(1) Any incorporate body, foundation or other organization (hereinafter referred to as "organization other than corporation") which is not a corporation (referring to domestic corporations and foreign corporations under subparagraph 1 of Article 2 and subparagraph 3 of Article 2, respectively, of the Corporate Tax Act; hereinafter the same shall apply) and which falls under any of the following subparagraphs and does not distribute profits to its members, shall be deemed a corporation and governed by this Act and other tax-related statutes: <Amended on Dec. 27, 2010; Dec. 31, 2018>
1. Any unregistered incorporate body, foundation or other organization which has been established with permission or authorization by the competent government agency or registered therewith under Acts and subordinate statues;
2. Any unregistered foundation which has basic property contributed for the purposes of public interest.
(2) An organization approved by the head of a competent tax office upon request by its representative or manager, among an organization deemed a juristic person under paragraph (1), other than a juristic person, except for the incorporate body, foundation or other organization, meeting all the requirements of the following subparagraphs, shall be deemed a juristic person and, therefore, be governed by this Act or other tax-related statutes. In such cases, the continuity and homogeneity of such incorporate body, foundation or other organization shall be deemed maintained: <Amended on Dec. 27, 2010>
1. It shall have rules concerning the organizational structure and operation of the incorporate body, foundation or other organization and appoint a representative or manager;
2. It shall independently possess and manage the revenues and property for the account of and under the name of the incorporate body, foundation, or other organization;
3. It shall not distribute its profits to its members.
(3) Any organization, other than juristic person, which is deemed a juristic person pursuant to paragraph (2), shall not be changed to a resident under the Income Tax Act or nonresident during the period between the taxable period which includes the date its application is approved by the head of a competent tax office and the taxable period which includes the date on which three years have elapsed since the end of the former taxable period: Provided, That the same shall not apply to the cancellation of approval due to a failure to meet the requirements under each of the subparagraphs of paragraph (2). <Amended on Dec. 27, 2010; Dec. 31, 2011>
(4) The national tax obligation of an organization, other than a juristic person, which is deemed a juristic person under paragraphs (1) and (2), (hereinafter referred to as "organization deemed a juristic person") shall be fulfilled by its representative or manager. <Amended on Dec. 27, 2010>
(5) Any organization deemed a juristic person shall, when it appoints or changes its representative or manager to discharge national tax obligation, report thereon to the head of a competent tax office, as prescribed by Presidential Decree.
(6) Where an organization deemed a juristic person fails to report under paragraph (5), the head of a competent tax office may designate a person to fulfill the national tax obligation, among members or related persons of the organization.
(7) Necessary matters on the application of an organization deemed a juristic person and its approval, issuance of tax payment number, and revocation of approval shall be prescribed by Presidential Decree.
(8) Notwithstanding the tax liability prescribed in tax-related statutes, in applying obligations to pay national taxes (excluding the obligation to collect and pay national taxes; hereafter in this paragraph, the same shall apply) to converted national university corporations (referring to corporations converted into national university corporations, among national university corporations under Article 3 of the Higher Education Act, after having been operated as national or public schools under Articles 3, 18, and 19 of the same Act under statutes based on which corporations are founded under Article 3 of the Higher Education Act; hereafter in this paragraph, the same shall apply), converted national university corporations shall not been deemed separate corporations but national or public schools before conversion into national university corporations: Provided, That the same shall not apply to obligations to pay taxes in cases where converted national university corporations engage in profit-making activities beyond an extent not hindering educational and research activities under statutes based on which relevant corporations are founded. <Newly Inserted on Dec. 31, 2019>[This Article Wholly Amended on Jan. 1, 2010][Title Amended on Dec. 31, 2019]