(1) Any of the following individuals shall be liable to pay income tax on his/her income under this Act:
1. A resident;
2. Any nonresident individual who has income from domestic sources.
(2) Any of the following persons shall be liable to pay withholding income tax under this Act:
1. A resident;
2. A nonresident;
3. A domestic corporation;
4. A branch or business office in the Republic of Korea (including a local office and other offices corresponding thereto; hereinafter the same shall apply) of a foreign corporation;
5. Other withholding agents prescribed by this Act.
(3) This Act shall apply to non-juristic organizations, other than organizations deemed corporations under Article 13 (4) of the Framework Act on National Taxes (hereafter referred to as "entities deemed corporations"), among non-juristic entities under Article 13 (1) of the same Act, considering them as one resident where they have a principal office or substantive place of business management within the Republic of Korea, and as one nonresident in other cases: Provided, That in cases falling under any of the following subparagraphs, each member of the relevant entity shall, according to income classifications, be obliged to pay income tax or corporate tax [limited to cases where the members thereof are corporations (including an entity deemed as a corporation) under the Corporate Tax Act; hereinafter the same shall apply in this Article] on its income respectively pursuant to this Act or the Corporate Tax Act. <Amended by Act No. 10408, Dec. 27, 2010; Act No. 11611, Jan. 1, 2013; Act No. 16104, Dec. 31, 2018>
1. Where profit distribution ratios among the members are fixed and the profit distribution ratios by member are confirmed;
2. Where profit distribution ratios among the members are not fixed, but, it is confirmed that, in fact, profit is distributed to each member.
(4) Notwithstanding paragraph (3), where profit distribution ratios only among some of all members are confirmed, or profit is distributed only to some members, an obligation to pay income tax or corporate tax shall be as classified in the following: <Newly Inserted by Act No. 16104, Dec. 31, 2018>
1. As for confirmed portions: Each relevant member shall bear an obligation to pay income tax or corporate tax:
2. As for unconfirmed portions: The relevant entity shall bear an obligation to pay income tax by deeming it either as one resident or as one non-resident.
(5) Notwithstanding paragraphs (3) and (4), where a foreign investment vehicle which falls under a non-juristic entity other than an entity deemed as a corporation (referring a vehicle established abroad which conducts investment activities with money collected through investment solicitation, and thereby acquires, disposes, or otherwise manages any investment assets with property value, distributing and attributing the profits to its investors; hereinafter the same shall apply) is deemed a de facto beneficiary of domestic source income pursuant to Article 119-2 (1) 2, such foreign investment vehicle shall be obliged to pay income tax as one non-resident. <Newly Inserted by Act No. 16104, Dec. 31, 2018>[This Article Wholly Amended by Act No. 9897, Dec. 31, 2009]