第七十五条の三(通算法人の災害等による確定申告書の提出期限の延長)
In the case where the due date for filing a return under Article 74, paragraph (1) (Final Returns) of a group tax sharing corporation has been extended pursuant to the provisions of Article 11 (Extension of Time Limits due to Disasters and Similar Causes) of the Act on General Rules for National Taxes, the due date for filing a return under that paragraph is deemed to have been extended pursuant to the provisions of Article 11 of that Act for the other group tax sharing corporations as well, as specified by Cabinet Order.
Subsection 2-2 Special Provisions on Filing Returns by Means of an Electronic Data Processing System
第二款の二 電子情報処理組織による申告の特例
Article 75-4Filing Returns by Means of an Electronic Data Processing System
第七十五条の四(電子情報処理組織による申告)
With regard to the filing of a return of corporation tax on income for each business year which, pursuant to the provisions of Article 71 (Interim Return), Article 72 (Matters to be Entered in Interim Return in the Case of Provisional Settlement of Accounts) or Article 74 (Final Returns), or Article 18 (Filing of a Return after the Due Date) or Article 19 (Amended Return) of the Act on General Rules for National Taxes, is to be made by means of an interim return, a Final Return or an amended return pertaining to either of these returns (hereinafter referred to as a "tax return" in this Article and paragraph (1) of the following Article), or is to be made by attaching thereto documents that are to be attached to the tax return pursuant to the provisions of this Act (including orders based thereon) or Article 18, paragraph (3) or Article 19, paragraph (4) of the Act on General Rules for National Taxes (hereinafter referred to as "attached documents" in this paragraph and paragraph (3)), a domestic corporation that is a specified corporation must, notwithstanding those provisions and as specified by Ministry of Finance Order, file the return by providing the matters that are to be stated in the tax return (referred to as "matters stated in a return" in paragraph (3)) or the matters that are to be stated or are stated in the attached documents (hereinafter referred to as "matters stated in attached documents" in this paragraph and paragraph (3)) by a method specified by Ministry of Finance Order as a method of using, upon notifying the district director in advance as specified by Ministry of Finance Order, an electronic data processing system (meaning an electronic data processing system connecting a computer used by the National Tax Agency (including an input-output device; hereinafter the same applies in this paragraph and paragraph (4)) and a computer used by the domestic corporation filing the return via a telecommunications line). However, the part of the return pertaining to attached documents may be filed by submitting an optical disc or any other recording medium specified by Ministry of Finance Order on which the matters stated in attached documents have been recorded.
特定法人である内国法人は、第七十一条(中間申告)、第七十二条(仮決算をした場合の中間申告書の記載事項等)若しくは第七十四条(確定申告)又は国税通則法第十八条(期限後申告)若しくは第十九条(修正申告)の規定により、中間申告書若しくは確定申告書若しくはこれらの申告書に係る修正申告書(以下この条及び次条第一項において「納税申告書」という。)により行うこととされ、又はこれにこの法律(これに基づく命令を含む。)若しくは国税通則法第十八条第三項若しくは第十九条第四項の規定により納税申告書に添付すべきものとされている書類(以下この項及び第三項において「添付書類」という。)を添付して行うこととされている各事業年度の所得に対する法人税の申告については、これらの規定にかかわらず、財務省令で定めるところにより、納税申告書に記載すべきものとされている事項(第三項において「申告書記載事項」という。)又は添付書類に記載すべきものとされ、若しくは記載されている事項(以下この項及び第三項において「添付書類記載事項」という。)を、財務省令で定めるところによりあらかじめ税務署長に届け出て行う電子情報処理組織(国税庁の使用に係る電子計算機(入出力装置を含む。以下この項及び第四項において同じ。)とその申告をする内国法人の使用に係る電子計算機とを電気通信回線で接続した電子情報処理組織をいう。)を使用する方法として財務省令で定める方法により提供することにより、行わなければならない。ただし、当該申告のうち添付書類に係る部分については、添付書類記載事項を記録した光ディスクその他の財務省令で定める記録用の媒体を提出する方法により、行うことができる。
The specified corporation prescribed in the preceding paragraph means any of the following corporations:
前項に規定する特定法人とは、次に掲げる法人をいう。
a corporation whose amount of stated capital or amount of capital contributions as of the beginning of the business year exceeds 100 million yen;
当該事業年度開始の時における資本金の額又は出資金の額が一億円を超える法人
a group tax sharing corporation (excluding a corporation listed in the preceding item);
a mutual company as prescribed in the Insurance Business Act (excluding a corporation listed in the preceding item);
保険業法に規定する相互会社(前号に掲げる法人を除く。)
an investment corporation (excluding a corporation listed in item (i)); and
a specific purpose company (excluding a corporation listed in item (i)).
With regard to a return under paragraph (1) filed pursuant to the provisions of that paragraph, the provisions of this Act (including orders based thereon) and the Act on General Rules for National Taxes (excluding Article 124 (Statement of the Name, Address and Number of the Person Submitting Documents)) and the provisions of other laws and regulations specified by Cabinet Order apply by deeming that the return was filed by means of a tax return in which the matters stated in a return have been stated, or by attaching thereto attached documents in which the matters stated in attached documents have been stated.
A return under paragraph (1) filed pursuant to the main clause of that paragraph is deemed to have reached the district director at the time when it is recorded in a file stored on the computer used by the National Tax Agency referred to in that paragraph.
In the case referred to in paragraph (1), with regard to the statement of the name and corporate number (meaning a corporate number as prescribed in Article 2, paragraph (16) (Definitions) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)) under the provisions of Article 124 of the Act on General Rules for National Taxes, the domestic corporation referred to in paragraph (1) must, notwithstanding the provisions of Article 124 of the Act on General Rules for National Taxes, take measures to make its name clear in lieu of that statement, as specified by Ministry of Finance Order.
第一項の場合において、国税通則法第百二十四条の規定による名称及び法人番号(行政手続における特定の個人を識別するための番号の利用等に関する法律(平成二十五年法律第二十七号)第二条第十六項(定義)に規定する法人番号をいう。)の記載については、第一項の内国法人は、国税通則法第百二十四条の規定にかかわらず、当該記載に代えて、財務省令で定めるところにより、名称を明らかにする措置を講じなければならない。
第七十五条の五(電子情報処理組織による申告が困難である場合の特例)
In the case where it is recognized that it is difficult for the domestic corporation referred to in paragraph (1) of the preceding Article to use the electronic data processing system prescribed in that paragraph due to a failure of a telecommunications line, a disaster or other reasons, and it is recognized that the domestic corporation is able to submit a tax return without applying the provisions of that paragraph, when the domestic corporation has obtained approval from the competent district director with jurisdiction over the place for tax payment for submitting a tax return without applying the provisions of that paragraph, the provisions of that Article do not apply to a return under that paragraph that is filed within the period designated by the district director.
A domestic corporation that seeks the approval referred to in the preceding paragraph must submit an application form stating the circumstances that have made it necessary to receive the application of the provisions of that paragraph, the period for which it seeks the designation under the provisions of that paragraph and other matters specified by Ministry of Finance Order, with the documents specified by Ministry of Finance Order attached thereto, to the competent district director with jurisdiction over the place for tax payment by 15 days prior to the first day of the period (in the case where the day on which the reason prescribed in that paragraph arose is on or after the day 15 days prior to the due date for filing a return under Article 74, paragraph (1) (Final Returns), when the due date falls within the period, by that first day).
In the case where an application form referred to in the preceding paragraph has been submitted, when the district director finds the circumstances referred to in that paragraph pertaining to the application to be inappropriate, they may deny the application.
In the case where an application form referred to in paragraph (2) has been submitted, when the district director makes a disposition of approval or denial with regard to the application, they notify the domestic corporation that has filed the application to that effect, in writing.
In the case where an application form referred to in paragraph (2) has been submitted, when no disposition of approval or denial has been made by the first day of the period, stated in the application form, for which the designation under the provisions of paragraph (1) is sought, it is deemed that the approval was given on that day and that the designation under the provisions of that paragraph was made with that period as the period referred to in that paragraph.
In the case where the district director recognizes that it is no longer difficult for a domestic corporation subject to the provisions of paragraph (1) to use the electronic data processing system prescribed in paragraph (1) of the preceding Article, they may revoke the approval referred to in paragraph (1). In this case, when the disposition of revocation has been made, the disposition is to become effective for the period on or after the day following the date of the disposition.
When the district director makes a disposition set forth in the preceding paragraph, they notify the domestic corporation related to the disposition to that effect, in writing.
When a domestic corporation subject to the provisions of paragraph (1) wishes to stop receiving the application of the provisions of paragraph (1) with regard to a return under paragraph (1) of the preceding Article, it must submit a report stating to that effect and other matters specified by Ministry of Finance Order to the competent district director with jurisdiction over the place for tax payment. In this case, when the report has been submitted, the disposition of approval referred to in that paragraph ceases to be effective for the period on or after the day following the day on which it was submitted.
Subsection 3 Payment
第三款 納付
Article 76Payment by Interim Return
第七十六条(中間申告による納付)
When an ordinary corporation, which is a domestic corporation and which has filed an interim return, holds any amount listed in Article 71, paragraph (1), item (i) (Matters to be Entered in Interim Return Based on Performance in the Previous Period) that it entered in the return (in the case where it has filed an interim return containing the matters listed in the items of Article 72, paragraph (1) (Matters to be Entered in Interim Return in the Case of Provisional Settlement of Accounts), any amount listed in item (ii) of the paragraph), it must pay corporation tax equivalent to the amount to the State.
Article 77Payment by Final Return
第七十七条(確定申告による納付)
When a domestic corporation, which has filed a return under Article 74, paragraph (1) (Final Return), holds any amount listed in item (ii) of the paragraph that it entered in the return (in the case falling under the provisions of item (iv) of the paragraph, any amount listed in the item), it must pay corporation tax equivalent to the amount to the State.
Subsection 4 Refund
第四款 還付
Article 78Refund of Income Tax
第七十八条(所得税額等の還付)
In the case where an interim return (limited to one stating the matters listed in the items of Article 72, paragraph (1) (Matters to be Entered in Interim Return in the Case of Provisional Settlement of Accounts)) has been filed or in the case where a Final Return has been filed, when the return states any amount listed in paragraph (4), item (i) of that Article or Article 74, paragraph (1), item (iii) (Final Returns), the district director refunds tax equivalent to the amount to the domestic corporation that has filed the return.
In the case of calculating the amount of interest on a refund with regard to a refund pursuant to the provisions of the preceding paragraph, the period set forth in Article 58, paragraph (1) (Interest on Refund) of the Act on General Rules for National Taxes, which is used as the basis of the calculation, is to be the period from the day following the due date for filing the interim return or Final Return set forth in the preceding paragraph (in the case where the Final Return is a return filed after the due date, from the day following the date of the filing of the Final Return) up to the day on which the payment of the relevant refund is decided or the day on which the relevant refund is appropriated (in the case where appropriation has become possible before the date of appropriation, up to the day on which it becomes possible).
In the case where a refund pursuant to the provisions of paragraph (1) is appropriated for the unpaid portion of corporation tax on income for the business year pertaining to an interim return set forth in the paragraph or the business year pertaining to a Final Return set forth in the paragraph, interest on a refund is not added to the portion of the refund to be used for appropriation and any delinquent tax and interest tax is to be exempted with regard to the portion of the corporation tax that is to be appropriated.
Beyond what is provided for in the preceding two paragraphs, procedures for a refund set forth in paragraph (1), methods for the appropriation of a refund (including interest on a refund related thereto) pursuant to the provisions of the paragraph, and other necessary matters concerning the application of the provisions of the paragraph are specified by Cabinet Order.