Incorporation

Korean branch vs. entity
which do you actually need

The right answer depends on your tax exposure, hiring plans, and how long you intend to operate. Covers FDI notification (entity) vs. branch installation notification, how corporate tax/withholding/transfer pricing are handled, and when a branch is enough versus when you need a full subsidiary.

~5 min read Plan C · Plan D As of 2025

What actually separates a branch from an entity

ItemBranch OfficeLLC
Legal personalityNone (an extension of HQ)Yes (standalone entity)
Setup time6–12 weeks6–10 weeks to register (3–5 months to first revenue)
Governing law / filingForeign Exchange Transactions Act — branch installation notification to a foreign exchange bankForeign Investment Promotion Act — FDI notification (KRW 100M+ in foreign currency & 10%+ equity stake)
Minimum capitalNoneNo legal minimum, but KRW 100M+ if you want FDI recognition
Korean corporate taxKorean corporate tax on income attributed to the branch (a separate branch tax can also apply)Korean corporate tax rates apply
Transfer pricing exposureYesYes (needs to be managed separately)
HiringPossiblePossible
Independent contractingLimitedFully possible
Opening a bank accountPossible (stricter requirements)Possible
Closing it downRelatively simpleRequires a liquidation process

Income earned in Korea is taxed in Korea either way

A branch also files and pays Korean corporate tax on its Korea-source income. Because a branch has no separate legal personality, its results consolidate into the HQ's financial statements, and further settlement can occur in the HQ's home country via a foreign tax credit. Some tax treaties also impose a separate branch profit tax.

An LLC (standalone entity) is subject to Korean corporate tax rates — 9% up to KRW 200M of taxable income, 19% from KRW 200M–20B, 21% from KRW 20B–300B, and 24% above KRW 300B (as of 2025, plus a separate 10% local income tax). A 1-point increase in each bracket (to 10/20/22/25%) is scheduled starting the 2026 tax year, so confirm the current rate when you consult.

A 2026 caution (KONIVO-confirmed as of 2026-08)
Some tax offices have rejected business registration for entities combining a non-resident foreign founder, a virtual office, and minimal capital (this isn't an official published rule — it comes down to the individual officer's discretion). Preparing evidence of a genuine place of business is essential.

When a branch fits, and when an entity fits

A branch fits when
• You need a Korean foothold but not a fully independent entity
• Your HQ's home-country corporate tax rate is lower than Korea's
• You may exit after a short run (2–3 years)
• You want to avoid the complexity of a liquidation process
An entity (LLC) fits when
• Your long-term commitment is clear and annual revenue clears a certain scale
• You want to hire, contract, and invest independently in Korea
• A B2B partner or distributor requires a direct contract with a Korean entity
• You want IP such as patents or trademarks held under the Korean entity's name

Key steps to incorporating an LLC (6–10 weeks)

1
Apostille & document prep (1–2 weeks)
Home-country documents (articles of incorporation, shareholder ID verification, etc.) need apostille certification. Turnaround varies by country.
2
FDI notification & entity registration (2–4 weeks)
File the foreign investment notification, then register incorporation with the court. An LLC has a simpler procedure than a joint-stock corporation.
3
Business registration & bank account (1–2 weeks)
Register with the tax office, then open a corporate bank account. A new entity's default transfer limit is capped at KRW 1.3M/day (≈US$700), so applying to raise that limit is essential.
4
VAT registration & channel onboarding (1–2 weeks)
Register as a VAT-liable business, then apply to list on channels like Coupang and Naver. Extra documents such as a mail-order business registration certificate and a customs ID code are required.

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