Serbia: Treaty analysis: Serbia ratifies DTA with South Korea

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Serbia: Treaty analysis: Serbia ratifies DTA with South Korea

Rafailovic

Aleksandra Rafailovic

On February 24 2016, Serbia expanded its double tax treaty network by ratifying the Agreement for the avoidance of double taxation with respect to taxes on income, signed with the Republic of Korea on January 22 2016.

The treaty closely follows the standard OECD contract model, but differs in terms of the withholding tax rates applicable, which have been defined as follows:

  • Dividends

  • 5% ( if the recipient company holds at least 25% of the dividend-paying company)

  • 10% ( in all other cases);

  • Interest – 10%;

  • Royalties

  • 5% (for the use of, or the right to use, any copyrights of literary, artistic or scientific work including cinematography films, films or tapes for television or radio)

  • 10% (applicable for the use of, or the right to use any patent, trademark, design or model, plan, secret formula or process as well as industrial, commercial or scientific equipment or for information concerning industrial, commercial or scientific experience).

Some other specific details include:

  • A building site or construction or installation project constitutes a permanent establishment only if it lasts more than 12 months.

  • Penalty interest rate shall not be regarded as interest for purposes of this Agreement (Article 11)

By signing the above-mentioned treaty, South Korea also becomes one of the countries exempt from the withholding tax on service fees paid to non-resident legal entities which was introduced in Serbia as of March 1 2016.

Following the ratification of the agreement and the publishing of the ratification law in the Official Gazette – International Treaties No. 4/2016, the treaty becomes officially binding and will enter into force as of January 1 2017.

Aleksandra Rafailovic (aleksandra.rafailovic@eurofast.eu)

Eurofast Global Belgrade

Tel: +381 11 3241484

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Nobody likes paperwork or paying money, but the assertion that legal accreditation doesn’t offer value to firms and clients alike is false
Ryan hopes the buyout will help it expand into Asia and the Middle East; in other news, three German finance ministers have called for a suspension of pillar two
SKAT, which was represented by Pinsent Masons, had accused Sanjay Shah and other defendants of fraudulent dividend tax refund claims
TP managers must be able to explain technical issues in simple terms, ITR’s European Transfer Pricing Forum heard
Prudential had challenged HMRC over VAT group relief; in other news, Donald Trump unveiled timber and wood tariffs, and the European Commission published a ViDA implementation strategy
Australia’s CbCR rules have ‘widespread support’ and do not put American companies at a competitive disadvantage, the FACT Coalition said
Baker McKenzie advised two of the member firms involved, while several advisers provided transaction counsel to US-based Grant Thornton Advisors
Gift this article