Regulations Governing Reduction and Exemption of Income Tax of Foreign Specialist Professionals Article 3

A foreign specialist professional who has been recognized as possessing specific expertise in accordance with the preceding article, has obtained the approved employment of a foreign specialist professional issued by the Ministry of Labor or by the Ministry of Education, and has met all of the following requirements is eligible to apply for the tax incentives under Article 22 of the Act:1.He/she has for the first time been approved to reside in the State for the purpose of work;2.He/she has engaged in professional work related to recognized specific expertise in the State;3.During the five years prior to the date of his/her employment engaged in professional work, he/she had no household registration in the State and was not an individual residing in the State in accordance with the Income Tax Act.If a foreign specialist professional applying to the National Immigration Agency, Ministry of the Interior for the Employment Gold Card, meets the requirements in the provisions of Subparagraphs 1 and 2 of the preceding paragraph, and has no household registration in the State and is not an individual residing in the State in accordance with the Income Tax Act during the five years prior to the date of the issuance of the Employment Gold Card, he/she is eligible to apply for the tax incentives under Article 22 of the Act in accordance with these Regulations during the effective period of the Employment Gold Card and engagement in the professional work.If a foreign specialist professional who is not required to apply for a permit to engage in professional work in the State in accordance with Article 7, Article 12, or Paragraph 1 of Article 31 of the Act, applies to the central competent authorities for a certificate of having specific expertise and meets each of the requirements set forth in Paragraph 1, he/she is eligible to apply for the tax incentives under Article 22 of the Act.If a foreign specialist professional applies for the approved employment of a foreign specialist professional pursuant to Paragraph 1, or for the Employment Gold Card pursuant to Paragraph 2 (hereinafter collectively referred to as “the approved employment of FSP or the Gold Card”), and simultaneously or subsequently applies for another approved employment and first obtains such other approved employment, then, upon subsequently obtaining the approved employment of FSP or the Gold Card and engaging in the same professional work under the same employment contract, he/she shall be deemed to have met the qualifications of a foreign specialist professional as of the date of obtaining the other approved employment and shall be eligible to apply for the tax incentives under Article 22 of the Act.If a foreign specialist professional had been previously approved to reside in the State before being employed to engage in professional work in the State, and such approval was not given on the ground of his/her engagement in that professional work, he/she shall not be subject to the first-time approval requirement in Subparagraph 1 of Paragraph 1 herein. If a foreign specialist professional has resided in the State for the purpose of study and has obtained an associate degree or higher from a junior college or university in the State, the period of residence in the State during such study and any period of post-graduation extension of residency granted pursuant to Article 12 of the Act shall not be counted toward the number of days of residence when, pursuant to Subparagraph 3 of Paragraph 1 or Paragraph 2, determining whether he/she is an individual residing in the State in accordance with the Income Tax Act.