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 2026

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

Tax advisers should revisit India secondment arrangements after the EY US ruling strengthened the Centrica precedent and raised fresh withholding concerns
Despite the shortfall, effective tax rates of multinationals have seen a ‘statistically significant rise’
After joining Milbank from Akin Gump, the fund tax specialist discusses sponsor demand, practice building, and the tax challenges facing asset managers
Partner payouts could also be reduced by a fifth, it has been reported
There is no logical reason not to extend an exemption from EU CFC rules to multinationals headquartered in side-by-side jurisdictions, USCIB said
While rarely the sole driver of a combination, tax is becoming an increasingly important part of firms' efforts to keep up with client expectations
New research, which suggests LLMs can silently corrupt complex documents, should alert tax and legal teams relying on AI to handle iterative drafting and compliance workflows
Maintaining increased funding for HMRC is a ‘high possibility’ if he becomes PM, ITR has also heard
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2026 Europe Tax Awards
The firm has hired a team of private client lawyers from Withers to launch in New York and Connecticut, though ITR analysis suggests it faces stiff competition
Gift this article