Article 151-5Special Provisions on Returns Filed after the Deadline and Similar Matters upon Division of the Estate or Similar Event
第百五十一条の五(遺産分割等があつた場合の期限後申告等の特例)
The heir of a Resident who has newly come to meet the requirements under which a return must be filed under Article 125, paragraph (1) (Filing a Tax Return If the Taxpayer Has Died Partway Through the Year) because Article 60-3, paragraph (1) (Special Provisions on Capital Gains and Similar Income If Assets Are Transferred to a Nonresident by Gift or Similar Means) has been applied due to a division of the estate or similar event as prescribed in paragraph (1) of the following Article (hereinafter referred to as a "division of the estate or similar event" in this Article) that occurred after the deadline for filing a return under Article 125, paragraph (1) must file a return filed after the deadline for the year that includes the date of the Resident's death within four months from the date on which the division of the estate or similar event occurred, and must pay the amount of tax payable as a result of filing that return filed after the deadline within that time limit.
The heir of a Resident who has newly come to meet the requirements under which a return may be filed under Article 125, paragraph (2) because Article 60-3, paragraph (1) has been applied due to the occurrence of a division of the estate or similar event may file a return under that paragraph for the year that includes the date of the Resident's death after the division of the estate or similar event has occurred.
The heir of a Resident who has newly come to meet the requirements under which a return may be filed under Article 125, paragraph (3) because Article 60-3, paragraph (1) has been applied due to a division of the estate or similar event that occurred after the deadline for filing a return under Article 125, paragraph (3) may file a return filed after the deadline for the year that includes the date of the Resident's death.
If a person who is required to file a return filed after the deadline pursuant to paragraph (1) does not file that return filed after the deadline, the competent district director for the locality in which the taxpayer pays taxes makes a determination of the amount of income, the amount of income tax, and the other information that should have been indicated in that return filed after the deadline.
The provisions of the Act on General Rules for National Taxes apply to a return filed after the deadline under paragraph (1) and to a determination under the preceding paragraph as follows:
a return filed after the deadline that is filed within the deadline for filing prescribed in paragraph (1) is deemed to be a return filed by the due date as prescribed in Article 17, paragraph (2) (Filing of a Return by the Due Date) of the Act on General Rules for National Taxes;
当該期限後申告書で第一項に規定する提出期限内に提出されたものについては、これを国税通則法第十七条第二項(期限内申告)に規定する期限内申告書とみなす。
for a return filed after the deadline that is filed after the deadline for filing prescribed in paragraph (1) and for the determination, the terms "statutory Tax Return due date" and "statutory payment due date" in the provisions of Chapters II through VII (Determination of National Tax Liability and Related Matters) of the Act on General Rules for National Taxes are deemed to be replaced with "the deadline for filing a return filed after the deadline prescribed in Article 151-5, paragraph (1) (Special Provisions on Returns Filed after the Deadline and Similar Matters upon Division of the Estate or Similar Event) of the Income Tax Act".
当該期限後申告書で第一項に規定する提出期限後に提出されたもの及び当該決定については、国税通則法第二章から第七章まで(国税の納付義務の確定等)の規定中「法定申告期限」とあり、及び「法定納期限」とあるのは、「所得税法第百五十一条の五第一項(遺産分割等があつた場合の期限後申告等の特例)に規定する期限後申告書の提出期限」とする。
The right to claim from the national government a refund arising from the filing of a return under the provisions of paragraphs (1) through (3) is extinguished by prescription if it is not exercised for five years from the date on which the division of the estate or similar event occurred.
第一項から第三項までの規定による申告書を提出することによる還付金の国に対する請求権は、遺産分割等の事由が生じた日から五年間行使しないことによつて、時効により消滅する。