As K-pop continues to captivate a global audience, with groups like (G)I-DLE, AESPA, THE BOYZ, GOT7, IVE, IU, and VAV slated to perform in the United States in 2024, it becomes crucial for these artists to comprehend and address the intricate tax regulations in the US. American tax laws require foreign artists to adhere to a withholding tax on income earned from their performances. This involves grasping the specifics of the withholding tax rate, which may differ depending on the tax treaties between the US and the artist's home nation. Around 66 countries have income tax treaties with the US, which sometimes allow foreign artists to be exempt from US income taxes for their performance-related earnings. If such an exemption is applicable and the necessary documentation is provided, the standard 30% withholding doesn't apply.

Unfortunately, the current tax treaty between South Korea and the United States doesn't offer such exemptions or reduced rates for artists, entertainers, or athletes. Hence, K-pop artists performing in the US are subject to a 30% withholding tax (unless the artists have citizenships in other countries). A vital tax planning tool is the Central Withholding Agreement (CWA), which permits foreign entertainers to negotiate a lower withholding rate based on their estimated net income and actual tax liability, thus offering a more accurate reflection of their tax obligations and aiding in financial planning.

Applying for a CWA requires submitting a detailed proposal to the IRS, including expected income, expenses, tax identification, a detailed schedule of US engagements, and related contracts. The IRS assesses this information to decide on a suitable withholding rate. CWAs aim to balance tax compliance with potentially reduced tax burdens. K-pop artists should, therefore, work with skilled tax professionals specializing in international entertainment tax law to navigate these complexities effectively and optimize their tax standing.

Most tax treaties, including the one between South Korea and the US, include a “business profits” clause that exempts foreign businesses' income from US tax. If a K-pop group is classified as a business without a permanent establishment in the US, their earnings might be entirely tax-exempt. However, such businesses are still responsible for withholding US taxes on payments to their performers, whether they are employees or independent contractors. For instance, if a Korean entertainment company's earnings in the US are exempt under the treaty's business profits clause, it must still withhold US taxes on payments to its entertainers, regardless of their employment status. Unless an exemption applies, the 30% withholding is mandatory for these payments.  A detailed analysis of all relevant facts and laws, as well as documentation, is recommended to claim this treaty benefit.

The increasing presence of K-pop artists in the US market underscores the importance of comprehensive tax planning. By understanding and strategically navigating these requirements, artists can focus on their performances, secure in their financial and tax planning, and most importantly, avoid conflicts with the IRS.