The fixed period specified by Cabinet Order prescribed in Article 2, paragraph (1), item (xiii) of the Act is to be the fiscal year of a public corporation, etc. (meaning the national government, a local government, or any other corporation not subject to the application of Articles 13 and 14 (Business Year) of the Corporation Tax Act (including an association or foundation without legal personality; the same applies hereinafter); the same applies hereinafter in this Article) or any other period equivalent to it (hereinafter in this Article referred to as the "fiscal year, etc.") that is prescribed by laws and regulations, or that is prescribed in the articles of incorporation, act of endowment, rules or regulations of the public corporation, etc. (hereinafter in this Article referred to as the "articles of incorporation, etc."), and, where laws and regulations or the articles of incorporation, etc. do not prescribe a fiscal year, etc., is to be the fiscal year, etc. notified to the district director having jurisdiction over the place for tax payment under the provisions of the following paragraph, the fiscal year, etc. designated by the district director having jurisdiction over the place for tax payment under the provisions of paragraph (3), or the period prescribed in paragraph (4); provided, however, that where any of those periods exceeds one year, it is to be each period into which that period is divided at intervals of one year from its start date (or, where a period of less than one year arises at the end, that period of less than one year).
法第二条第一項第十三号に規定する政令で定める一定の期間は、公共法人等(国、地方公共団体その他法人税法第十三条及び第十四条(事業年度)の規定の適用を受けない法人(人格のない社団等を含む。以下同じ。)をいう。以下この条において同じ。)の会計年度その他これに準ずる期間(以下この条において「会計年度等」という。)で、法令で定めるもの又は公共法人等の定款、寄附行為、規則若しくは規約(以下この条において「定款等」という。)に定めるものとし、法令又は定款等に会計年度等の定めがない場合には、次項の規定により納税地を所轄する税務署長に届け出た会計年度等又は第三項の規定により納税地を所轄する税務署長が指定した会計年度等若しくは第四項に規定する期間とする。ただし、これらの期間が一年を超える場合は、当該期間をその開始の日以後一年ごとに区分した各期間(最後に一年未満の期間を生じたときは、その一年未満の期間)とする。
A public corporation, etc. for which laws and regulations or the articles of incorporation, etc. do not prescribe a fiscal year, etc. must, within two months after the day on which it commenced business pertaining to taxable transfers, etc. of assets in Japan (excluding those that fall under specified transfers, etc. of assets; the same applies in paragraph (5)), prescribe a fiscal year, etc. and notify the district director having jurisdiction over the place for tax payment of it.
Where a public corporation, etc. (excluding an association or foundation without legal personality) that is to make the notification under the provisions of the preceding paragraph does not make that notification, the district director having jurisdiction over the place for tax payment is to designate its fiscal year, etc. and notify that public corporation, etc. to that effect in writing.
Where an association or foundation without legal personality that is to make the notification under the provisions of paragraph (2) does not make that notification, the fiscal year, etc. of that association or foundation without legal personality is to be the period from January 1 to December 31 of that year.
Where a public corporation, etc. commences business pertaining to taxable transfers, etc. of assets in Japan in the middle of a fiscal year, etc. determined under the provisions of the preceding paragraphs, notwithstanding those provisions, the first day of the fiscal year, etc. that includes the day on which it commenced that business is to be the day on which it commenced that business, and where a public corporation, etc. discontinues that business in the middle of a fiscal year, etc. determined under those provisions (including where it is extinguished by merger) or where the residual assets of a public corporation, etc. in liquidation are finalized, notwithstanding those provisions, the last day of the fiscal year, etc. that includes the day on which it came to fall under any of those cases is to be the day on which it came to fall under that case.
Where a public corporation, etc. changes the fiscal year, etc. prescribed in its articles of incorporation, etc., or newly prescribes a fiscal year, etc. in its articles of incorporation, etc., it must, without delay, notify the district director having jurisdiction over the place for tax payment of the fiscal year, etc. before the change and the fiscal year, etc. after the change, or of the fiscal year, etc. so prescribed.
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fiscal year, etc.machine translation
「会計年度等」
The fiscal year or similar period of a public corporation, etc. (公共法人等) — the national government, a local government, or another corporation (including an association without legal personality) to which Articles 13 and 14 of the Corporation Tax Act do not apply — set by law or by its articles of incorporation or other rules, or, where none is set, notified to or designated by the district director of the tax office (税務署長).
Short name set inArticle 3, paragraph (1)· applies only in this article
public corporation, etc.machine translation
「公共法人等」
In Article 3, the national government, local governments and other corporations (including associations without legal personality (人格のない社団等)) to which Articles 13 and 14 of the Corporation Tax Act, on business years, do not apply.
Defined inArticle 3, paragraph (1)· applies only in this article
articles of incorporation, etc.machine translation
「定款等」
The articles of incorporation, act of endowment (寄附行為), rules or bylaws of the corporation or other body concerned: in Article 3, a public corporation, etc. (公共法人等); in Article 74, a corporation listed in Appended Table 3 of the Consumption Tax Act.
Short name set inArticle 3, paragraph (1)· applies only in this article
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 as a reference.