Article 70Calculation of Refund Amount of Delinquent Tax and Amount of Interest on Refund Relating to Interim Payment by Reassessment or Similar Decision or Determination, etc.
第七十条(更正等又は決定による中間納付額に係る延滞税の還付金額及び還付加算金の額の計算等)
The amount calculated as specified by Cabinet Order prescribed in Article 55, paragraph (3) of the Act is the amount remaining after deducting the amount set forth in item (ii) from the amount set forth in item (i):
the total amount of delinquent tax paid on the interim payment relating to the interim return prescribed in Article 55, paragraph (1) or (2) of the Act (where, among that delinquent tax, there is any that has already become refundable under Article 53, paragraph (2) or Article 55, paragraph (3) of the Act, excluding the amount of the delinquent tax that has become refundable);
the total amount of delinquent tax calculated, under the provisions of laws concerning national taxes, for each interim payment obtained by successively going, in the order specified below, through that interim payment (excluding the amount of the portion appropriated by a refund under Article 53, paragraph (1) or Article 55, paragraph (1) or (2) of the Act) until the amount set forth in Article 45, paragraph (1), item (iv) of the Act relating to the determination (meaning a determination under Article 25 (Determination) of the Act on General Rules for National Taxes) or reassessment or similar decision (meaning the reassessment or similar decision prescribed in Article 55, paragraph (2) of the Act) that is the cause of that refund is reached (where there is consumption tax subject to the appropriation under Article 68, paragraph (1), item (i) as applied mutatis mutandis pursuant to paragraph (4), the amount obtained by adding the amount of that consumption tax):
当該中間納付額(法第五十三条第一項又は第五十五条第一項若しくは第二項の規定による還付金をもつて充当をされる部分の金額を除く。)のうち次に定める順序により当該還付の基因となる決定(国税通則法第二十五条(決定)の規定による決定をいう。)又は更正等(法第五十五条第二項に規定する更正等をいう。)に係る法第四十五条第一項第四号に掲げる金額(第四項において準用する第六十八条第一項第一号の充当をされる消費税がある場合には、当該消費税の額を加算した金額)に達するまで順次求めた各中間納付額につき国税に関する法律の規定により計算される延滞税の額の合計額
for those of the interim payments that have different statutory payment due dates, the one with the earlier statutory payment due date takes priority;
for those of the interim payments that have the same statutory payment due date but different dates of finalization, the one with the earlier date of finalization takes priority;
for those of the interim payments that have the same statutory payment due date and date of finalization but different dates of payment, the one with the earlier date of payment takes priority.
The reason specified by Cabinet Order prescribed in Article 55, paragraph (4), item (ii), (a), (2) of the Act is the reason specified by Cabinet Order prescribed in Article 58, paragraph (5) (Interest on Refund) of the Act on General Rules for National Taxes.
法第五十五条第四項第二号イ(2)に規定する政令で定める理由は、国税通則法第五十八条第五項(還付加算金)に規定する政令で定める理由とする。
Where the amount of interest on refund is calculated for a refund under Article 55, paragraph (1) or (2) of the Act, Article 55, paragraph (4) of the Act is applied by treating as the interim payment to be refunded prescribed in that paragraph each interim payment obtained by successively going back, in the order specified below, through the interim payments relating to the interim return prescribed in those provisions (where there is a portion that has already been made the basis for calculating the amount of interest on refund under Article 53, paragraph (3) of the Act, or a portion appropriated by a refund under Article 55, paragraph (1) or (2) of the Act, excluding those amounts; the same applies hereinafter in this paragraph) until the amount of that refund is reached (where appropriation under Article 68, paragraph (1), item (i) or (ii) as applied mutatis mutandis pursuant to the following paragraph is made by that refund, the amount obtained by deducting the amount of the refund so appropriated).
法第五十五条第一項又は第二項の規定による還付金について還付加算金の額を計算する場合には、これらの規定に規定する中間申告書に係る中間納付額(既に法第五十三条第三項の還付加算金の額の計算の基礎とされた部分の金額があり、又は法第五十五条第一項若しくは第二項の規定による還付金をもつて充当をされる部分の金額がある場合には、これらの金額を除く。以下この項において同じ。)のうち次に定める順序により当該還付金の額(当該還付金をもつて次項において準用する第六十八条第一項第一号又は第二号の充当をする場合には、当該充当をする還付金の額を控除した金額)に達するまで順次遡つて求めた各中間納付額を法第五十五条第四項に規定する還付すべき中間納付額として、同項の規定を適用する。
for those of the interim payments that have different statutory payment due dates, the one with the later statutory payment due date takes priority;
for those of the interim payments that have the same statutory payment due date but different dates of finalization, the one with the later date of finalization takes priority;
for those of the interim payments that have the same statutory payment due date and date of finalization but different dates of payment, the one with the later date of payment takes priority.
The provisions of Article 65 and Article 68 apply mutatis mutandis where appropriation to unpaid national tax and expenses for the delinquent tax collection procedure is made of a refund under Article 54, paragraph (1) of the Act (including interest on refund relating thereto) or a refund under Article 55, paragraphs (1) through (3) of the Act (including interest on refund relating thereto).
Read this with the articles around it
interim paymentmachine translation
「中間納付額」
An interim payment as defined in Article 2, paragraph (1), item (xx) of the Consumption Tax Act: the consumption tax payable under Article 48 of that Act on an interim return (中間申告書), or that amount as changed where an amended return (修正申告書) under Article 19, paragraph (3) of the Act on General Rules for National Taxes is filed or a reassessment (更正) under Article 24 or 26 of that Act is made.
Defined inArticle 1, paragraph (1)
appropriationmachine translation
「充当」
Using a refund owed to a taxpayer to pay other national tax they owe instead, under Article 57, paragraph (1) of the Act on General Rules for National Taxes.
Short name set inArticle 64, paragraph (1)· applies only in this chapter
interest on refundmachine translation
「還付加算金」
In Chapter IV, interest on refund as Article 52, paragraph (2) of the Consumption Tax Act uses the term: interest on refund under Article 58, paragraph (1) of the Act on General Rules for National Taxes, added to a refund under Article 52, paragraph (1) of the Consumption Tax Act.
Defined inArticle 65, paragraph (1)· applies only in this chapter
statutory payment due datemachine translation
「法定納期限」
The deadline the national tax laws set for paying a national tax, with special rules for tax on a late or amended return, tax notified after its deadline, tax collected at once when an event occurs, and accessory tax; a deadline that has been advanced, or extended by postponement or a grace period, does not count.
Short name set inArticle 68, paragraph (1), item (ii)· applies only in this article and in Articles 69 and 70