Chapter V Filing of Returns, Payment, and Refunds
第五章 申告、納付及び還付
Section 1 Tax Prepayments
第一節 予定納税
Subsection 1 Tax Prepayments
第一款 予定納税
Article 104Making Tax Prepayments
第百四条(予定納税額の納付)
If the amount arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i) (hereinafter referred to as the "tax prepayment calculation base" in this Chapter) is 150,000 yen or more, a Resident (other than one required to make payments under Article 107, paragraph (1) (Tax Prepayments by Special Farming Income Earners)) must pay income taxes to the national government in an amount equivalent to one-third of the tax prepayment calculation base, once during the first term (meaning the period from July 1 to July 31 of that year; hereinafter the same applies in this Chapter) and once during the second term (meaning the period from November 1 to November 30 of that year):
the amount of income taxes imposed on the previous year's taxable gross income (or the amount calculated pursuant to Cabinet Order when any capital gains, occasional income, miscellaneous income, or Ad Hoc Income not falling under the category of miscellaneous income, which formed a part of the Income in Each Class that was used as the basis for calculating taxable gross income, are deemed not to exist; or the amount calculated when Article 2 (Reduction of or Exemption from Income Taxes) of the Act on Exemption, Reduction, or Suspension of Tax Collection for Disaster Victims (Act No. 175 of 1947) which was applied to income taxes for that year, is deemed not to have been applied);
the amount of income taxes that were or should have been Withheld from Each Class of Income that was used as the basis for calculating the previous year's taxable gross income (or the amount arrived at when the amount of income taxes that were or should have been Withheld are subtracted from any occasional income, miscellaneous income, or Ad Hoc Income not falling under the category of miscellaneous income, which formed a part of Each Class of Income).
If, due to an extension of the deadline for payment under the provisions of Article 11 (Extension of Deadlines Due to Disasters or Other Reasons) of the Act on General Rules for National Taxes (referred to as an "extension of the deadline" in this paragraph), the payment deadline for a Tax Prepayment that a Resident prescribed in the preceding paragraph must pay in the first period or the second period pursuant to that paragraph falls after December 31 of that year, the Tax Prepayment related to that extension of the deadline is deemed not to exist.
In a case as referred to in paragraph (1), the amount equivalent to one-third of the Tax Prepayment calculation base which is prescribed in that paragraph is rounded down to the nearest hundred yen.
Article 105Base Date for Calculating the Tax Prepayment Calculation Base
第百五条(予定納税基準額の計算の基準日等)
If paragraph (1) of the preceding Article applies, the calculation of the Tax Prepayment calculation base is based on what has been established as of May 15 of the relevant year, and the determination as to whether a person falls under the category of a Resident is based on the person's circumstances as of June 30 of the relevant year; provided, however, that if the amount calculated based on what has been established as of any date between May 16 and July 31 of the relevant year turns out to be less than the amount calculated pursuant to the provisions of the main clause, the calculation of the Tax Prepayment calculation base is based on what has been established as of that date (or as of the day on which the amount so calculated is the smallest, if there are two or more such dates).
Article 106Notifying the Taxpayer of Tax Prepayments
第百六条(予定納税額等の通知)
The district director calculates the Tax Prepayment calculation base for a Resident that is required to make payments under Article 104, paragraph (1) (Making Tax Prepayments) based on the Resident's circumstances as of May 15 of the relevant year, and notifies the Resident via a paper-based notice by June 15 of that year (or, if as of that date the payment deadline for the Tax Prepayment that the Resident must pay in the first period has been extended or is expected to be extended pursuant to Article 11 (Extension of Deadlines Due to Disasters or Other Reasons) of the Act on General Rules for National Taxes, by the day one month before July 31 of that year (or, if that payment deadline has been extended pursuant to that Article, one month before that extended payment deadline)) of the Tax Prepayment calculation base and the Tax Prepayments that the Resident must make during the first period and the second period.
If it comes to be necessary for the tax prepayment calculation base referred to in the preceding paragraph to be calculated pursuant to the proviso to the preceding Article, the district tax office director must notify the Resident referred to in that paragraph of this via a paper-based notice.
Notice under the preceding two paragraphs is issued by the district director that has received a Tax Return for the previous year's income taxes from a Resident that is required to make payments under Article 104, paragraph (1), or by the district director that has made a determination on the income taxes (or by the district director prescribed by Cabinet Order, if the locality in which the Resident pays the income taxes changes subsequently).
The district director prescribed in the preceding paragraph is not required to give notice under paragraphs (1) and (2), notwithstanding those provisions, if the provisions of Article 104, paragraph (2) apply to the Tax Prepayment that the Resident referred to in paragraph (1) must pay in the first period pursuant to paragraph (1) of that Article.
Subsection 2 Special Provisions on Estimated Tax Payable for Special Farming Income Earners
第二款 特別農業所得者の予定納税の特例
Article 107Tax Prepayments by Special Farming Income Earners
第百七条(特別農業所得者の予定納税額の納付)
If the tax prepayment calculation base is 150,000 yen or more, a Resident as follows must pay income taxes to the national government in the second term in an amount equivalent to half of the tax prepayment calculation base:
a Resident that was a Special Farming Income Earner in the previous year;
a Resident that has had the expectation of becoming a Special Farming Income Earner during the relevant year acknowledged by the district tax office director pursuant to the provisions of Article 110 (Application for Acknowledgment as a Special Farming Income Earner).
If, due to an extension of the deadline for payment under the provisions of Article 11 (Extension of Deadlines Due to Disasters or Other Reasons) of the Act on General Rules for National Taxes (referred to as an "extension of the deadline" in this paragraph), the payment deadline for a Tax Prepayment that a Resident prescribed in the preceding paragraph must pay in the second period pursuant to that paragraph falls after December 31 of that year, the Tax Prepayment related to that extension of the deadline is deemed not to exist.
In a case as referred to in paragraph (1), the amount equivalent to one-half of the Tax Prepayment calculation base prescribed in that paragraph is rounded down to the nearest hundred yen.
第百八条(特別農業所得者に係る予定納税基準額の計算の基準日等)
In a case to which paragraph (1) of the preceding Article applies, the determination as to whether a person falls under the category of a Special Farming Income Earner is based on what has been established as of May 1 of the relevant year; the calculation of the Tax Prepayment calculation base is based on what has been established as of September 15 of the relevant year; and the determination as to whether the person falls under the category of a Resident is based on the person's circumstances as of October 31 of a given year; provided, however, that if the amount calculated based on what has been established as of any date between September 16 and November 30 of a given year proves to be less than the amount calculated pursuant to the provisions of the main clause, the calculation of the Tax Prepayment calculation base is based on what has been established as of that date (or as of the day on which the amount so calculated is the smallest, if there are two or more such dates).
Article 109Notifying Special Farming Income Earners of Tax Prepayments
第百九条(特別農業所得者に対する予定納税額等の通知)
The district director calculates the Tax Prepayment calculation base for a Resident that is required to make a payment under Article 107, paragraph (1) (Paying Tax Prepayments by Special Farming Income Earners) based on the Resident's circumstances as of September 15 of the relevant year, and notifies the Resident via a paper-based notice by October 15 of that year (or, if as of that date the payment deadline for the Tax Prepayment that the Resident must pay in the second period has been extended or is expected to be extended pursuant to Article 11 (Extension of Deadlines Due to Disasters or Other Reasons) of the Act on General Rules for National Taxes, by the day one month before November 30 of that year (or, if that payment deadline has been extended pursuant to that Article, one month before that extended payment deadline)) of the Tax Prepayment calculation base and the Tax Prepayment that the Resident must make during the second period.
If it comes to be necessary for the tax prepayment calculation base referred to in the preceding paragraph to be calculated pursuant to the proviso to the preceding Article, the district tax office director must notify the Resident referred to in that paragraph of this via a paper-based notice.
Notice under the provisions of the preceding two paragraphs is issued by the district director that has received a Tax Return for the previous year's income taxes from a Resident that is required to make a payment under Article 107, paragraph (1), or by the district director that has made a determination on the income taxes (or by the district director prescribed by Cabinet Order, if the locality in which the Resident pays the income taxes changes subsequently).
The district director prescribed in the preceding paragraph is not required to give notice under paragraphs (1) and (2), notwithstanding those provisions, if the provisions of Article 107, paragraph (2) apply to the Tax Prepayment that the Resident referred to in paragraph (1) must pay in the second period pursuant to paragraph (1) of that Article.
A Resident that was not a Special Farming Income Earner in the previous year but that is expected to become a Special Farming Income Earner in the current year based on the status thereof as of May 1 of the current year may seek to have the competent district tax office director for the locality in which the Resident pays taxes acknowledge that expectation.
A Resident seeking the acknowledgment referred to in the preceding paragraph must submit a paper-based application giving the grounds for expecting that the Resident will be a Special Farming Income Earner in that year and giving the information prescribed by Ministry of Finance Order, to the competent district tax office director for the locality in which the Resident pays taxes, by May 15 of the relevant year.
Following the submission of a paper-based application as referred to in the preceding paragraph, the district tax office director must notify the applicant via a paper-based notice upon approval or denial of the application. This being the case, the district tax office director must give additional information as to the reason when notifying the applicant of a denial.
税務署長は、前項の申請書の提出があつた場合において、承認又は却下の処分をするときは、その申請者に対し、書面によりその旨を通知する。この場合において、却下の処分の通知をするときは、その理由を附記しなければならない。
If the provisions of paragraph (1) apply, the determination as to whether a person was or was not a Special Farming Income Earner in the previous year is based on what has been established as of May 1 of the relevant year.
Subsection 3 Reduction of Tax Prepayments
第三款 予定納税額の減額
Article 111Applying for Approval for a Reduction of Tax Prepayments
第百十一条(予定納税額の減額の承認の申請)
If the estimated tax due on filing that is based on a Resident's circumstances as of June 30 of a given year is expected to be less than the tax prepayment calculation base, a Resident that is required to make payments under the provisions of Article 104, paragraph (1) (Paying Tax Prepayments) may apply to the competent district tax office director for the locality in which the Resident pays taxes for approval for a reduction of the Tax Prepayments that the Resident is required to pay during the first term and the second term, by July 15 of that year.
If the estimated tax due on filing based on a Resident's circumstances as of October 31 of a given year is expected to be less than the amount set forth in one of the following items, the Resident set forth in that item may apply to the competent district tax office director for the locality in which the Resident pays taxes for approval for a reduction of the Tax Prepayment that the Resident is required to pay during the second term, by November 15 of that year:
a Resident that is required to make payments under Article 104, paragraph (1):the tax prepayment calculation base (or the estimated tax due on filing subject to the approval referred to in that paragraph, if the Resident has received it);
a Resident that is required to make a payment under the provisions of Article 107, paragraph (1) (Tax Prepayments by Special Farming Income Earners):the tax prepayment calculation base.
If a paper-based notice from the district tax office director as under Article 106, paragraph (1) (Notifying the Taxpayer of Tax Prepayments) is not issued by June 15 of a given year or if a paper-based notice from the district tax office director as under Article 109, paragraph (1) (Notifying Special Farming Income Earners of Tax Prepayments) is not issued by October 15 of a given year, the deadline for filing an application as referred to in the preceding two paragraphs is to be extended to the day calculated as marking one month's time since the date of issuance of the paper-based notice.
The estimated tax due on filing as prescribed in paragraph (1) and paragraph (2) means the amount calculated pursuant to Cabinet Order as the amount arrived at when the estimated amount of income taxes that will be Withheld for Each Class of Income that has been used as the basis for estimating the year's taxable gross income is deducted from the amount of income taxes calculated when Chapter III (Calculating the Amount of Taxes) is applied to an estimate of the year's taxable gross income and taxable timber income.
Article 112Process of Applying for Approval for a Reduction of Tax Prepayments
第百十二条(予定納税額の減額の承認の申請手続)
A Resident seeking to file an application as under paragraph (1) or paragraph (2) of the preceding Article must submit a paper-based application to the competent district tax office director for the locality in which the Resident pays taxes, indicating the estimated tax due on filing prescribed in those provisions, indicating the reason for the application, and giving the information prescribed by Ministry of Finance Order.
The paper-based application referred to in the preceding paragraph must be accompanied by documents giving the facts used as the basis for calculating the estimated tax due on filing referred to in that paragraph, based on transaction records and other such sources.
Article 113Reaching of Dispositions on Applications for Approval for a Reduction of Tax Prepayments
第百十三条(予定納税額の減額の承認の申請に対する処分)
When a paper-based application referred to in paragraph (1) of the preceding Article is submitted, the district tax office director undertakes an examination and either verifies the estimated tax due on filing provided for in that paragraph which is indicated in the application (hereinafter referred to as the "estimated tax due on filing" in this Article) or establishes the estimated tax due on filing; following which the director either gives the approval referred to in Article 111, paragraph (1) or paragraph (2) (Applying for Approval for a Reduction of Tax Prepayments) or denies the application.
If a paper-based application referred to in paragraph (1) of the preceding Article is submitted and falls under one of the following items, the district tax office director must give the approval referred to in the preceding paragraph:
it is found that, because of damage arising from a full or partial business discontinuation, suspension, or conversion; from unemployment, Disaster, robbery, or misappropriation; or from the payment of medical expenses prescribed in Article 73, paragraph (2) (Significance of Medical Expenses) by the base date indicated in the application for calculating the estimated tax due on filing, the estimated tax due on filing based on the Resident's circumstances as of that base date will not reach the tax prepayment calculation base or estimated tax due on filing which has been used as the basis for calculating the Tax Prepayments that would be reduced pursuant to the approval;
in a case other than as set forth in the preceding item, if it is found that the estimated tax due on filing based on the Resident's circumstances as of the base date indicated in the application for calculating the estimated tax due on filing will constitute an amount equivalent to or less than 70% of the tax prepayment calculation base or the estimated tax due on filing that has been used as the basis for calculating the Tax Prepayments that would be reduced pursuant to the approval.
Having reached a disposition as referred to in paragraph (1), the district tax office director must either notify the Resident that submitted the paper-based application referred to in that paragraph of the estimated tax due on filing that the director has verified and of the Tax Prepayments calculated based on that estimated tax due on filing; notify the Resident of the estimated tax due on filing that the director has established and of the Tax Prepayments calculated based on that estimated tax due on filing and inform the Resident of the reason therefor; or notify the Resident that the application is denied and inform the Resident of the reason therefor.
If the approval referred to in paragraph (1) is given based on the filing of an application under Article 111, paragraph (1) or paragraph (2), item (ii) but the estimated tax due on filing of which the Resident is notified pursuant to the preceding paragraph comes to exceed the tax prepayment calculation base calculated pursuant to the provisions of the proviso to Article 105 (Special Provisions on Calculating Tax Prepayment Calculation Base) or the proviso to Article 108 (Special Provisions on Calculating Tax Prepayment Calculation Base for Special Farming Income Earners), that approval is deemed not to have been given.
Article 114Special Provisions on Tax Prepayments When a Reduction Has Been Approved
第百十四条(予定納税額の減額の承認があつた場合の予定納税額の特例)
If a Resident filing an application under Article 111, paragraph (1) (Applying for Approval for a Reduction of Tax Prepayments) receives the approval referred to in that paragraph, the Tax Prepayments that the Resident is required to make against the relevant year's income taxes during the first term and the second term pursuant to the provisions of Article 104, paragraph (1) (Making Tax Prepayments) are amounts equivalent to one-third of the estimated tax due on filing of which the district tax office director giving approval pursuant to paragraph (3) of the preceding Article has notified the Resident.
If a Resident set forth in Article 111, paragraph (2), item (i) filing an application as under Article 111, paragraph (2) receives the approval referred to in that paragraph, the Tax Prepayment that the Resident is required to make against the relevant year's income taxes during the second term pursuant to the provisions of Article 104, paragraph (1) is an amount equivalent to one-half of the amount arrived at when the Tax Prepayment that the Resident is required to make during the first term pursuant to the provisions of Article 104, paragraph (1) is deducted from the estimated tax due on filing of which the district tax office director giving approval pursuant to paragraph (3) of the preceding Article has notified the Resident.
If a Resident set forth in Article 111, paragraph (2), item (ii) filing an application as under the provisions of Article 111, paragraph (2) receives the approval referred to in that paragraph, the Tax Prepayment that the Resident is required to make against the relevant year's income taxes during the second term pursuant to the provisions of Article 107, paragraph (1) (Tax Prepayments by Special Farming Income Earners) is an amount equivalent to one-half of the estimated tax due on filing of which the district tax office director giving approval pursuant to the provisions of paragraph (3) of the preceding Article has notified the Resident.
In a case as referred to in the preceding three paragraphs, any Tax Prepayment under those provisions is rounded down to the nearest hundred yen, and if the estimated tax due on filing provided for in those provisions is less than 150,000 yen, the Resident is not subject to any Tax Prepayment under those provisions.
Subsection 4 Special Provisions on Making and Collecting Tax Prepayments
第四款 予定納税額の納付及び徴収に関する特例
第百十五条(出国をする場合の予定納税額の納期限の特例)
Notwithstanding the provisions of Article 104, paragraph (1) (Making Tax Prepayments) and Article 107, paragraph (1) (Tax Prepayments by Special Farming Income Earners), if a Resident that is required to make a Tax Prepayment pursuant to those provisions will become Absent From Japan prior to the payment deadline prescribed in those provisions, the Resident must pay income taxes to the national government in an amount equivalent to any Tax Prepayment with a deadline falling after the start of the Resident's Absence From Japan, by the start of the Resident's Absence From Japan.
Article 116Special Provisions on Demands for Tax Prepayments
第百十六条(予定納税額に対する督促の特例)
If the district tax office director fails to issue a paper-based notice pursuant to Article 106, paragraph (1) (Notifying the Taxpayer of Tax Prepayments) by one month prior to the payment deadline for a Tax Prepayment that a taxpayer is required to make pursuant to Article 104, paragraph (1) (Making Tax Prepayments) or fails to issue a paper-based notice pursuant to Article 109, paragraph (1) (Notifying Special Farming Income Earners of Tax Prepayments) by one month prior to the payment deadline for a Tax Prepayment that a taxpayer is required to make pursuant to Article 107, paragraph (1) (Tax Prepayments by Special Farming Income Earners) (other than a Tax Prepayment that the taxpayer is required to make pursuant to the preceding Article; hereinafter the same applies in this Article), the district tax office director may not issue a demand as under Article 37 (Demand for Payment) of the Act on General Rules for National Taxes for the taxpayer to make the Tax Prepayment that the taxpayer is required to make pursuant to either of the aforementioned provisions until the day calculated as marking one month's time since the date of issuance of the paper-based notice.
Article 117Special Provisions on Measures to Collect Arrears of Tax Prepayments
第百十七条(予定納税額の滞納処分の特例)
Even if a Tax Prepayment (including a tax on delinquency levied against a Tax Prepayment) becomes subject to measures to collect arrears, the property of the taxpayer is not subject to a realization of assets under measures to collect arrears until that year's income tax Filing Deadline (or until the day on which any refund under Article 138, paragraph (1) (Refunding Tax Withheld) or Article 139, paragraph (1) or paragraph (2) (Refunding Prepaid Taxes) linked to the year's income taxes as of the deadline, is Appropriated to cover the arrears).
Article 118Suspending Collection of Tax Prepayments
第百十八条(予定納税額の徴収猶予)
If a paper-based application as referred to in Article 112, paragraph (1) (Process of Applying for Approval for a Reduction of Tax Prepayments) is submitted, the district tax office director may suspend collection of all or part of the Tax Prepayments to which the application pertains on finding there to be adequate grounds to do so.
Article 119Special Provisions on Taxes on Delinquency Levied against Tax Prepayments
第百十九条(予定納税額に係る延滞税の特例)
When the amount of a tax on delinquency levied against a Tax Prepayment set forth in one of the following items is calculated pursuant to the provisions of Article 60, paragraph (2) (Taxes on Delinquency) of the Act on General Rules for National Taxes, the period set forth in the relevant item is not included as part of the period that is used as the basis for the calculation, and the phrase "up until the payment deadline (or, if permission for a tax payment deferment or tax payment in kind is rescinded, up until the day on which the paper document showing the rescission is issued; hereinafter the same applies in this paragraph and Article 63, paragraph (1), paragraph (4), and paragraph (5) (Exemption from Payment of Taxes on Delinquency If a Grace Period for Tax Payment Is Granted)) or up until the day marking the last day in the two-month period following the day after the payment deadline" in that paragraph is deemed to be replaced with "up until the day marking the last day in the two-month period following the day after the last day of the period set forth in the items of Article 119 of the Income Tax Act":
any Tax Prepayment with respect to which the district tax office director fails to issue a paper-based notice under Article 106, paragraph (1) (Notifying the Taxpayer of Tax Prepayments) by one month prior to the deadline for a Tax Prepayment that the taxpayer is required to make during the first term pursuant to the provisions of Article 104, paragraph (1) (Making Tax Prepayments) (other than a Tax Prepayment that the taxpayer is required to make pursuant to the provisions of Article 115 (Special Provisions on the Deadline for Making Tax Prepayments If the Taxpayer Will Become Absent From Japan); hereinafter the same applies in this Article):the period running from the day after the payment deadline up until the day calculated as marking one month's time since the date of issuance of the paper-based notice (or up until the year's income tax Filing Deadline, if the day so calculated falls after the Filing Deadline; hereinafter the same applies in this Article);
any Tax Prepayment with respect to which the district tax office director fails to issue a paper-based notice as set forth in the preceding item by one month prior to the deadline for a Tax Prepayment that the taxpayer is required to make during the second term pursuant to the provisions of Article 104, paragraph (1):the period running from the day after the payment deadline up until the day calculated as marking one month's time since the date of issuance of the paper-based notice;
any Tax Prepayment with regard to which the district tax office director fails to issue a paper-based notice pursuant to the provisions of Article 109, paragraph (1) (Notifying Special Farming Income Earners of Tax Prepayments) by one month prior to the deadline for a Tax Prepayment that the taxpayer is required to make during the second term pursuant to the provisions of Article 107, paragraph (1) (Tax Prepayments by Special Farming Income Earners):the period running from the day after the payment deadline up until the day calculated as marking one month's time since the date of issuance of the paper-based notice.
Section 2 Filing Tax Returns and Subsequent Tax Payments and Tax Refunds
第二節 確定申告並びにこれに伴う納付及び還付
Subsection 1 Filing Tax Returns
第一款 確定申告
Article 120Filing an Income Tax Return
第百二十条(確定所得申告)
If the sum total of a Resident's gross income, retirement income, and timber income for the year exceeds the sum of any Casualty Loss deduction under Chapter II, Section 4 (Deductions from Income) and other deductions; and if the sum total of income taxes calculated when the Resident's gross income, retirement income, and timber income less the aforementioned deductions taken pursuant to Article 87, paragraph (2) (Procedures for Deductions from Income) are deemed to be the Resident's taxable gross income, taxable retirement income, and taxable timber income and Article 89 (Tax Rates) is applied, exceeds dividend tax credits (excluding the case where there is an amount of foreign tax credit that could not be fully deducted in calculating the amount of income taxes set forth in item (iii), the case where there is an amount of tax withheld prescribed in item (iv) that could not be fully deducted in calculating the amount set forth in that item, and the case where there is an amount of prepaid taxes that could not be fully deducted in calculating the amount set forth in item (v)), the Resident must file a return with the district director during the third period (meaning during the period from February 16 to March 15 of the year following the year in question; hereinafter the same applies in this Section) giving the following information, unless the Resident files a return under Article 123, paragraph (1) (Filing Tax Returns Showing Losses). In such a case, if a Resident who has a salary or other wage prescribed in Article 28, paragraph (1) (Salary Income) to be paid in that year to which the provisions of Article 190 (Year-End Adjustments) have been applied files that return, the Resident may, for the information specified by Ministry of Finance Order out of the following information, make the entries specified by Ministry of Finance Order:
居住者は、その年分の総所得金額、退職所得金額及び山林所得金額の合計額が第二章第四節(所得控除)の規定による雑損控除その他の控除の額の合計額を超える場合において、当該総所得金額、退職所得金額又は山林所得金額からこれらの控除の額を第八十七条第二項(所得控除の順序)の規定に準じて控除した後の金額をそれぞれ課税総所得金額、課税退職所得金額又は課税山林所得金額とみなして第八十九条(税率)の規定を適用して計算した場合の所得税の額の合計額が配当控除の額を超えるとき(第三号に掲げる所得税の額の計算上控除しきれなかつた外国税額控除の額がある場合、第四号に掲げる金額の計算上控除しきれなかつた同号に規定する源泉徴収税額がある場合又は第五号に掲げる金額の計算上控除しきれなかつた予納税額がある場合を除く。)は、第百二十三条第一項(確定損失申告)の規定による申告書を提出する場合を除き、第三期(その年の翌年二月十六日から三月十五日までの期間をいう。以下この節において同じ。)において、税務署長に対し、次に掲げる事項を記載した申告書を提出しなければならない。この場合において、その年において支払を受けるべき第二十八条第一項(給与所得)に規定する給与等で第百九十条(年末調整)の規定の適用を受けたものを有する居住者が、当該申告書を提出するときは、次に掲げる事項のうち財務省令で定めるものについては、財務省令で定める記載によることができる。
the gross income, retirement income, and timber income for the year; the casualty loss deduction as under Chapter II, Section 4 and other deductions; and the taxable gross income, taxable retirement income, and taxable timber income or Net Loss for the year;
その年分の総所得金額、退職所得金額及び山林所得金額並びに第二章第四節の規定による雑損控除その他の控除の額並びに課税総所得金額、課税退職所得金額及び課税山林所得金額又は純損失の金額
if the Resident is applying Article 90, paragraph (1) (Averaging Taxation on Fluctuating Income and Ad Hoc Income), the Fluctuating Income and Ad Hoc Income and the average taxable amount prescribed in paragraph (3) of that Article for the year;
the income taxes calculated when Chapter III (Calculating the Amount of Taxes) is applied for the taxable gross income, taxable retirement income, and taxable timber income set forth in item (i);
第一号に掲げる課税総所得金額、課税退職所得金額及び課税山林所得金額につき第三章(税額の計算)の規定を適用して計算した所得税の額
the income taxes set forth in the preceding item less any income taxes that have been or will be collected through withholding from Each Class of Income that is used as the basis for calculating gross income and retirement income or Net Loss as set forth in item (i) (or the income taxes that have been or will be so collected less any part thereof that constitutes an amount to be refunded based on the Resident's having filed a return as under Article 127, paragraphs (1) through (3) (Filing a Tax Return If the Taxpayer Will Become Absent From Japan Partway Through the Year) or based on the income tax connected with that return having been subject to a Reassessment; and less any part thereof that constitutes an amount prescribed by Cabinet Order; hereinafter referred to as the "amount of tax withheld" in this item and the following item);
the amount arrived at when any prepaid taxes for the year are deducted from the amount of income taxes set forth in item (iii) (or from the amount set forth in the preceding item, if there is any amount of tax withheld);
Income in Each Class that was used as the basis for calculating the gross income set forth in item (i) which constitutes capital gains, occasional income, miscellaneous income, Fluctuating Income not falling under the category of miscellaneous income, or Ad Hoc Income not falling under the category of miscellaneous income, and the income taxes that were or should be Withheld from occasional income, miscellaneous income, or Ad Hoc Income not falling under the category of miscellaneous income;
an indication that the person is a Special Farming Income Earner in the year, if this is the case;
その年において特別農業所得者である場合には、その旨
the basis for calculating the amounts set forth in items (i) through (vi), and any information prescribed by Ministry of Finance Order.
第一号から第六号までに掲げる金額の計算の基礎その他財務省令で定める事項
The prepaid taxes as prescribed in the preceding paragraph means the sum total of the following tax amounts (or the sum total of the following tax amounts less any part of those amounts that constitutes an amount to be refunded based on the taxpayer's having filed a return as under Article 127, paragraphs (1) through (3) or based on the income taxes connected with such a return having been subject to a Reassessment):
前項に規定する予納税額とは、次に掲げる税額の合計額(当該税額のうちに、第百二十七条第一項から第三項までの規定による申告書を提出したことにより、又は当該申告書に係る所得税につき更正を受けたことにより還付される金額がある場合には、当該金額を控除した金額)をいう。
the income taxes that have been or are required to be paid for the year, pursuant to the provisions of Article 130 (Payment upon Filing If the Taxpayer Will Be Absent From Japan) or Article 35, paragraph (2) (Payment When Filing After the Deadline) of the Act on General Rules for National Taxes, due to the taxpayer's falling under the provisions of Article 127, paragraph (1).
その年において第百二十七条第一項の規定に該当して、第百三十条(出国の場合の確定申告による納付)又は国税通則法第三十五条第二項(期限後申告等による納付)の規定により納付した又は納付すべき所得税の額
If filing a return under paragraph (1), a Resident as set forth in one of the following items must include the document that the item prescribes with that return or submit it at the time of filing the return, as prescribed by Cabinet Order:
a Resident making an entry for a Casualty Loss deduction, social insurance premium deduction (but only one for social insurance premiums as set forth in Article 74, paragraph (2), item (v) (Social Insurance Premium Deduction)), deduction for small enterprise-based mutual aid premiums and similar payments, life insurance premium deduction, earthquake insurance premium deduction, or donation deduction in a return under paragraph (1): a document evidencing particulars such as the amount used as the basis for calculating the amount of the deduction that the Resident is taking;
第一項の規定による申告書に雑損控除、社会保険料控除(第七十四条第二項第五号(社会保険料控除)に掲げる社会保険料に係るものに限る。)、小規模企業共済等掛金控除、生命保険料控除、地震保険料控除又は寄附金控除に関する事項の記載をする居住者 これらの控除を受ける金額の計算の基礎となる金額その他の事項を証する書類
a Resident making an entry, in a return under paragraph (1), for a disability deduction, spousal deduction, or special spousal deduction relating to a relative who is a Nonresident according to the circumstances at the time of the determination under Article 85, paragraph (2) or (3) (Time of Determination of Dependents and Similar Persons): a document evidencing that the relative who is a Nonresident related to those deductions falls under the category of a relative of the Resident, and a document making it clear that the living expenses of that relative who is a Nonresident are paid from the same resources as the Resident;
a Resident making an entry, in a return under paragraph (1), for a deduction for Dependents or special deduction for specified relatives relating to a relative who is a Nonresident according to the circumstances at the time of the determination under Article 85, paragraph (3): a document evidencing that the relative who is a Nonresident related to those deductions falls under the category of a relative of the Resident, a document making it clear that the living expenses of that relative who is a Nonresident are paid from the same resources as the Resident, and, if that relative who is a Nonresident is 30 years of age or older but younger than 70 (excluding the case where that relative who is a Nonresident is a Person with a Disability), a document evidencing that the relative falls under the category of a person set forth in Article 2, paragraph (1), item (xxxiv)-2, (b)(1) (Definitions) or a document making it clear that the relative falls under the category of a person set forth in (b)(3) of that item;
a Resident making an entry for a working student deduction as a person set forth in Article 2, paragraph (1), item (xxxii), (b) or (c) in a return under paragraph (1): a document evidencing that the Resident falls under that category of person.
第一項の規定による申告書に、第二条第一項第三十二号ロ又はハに掲げる者に係る勤労学生控除に関する事項の記載をする居住者 これらの者に該当する旨を証する書類
If a Resident making an entry for a medical expenses deduction in a return under paragraph (1) files that return, the Resident must attach the following documents to that return:
a detailed statement giving the amount of medical expenses prescribed in Article 73, paragraph (2) (Medical Expenses Deduction) (referred to as "medical expenses" in the following paragraph) that forms the basis for calculating the amount of the medical expenses deduction to be taken as stated in the return, and other matters specified by Ministry of Finance Order (referred to as the "amount of medical expenses claimed and related details" in this paragraph) (excluding, if the document set forth in the following item is attached to the return, the amount of medical expenses claimed and related details stated in that document);
a document specified by Ministry of Finance Order as a document by which an insurer prescribed in Article 7, paragraph (2) (Definitions) of the Act on Assurance of Medical Care for Elderly People, a wide-area union for latter-stage elderly medical care prescribed in Article 48 (Establishment of Wide-Area Unions) of that Act, the Social Insurance Medical Fee Payment Fund, or a federation of national health insurance associations prescribed in Article 45, paragraph (5) (Medical Fees for Insurance Medical Institutions) of the National Health Insurance Act gives notice of the amount of medical expenses paid by the Resident, which states the amount of medical expenses claimed and related details.
高齢者の医療の確保に関する法律第七条第二項(定義)に規定する保険者若しくは同法第四十八条(広域連合の設立)に規定する後期高齢者医療広域連合又は社会保険診療報酬支払基金若しくは国民健康保険法第四十五条第五項(保険医療機関等の診療報酬)に規定する国民健康保険団体連合会の当該居住者が支払つた医療費の額を通知する書類として財務省令で定める書類で、控除適用医療費の額等の記載があるもの
If a return referred to in the preceding paragraph has been filed, the district director may, when the district director finds it necessary, request the person who filed the return (referred to as a "person claiming the medical expense deduction" in this paragraph) to present or submit documents by which the persons who received the medical expenses stated in the document set forth in item (i) of the preceding paragraph evidence that receipt, until the day on which five years have elapsed from the day following the Filing Deadline for that return (or, if a request for Reassessment under Article 23, paragraph (1) (Request for Reassessment) of the Act on General Rules for National Taxes has been made within six months before that day, the day on which six months have elapsed from the day on which that request for Reassessment was made). In such a case, if a request under the first sentence of this paragraph has been made, the person claiming the medical expense deduction must present or submit those documents.
税務署長は、前項の申告書の提出があつた場合において、必要があると認めるときは、当該申告書を提出した者(以下この項において「医療費控除適用者」という。)に対し、当該申告書に係る確定申告期限の翌日から起算して五年を経過する日(同日前六月以内に国税通則法第二十三条第一項(更正の請求)の規定による更正の請求があつた場合には、当該更正の請求があつた日から六月を経過する日)までの間、前項第一号に掲げる書類に記載された医療費につきこれを領収した者のその領収を証する書類の提示又は提出を求めることができる。この場合において、この項前段の規定による求めがあつたときは、当該医療費控除適用者は、当該書類を提示し、又は提出しなければならない。
If a Resident conducting business that is meant to generate real property income, business income, or timber income in the relevant year files a return pursuant to paragraph (1) (unless the return is a Blue Return), or if a Resident conducting business that is meant to generate miscellaneous income in the relevant year whose amount of revenue from that business for the year before the previous year exceeds 10,000,000 yen files a return pursuant to that paragraph, the Resident must include a document that indicates the gross revenue for the year arising from those types of income and the details of the necessary expenses with the return, pursuant to Ministry of Finance Order.
If filing a return under paragraph (1), a Resident that was a Non-Permanent Resident for any part of the year must include a document giving the nationality thereof, the period during which the Resident was domiciled or resided in Japan, and any other information prescribed by Ministry of Finance Order, with the return.
Article 121When Filing an Income Tax Return Is Not Required
第百二十一条(確定所得申告を要しない場合)
Notwithstanding paragraph (1) of the preceding Article, if a Resident who has salary income for the year and who is to be paid a salary or other wage as prescribed in Article 28, paragraph (1) (Salary Income) (hereinafter referred to as a "salary or other wage" in this paragraph) amounting to 20,000,000 yen or less in the year falls under one of the following items, that Resident is not required to file a return pursuant to paragraph (1) of the preceding Article as regards income taxes on taxable gross income and taxable timber income for the year; provided, however, that this does not apply if the Resident makes available real property or other assets for use in the business of the person paying the salary or other wage constituting the Resident's salary income and is paid a consideration for this, nor does it apply in any other case prescribed by Cabinet Order:
the Resident's is paid the salary or other wage by a single person; all of the salary or other wage has been or is required to be subject to the withholding of income taxes as under Article 183 (Obligation to Withhold Taxes from Salary Income) or Article 190 (Year-End Adjustments); and the sum total of the Resident's interest income, dividend income, real property income, business income, timber income, capital gains, occasional income, and miscellaneous income (hereinafter referred to as the "income other than salary income and retirement income" in this paragraph) for the year is 200,000 yen or less;
the Resident is paid the salary or other wage by two or more persons; all of the salary or other wage has been or is required to be subject to the withholding of income taxes as under Article 183 or Article 190; and the Resident falls under either (a) or (b):
the sum total of the salary or other wage constituting salary income for the year which the Resident is paid by the person paying a secondary salary or other wage as prescribed in Article 195, paragraph (1) (Return for Deduction for Dependents, etc. Regarding Secondary Salaries) and the Resident's income other than salary income and retirement income for the year is 200,000 yen or less;
第百九十五条第一項(従たる給与についての扶養控除等申告書)に規定する従たる給与等の支払者から支払を受けるその年分の給与所得に係る給与等の金額とその年分の給与所得及び退職所得以外の所得金額との合計額が二十万円以下であるとき。
the salary or other wage constituting the Resident's salary income for the year is not more than the sum total of 1,500,000 yen and the amount of the social insurance premium deduction, deduction for small enterprise-based mutual aid premiums and similar payments, life insurance premium deduction, earthquake insurance premium deduction, disability deduction, widow deduction, single parent deduction, working student deduction, spousal deduction, special spousal deduction, deduction for Dependents, and special deduction for specified relatives; and income other than salary income and retirement income for the year is 200,000 yen or less, other than in a case that falls under (a).
イに該当する場合を除き、その年分の給与所得に係る給与等の金額が百五十万円と社会保険料控除の額、小規模企業共済等掛金控除の額、生命保険料控除の額、地震保険料控除の額、障害者控除の額、寡婦控除の額、ひとり親控除の額、勤労学生控除の額、配偶者控除の額、配偶者特別控除の額、扶養控除の額及び特定親族特別控除の額との合計額以下で、かつ、その年分の給与所得及び退職所得以外の所得金額が二十万円以下であるとき。
Notwithstanding paragraph (1) of the preceding Article, if a Resident who has retirement income for the year falls under one of the following items, the Resident is not required to file a return under paragraph (1) of the preceding Article for income taxes on taxable retirement income for the year:
all of the Resident's severance pay or other such compensation as prescribed in Article 30, paragraph (1) (Retirement Income) (hereinafter referred to as "severance pay or other such compensation" in this paragraph) which constitutes retirement income for the year has been or is required to be subject to the withholding of income taxes pursuant to the provisions of Article 199 (Obligation to Withhold Taxes from Retirement Income) or Article 201, paragraph (1) (Tax Withheld from Retirement Income);
the amount of income taxes calculated when Article 89 (Tax Rates) is applied for the year's taxable retirement income is not more than the amount of income taxes that have been or are required to be Withheld from the severance pay or other such compensation that constitutes retirement income for the year, other than in a case that falls under the preceding item.
If a Resident who has miscellaneous income from public pensions or retirement packages as prescribed in Article 35, paragraph (3) (Miscellaneous Income) (hereinafter referred to as "public pensions or retirement packages" in this Article) in the year, and whose revenue from public pensions or retirement packages during the year is four million yen or less, has had or is required to have income tax collected pursuant to the provisions of Article 203-2 (Obligation to Withhold Tax on Public Pensions or Retirement Packages) on all of those public pensions or retirement packages (excluding those to which the provisions of Article 203-7 (Public Pensions or Retirement Packages Not Subject to Withholding) apply), and the Resident's income for the year other than miscellaneous income from public pensions or retirement packages (meaning the sum total of the amounts of interest income, dividend income, real property income, business income, salary income, timber income, capital gains, occasional income, and miscellaneous income other than miscellaneous income from public pensions or retirement packages) is 200,000 yen or less, the Resident is not required to file a return under paragraph (1) of the preceding Article for the income taxes on the taxable gross income or taxable timber income for the year, notwithstanding the provisions of that paragraph.
その年において第三十五条第三項(雑所得)に規定する公的年金等(以下この条において「公的年金等」という。)に係る雑所得を有する居住者で、その年中の公的年金等の収入金額が四百万円以下であるものが、その公的年金等の全部(第二百三条の七(源泉徴収を要しない公的年金等)の規定の適用を受けるものを除く。)について第二百三条の二(公的年金等に係る源泉徴収義務)の規定による所得税の徴収をされた又はされるべき場合において、その年分の公的年金等に係る雑所得以外の所得金額(利子所得の金額、配当所得の金額、不動産所得の金額、事業所得の金額、給与所得の金額、山林所得の金額、譲渡所得の金額、一時所得の金額及び公的年金等に係る雑所得以外の雑所得の金額の合計額をいう。)が二十万円以下であるときは、前条第一項の規定にかかわらず、その年分の課税総所得金額又は課税山林所得金額に係る所得税については、同項の規定による申告書を提出することを要しない。
Article 122Filing a Return to Receive a Refund
第百二十二条(還付等を受けるための申告)
If an amount set forth in any of items (i) through (iii) arises in connection with a Resident's income tax for the year, the Resident may file a return with the district director, giving the information set forth in the items of Article 120, paragraph (1) (Filing Income Tax Returns) as well as the following information, to receive a refund pursuant to the provisions of Article 138, paragraph (1) (Refunding Tax Withheld) or Article 139, paragraph (1) or paragraph (2) (Refunding Prepaid Taxes), unless the Resident is permitted to file a return under paragraph (1) of the following Article:
any part of a foreign tax credit that is not fully offset during the calculation of the amount of income taxes set forth in Article 120, paragraph (1), item (iii);
第百二十条第一項第三号に掲げる所得税の額の計算上控除しきれなかつた外国税額控除の額がある場合には、その控除しきれなかつた金額
any part of the tax withheld as prescribed in Article 120, paragraph (1), item (iv) that is not fully offset when the amount set forth in that item is calculated;
第百二十条第一項第四号に掲げる金額の計算上控除しきれなかつた同号に規定する源泉徴収税額がある場合には、その控除しきれなかつた金額
any part of the prepaid taxes as prescribed in Article 120, paragraph (2) that is not fully offset when the amount set forth in Article 120, paragraph (1), item (v) is calculated;
第百二十条第一項第五号に掲げる金額の計算上控除しきれなかつた同条第二項に規定する予納税額がある場合には、その控除しきれなかつた金額
the bases for calculating the amounts set forth in the preceding three items, and the information that Ministry of Finance Order prescribes.
前三号に掲げる金額の計算の基礎その他財務省令で定める事項
Even if the circumstances do not constitute a case in which a Resident is required to file a return under Article 120, paragraph (1) or is permitted to file a return under the preceding paragraph or paragraph (1) of the following Article, if it is necessary for the Resident to do so in order to apply Article 95, paragraph (2) or paragraph (3) (Foreign Tax Credit) to income taxes in or after the subsequent year, the Resident may file a return with the district director, giving the information set forth in the items of Article 120, paragraph (1).
The provisions of the second sentence of Article 120, paragraph (1) apply mutatis mutandis to the information to be given in a return under the preceding two paragraphs, and the provisions of paragraphs (3) through (7) of that Article apply mutatis mutandis to the filing of a return under the preceding two paragraphs. In such a case, the term "Filing Deadline" in paragraph (5) of that Article is deemed to be replaced with "Filing Deadline (or the day on which the return is filed, if the return is a return of refund claim as prescribed in Article 61, paragraph (1), item (ii) (Special Provisions for Base Period for Calculation of Amount of Delinquent Tax) of the Act on General Rules for National Taxes)", and the term "Act on General Rules for National Taxes" is deemed to be replaced with "that Act".
Article 123Filing Tax Returns Showing Losses
第百二十三条(確定損失申告)
In a case falling under one of the following items, if a Resident seeks to apply the provisions of Article 70, paragraph (1) or paragraph (2) (Deduction for Carryover of Net Loss) or Article 71, paragraph (1) (Deduction for Carryover of Casualty Loss), or to receive a refund as under Article 142, paragraph (2) (Procedures for Issuing Refunds Based on Carryback of Net Loss) in or after the year following the relevant year, the Resident may file a return with the district director in the third period, giving the information set forth in the items of the following paragraph:
if the Casualty Loss incurred in the year exceeds the sum total of the Resident's gross income, retirement income, and timber income for the year;
その年において生じた雑損失の金額がその年分の総所得金額、退職所得金額及び山林所得金額の合計額を超える場合
if the sum total of the Net Loss and Casualty Loss that were incurred in any of the three years prior to the relevant year (or in any of the five years prior to the relevant year, if the provisions of Article 70-2, paragraphs (1) through (3) (Special Provisions on Deduction for Carryover of Net Loss Related to Specified Extraordinary Disasters) or Article 71-2, paragraph (1) (Special Provisions on Deduction for Carryover of Casualty Loss Related to Specified Extraordinary Disasters) apply; the same applies in item (ii) of the following paragraph) (this excludes any amount deducted in or prior to the previous year pursuant to the provisions of Article 70, paragraph (1) or paragraph (2) or Article 71, paragraph (1), and excludes any amount used as the basis for calculating the amount to be refunded pursuant to the provisions of Article 142, paragraph (2); the same applies in that item) exceeds the sum total of the Resident's gross income, retirement income, and timber income for the year, as calculated without deducting any such Net Loss or Casualty Loss.
その年の前年以前三年内(第七十条の二第一項から第三項まで(特定非常災害に係る純損失の繰越控除の特例)又は第七十一条の二第一項(特定非常災害に係る雑損失の繰越控除の特例)の規定の適用がある場合には、前年以前五年内。次項第二号において同じ。)の各年において生じた純損失の金額及び雑損失の金額(第七十条第一項若しくは第二項又は第七十一条第一項の規定により前年以前において控除されたもの及び第百四十二条第二項の規定により還付を受けるべき金額の計算の基礎となつたものを除く。同号において同じ。)の合計額が、これらの金額を控除しないで計算した場合のその年分の総所得金額、退職所得金額及び山林所得金額の合計額を超える場合
The information that must be given in a return under the preceding paragraph is:
前項の規定による申告書の記載事項は、次に掲げる事項とする。
the amounts of the Net Loss and Casualty Losses incurred in the year;
the amounts of the Net Loss and Casualty Losses incurred in any of the three years prior to the relevant year;
the sum total of the Resident's gross income, retirement income, and timber income for the year, if the Resident incurred a Casualty Loss in the year;
その年において生じた雑損失の金額がある場合には、その年分の総所得金額、退職所得金額及び山林所得金額の合計額
the sum total of the Resident's gross income, retirement income, and timber income for the year, calculated without deducting any Net Loss or Casualty Loss as set forth in item (ii);
the Net Loss and Casualty Loss that may be deducted in the calculation of the amount of gross income, retirement income, and timber income in or after the year following the relevant year, pursuant to Article 70, paragraph (1) or paragraph (2) or Article 71, paragraph (1);
any amount to be deducted in the year pursuant to the provisions of Article 95 (Foreign Tax Credit);
その年において第九十五条(外国税額控除)の規定による控除をされるべき金額がある場合には、当該金額
any amount of tax withheld as prescribed in Article 120, paragraph (1), item (iv) (Filing Income Tax Returns) from Each Class of Income that has been used as the basis for calculating the Net Loss as set forth in item (i) or for calculating the Resident's gross income or retirement income as set forth in item (iii) or item (iv);
any prepaid taxes as prescribed in Article 120, paragraph (2) for the year;
その年分の第百二十条第二項に規定する予納税額がある場合には、当該予納税額
the bases for calculating the amounts set forth in items (i) through (v), and the information that Ministry of Finance Order prescribes.
第一号から第五号までに掲げる金額の計算の基礎その他財務省令で定める事項
The provisions of Article 120, paragraphs (3) through (7) apply mutatis mutandis to the filing of a return under paragraph (1). In such a case, the term "Filing Deadline" in paragraph (5) of that Article is deemed to be replaced with "Filing Deadline (or the day on which the return is filed, if the return is a return of refund claim as prescribed in Article 61, paragraph (1), item (ii) (Special Provisions for Base Period for Calculation of Amount of Delinquent Tax) of the Act on General Rules for National Taxes)", and the term "Act on General Rules for National Taxes" is deemed to be replaced with "that Act".
第百二十条第三項から第七項までの規定は、第一項の規定による申告書の提出について準用する。この場合において、同条第五項中「確定申告期限」とあるのは「確定申告期限(当該申告書が国税通則法第六十一条第一項第二号(延滞税の額の計算の基礎となる期間の特例)に規定する還付請求申告書である場合には、当該申告書の提出があつた日)」と、「国税通則法」とあるのは「同法」と読み替えるものとする。
Subsection 2 Filing a Tax Return in the Event of the Taxpayer's Death or Absence From Japan
第二款 死亡又は出国の場合の確定申告
Article 124Filing a Tax Return If the Person Required to File Has Died
第百二十四条(確定申告書を提出すべき者等が死亡した場合の確定申告)
If a Resident who is required to file a return under Article 120, paragraph (1) (Filing Income Tax Returns) dies between January 1 of the year following the relevant year and the deadline for filing that year's return without having filed that return, unless the Resident's heir files a return under the following paragraph, the heir must file the return with the district tax office director by the day before that which marks four months' time since the day after the heir learns of the commencement of the succession (or by the start of the heir's Absence From Japan, if the heir becomes Absent From Japan prior to that date; hereinafter the same applies in this Article), as prescribed by Cabinet Order.
If a Resident who may file a return pursuant to paragraph (1) of the preceding Article dies between January 1 of the year following the relevant year and the deadline for filing that year's return without having filed a return, the Resident's heir may file the return with the district tax office director by the day before that which marks four months' time since the day after the heir learns of the commencement of the succession, as provided by Cabinet Order.
Article 125Filing a Tax Return If the Taxpayer Has Died Partway Through the Year
第百二十五条(年の中途で死亡した場合の確定申告)
If the circumstances, when a Resident dies partway through the year, constitute a case in which a return under Article 120, paragraph (1) (Filing Income Tax Returns) must be filed in connection with the Resident's income taxes for the year, unless the Resident's heir files a return under paragraph (3), the heir must file a return with the district tax office director, giving information that includes what is set forth in the items of Article 120, paragraph (1) with regard to those income taxes, by the day before that which marks four months' time since the day after the heir learns of the commencement of the succession (or by the start of the heir's Absence From Japan, if the heir becomes Absent From Japan prior to that date; hereinafter the same applies in this Article), as prescribed by Cabinet Order.
If the circumstances, when a Resident dies partway through the year, constitute a case in which it is permissible to file a return under Article 122, paragraph (1) or paragraph (2) (Filing a Return to Receive a Refund) in connection with the Resident's income taxes for the year, unless the Resident's heir is permitted to file a return under the following paragraph, the heir may file a return with the district director, giving information that includes what is set forth in the items of Article 120, paragraph (1) and the items of Article 122, paragraph (1) with regard to those income taxes, as prescribed by Cabinet Order.
If the circumstances, when a Resident dies partway through the year, constitute a case in which it is permissible to file a return under Article 123, paragraph (1) (Filing Tax Returns Showing Losses) in connection with the Resident's income taxes for the year, the Resident's heir may file a return with the district tax office director, giving information that includes what is set forth in the items of paragraph (2) of that Article with regard to those income taxes, by the day before that which marks four months' time since the day after the heir learns of the commencement of the succession, as prescribed by Cabinet Order.
The provisions of the second sentence of Article 120, paragraph (1) apply mutatis mutandis to the information to be given in a return under paragraph (1) or paragraph (2), and the provisions of paragraphs (3) through (7) of that Article apply mutatis mutandis to the filing of a return under the preceding three paragraphs. In such a case, the term "Filing Deadline" in paragraph (5) of that Article is deemed to be replaced with "Filing Deadline (or the day on which the return is filed, if the return is a return of refund claim as prescribed in Article 61, paragraph (1), item (ii) (Special Provisions for Base Period for Calculation of Amount of Delinquent Tax) of the Act on General Rules for National Taxes)", and the term "Act on General Rules for National Taxes" is deemed to be replaced with "that Act".
Paragraph (1) applies mutatis mutandis if the person who is required to file a return under paragraph (1) dies prior to the deadline for filing the return without having filed it, and paragraph (2) of the preceding Article applies mutatis mutandis if the person who is permitted to file a return under paragraph (3) dies prior to the deadline for filing the return without having filed it.
Article 126Filing a Tax Return If the Person Required to File Will Be Absent From Japan
第百二十六条(確定申告書を提出すべき者等が出国をする場合の確定申告)
If a Resident who is required to file a return under Article 120, paragraph (1) (Filing Income Tax Returns) will be Absent From Japan between January 1 of the year following the relevant year and the deadline for filing the year's return, unless the Resident files a return under the provisions of Article 123, paragraph (1) (Filing Tax Returns Showing Losses), the Resident must file the return with the district tax office director by the start of the Resident's Absence From Japan.
If a Resident who may file a return under Article 123, paragraph (1) will be Absent From Japan between January 1 of the year following the relevant year and February 15, the Resident may file the return with the district tax office director, even during that period.
第百二十七条(年の中途で出国をする場合の確定申告)
If a Resident will become Absent From Japan partway through the year under circumstances constituting a case in which a return under Article 120, paragraph (1) (Filing Income Tax Returns) must be filed for the Resident's gross income, retirement income, and timber income from between January 1 of the relevant year and the start of the Resident's Absence From Japan, unless the Resident files a return under paragraph (3), the Resident must file a return with the district tax office director, giving the information set forth in the items of Article 120, paragraph (1) based on the circumstances as of that time, by the start of the Resident's Absence From Japan.
If a Resident will become absent from Japan partway through the year under circumstances constituting a case in which it is permissible to file a return under Article 122, paragraph (1) (Filing a Return to Receive a Refund) for the Resident's gross income, retirement income, and timber income from between January 1 of the relevant year and the start of the Resident's Absence From Japan, unless the Resident is permitted to file a return under the following paragraph, the Resident may file a return with the district director, giving the information set forth in the items of Article 120, paragraph (1) and the items of Article 122, paragraph (1) based on the circumstances as of that time.
If a Resident will become absent from Japan partway through the year under circumstances constituting a case in which it is permissible to file a return under Article 123, paragraph (1) (Filing Tax Returns Showing Losses) in connection with a Net Loss or Casualty Loss incurred between January 1 of the relevant year and the start of the Resident's Absence From Japan or in connection with a Net Loss or Casualty Loss incurred in any of the three years prior to the relevant year (or in any of the five years prior to the relevant year, if the provisions of Article 70-2, paragraphs (1) through (3) (Special Provisions on Deduction for Carryover of Net Loss Related to Specified Extraordinary Disasters) or Article 71-2, paragraph (1) (Special Provisions on Deduction for Carryover of Casualty Loss Related to Specified Extraordinary Disasters) apply), the Resident may file a return with the district director, giving the information set forth in the items of Article 123, paragraph (2) based on the circumstances as of that time, by the start of the Resident's Absence From Japan.
居住者は、年の中途において出国をする場合において、その年一月一日からその出国の時までの間における純損失の金額若しくは雑損失の金額又はその年の前年以前三年内(第七十条の二第一項から第三項まで(特定非常災害に係る純損失の繰越控除の特例)又は第七十一条の二第一項(特定非常災害に係る雑損失の繰越控除の特例)の規定の適用がある場合には、前年以前五年内)の各年において生じたこれらの金額について、第百二十三条第一項(確定損失申告)の規定による申告書を提出することができる場合に該当するときは、その出国の時までに、税務署長に対し、その時の現況により同条第二項各号に掲げる事項を記載した申告書を提出することができる。
The provisions of the second sentence of Article 120, paragraph (1) apply mutatis mutandis to the information to be given in a return under paragraph (1) or paragraph (2), and the provisions of paragraphs (3) through (7) of that Article apply mutatis mutandis to the filing of a return under the preceding three paragraphs. In such a case, the term "Filing Deadline" in paragraph (5) of that Article is deemed to be replaced with "Filing Deadline (or the day on which the return is filed, if the return is a return of refund claim as prescribed in Article 61, paragraph (1), item (ii) (Special Provisions for Base Period for Calculation of Amount of Delinquent Tax) of the Act on General Rules for National Taxes)", and the term "Act on General Rules for National Taxes" is deemed to be replaced with "that Act".
Subsection 3 Payment
第三款 納付
Article 128Payment upon Filing
第百二十八条(確定申告による納付)
If a return as under Article 120, paragraph (1) (Filing Income Tax Returns) (other than a return required to be filed in circumstances falling under the provisions of Article 124, paragraph (1) (Filing a Tax Return If the Person Required to File Has Died) or Article 126, paragraph (1) (Filing a Tax Return If the Person Required to File Will Be Absent From Japan)) indicates an amount as set forth in Article 120, paragraph (1), item (iii) (or indicates an amount as set forth in Article 120, paragraph (1), item (iv), if there is any tax withheld as prescribed in that item but no prepaid taxes as prescribed in Article 120, paragraph (1), item (v); or indicates an amount as set forth in Article 120, paragraph (1), item (v), if there are any prepaid taxes as prescribed in that item; hereinafter the same applies in this Subsection), the Resident filing the return must pay income taxes to the national government in an amount equivalent thereto in the third period.
第百二十条第一項(確定所得申告)の規定による申告書(第百二十四条第一項(確定申告書を提出すべき者が死亡した場合の確定申告)又は第百二十六条第一項(確定申告書を提出すべき者が出国をする場合の確定申告)の規定に該当して提出すべきものを除く。)を提出した居住者は、当該申告書に記載した第百二十条第一項第三号に掲げる金額(同項第四号に規定する源泉徴収税額があり、かつ、同項第五号に規定する予納税額がない場合には、同項第四号に掲げる金額とし、同項第五号に規定する予納税額がある場合には、同号に掲げる金額とする。以下この款において同じ。)があるときは、第三期において、当該金額に相当する所得税を国に納付しなければならない。
Article 129Payment upon Filing in the Event of the Taxpayer's Death
第百二十九条(死亡の場合の確定申告による納付)
If a return as under Article 124, paragraph (1) (Filing a Tax Return If the Person Required to File Has Died) (including as applied mutatis mutandis pursuant to Article 125, paragraph (5) (Filing a Tax Return If the Taxpayer Has Died Partway Through the Year)) or Article 125, paragraph (1) indicates an amount set forth in Article 120, paragraph (1), item (iii) (Amount of Income Taxes Indicated in Income Tax Returns), the person filing the return due to circumstances falling under any of those provisions must pay income taxes to the national government in an amount equivalent thereto by the deadline for filing the return, as prescribed in Article 5 (Succession to the Obligation to Pay National Taxes Based on Hereditary Succession) of the Act on General Rules for National Taxes.
Article 130Payment upon Filing If the Taxpayer Will Be Absent From Japan
第百三十条(出国の場合の確定申告による納付)
If a return as under Article 126, paragraph (1) (Filing a Tax Return If the Person Required to File Will Be Absent From Japan) or Article 127, paragraph (1) (Filing a Tax Return If the Taxpayer Will Become Absent From Japan Partway Through the Year) indicates an amount as set forth in Article 120, paragraph (1), item (iii) (Amount of Income Taxes Indicated in Income Tax Returns), the Resident filing the return prescribed in those provisions due to the circumstances falling under those provisions must pay income taxes to the national government in an amount equivalent thereto, by the deadline for filing the return.
Subsection 4 Deferring Payment
第四款 延納
If a Resident filing a return under Article 120, paragraph (1) (Filing Income Tax Returns) pays income taxes to the national government which are equivalent to at least 50% of the income taxes payable pursuant to the provisions of Article 128 (Payment upon Filing) by the payment due date under Article 128 (or if the Resident submits a paper-based application as referred to in Article 133, paragraph (1) (Process for Deferring Tax Payments connected with Assets Transferred on a Deferred-Payment Basis) and the amount the Resident pays by the due date is at least 50% of the income taxes payable less the amount that the paper-based application states as the part of the income taxes payable whose payment the Resident seeks to defer as referred to in Article 133, paragraph (1)), the Resident may defer the payment of the remaining amount until May 31 of the year in which the Resident has made that first payment by the due date.
The preceding paragraph applies only if the Resident filing a return as prescribed in that paragraph submits a tax payment deferment notice by the payment due date prescribed in that paragraph to the competent district tax office director for the locality in which the Resident pays taxes, indicating the amount of tax payable pursuant to the provisions of Article 128 and the part of the tax payable that the Resident will pay by the due date, and giving the information prescribed by Ministry of Finance Order.
A Resident applying the provisions of paragraph (1) must pay the income taxes whose payment is subject to a deferment under the provisions of that paragraph, along with a tax levied as interest in an amount equivalent to that arrived at when the income taxes whose payment is deferred are multiplied by an annual rate of 7.3%, based on the number of days in the deferment period.
Article 132Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis
第百三十二条(延払条件付譲渡に係る所得税額の延納)
If a Resident transfers assets generating timber income or capital gains on a deferred-payment basis and the following requirements are all met, the district tax office director may permit a deferment of payment for all or a part of the income taxes payable pursuant to the provisions of Article 128 (Payment upon Filing) or Article 129 (Payment upon Filing in the Event of the Taxpayer's Death), as indicated in a return as prescribed in item (i) (or for all or a part of the taxes on assets transferred on a deferred-payment basis, if the taxes on assets transferred on a deferred-payment basis are less than the income taxes payable pursuant to the provisions of Article 128) for up to five years, at the application of the Resident (or the Resident's heir):
the Resident or heir files a return under Article 120, paragraph (1) (Filing Income Tax Returns) (other than a return required to be filed in circumstances falling under Article 126, paragraph (1) (Filing a Tax Return If the Person Required to File Will Be Absent From Japan )) or a return under Article 125, paragraph (1) (Filing a Tax Return If the Taxpayer Has Died Partway Through the Year) in connection with income taxes for the year in which the date of the deferred-payment-basis transfer falls, by the deadline for filing that return;
the taxes on assets transferred on a deferred-payment basis exceed the equivalent of 50% of the amount of income taxes set forth in Article 120, paragraph (1), item (iii) which is indicated in a return as prescribed in the preceding item;
延払条件付譲渡に係る税額が前号に規定する申告書に記載された第百二十条第一項第三号に掲げる所得税の額の二分の一に相当する金額を超えること。
the taxes on assets transferred on a deferred-payment basis exceed 300,000 yen.
延払条件付譲渡に係る税額が三十万円を超えること。
Before permitting a tax payment deferment pursuant to the provisions of the preceding paragraph, the district director must collect collateral equivalent to the amount of income taxes whose payment is being deferred; provided, however, that this does not apply if the amount of income taxes whose payment is being deferred is one million yen or less and the deferment period is three years or less, or if that period is three months or less.
税務署長は、前項の規定による延納の許可をする場合には、その延納に係る所得税の額に相当する担保を徴さなければならない。ただし、その延納に係る所得税につき、その額が百万円以下でその延納の期間が三年以下である場合又は当該期間が三月以下である場合は、この限りでない。
A transfer on a deferred-payment basis as prescribed in paragraph (1) means a transfer undertaken under conditions meeting the following requirements based on a contract that defines those conditions:
第一項に規定する延払条件付譲渡とは、次に掲げる要件に適合する条件を定めた契約に基づき当該条件により行われる譲渡をいう。
the Resident is paid the consideration in three or more installments, as monthly installments, annual installments, or any other form of installment;
月賦、年賦その他の賦払の方法により三回以上に分割して対価の支払を受けること。
there are at least two years in the period from the day after the due date for the Resident to deliver the object of the transfer until the deadline for the last installment payment;
その譲渡の目的物の引渡しの期日の翌日から最後の賦払金の支払の期日までの期間が二年以上であること。
other requirements as prescribed by Cabinet Order.
その他政令で定める要件
The taxes on assets transferred on a deferred-payment basis as prescribed in paragraph (1) means the part of the income taxes set forth in Article 120, paragraph (1), item (iii) that is indicated in a return as prescribed in paragraph (1), item (i) and which is calculated pursuant to Cabinet Order as the part of the taxes on timber income or capital gains from the sum total of the installment payments connected with the deferred-payment transfer whose payment deadline as defined in the contract for the deferred-payment transfer falls in or after the year following the relevant year (this excludes any installment payment already made during the relevant year).
第一項に規定する延払条件付譲渡に係る税額とは、同項第一号に規定する申告書に記載された第百二十条第一項第三号に掲げる所得税の額のうち、その延払条件付譲渡に係る契約において定められている支払の期日がその年の翌年以後に到来する延払条件付譲渡に係る賦払金の額(その年において既に支払を受けたものを除く。)の合計額に対応する山林所得の金額又は譲渡所得の金額に係る部分の金額として政令で定めるところにより計算した金額をいう。
第百三十三条(延払条件付譲渡に係る所得税額の延納の手続等)
A Resident seeking to apply for permission to defer a tax payment pursuant to the provisions of paragraph (1) of the preceding Article must submit a paper-based application to the competent district tax office director for the locality in which the Resident pays taxes, indicating the amount of income taxes whose payment the Resident is requesting to defer, the period of the deferment (or, if the Resident is requesting to pay the income taxes in two or more installments, the period between installment payments and the amount of each installment payment that the Resident is requesting to make as a deferred payment), and giving the information prescribed by Ministry of Finance Order, accompanied by a document concerning the provision of collateral, by the payment due date for those income taxes, pursuant to Article 128 (Payment upon Filing) or Article 129 (Payment upon Filing in the Event of the Taxpayer's Death).
Upon the submission of a paper-based application as referred to in the preceding paragraph, the district tax office director examines whether the Resident submitting the paper-based application and the information given in the application meet the requirements set forth in the items of paragraph (1) of the preceding Article; examines whether either the amount of income taxes whose payment the Resident is requesting to defer and the deferment period or the period between installment payments and the amount of each installment payment that the Resident has indicated in the paper-based application are reasonable, in light of the installment payment due dates and amounts as defined in the contract for the deferred-payment transfer prescribed in that paragraph; and examines any other necessary matters; and, based on the results of that examination, either permits the deferment of payment for all or a part of the income taxes to which the application pertains under the conditions indicated in the application or under alternate conditions, or denies the application.
Before permitting a Resident to defer payment as referred to in the preceding paragraph, if the district tax office director finds that the collateral that the Resident filing the application seeks to provide is not appropriate, the director may request the Resident to change this. If the Resident fails to respond to the request in such a case, the district tax office director may deny the application.
When permitting a Resident to defer payment or when denying an application as referred to in paragraph (1), the district tax office director must notify the Resident filing the application via a paper-based notice of either the amount of income taxes subject to the permission to defer payment and the conditions of the deferment, or of the denial of the application and the reason therefor.
If a paper-based application as referred to in paragraph (1) is submitted, the district tax office director may suspend collection of all or a part of the amount of income taxes to which the application pertains on finding there to be adequate grounds to do so.
税務署長は、第一項の申請書の提出があつた場合において、相当の理由があると認めるときは、その申請に係る所得税の額の全部又は一部の徴収を猶予することができる。
第百三十四条(延払条件付譲渡に係る所得税額の延納条件の変更)
If a Resident in receipt of permission to defer payment under Article 132, paragraph (1) (Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) seeks to request that the permitted conditions for deferring payment be altered due to a change in the due date for installment payments as defined in the contract for the deferred-payment transfer prescribed in that paragraph or due to the occurrence of any other grounds, the Resident may submit a paper-based application to the competent district tax office director for the locality in which the Resident pays taxes, indicating the conditions whose alteration the Resident seeks to request and giving the information prescribed by Ministry of Finance Order.
Paragraph (2) and paragraph (4) of the preceding Article apply mutatis mutandis if a paper-based application as referred to in the preceding paragraph is submitted.
On finding it to be necessary to alter the permitted conditions for deferring payment due to a change in the due date for installment payments defined in the contract for the deferred-payment transfer as prescribed in Article 132, paragraph (1), due to the payment of those installments prior to the due date, or due to the occurrence of any other grounds, the district tax office director may shorten the deferment period or otherwise alter the conditions for deferring payment. In such a case, the provisions of Article 49, paragraph (2) and paragraph (3) (Hearing of Explanations and Notice upon Cancellation of Grace Periods for Tax Payment) of the Act on General Rules for National Taxes apply mutatis mutandis.
税務署長は、第百三十二条第一項に規定する延払条件付譲渡に係る契約において定められている賦払金の支払の期日の変更、その支払の期日前における当該賦払金の支払その他の事由が生じたことにより当該許可に係る延納の条件を変更する必要があると認める場合には、延納の期間の短縮その他延納の条件の変更をすることができる。この場合においては、国税通則法第四十九条第二項及び第三項(納税の猶予の取消し等の場合の弁明の聴取及び通知)の規定を準用する。
第百三十五条(延払条件付譲渡に係る所得税額の延納の取消し)
If a Resident in receipt of permission to defer payment under Article 132, paragraph (1) (Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) comes to fall under one of the following cases, the district tax office director may rescind the permission to defer payment:
the income taxes subject to the deferment (this includes amounts corresponding to the tax levied as interest under the following Article and any tax on delinquency associated with those income taxes) fall into arrears, or the Resident otherwise violates the conditions of the deferment;
その延納に係る所得税の額(その所得税の額に係る次条の規定による利子税及び延滞税に相当する額を含む。)を滞納し、その他延納の条件に違反したとき。
the amount calculated pursuant to Cabinet Order in accordance with the amount of taxes that is calculated for a deferred-payment transfer as prescribed in Article 132, paragraph (4) based on the amount of income taxes as set forth in Article 120, paragraph (1), item (iii) (Amount of Income Taxes Indicated in Income Tax Returns) subsequent to the filing of an Amended Return or the reaching of a Reassessment involving the amount of income taxes indicated in the return prescribed in Article 132, paragraph (1), item (i) that the Resident has filed (referred to as "the year's taxes after amendment" in this item), comes to be no more than 50% of the year's taxes after amendment or comes to be no more than 300,000 yen;
その者が提出した第百三十二条第一項第一号に規定する申告書に係る所得税につき修正申告書の提出又は更正があつた場合において、その申告又は更正があつた後における第百二十条第一項第三号(確定所得申告に係る所得税額)に掲げる所得税の額(以下この号において「修正後の年税額」という。)を基礎として第百三十二条第四項に規定する延払条件付譲渡に係る税額の計算に準じて政令で定めるところにより計算した金額が、修正後の年税額の二分の一に相当する金額以下となり、又は三十万円以下となつたとき。
the Resident fails to follow an order under Article 51, paragraph (1) (Changing Collateral) of the Act on General Rules for National Taxes involving the collateral for the deferment;
その延納に係る担保につき国税通則法第五十一条第一項(担保の変更等)の規定による命令に応じなかつたとき。
the compulsory realization process prescribed in Article 2, item (x) (Definitions) of the Act on General Rules for National Taxes has begun against the collateral for the deferment.
その延納に係る担保物につき国税通則法第二条第十号(定義)に規定する強制換価手続が開始されたとき。
The provisions of Article 49, paragraph (2) (Hearing of Explanations upon Cancellation of Grace Periods for Tax Payment) of the Act on General Rules for National Taxes apply mutatis mutandis if the district tax office director rescinds the permission to defer payment referred to in the preceding paragraph pursuant to the provisions of item (i) or item (iii) of that paragraph.
国税通則法第四十九条第二項(納税の猶予の取消し等の場合の弁明の聴取)の規定は、前項第一号又は第三号の規定により同項の延納の許可を取り消す場合について準用する。
When rescinding the permission to defer payment referred to in paragraph (1) pursuant to the provisions of that paragraph, the district tax office director must notify the Resident that has been permitted to defer the payment of this via a paper-based notice, giving the reason therefor.
第百三十六条(延払条件付譲渡に係る所得税額の延納に係る利子税)
A Resident in receipt of permission to defer payment under Article 132, paragraph (1) (Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) must pay a tax levied as interest in an amount equivalent to that which is set forth in each of the following items for the category of case set forth in the item, along with income taxes in the amount of the required installment payment prescribed in that item (or along with income taxes equivalent to the amount subject to deferment prescribed in item (iii), in the case referred to in that item):
if the income taxes whose payment the Resident has permission to defer (hereinafter referred to as the "amount subject to deferment" in this Article) are subject to installment payments and the Resident is making a required installment payment for the first time:the amount calculated when the amount subject to deferment is multiplied by an annual rate of 7.3% based on the number of days in the period running from the day after the pre-deferment payment due date as under Article 128 (Payment upon Filing) or Article 129 (Payment upon Filing in the Event of the Taxpayer's Death) for the amount subject to deferment, up until the deferred due date for the installment payment;
if the amount subject to deferment is subject to installment payments and the Resident is making a required installment payment for the second time or thereafter:the amount calculated when the sum total of installment payments up until the previous installment are deducted from the amount subject to deferment, and the amount of income taxes constituting the difference is multiplied by an annual rate of 7.3% based on the number of days in the period running from the day after the deferred payment due date for the previous installment payment, up until the deferred payment due date for the installment payment in question;
延納税額のうちに分納税額がある場合において、第二回以後に納付すべき分納税額を納付するとき。 延納税額から前回までの分納税額の合計額を控除した所得税の額を基礎とし、前回の分納税額の延納に係る納期限の翌日からその回の分納税額の延納に係る納期限までの日数に応じ、年七・三パーセントの割合を乗じて計算した金額
in a case other than as set forth in one of the preceding two items:the amount calculated when the amount subject to deferment is multiplied by an annual rate of 7.3% based on the number of days in the period running from the day following the pre-deferment payment due date as under Article 128 or Article 129 for the amount subject to deferment, up until the deferred payment due date for the amount subject to deferment.
If a Resident in receipt of permission to defer payment under Article 132, paragraph (1) has that permission rescinded pursuant to paragraph (1) of the preceding Article, the deferred due date for payment is deemed to have arrived at the time the deferment is rescinded as regards the total amount of installment payments or amount subject to deferment that the Resident is required to pay at the time that the deferment is rescinded and thereafter, and the provisions of the preceding paragraph apply to the Resident.
As regards any taxes on delinquency that are levied against income taxes when a Resident has been permitted to defer payment as under Article 132, paragraph (1) (Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis), income taxes are broken down into the amount subject to deferment as prescribed in Article 136, paragraph (1), item (i) and everything else, and if the amount subject to deferment is subject to installment payments this is further broken down into individual installment payments, and the provisions of the Act on General Rules for National Taxes concerning taxes on delinquency apply to each such amount of taxes.
Subsection 5 Tax Payment Grace Period
第五款 納税の猶予
第百三十七条の二(国外転出をする場合の譲渡所得等の特例の適用がある場合の納税猶予)
With regard to the part of the income tax for the year that includes the date of a departure from Japan as prescribed in Article 60-2, paragraph (1) (Special Provisions on Capital Gains and Similar Income upon Departure from Japan) (hereinafter referred to as a "departure from Japan" in this Article) that is payable pursuant to the provisions of Article 128 (Payment upon Filing) or Article 129 (Payment upon Filing in the Event of the Taxpayer's Death) by a Resident who makes the departure from Japan and to whom those provisions have been applied with regard to Securities and similar interests as prescribed in that paragraph that the Resident holds at the time of the departure from Japan, or unsettled margin transactions or similar transactions as prescribed in Article 60-2, paragraph (2) or unsettled derivatives transactions as prescribed in paragraph (3) of that Article for which the Resident has concluded contracts (hereinafter referred to as "covered assets" in this paragraph and paragraph (3)) (including the Resident's heir), the income tax equivalent to the income tax subject to deferral (meaning the amount obtained by deducting the amount set forth in item (ii) from the amount set forth in item (i); the same applies hereinafter in this Article) for those covered assets (limited to those that the Resident continues to hold, or has not settled, until the Filing Deadline for the income tax for that year; hereinafter referred to as "applicable assets" in this paragraph, paragraph (5), and paragraph (6)) is granted a tax payment grace period, notwithstanding the provisions of Article 128 or Article 129, from the date of the departure from Japan until the day on which four months have elapsed from the day after the reference expiry date (meaning the day on which five years have elapsed from the date of the departure from Japan or the date on which the Resident comes to fall under a case of return to Japan or similar case (meaning a case set forth in Article 60-2, paragraph (6), item (i) or item (iii) or any other case specified by Cabinet Order; the same applies in the following paragraph), whichever comes first; the same applies in paragraph (5)), but only if the Resident has given notification of a tax agent under Article 117, paragraph (2) (Tax Agents) of the Act on General Rules for National Taxes by the time of the departure from Japan and has provided collateral equivalent to the income tax subject to deferral by the Filing Deadline for the income tax for that year, pursuant to Cabinet Order.
第六十条の二第一項(国外転出をする場合の譲渡所得等の特例)に規定する国外転出(以下この条において「国外転出」という。)をする居住者でその国外転出の時に有している同項に規定する有価証券等又は契約を締結している第六十条の二第二項に規定する未決済信用取引等若しくは同条第三項に規定する未決済デリバティブ取引(以下この項及び第三項において「対象資産」という。)につきこれらの規定の適用を受けたもの(その相続人を含む。)が当該国外転出の日の属する年分の所得税で第百二十八条(確定申告による納付)又は第百二十九条(死亡の場合の確定申告による納付)の規定により納付すべきものの額のうち、当該対象資産(当該年分の所得税に係る確定申告期限まで引き続き有し、又は決済をしていないものに限る。以下この項、第五項及び第六項において「適用資産」という。)に係る納税猶予分の所得税額(第一号に掲げる金額から第二号に掲げる金額を控除した金額をいう。以下この条において同じ。)に相当する所得税については、当該居住者が、当該国外転出の時までに国税通則法第百十七条第二項(納税管理人)の規定による納税管理人の届出をし、かつ、政令で定めるところにより当該年分の所得税に係る確定申告期限までに当該納税猶予分の所得税額に相当する担保を供した場合に限り、第百二十八条又は第百二十九条の規定にかかわらず、同日から満了基準日(当該国外転出の日から五年を経過する日又は帰国等の場合(第六十条の二第六項第一号又は第三号に掲げる場合その他政令で定める場合をいう。次項において同じ。)に該当することとなつた日のいずれか早い日をいう。第五項において同じ。)の翌日以後四月を経過する日まで、その納税を猶予する。
the amount set forth in Article 120, paragraph (1), item (iii) (Filing Income Tax Returns) for the year that includes the date of the departure from Japan;
当該国外転出の日の属する年分の第百二十条第一項第三号(確定所得申告)に掲げる金額
the amount set forth in Article 120, paragraph (1), item (iii) for the year that includes the date of the departure from Japan, if the provisions of Article 60-2, paragraphs (1) through (3) were not applied to the applicable assets.
当該適用資産につき第六十条の二第一項から第三項までの規定の適用がないものとした場合における当該国外転出の日の属する年分の第百二十条第一項第三号に掲げる金額
If an individual to whom the preceding paragraph applies submits to the competent district director for the locality in which the individual pays taxes, by the day on which five years have elapsed from the date of the departure from Japan (or by the day before the date on which the individual comes to fall under a case of return to Japan or similar case, if the individual comes to fall under such a case before that day), a paper-based notification giving a statement that the individual seeks an extension of the time limit of the tax payment grace period under that paragraph and other information prescribed by Ministry of Finance Order, the term "five years" in that paragraph is deemed to be replaced with "10 years".
Paragraph (1) (including when it is applied pursuant to the preceding paragraph; the same applies hereinafter in this Article) applies only if the Tax Return of the individual seeking to have paragraph (1) applied states that the individual seeks to have that paragraph applied, and is accompanied by a document giving details of the transfer or settlement of covered assets deemed to have been carried out pursuant to the provisions of Article 60-2, paragraphs (1) through (3), details concerning the calculation of the income tax subject to deferral, and other information prescribed by Ministry of Finance Order.
第一項(前項の規定により適用する場合を含む。以下この条において同じ。)の規定は、第一項の規定の適用を受けようとする個人の確定申告書に、同項の規定の適用を受けようとする旨の記載があり、かつ、第六十条の二第一項から第三項までの規定により行われたものとみなされた対象資産の譲渡又は決済の明細及び納税猶予分の所得税額の計算に関する明細その他財務省令で定める事項を記載した書類の添付がある場合に限り、適用する。
Even if the Tax Return referred to in the preceding paragraph is not filed, or a Tax Return is filed without the statement or document referred to in that paragraph, the district director may apply paragraph (1) if the district director finds that there were unavoidable circumstances for the failure to file the return or to include the statement or document, but only if a document giving that statement and the document prescribed by Ministry of Finance Order referred to in that paragraph are submitted.
If, by the reference expiry date for the tax payment grace period under paragraph (1), an individual to whom that paragraph is being applied transfers (including any act specified by Cabinet Order as similar to a transfer; the same applies in paragraph (6) of the following Article) or settles applicable assets that the individual held at the time of the departure from Japan, or transfers them by gift, or any other event specified by Cabinet Order occurs, then, notwithstanding paragraph (1), with regard to the income tax equivalent to the amount calculated pursuant to Cabinet Order as the part of the income tax subject to deferral for the applicable assets for which the event occurred that corresponds to those applicable assets, the time limit of the tax payment grace period under that paragraph is the day on which four months have elapsed from the date on which the event occurred.
An individual to whom paragraph (1) applies must submit to the competent district director for the locality in which the individual pays taxes a paper-based notification (hereinafter referred to as a "notification of continued application" in the following paragraph through paragraph (10)) giving a statement that the individual seeks to continue to have paragraph (1) applied to the applicable assets that the individual holds or for which the individual has concluded contracts as of December 31 of each year in the period from the Filing Deadline for the income tax for the year that includes the date of the departure from Japan to which that paragraph is applied until the day on which the time limit of the tax payment grace period under that paragraph, the preceding paragraph, paragraph (8), or paragraph (9) is fixed for the whole of the income tax equivalent to the income tax subject to deferral, and other information prescribed by Ministry of Finance Order, by March 15 of the year following the year that includes that December 31 (hereinafter referred to as the "submission deadline" in the following paragraph through paragraph (10)).
Even if a notification of continued application is not submitted by the submission deadline, if the district director referred to in the preceding paragraph finds that there were unavoidable circumstances for its not having been submitted by the submission deadline, the notification of continued application is deemed to have been submitted by the submission deadline, but only if it is submitted.
If a notification of continued application is not submitted to the competent district director for the locality in which the taxpayer pays taxes by the submission deadline, then, notwithstanding paragraph (1), with regard to the income tax equivalent to the income tax subject to deferral as of the submission deadline (excluding, if paragraph (5) has already been applied, the amount to which that paragraph was applied; the same applies in the following paragraph), the time limit of the tax payment grace period under paragraph (1) is the day on which four months have elapsed from the submission deadline (or, if the individual liable for that income tax dies during the period from the submission deadline to the day on which those four months elapse, the day on which six months have elapsed from the day on which the individual's heir learns of the commencement of the succession due to the individual's death).
The district director may advance the time limit of the tax payment grace period under paragraph (1) for the income tax equivalent to the income tax subject to deferral in any of the following cases. In such a case, the provisions of Article 49, paragraph (2) and paragraph (3) (Revocation of Tax Payment Grace Period) of the Act on General Rules for National Taxes apply mutatis mutandis.
税務署長は、次に掲げる場合には、納税猶予分の所得税額に相当する所得税に係る第一項の規定による納税の猶予に係る期限を繰り上げることができる。この場合においては、国税通則法第四十九条第二項及び第三項(納税の猶予の取消し)の規定を準用する。
if the individual to whom paragraph (1) applies fails to follow an order under Article 51, paragraph (1) (Changing Collateral) of the Act on General Rules for National Taxes involving the collateral referred to in that paragraph;
第一項の規定の適用を受ける個人が同項に規定する担保について国税通則法第五十一条第一項(担保の変更等)の規定による命令に応じない場合
if facts are found that differ from what is stated in a notification of continued application submitted by the individual;
当該個人から提出された継続適用届出書に記載された事項と相違する事実が判明した場合
beyond the cases set forth in the preceding two items, if the individual dismisses the tax agent prescribed in Article 117, paragraph (1) of the Act on General Rules for National Taxes or any other event specified by Cabinet Order occurs.
前二号に掲げる場合のほか、当該個人が国税通則法第百十七条第一項に規定する納税管理人を解任したことその他の政令で定める事由が生じた場合
The prescription of the national government's right to collect the income tax equivalent to the income tax subject to deferral, and the tax levied as interest and tax on delinquency on that income tax, is not completed during the period from the time the notification of continued application is submitted until the submission deadline for that notification, and begins to run anew from the day after that submission deadline, except where Article 73, paragraph (4) (Suspension of Completion and Renewal of Prescription) of the Act on General Rules for National Taxes, as applied with the replacement of terms pursuant to item (iv) of the following paragraph, applies.
納税猶予分の所得税額に相当する所得税並びに当該所得税に係る利子税及び延滞税の徴収を目的とする国の権利の時効については、次項第四号の規定により読み替えて適用される国税通則法第七十三条第四項(時効の完成猶予及び更新)の規定の適用がある場合を除き、継続適用届出書の提出があつた時から当該継続適用届出書の提出期限までの間は完成せず、当該提出期限の翌日から新たにその進行を始めるものとする。
The provisions of this Act, the Act on General Rules for National Taxes, and the National Tax Collection Act (Act No. 147 of 1959) apply as follows if the individual referred to in paragraph (1) seeks to have that paragraph applied, or if a tax payment grace period has been granted under that paragraph:
as regards any tax on delinquency on income tax when paragraph (1) has been applied, the amount of that income tax is broken down into the income tax subject to deferral and everything else, the income tax subject to deferral is further broken down according to the time limit of the tax payment grace period prescribed in item (v), and the provisions of the Act on General Rules for National Taxes concerning tax on delinquency apply to each such amount of taxes;
第一項の規定の適用があつた場合における所得税に係る延滞税については、その所得税の額のうち納税猶予分の所得税額とその他のものとに区分し、更に当該納税猶予分の所得税額を第五号に規定する納税の猶予に係る期限が異なるものごとに区分して、それぞれの税額ごとに国税通則法の延滞税に関する規定を適用する。
if an individual seeking to have paragraph (1) applied provides as collateral unlisted shares or similar interests (meaning shares that are not listed on a financial instruments exchange as prescribed in Article 2, paragraph (16) (Definitions) of the Financial Instruments and Exchange Act and that meet other requirements prescribed by Ministry of Finance Order, and equity interests of members of a general partnership company, limited partnership company, or limited liability company that meet requirements prescribed by Ministry of Finance Order; the same applies in paragraph (13), item (ii) of the following Article), the phrase "Securities that the district director, etc. (or the Commissioner of the National Tax Agency or the regional commissioner, if the Commissioner of the National Tax Agency or the regional commissioner is to collect collateral pursuant to the provisions of a law concerning national taxes; the same applies hereinafter in this Article and the following Article) finds to be reliable" in Article 50, item (ii) (Types of Collateral) of the Act on General Rules for National Taxes is deemed to be replaced with "Securities, and equity interests of members of a general partnership company, limited partnership company, or limited liability company (limited to those that meet requirements prescribed by Ministry of Finance Order, including that they are not the object of a pledge or other security interest)";
第一項の規定の適用を受けようとする個人が非上場株式等(株式で金融商品取引法第二条第十六項(定義)に規定する金融商品取引所に上場されていないことその他財務省令で定める要件を満たすもの及び合名会社、合資会社又は合同会社の社員の持分で財務省令で定める要件を満たすものをいう。次条第十三項第二号において同じ。)を担保として供する場合には、国税通則法第五十条第二号(担保の種類)中「有価証券で税務署長等(国税に関する法律の規定により国税庁長官又は国税局長が担保を徴するものとされている場合には、国税庁長官又は国税局長。以下この条及び次条において同じ。)が確実と認めるもの」とあるのは、「有価証券及び合名会社、合資会社又は合同会社の社員の持分(質権その他の担保権の目的となつていないことその他の財務省令で定める要件を満たすものに限る。)」とする。
as regards income tax for which a tax payment grace period has been granted under paragraph (1), the phrase "finds, the district director, etc." in Article 52, paragraph (4) (Disposition of Collateral) of the Act on General Rules for National Taxes is deemed to be replaced with "finds (or, if unlisted shares or similar interests as prescribed in paragraph (11), item (ii) of Article 137-2 of the Income Tax Act have been provided as collateral for a tax payment grace period under paragraph (1) of that Article (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income upon Departure from Japan Apply), when it so finds or when there is no buyer even if the unlisted shares or similar interests are put up for realization), the district director, etc.", and the term "property" in Article 48, paragraph (1) (Prohibition of Excessive Seizure and Unproductive Seizure) of the National Tax Collection Act is deemed to be replaced with "property (excluding, in the case where unlisted shares or similar interests as prescribed in paragraph (11), item (ii) of Article 137-2 of the Income Tax Act have been provided as collateral for a tax payment grace period under paragraph (1) of that Article (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income upon Departure from Japan Apply), the other property of the individual who provided the collateral when there is no buyer even if the unlisted shares or similar interests are put up for realization)";
第一項の規定による納税の猶予を受けた所得税については、国税通則法第五十二条第四項(担保の処分)中「認めるときは、税務署長等」とあるのは「認めるとき(所得税法第百三十七条の二第一項(国外転出をする場合の譲渡所得等の特例の適用がある場合の納税猶予)の規定による納税の猶予の担保として同条第十一項第二号に規定する非上場株式等が提供された場合には、当該認めるとき、又は当該非上場株式等を換価に付しても買受人がないとき)は、税務署長等」と、国税徴収法第四十八条第一項(超過差押及び無益な差押の禁止)中「財産は」とあるのは「財産(所得税法第百三十七条の二第一項(国外転出をする場合の譲渡所得等の特例の適用がある場合の納税猶予)の規定による納税の猶予の担保として同条第十一項第二号に規定する非上場株式等が提供された場合において、当該非上場株式等を換価に付しても買受人がないときにおける当該担保を提供した個人の他の財産を除く。)は」とする。
as regards income tax for which a tax payment grace period has been granted under paragraph (1), the term "postponement of tax payment" in Article 64, paragraph (1) (Interest Tax) and Article 73, paragraph (4) of the Act on General Rules for National Taxes is deemed to be replaced with "postponement of tax payment (including a tax payment grace period under Article 137-2, paragraph (1) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income upon Departure from Japan Apply) of the Income Tax Act)";
第一項の規定による納税の猶予を受けた所得税については、国税通則法第六十四条第一項(利子税)及び第七十三条第四項中「延納」とあるのは、「延納(所得税法第百三十七条の二第一項(国外転出をする場合の譲渡所得等の特例の適用がある場合の納税猶予)の規定による納税の猶予を含む。)」とする。
the time limit of a tax payment grace period under paragraph (1) (including that time limit under paragraph (5), paragraph (8), or paragraph (9)) is included in the time limits for postponement of tax payment under the provisions of the Income Tax Act when the provisions concerning the statutory payment due date or the due date for payment in the Act on General Rules for National Taxes and the National Tax Collection Act are applied;
the preceding Subsection does not apply to income tax that falls under the provisions of paragraph (1), paragraph (5), paragraph (8), or paragraph (9).
If an individual to whom paragraph (1) applies falls under any of the cases set forth in the following items, the individual must pay a tax levied as interest in an amount equivalent to that arrived at when the amount equivalent to the income tax prescribed in the relevant item is multiplied by an annual rate of 7.3%, based on the number of days in the period from the day after the payment due date under Article 128 or Article 129 for that income tax up to the time limit of the tax payment grace period specified in the relevant item, along with the income tax prescribed in the relevant item:
if paragraph (1) has been applied: the time limit of the tax payment grace period under that paragraph for the income tax prescribed in that paragraph;
if paragraph (5) has been applied: the time limit of the tax payment grace period under that paragraph for the income tax equivalent to the amount calculated pursuant to Cabinet Order as prescribed in that paragraph;
if paragraph (8) has been applied: the time limit of the tax payment grace period under that paragraph for the income tax prescribed in that paragraph;
if paragraph (9) has been applied: the time limit of the tax payment grace period, as advanced pursuant to that paragraph, for the income tax prescribed in that paragraph.
If a person who has made a departure from Japan to which paragraph (1) applies dies by the time limit of the tax payment grace period to which that paragraph applies, the obligation to pay the income tax subject to deferral for the person who has made the departure from Japan is succeeded to by that person's heir. In such a case, necessary matters are specified by Cabinet Order.
第一項の規定の適用に係る納税の猶予に係る期限までに同項の規定の適用を受ける国外転出をした者が死亡した場合には、当該国外転出をした者に係る納税猶予分の所得税額に係る納付の義務は、当該国外転出をした者の相続人が承継する。この場合において、必要な事項は、政令で定める。
Beyond what is provided for in paragraph (3) through the preceding paragraph, necessary matters concerning the application of paragraph (1) are specified by Cabinet Order.
第百三十七条の三(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例の適用がある場合の納税猶予)
With regard to the part of the income tax for the year that includes the date of a gift (excluding a gift that takes effect upon the death of the donor; the same applies hereinafter in this paragraph) that is payable pursuant to the provisions of Subsection 3 (Payment) by a person to whom the provisions of 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) have been applied with regard to Securities and similar interests as prescribed in that paragraph, or contracts for unsettled margin transactions or similar transactions as prescribed in paragraph (2) of that Article or unsettled derivatives transactions as prescribed in paragraph (3) of that Article (hereinafter referred to as "covered assets" in this Article), that were transferred to a Nonresident by the gift (including that person's heir), the income tax equivalent to the income tax deferred on a gift (meaning the amount obtained by deducting the amount set forth in item (ii) from the amount set forth in item (i); the same applies hereinafter in this paragraph and paragraph (4)) for those covered assets (limited to those that continue to be held, or have not been settled, until the Filing Deadline for the income tax for that year; hereinafter referred to as "applicable gifted assets" in this paragraph, paragraph (6), and paragraph (7)) is granted a tax payment grace period, notwithstanding the provisions of that Subsection, from the date of the gift until the day on which four months have elapsed from the day after the gift reference expiry date (meaning the day on which five years have elapsed from the date of the gift or the date on which a case of the donee's return to Japan or similar case (meaning a case set forth in Article 60-3, paragraph (6), item (i) or item (iii) or any other case specified by Cabinet Order; the same applies in paragraph (3), item (i)) arises, whichever comes first; the same applies in paragraph (6)), but only if the person to whom those provisions have been applied has provided collateral equivalent to the income tax deferred on a gift by the Filing Deadline for the income tax for that year, pursuant to Cabinet Order.
贈与(贈与をした者の死亡により効力を生ずる贈与を除く。以下この項において同じ。)により非居住者に移転した第六十条の三第一項(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例)に規定する有価証券等又は同条第二項に規定する未決済信用取引等若しくは同条第三項に規定する未決済デリバティブ取引に係る契約(以下この条において「対象資産」という。)につきこれらの規定の適用を受けた者(その相続人を含む。)が当該贈与の日の属する年分の所得税で第三款(納付)の規定により納付すべきものの額のうち、当該対象資産(当該年分の所得税に係る確定申告期限まで引き続き有し、又は決済をしていないものに限る。以下この項、第六項及び第七項において「適用贈与資産」という。)に係る贈与納税猶予分の所得税額(第一号に掲げる金額から第二号に掲げる金額を控除した金額をいう。以下この項及び第四項において同じ。)に相当する所得税については、当該適用を受けた者が、政令で定めるところにより当該年分の所得税に係る確定申告期限までに当該贈与納税猶予分の所得税額に相当する担保を供した場合に限り、同款の規定にかかわらず、当該贈与の日から贈与満了基準日(当該贈与の日から五年を経過する日又は受贈者帰国等の場合(第六十条の三第六項第一号又は第三号に掲げる場合その他政令で定める場合をいう。第三項第一号において同じ。)に該当することとなつた日のいずれか早い日をいう。第六項において同じ。)の翌日以後四月を経過する日まで、その納税を猶予する。
the amount set forth in Article 120, paragraph (1), item (iii) (Filing Income Tax Returns) for the year that includes the date of the gift;
当該贈与の日の属する年分の第百二十条第一項第三号(確定所得申告)に掲げる金額
the amount set forth in Article 120, paragraph (1), item (iii) for the year that includes the date of the gift, if the provisions of Article 60-3, paragraphs (1) through (3) were not applied to the applicable gifted assets.
当該適用贈与資産につき第六十条の三第一項から第三項までの規定の適用がないものとした場合における当該贈与の日の属する年分の第百二十条第一項第三号に掲げる金額
With regard to the part of the income tax for the year that includes the date of commencement of an inheritance that is payable pursuant to the provisions of Article 129 (Payment upon Filing in the Event of the Taxpayer's Death) by all of the heirs of a person to whom the provisions of Article 60-3, paragraphs (1) through (3) have been applied with regard to covered assets transferred to a Nonresident by inheritance or bequest (including a gift that takes effect upon the death of the donor; the same applies hereinafter in this paragraph) (such a person is referred to as a "decedent whose estate is taxed as a sale" in paragraph (4)), the income tax equivalent to the income tax deferred on inheritance (meaning the amount obtained by deducting the amount set forth in item (ii) from the amount set forth in item (i); the same applies hereinafter in this paragraph and paragraph (4)) for those covered assets (limited to those that continue to be held, or have not been settled, until the Filing Deadline for the income tax for that year (or, if a return filed after the deadline is filed under Article 151-5, paragraph (1) (Special Provisions on Returns Filed after the Deadline and Similar Matters upon Division of the Estate or Similar Event), the deadline for filing prescribed in that paragraph; the same applies hereinafter in this paragraph and paragraph (7)); hereinafter referred to as "applicable inherited assets" in this paragraph, paragraph (6), and paragraph (7)) is granted a tax payment grace period, notwithstanding the provisions of Article 129, from the date of commencement of the inheritance until the day on which four months have elapsed from the day after the inheritance reference expiry date (meaning the day on which five years have elapsed from the date of commencement of the inheritance or the date on which a case of the heir's return to Japan or similar case (meaning a case set forth in Article 60-3, paragraph (6), item (i) or item (iii) or any other case specified by Cabinet Order; the same applies in item (i) of the following paragraph) arises, whichever comes first; the same applies in paragraph (6)), but only if the heirs have provided collateral equivalent to the income tax deferred on inheritance pursuant to Cabinet Order, and all of the Nonresidents who acquired the covered assets by the inheritance or bequest have given notification of a tax agent under Article 117, paragraph (2) (Tax Agent) of the Act on General Rules for National Taxes pursuant to Cabinet Order by the Filing Deadline for the income tax for that year.
相続又は遺贈(贈与をした者の死亡により効力を生ずる贈与を含む。以下この項において同じ。)により非居住者に移転した対象資産につき第六十条の三第一項から第三項までの規定の適用を受けた者(第四項において「適用被相続人等」という。)の全ての相続人が当該相続の開始の日の属する年分の所得税で第百二十九条(死亡の場合の確定申告による納付)の規定により納付すべきものの額のうち、当該対象資産(当該年分の所得税に係る確定申告期限(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)の規定による期限後申告書を提出する場合にあつては、同項に規定する提出期限。以下この項及び第七項において同じ。)まで引き続き有し、又は決済をしていないものに限る。以下この項、第六項及び第七項において「適用相続等資産」という。)に係る相続等納税猶予分の所得税額(第一号に掲げる金額から第二号に掲げる金額を控除した金額をいう。以下この項及び第四項において同じ。)に相当する所得税については、当該相続人が政令で定めるところにより当該相続等納税猶予分の所得税額に相当する担保を供し、かつ、当該年分の所得税に係る確定申告期限までに当該相続又は遺贈により当該対象資産を取得した非居住者の全てが政令で定めるところにより国税通則法第百十七条第二項(納税管理人)の規定による納税管理人の届出をした場合に限り、第百二十九条の規定にかかわらず、当該相続の開始の日から相続等満了基準日(当該相続の開始の日から五年を経過する日又は相続人帰国等の場合(第六十条の三第六項第一号又は第三号に掲げる場合その他政令で定める場合をいう。次項第一号において同じ。)に該当することとなつた日のいずれか早い日をいう。第六項において同じ。)の翌日以後四月を経過する日まで、その納税を猶予する。
the amount set forth in Article 120, paragraph (1), item (iii) for the year that includes the date of commencement of the inheritance (or, if an Amended Return has been filed under Article 151-6, paragraph (1) (Special Provisions on Amended Returns upon Division of the Estate or Similar Event) for that amount, the amount after that amendment);
当該相続の開始の日の属する年分の第百二十条第一項第三号に掲げる金額(当該金額につき第百五十一条の六第一項(遺産分割等があつた場合の修正申告の特例)の規定による修正申告書の提出があつた場合には、その申告後の金額)
the amount set forth in Article 120, paragraph (1), item (iii) for the year that includes the date of commencement of the inheritance, if the provisions of Article 60-3, paragraphs (1) through (3) were not applied to the applicable inherited assets.
当該適用相続等資産につき第六十条の三第一項から第三項までの規定の適用がないものとした場合における当該相続の開始の日の属する年分の第百二十条第一項第三号に掲げる金額
If a person set forth in one of the following items submits to the competent district director for the locality in which the person pays taxes, by the day or deadline specified in the relevant item, a paper-based notification giving a statement that the person seeks an extension of the time limit of the tax payment grace period under the preceding two paragraphs and other information prescribed by Ministry of Finance Order, the term "five years" in those provisions is deemed to be replaced with "10 years":
次の各号に掲げる者が、それぞれ当該各号に定める日又は期限までに、前二項の規定による納税の猶予に係る期限の延長を受けたい旨その他財務省令で定める事項を記載した届出書を、納税地の所轄税務署長に提出した場合には、これらの規定中「五年」とあるのは、「十年」とする。
a person to whom the preceding two paragraphs are being applied: the day on which five years have elapsed from the date of the gift or the date of commencement of the inheritance (or, if a case of the donee's return to Japan or similar case or a case of the heir's return to Japan or similar case arises before that day, the day before the date on which it arises);
前二項の規定の適用を受けている者 贈与の日又は相続の開始の日から五年を経過する日(同日前に受贈者帰国等の場合又は相続人帰国等の場合に該当することとなつた場合には、その該当することとなつた日の前日)
a person for whom the deadline for filing a return filed after the deadline under Article 151-5, paragraph (1) falls after the day on which five years have elapsed from the date of commencement of the inheritance: that deadline for filing.
第百五十一条の五第一項の規定による期限後申告書の提出期限が相続の開始の日から五年を経過する日後である者 当該提出期限
Paragraph (1) or paragraph (2) (including when applied pursuant to the preceding paragraph; the same applies hereinafter in this Article) applies only if the Tax Return filed by the person seeking to have paragraph (1) applied, or the Tax Return of the decedent whose estate is taxed as a sale filed by the heir seeking to have paragraph (2) applied, states that the person or heir seeks to have those provisions applied, and is accompanied by a document giving details of the transfer or settlement of covered assets deemed to have been carried out pursuant to the provisions of Article 60-3, paragraphs (1) through (3), details concerning the calculation of the income tax deferred on a gift or the income tax deferred on inheritance (hereinafter referred to as the "income tax subject to deferral" in this Article), and other information prescribed by Ministry of Finance Order.
第一項又は第二項(これらの規定を前項の規定により適用する場合を含む。以下この条において同じ。)の規定は、第一項の規定の適用を受けようとする者の提出した確定申告書又は第二項の規定の適用を受けようとする相続人が提出した適用被相続人等の確定申告書に、これらの規定の適用を受けようとする旨の記載があり、かつ、第六十条の三第一項から第三項までの規定により行われたものとみなされた対象資産の譲渡又は決済の明細及び贈与納税猶予分の所得税額又は相続等納税猶予分の所得税額(以下この条において「納税猶予分の所得税額」という。)の計算に関する明細その他財務省令で定める事項を記載した書類の添付がある場合に限り、適用する。
Even if the Tax Return referred to in the preceding paragraph is not filed, or a Tax Return is filed without the statement or document referred to in that paragraph, the district director may apply paragraph (1) or paragraph (2) if the district director finds that there were unavoidable circumstances for the failure to file the return or to include the statement or document, but only if a document giving that statement and the document prescribed by Ministry of Finance Order referred to in that paragraph are submitted.
If, by the gift reference expiry date or the inheritance reference expiry date for the tax payment grace period under paragraph (1) or paragraph (2), the Nonresident who received the gift referred to in paragraph (1), or the Nonresident who is an heir to whom paragraph (2) has been applied, transfers or settles applicable gifted assets or applicable inherited assets received by gift, inheritance, or bequest, or transfers them by gift, or any other event specified by Cabinet Order occurs, then, notwithstanding those provisions, with regard to the income tax equivalent to the amount calculated pursuant to Cabinet Order as the part of the income tax subject to deferral for the applicable gifted assets or applicable inherited assets for which the event occurred that corresponds to those assets, the time limit of the tax payment grace period under those provisions is the day on which four months have elapsed from the date on which the event occurred.
第一項に規定する贈与を受けた非居住者又は第二項の規定の適用を受けた相続人である非居住者が、これらの規定による納税の猶予に係る贈与満了基準日又は相続等満了基準日までに、贈与、相続又は遺贈により移転を受けた適用贈与資産又は適用相続等資産の譲渡若しくは決済又は贈与による移転をしたことその他政令で定める事由が生じた場合には、これらの事由が生じた適用贈与資産又は適用相続等資産に係る納税猶予分の所得税額のうちこれらの事由が生じた適用贈与資産又は適用相続等資産に対応する部分の額として政令で定めるところにより計算した金額に相当する所得税については、これらの規定にかかわらず、これらの事由が生じた日から四月を経過する日をもつてこれらの規定による納税の猶予に係る期限とする。
A person to whom paragraph (1) applies or an heir to whom paragraph (2) applies (hereinafter referred to as a "person using the deferral" in this Article) must submit to the competent district director for the locality in which the person pays taxes, pursuant to Cabinet Order, a paper-based notification (hereinafter referred to as a "notification of continued application" in the following paragraph through paragraph (12)) giving a statement that the person seeks to continue to have paragraph (1) or paragraph (2) applied to the applicable gifted assets or applicable inherited assets that the person holds or for which the person has concluded contracts as of December 31 of each year in the period from the Filing Deadline for the income tax for the year that includes the date of the gift or the date of commencement of the inheritance to which those provisions are applied until the day on which the time limit of the tax payment grace period under paragraph (1), paragraph (2), the preceding paragraph, paragraph (9) (including as applied mutatis mutandis pursuant to paragraph (10); the same applies hereinafter in this Article), or paragraph (11) is fixed for the whole of the income tax equivalent to the income tax subject to deferral, and other information prescribed by Ministry of Finance Order, by March 15 of the year following the year that includes that December 31 (hereinafter referred to as the "submission deadline" in the following paragraph, paragraph (9), and paragraph (12)).
第一項の規定の適用を受ける者又は第二項の規定の適用を受ける相続人(以下この条において「適用贈与者等」という。)は、これらの規定の適用に係る贈与の日又は相続の開始の日の属する年分の所得税に係る確定申告期限から納税猶予分の所得税額に相当する所得税の全部につき第一項、第二項、前項、第九項(第十項において準用する場合を含む。以下この条において同じ。)又は第十一項の規定による納税の猶予に係る期限が確定する日までの間の各年の十二月三十一日において有し、又は契約を締結している適用贈与資産又は適用相続等資産につき、引き続き第一項又は第二項の規定の適用を受けたい旨その他財務省令で定める事項を記載した届出書(次項から第十二項までにおいて「継続適用届出書」という。)を、同日の属する年の翌年三月十五日(次項、第九項及び第十二項において「提出期限」という。)までに、政令で定めるところにより、納税地の所轄税務署長に提出しなければならない。
Even if a notification of continued application is not submitted by the submission deadline, if the district director referred to in the preceding paragraph finds that there were unavoidable circumstances for its not having been submitted by the submission deadline, the notification of continued application is deemed to have been submitted by the submission deadline, but only if it is submitted.
If a notification of continued application is not submitted to the competent district director for the locality in which the taxpayer pays taxes by the submission deadline, then, notwithstanding paragraph (1) or paragraph (2), with regard to the income tax equivalent to the income tax subject to deferral as of the submission deadline (excluding, if paragraph (6) has already been applied, the amount to which that paragraph was applied), the time limit of the tax payment grace period under those provisions is the day on which four months have elapsed from the submission deadline (or, if the person using the deferral who is liable for that income tax dies during the period from the submission deadline to the day on which those four months elapse, the day on which six months have elapsed from the day on which the heir of the person using the deferral learns of the commencement of the succession due to the death of the person using the deferral).
If a person to whom paragraph (1) is being applied intends to make a departure from Japan as prescribed in Article 60-2, paragraph (1) (Special Provisions on Capital Gains and Similar Income upon Departure from Japan), the person must give notification of a tax agent under Article 117, paragraph (2) of the Act on General Rules for National Taxes by the time of the departure from Japan. In such a case, the preceding two paragraphs apply mutatis mutandis if notification of the tax agent has not been given by the time of the departure from Japan.
第一項の規定の適用を受けている者が第六十条の二第一項(国外転出をする場合の譲渡所得等の特例)に規定する国外転出をしようとする場合には、当該国外転出の時までに、国税通則法第百十七条第二項の規定による納税管理人の届出をしなければならない。この場合において、前二項の規定は、当該納税管理人の届出が当該国外転出の時までになかつた場合について準用する。
The district director may advance the time limit of the tax payment grace period under paragraph (1) or paragraph (2) for the income tax equivalent to the income tax subject to deferral (excluding, if paragraph (6) has already been applied, the amount to which that paragraph was applied) in any of the following cases. In such a case, the provisions of Article 49, paragraph (2) and paragraph (3) (Revocation of Tax Payment Grace Period) of the Act on General Rules for National Taxes apply mutatis mutandis.
税務署長は、次に掲げる場合には、納税猶予分の所得税額(既に第六項の規定の適用があつた場合には、同項の規定の適用があつた金額を除く。)に相当する所得税に係る第一項又は第二項の規定による納税の猶予に係る期限を繰り上げることができる。この場合においては、国税通則法第四十九条第二項及び第三項(納税の猶予の取消し)の規定を準用する。
if a person using the deferral fails to follow an order under Article 51, paragraph (1) (Changing Collateral) of the Act on General Rules for National Taxes involving the collateral referred to in paragraph (1) or paragraph (2);
適用贈与者等が第一項又は第二項に規定する担保について国税通則法第五十一条第一項(担保の変更等)の規定による命令に応じない場合
if facts are found that differ from what is stated in a notification of continued application submitted by a person using the deferral;
beyond the cases set forth in the preceding two items, if a person using the deferral dismisses the tax agent prescribed in Article 117, paragraph (1) of the Act on General Rules for National Taxes or any other event specified by Cabinet Order occurs.
前二号に掲げる場合のほか、適用贈与者等が国税通則法第百十七条第一項に規定する納税管理人を解任したことその他の政令で定める事由が生じた場合
The prescription of the national government's right to collect the income tax equivalent to the income tax subject to deferral, and the tax levied as interest and tax on delinquency on that income tax, is not completed during the period from the time the notification of continued application is submitted until the submission deadline for that notification, and begins to run anew from the day after that submission deadline, except where Article 73, paragraph (4) (Suspension of Completion and Renewal of Prescription) of the Act on General Rules for National Taxes, as applied with the replacement of terms pursuant to item (iv) of the following paragraph, applies.
納税猶予分の所得税額に相当する所得税並びに当該所得税に係る利子税及び延滞税の徴収を目的とする国の権利の時効については、次項第四号の規定により読み替えて適用される国税通則法第七十三条第四項(時効の完成猶予及び更新)の規定の適用がある場合を除き、継続適用届出書の提出があつた時から当該継続適用届出書の提出期限までの間は完成せず、当該提出期限の翌日から新たにその進行を始めるものとする。
The provisions of this Act, the Act on General Rules for National Taxes, and the National Tax Collection Act apply as follows if the person referred to in paragraph (1) or the heir referred to in paragraph (2) seeks to have those provisions applied, or if a tax payment grace period has been granted under those provisions:
as regards any tax on delinquency on income tax when paragraph (1) or paragraph (2) has been applied, the amount of that income tax is broken down into the income tax subject to deferral and everything else, the income tax subject to deferral is further broken down according to the time limit of the tax payment grace period prescribed in item (v), and the provisions of the Act on General Rules for National Taxes concerning tax on delinquency apply to each such amount of taxes;
第一項又は第二項の規定の適用があつた場合における所得税に係る延滞税については、その所得税の額のうち納税猶予分の所得税額とその他のものとに区分し、更に当該納税猶予分の所得税額を第五号に規定する納税の猶予に係る期限が異なるものごとに区分して、それぞれの税額ごとに国税通則法の延滞税に関する規定を適用する。
if a person seeking to have paragraph (1) applied or an heir seeking to have paragraph (2) applied provides unlisted shares or similar interests as collateral, the phrase "Securities that the district director, etc. (or the Commissioner of the National Tax Agency or the regional commissioner, if the Commissioner of the National Tax Agency or the regional commissioner is to collect collateral pursuant to the provisions of a law concerning national taxes; the same applies hereinafter in this Article and the following Article) finds to be reliable" in Article 50, item (ii) (Types of Collateral) of the Act on General Rules for National Taxes is deemed to be replaced with "Securities, and equity interests of members of a general partnership company, limited partnership company, or limited liability company (limited to those that meet requirements prescribed by Ministry of Finance Order, including that they are not the object of a pledge or other security interest)";
as regards income tax for which a tax payment grace period has been granted under paragraph (1) or paragraph (2), the phrase "finds, the district director, etc." in Article 52, paragraph (4) (Disposition of Collateral) of the Act on General Rules for National Taxes is deemed to be replaced with "finds (or, if unlisted shares or similar interests as prescribed in Article 137-2, paragraph (11), item (ii) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income upon Departure from Japan Apply) of the Income Tax Act have been provided as collateral for a tax payment grace period under Article 137-3, paragraph (1) or paragraph (2) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income If Assets Are Transferred to a Nonresident by Gift or Similar Means Apply) of that Act, when it so finds or when there is no buyer even if the unlisted shares or similar interests are put up for realization), the district director, etc.", and the term "property" in Article 48, paragraph (1) (Prohibition of Excessive Seizure and Unproductive Seizure) of the National Tax Collection Act is deemed to be replaced with "property (excluding, in the case where unlisted shares or similar interests as prescribed in Article 137-2, paragraph (11), item (ii) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income upon Departure from Japan Apply) of the Income Tax Act have been provided as collateral for a tax payment grace period under Article 137-3, paragraph (1) or paragraph (2) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income If Assets Are Transferred to a Nonresident by Gift or Similar Means Apply) of that Act, the other property of the person using the deferral as prescribed in Article 137-3, paragraph (7) of that Act who provided the collateral when there is no buyer even if the unlisted shares or similar interests are put up for realization)";
第一項又は第二項の規定による納税の猶予を受けた所得税については、国税通則法第五十二条第四項(担保の処分)中「認めるときは、税務署長等」とあるのは「認めるとき(所得税法第百三十七条の三第一項又は第二項(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例の適用がある場合の納税猶予)の規定による納税の猶予の担保として同法第百三十七条の二第十一項第二号(国外転出をする場合の譲渡所得等の特例の適用がある場合の納税猶予)に規定する非上場株式等が提供された場合には、当該認めるとき、又は当該非上場株式等を換価に付しても買受人がないとき)は、税務署長等」と、国税徴収法第四十八条第一項(超過差押及び無益な差押の禁止)中「財産は」とあるのは「財産(所得税法第百三十七条の三第一項又は第二項(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例の適用がある場合の納税猶予)の規定による納税の猶予の担保として同法第百三十七条の二第十一項第二号(国外転出をする場合の譲渡所得等の特例の適用がある場合の納税猶予)に規定する非上場株式等が提供された場合において、当該非上場株式等を換価に付しても買受人がないときにおける当該担保を提供した同法第百三十七条の三第七項に規定する適用贈与者等の他の財産を除く。)は」とする。
as regards income tax for which a tax payment grace period has been granted under paragraph (1) or paragraph (2), the term "postponement of tax payment" in Article 64, paragraph (1) (Interest Tax) and Article 73, paragraph (4) of the Act on General Rules for National Taxes is deemed to be replaced with "postponement of tax payment (including a tax payment grace period under Article 137-3, paragraph (1) or paragraph (2) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income If Assets Are Transferred to a Nonresident by Gift or Similar Means Apply) of the Income Tax Act)";
第一項又は第二項の規定による納税の猶予を受けた所得税については、国税通則法第六十四条第一項(利子税)及び第七十三条第四項中「延納」とあるのは、「延納(所得税法第百三十七条の三第一項又は第二項(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例の適用がある場合の納税猶予)の規定による納税の猶予を含む。)」とする。
the time limit of a tax payment grace period under paragraph (1) or paragraph (2) (including that time limit under paragraph (6), paragraph (9), or paragraph (11)) is included in the time limits for postponement of tax payment under the provisions of the Income Tax Act when the provisions concerning the statutory payment due date or the due date for payment in the Act on General Rules for National Taxes and the National Tax Collection Act are applied;
the preceding Subsection does not apply to income tax that falls under the provisions of paragraph (1), paragraph (2), paragraph (6), paragraph (9), or paragraph (11).
A person using the deferral who falls under any of the cases set forth in the following items must pay a tax levied as interest in an amount equivalent to that arrived at when the amount equivalent to the income tax prescribed in the relevant item is multiplied by an annual rate of 7.3%, based on the number of days in the period from the day after the payment due date under Subsection 3 or Article 151-5, paragraph (1) for that income tax (or, for the income tax corresponding to the part up to the amount of income tax payable as a result of filing an Amended Return under Article 151-6, paragraph (1) (excluding the amount of income tax to which this paragraph has already been applied), the payment due date under paragraph (1) of that Article; hereinafter referred to as the "payment deadline" in this paragraph) up to the time limit of the tax payment grace period specified in the relevant item, along with the income tax prescribed in the relevant item. In such a case, if there are two or more payment deadlines for that income tax, the amount of the tax levied as interest is to be calculated on the basis that the time limit of the tax payment grace period has arrived successively, starting with the income tax for the most recent of those payment deadlines.
適用贈与者等は、次の各号に掲げる場合のいずれかに該当する場合には、当該各号に規定する所得税に相当する金額を基礎とし、当該所得税に係る第三款又は第百五十一条の五第一項の規定による納付の期限(当該所得税のうち第百五十一条の六第一項の規定による修正申告書を提出したことにより納付すべき所得税の額(既にこの項の規定の適用があつた所得税の額を除く。)に達するまでの部分に相当する金額の所得税にあつては、同条第一項の規定による納付の期限。以下この項において「納付期限」という。)の翌日から当該各号に定める納税の猶予に係る期限までの期間に応じ、年七・三パーセントの割合を乗じて計算した金額に相当する利子税を、当該各号に規定する所得税に併せて納付しなければならない。この場合において、当該所得税につき納付期限が二以上ある場合には、これらの納付期限のうち最も新しいものに係る所得税から順次納税の猶予に係る期限が到来したものとして、利子税の額を計算するものとする。
if paragraph (1) or paragraph (2) has been applied: the time limit of the tax payment grace period under those provisions for the income tax prescribed in those provisions;
if paragraph (6) has been applied: the time limit of the tax payment grace period under that paragraph for the income tax equivalent to the amount calculated pursuant to Cabinet Order as prescribed in that paragraph;
if paragraph (9) has been applied: the time limit of the tax payment grace period under that paragraph for the income tax prescribed in that paragraph;
if paragraph (11) has been applied: the time limit of the tax payment grace period, as advanced pursuant to that paragraph, for the income tax prescribed in that paragraph.
If the person using the deferral dies by the time limit of the tax payment grace period to which paragraph (1) or paragraph (2) applies, the obligation to pay the income tax subject to deferral for that person using the deferral is succeeded to by the heir of that person using the deferral. In such a case, necessary matters are specified by Cabinet Order.
第一項又は第二項の規定の適用に係る納税の猶予に係る期限までにその適用贈与者等が死亡した場合には、当該適用贈与者等に係る納税猶予分の所得税額に係る納付の義務は、当該適用贈与者等の相続人が承継する。この場合において、必要な事項は、政令で定める。
Beyond what is provided for in paragraph (4) through the preceding paragraph, necessary matters concerning the application of paragraphs (1) and (2) are specified by Cabinet Order.
Subsection 6 Refunds
第六款 還付
Article 138Refunding Tax Withheld
第百三十八条(源泉徴収税額等の還付)
If a Tax Return is filed which indicates any of the amounts set forth in Article 122, paragraph (1), item (i) or item (ii) (Filing a Return to Receive a Refund) or Article 123, paragraph (2), item (vi) or item (vii) (Filing Tax Returns Showing Losses), the district director refunds an amount of income taxes equivalent thereto to the person filing the return.
確定申告書の提出があつた場合において、当該申告書に第百二十二条第一項第一号若しくは第二号(還付等を受けるための申告)又は第百二十三条第二項第六号若しくは第七号(確定損失申告)に掲げる金額の記載があるときは、税務署長は、当該申告書を提出した者に対し、当該金額に相当する所得税を還付する。
In a case as referred to in the preceding paragraph, if any part of the tax withheld as prescribed in Article 122, paragraph (1), item (ii) or Article 123, paragraph (2), item (vii) which is indicated in a Tax Return as referred to in the preceding paragraph has not yet been paid over to the national government, an amount equivalent to the part of the refund under the preceding paragraph which is from tax withheld that has not yet been paid over is not refunded until that part of the tax withheld is paid over.
前項の場合において、同項の確定申告書に記載された第百二十二条第一項第二号又は第百二十三条第二項第七号に規定する源泉徴収税額のうちにまだ納付されていないものがあるときは、前項の規定による還付金の額のうちその納付されていない部分の金額に相当する金額については、その納付があるまでは、還付しない。
When the amount of Interest on a refund under paragraph (1) is calculated, the period referred to in Article 58, paragraph (1) (Interest on Refunds) of the Act on General Rules for National Taxes which serves as the basis for the calculation is the period beginning on the day after the day that is set forth in each of the following items for the category of case set forth in the item (or beginning on the day after that on which any tax withheld that is subject to a refund as prescribed in the preceding paragraph is paid over to the national government, if this is after the date set forth in the relevant item), and ending on the day on which the tax-office decision to pay the refund is reached or on the day on which the refund is Appropriated to cover a required tax payment (or ending on the day on which the refund first could have been Appropriated, if this is before the date of the Appropriation):
第一項の規定による還付金について還付加算金を計算する場合には、その計算の基礎となる国税通則法第五十八条第一項(還付加算金)の期間は、次の各号に掲げる場合の区分に応じ当該各号に掲げる日(同日後に納付された前項に規定する源泉徴収税額に係る還付金については、その納付の日)の翌日からその還付のための支払決定をする日又はその還付金につき充当をする日(同日前に充当をするのに適することとなつた日がある場合には、その適することとなつた日)までの期間とする。
if the Tax Return referred to in paragraph (1) is filed by the Filing Deadline:the Filing Deadline;
if the Tax Return referred to in paragraph (1) is filed after the Filing Deadline:the day on which the Tax Return is filed.
If a refund under paragraph (1) is Appropriated to cover unpaid income taxes in the year of the Tax Return referred to in that paragraph, interest on refund does not accrue on the part of the refund so Appropriated and the tax on delinquency is waived for the part of the income taxes covered by the Appropriation.
Beyond what is prescribed in the preceding three paragraphs, Cabinet Order provides for the procedures for issuing a refund as referred to in paragraph (1), the way of Appropriating a refund under that paragraph (and Interest thereon), and other necessary particulars concerning the application of the provisions of that paragraph.
Article 139Refunding of Prepaid Taxes
第百三十九条(予納税額の還付)
If a Tax Return is filed which indicates an amount set forth in Article 122, paragraph (1), item (iii) (Filing a Return to Receive a Refund) or Article 123, paragraph (2), item (viii) (Filing Tax Returns Showing Losses), the district director refunds the part of the prepaid taxes prescribed in those provisions which is equivalent to that amount (hereinafter referred to in this Article as "prepaid taxes") to the person filing the return.
確定申告書の提出があつた場合において、当該申告書に第百二十二条第一項第三号(還付等を受けるための申告)又は第百二十三条第二項第八号(確定損失申告)に掲げる金額の記載があるときは、税務署長は、当該申告書を提出した者に対し、当該金額に相当するこれらの規定に規定する予納税額(以下この条において「予納税額」という。)を還付する。
If the district director issues a refund under the preceding paragraph and the taxpayer has paid a tax on delinquency in respect of prepaid taxes in the year of the Tax Return referred to in that paragraph, the director also refunds the amount calculated pursuant to Cabinet Order as the part of the tax on delinquency which was for the prepaid taxes that are being refunded pursuant to that paragraph.
When the amount of Interest on a refund under paragraph (1) is calculated, the period referred to in Article 58, paragraph (1) (Interest on Refunds) of the Act on General Rules for National Taxes which serves as the basis for the calculation is the period beginning on the day after that on which prepaid taxes that are required to be refunded pursuant to the provisions of paragraph (1) are paid (or beginning on the day after the payment due date, if the prepaid taxes are paid prior to the payment due date) and ending on the day on which the tax-office decision to pay the refund is reached or on the day on which the refund is Appropriated to cover a required tax payment (or ending on the day on which the refund first could have been Appropriated, if this is before the date of the Appropriation); provided, however, that if a Tax Return as referred to in that paragraph is filed after the Filing Deadline, none of the days from the day after the Filing Deadline up to the day on which the Tax Return is filed are included as part of that period.
If a refund under paragraph (1) is Appropriated to cover unpaid income taxes for a year in which prepaid taxes are used as the basis for calculating the amount of the refund, interest on refund does not accrue on the part of the refund so Appropriated and the tax on delinquency is waived for the part of the income taxes covered by the Appropriation.
Interest on refund does not accrue on a refund under the provisions of paragraph (2).
Beyond what is prescribed in the preceding three paragraphs, Cabinet Order provides for procedures for issuing a refund as referred to in paragraph (1) or paragraph (2), the way of Appropriating a refund under paragraph (1) (and Interest thereon) and other necessary particulars concerning the application of the provisions of that paragraph or paragraph (2).
Article 140Claim to Be Issued a Refund Based on Carryback of Net Loss
第百四十条(純損失の繰戻しによる還付の請求)
If a Resident filing a Blue Return incurs a Net Loss in the year, the Resident may file a claim with the competent district tax office director for the locality in which the Resident pays taxes, seeking to be issued an income tax refund in an amount equivalent to what is arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i), at the time of filing the return:
the amount of income taxes calculated when Chapter III, Section 1 (Tax Rates) is applied for the previous year's taxable gross income, taxable retirement income, and taxable timber income;
その年の前年分の課税総所得金額、課税退職所得金額及び課税山林所得金額につき第三章第一節(税率)の規定を適用して計算した所得税の額
the amount of income taxes calculated when Chapter III, Section 1 is applied to the amount arrived at when all or part of the Net Loss is deducted from the previous year's taxable gross income, taxable retirement income, and taxable timber income.
その年の前年分の課税総所得金額、課税退職所得金額及び課税山林所得金額から当該純損失の金額の全部又は一部を控除した金額につき第三章第一節の規定に準じて計算した所得税の額
In a case as referred to in the preceding paragraph, if the amount of income taxes equivalent to what is arrived at when the deduction prescribed in that paragraph is made exceeds the amount of income taxes (less any Punitive Tax) on the previous year's taxable gross income, taxable retirement income, and taxable timber income, the limit of the amount for which the Resident may file a claim to be issued a refund as referred to in that paragraph is the latter amount of income taxes.
Cabinet Order makes provisions for when the amount set forth in paragraph (1), item (ii) is calculated, specifying which, among the taxable gross income, taxable retirement income, and taxable timber income referred to in the item, is the first amount from which the Net Loss is deducted; and specifying which, out of either the average taxable amount prescribed in Article 90, paragraph (3) or the amount arrived at when the average taxable amount is deducted from taxable gross income, is the first amount from which the Net Loss is deducted in the event that Article 90 (Averaging Taxation on Fluctuating Income and Ad Hoc Income) was applied in the previous year.
The provisions of paragraph (1) apply only if the Resident referred to in that paragraph filed a Blue Return for income taxes in the previous year and files a Blue Return for the relevant year by the deadline for filing it (or after the deadline for filing the return, if the district tax office director finds there to be compelling circumstances for allowing this).
If a Resident undergoes a full business transfer or closure or is affected by any other facts equivalent to this which are specified by Cabinet Order after having incurred a Net Loss in the year before that in which the day of occurrence of the relevant facts falls (this Net Loss excludes any amount deducted in the year in which that day falls pursuant to the provisions of Article 70, paragraph (1) (Deduction for Carryover of Net Loss), and excludes any amount used as the basis for calculating the amount to be refunded pursuant to Article 142, paragraph (2) (Issuance of Refunds Based on Carryback of Net Loss)), the Resident may file a claim with the competent district tax office director for the locality in which the Resident pays taxes, seeking to be issued an income tax refund in an amount equivalent to what is calculated for the Net Loss pursuant to Cabinet Order and in accordance with the provisions of paragraphs (1) through (3), by the income tax Filing Deadline for the year in which that day falls, but only if the person has filed a Blue Return for income taxes for the year before that in which that day falls and for the year before that.
居住者につき事業の全部の譲渡又は廃止その他これらに準ずる事実で政令で定めるものが生じた場合において、当該事実が生じた日の属する年の前年において生じた純損失の金額(第七十条第一項(純損失の繰越控除)の規定により同日の属する年において控除されたもの及び第百四十二条第二項(純損失の繰戻しによる還付)の規定により還付を受けるべき金額の計算の基礎となつたものを除く。)があるときは、その者は、同日の属する年の前年分及び前前年分の所得税につき青色申告書を提出している場合に限り、同日の属する年分の所得税に係る確定申告期限までに、納税地の所轄税務署長に対し、当該純損失の金額につき第一項から第三項までの規定に準じて政令で定めるところにより計算した金額に相当する所得税の還付を請求することができる。
Article 141Claim by an Heir to Be Issued a Refund Based on Carryback of Net Loss
第百四十一条(相続人等の純損失の繰戻しによる還付の請求)
If a Net Loss arises in a year for which a person is required to file a return (but only a Blue Return) as prescribed in Article 125, paragraph (1), paragraph (3), or paragraph (5) (Filing a Tax Return If the Taxpayer Has Died Partway Through the Year), the person filing the return may file a claim with the competent district tax office director for the locality in which the income taxes indicated in the return are paid, seeking to be issued an income tax refund in the amount equivalent to what is arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i), at the time of filing that return and pursuant to Cabinet Order:
the amount of income taxes calculated when Chapter III, Section 1 (Tax Rates) is applied to the previous year's taxable gross income, taxable retirement income, and taxable timber income for a Resident dying as prescribed in Article 125, paragraph (1) or paragraph (3);
the amount of income taxes calculated when Chapter III, Section 1, is applied to the amount arrived at when all or part of the Net Loss is deducted from the previous year's taxable gross income, taxable retirement income, and taxable timber income for a Resident dying as prescribed in the preceding item.
Paragraph (2) and paragraph (3) of the preceding Article apply mutatis mutandis to a case as referred to in the preceding paragraph.
Paragraph (1) applies only if the Resident dying as prescribed in item (i) of that paragraph filed a Blue Return for the previous year's income taxes and the person filing the return prescribed in that paragraph files the return by the deadline for filing it (or after the deadline for filing the return, if the district tax office director finds there to be compelling circumstances for allowing this).
If a Resident who has died incurred a Net Loss in the year prior to the one in which the date of the Resident's death falls (this Net Loss excludes any amount deducted in the year in which that date falls pursuant to Article 70, paragraph (1) (Deduction for Carryover of Net Loss), and excludes any amount used as the basis for calculating the amount to be refunded pursuant to paragraph (2) of the following Article), the Resident's heir may file a claim with the competent district tax office director for the locality in which the income taxes in the relevant year were paid pursuant to Cabinet Order, seeking to be issued a refund in an amount equivalent to what is calculated in accordance with paragraph (1) and paragraph (2) for that Net Loss, by the income tax Filing Deadline for the year in which the date of the Resident's death falls, but only if a Blue Return was filed for income taxes for the year prior to that in which the date of the Resident's death falls and the year before that.
居住者が死亡した場合において、その死亡の日の属する年の前年において生じたその者に係る純損失の金額(第七十条第一項(純損失の繰越控除)の規定により同日の属する年において控除されたもの及び次条第二項の規定により還付を受けるべき金額の計算の基礎となつたものを除く。)があるときは、その相続人は、その居住者の同日の属する年の前年分及び前前年分の所得税につき青色申告書が提出されている場合に限り、政令で定めるところにより、その居住者の同日の属する年分の所得税に係る確定申告期限までに、当該所得税の納税地の所轄税務署長に対し、当該純損失の金額につき第一項及び第二項の規定に準じて計算した金額に相当する所得税の還付を請求することができる。
Article 142Procedures for Issuing Refunds Based on Carryback of Net Loss
第百四十二条(純損失の繰戻しによる還付の手続等)
A person seeking to file a claim to be issued a refund pursuant to the provisions of the preceding two Articles must submit a paper-based claim for a refund to the district tax office director, indicating the amount of income taxes that the person seeks to have refunded, the basis for the calculation, and any other information prescribed by Ministry of Finance Order.
前二条の規定による還付の請求をしようとする者は、その還付を受けようとする所得税の額、その計算の基礎その他財務省令で定める事項を記載した還付請求書をこれらの規定に規定する税務署長に提出しなければならない。
When a paper-based claim for a refund as referred to in the preceding paragraph is submitted, the district tax office director undertakes an examination into the Net Loss forming the basis for the claim and other necessary details, and, based on the results of that examination, either issues an income tax refund within the scope of the amount sought in the claim, or notifies the filer via a paper-based notice that there are no grounds to the claim.
When the amount of Interest on a refund under the preceding paragraph is calculated, the period referred to in Article 58, paragraph (1) (Interest on Refunds) of the Act on General Rules for National Taxes which serves as the basis for the calculation is the period beginning on the day that marks three months' time since the day after the date on which the person files a claim to be issued a refund under the provisions of the preceding two Articles (or beginning on the day that marks three months' time since the day after the filing deadline, if the day on which the person files the claim to be issued a refund pursuant to the provisions of Article 140, paragraph (1) (Claim to Be Issued a Refund Based on Carryback of Net Loss) or paragraph (1) of the preceding Article is before the deadline for filing a return prescribed in these provisions) and ending on the day on which the tax-office decision to pay the refund is reached or on the day on which the refund is Appropriated to cover a required tax payment (or ending on the day on which the refund first could have been Appropriated, if this is before the date of the Appropriation).
Section 3 Blue Returns
第三節 青色申告
第百四十三条(青色申告)
A Resident conducting business that is meant to generate real property income, business income, or timber income may use a Blue Return to submit a Tax Return or to submit an Amended Return connected with a Tax Return, with the approval of the competent district tax office director for the locality in which the Resident pays taxes.
Article 144Application for Approval to File a Blue Return
第百四十四条(青色申告の承認の申請)
A Resident seeking the approval referred to in the preceding Article for income taxes in and after the current year must submit a paper-based application to the competent district tax office director for the locality in which the Resident pays taxes, indicating the classes of income from business as prescribed in that Article and giving the information prescribed by Ministry of Finance Order, by March 15 of that year (or within two months from the day on which the Resident commences business as prescribed in that Article, if the Resident commences that business on or after January 16 of the relevant year).
Article 145Denial of Applications for Approval to File a Blue Return
第百四十五条(青色申告の承認申請の却下)
If a paper-based application as referred to in the preceding Article is submitted and the facts set forth in any of the following items are present as regards the Resident submitting the paper-based application, the district tax office director may deny the application:
books and documents pertinent to income taxes in or after the current year in connection with business prescribed in Article 143 (Blue Returns) in the year for which the person seeks the approval referred to in that Article have not been kept, recorded, or kept on file in accordance with what Ministry of Finance Order prescribes as referred to in Article 148, paragraph (1) (Books and Documents of Blue Return Taxpayers);
there are adequate grounds to find the Resident has concealed or falsified all or some transactions when making entries or creating records in the books and documents prescribed in the preceding item which are kept thereby, or to find that those books or documents otherwise contain a false entry or record;
その備え付ける前号に規定する帳簿書類に取引の全部又は一部を隠ぺいし又は仮装して記載し又は記録していることその他不実の記載又は記録があると認められる相当の理由があること。
the Resident submits the paper-based application within one year after the day on which the Resident was notified as under Article 150, paragraph (2) (Rescission of Approval to File a Blue Return) or on which the Resident submitted a notification prescribed in Article 151, paragraph (1) (Ceasing to File a Blue Return).
Article 146Notice of Approval to File a Blue Return
第百四十六条(青色申告の承認等の通知)
Upon reaching a disposition approving or denying an application when a paper-based application as referred to in Article 144 (Application for Approval to File a Blue Return) has been submitted, the district tax office director must notify the Resident filing the application of this via a paper-based notice.
Article 147When a Resident Is Deemed to Receive Approval to File a Blue Return
第百四十七条(青色申告の承認があつたものとみなす場合)
If a paper-based application as referred to in Article 144 (Application for Approval to File a Blue Return) has been submitted but a disposition either approving or denying the application is not reached by December 31 of the year in which the applicant seeks the approval referred to in Article 143 (Blue Returns) for income taxes in and after the current year (or by February 15 of the next year, if the applicant commences business as prescribed in that Article on or after November 1 of the relevant year), approval is deemed to be given on that day.
Article 148Books and Documents of Blue Return Taxpayers
第百四十八条(青色申告者の帳簿書類)
A Resident that has been approved as referred to in Article 143 (Blue Returns), must keep books and documents on the business prescribed in that Article; record transactions involving real property income, business income, and timber income in them; and keep those books and documents on file; pursuant to Ministry of Finance Order.
On finding it to be necessary to do so, the competent district tax office director for the locality in which a Resident pays taxes may give any necessary instruction about those of the Resident's books and documents which are connected with the business prescribed in that Article, to a Resident that has been approved as prescribed in Article 143.
Article 149Documents That Must Accompany a Blue Return
第百四十九条(青色申告書に添附すべき書類)
A Blue Return must be accompanied by a balance sheet and profit and loss statement, and by a detailed statement as prescribed by Ministry of Finance Order showing the calculation of real property income, business income, or timber income or of the Net Loss.
Article 150Rescission of Approval to File a Blue Return
第百五十条(青色申告の承認の取消し)
If the facts set forth in any of the following items are present as regards a Resident that has been approved as referred to in Article 143 (Blue Returns), the competent district tax office director for the locality in which the Resident pays taxes may rescind the approval, retroactive to the year set forth in the relevant item. In such a case, once approval is rescinded, any Blue Return that the Resident submits for income taxes in or after the relevant year based on that approval is deemed to be a return other than a Blue Return:
the year's books and documents connected with business as prescribed in Article 143 are not kept, recorded in, or kept on file in accordance with what Ministry of Finance Order prescribes as referred to in Article 148, paragraph (1) (Books and Documents of Blue Return Taxpayers):the relevant year;
the Resident fails to follow the instructions of the district tax office director under the provisions of Article 148, paragraph (2), with regard to the year's books and documents as prescribed in the preceding item:the relevant year;
there are sufficiently adequate grounds to suspect the Resident of having concealed or falsified all or some transactions when making entries or creating records in the year's books and documents as prescribed in item (i), or to otherwise suspect the credibility of all of the information that the Resident has entered or recorded in those books and documents:the relevant year.
その年における第一号に規定する帳簿書類に取引の全部又は一部を隠ぺいし又は仮装して記載し又は記録し、その他その記載又は記録をした事項の全体についてその真実性を疑うに足りる相当の理由があること。 その年
When reaching a disposition to rescind approval as under the preceding paragraph, the district tax office director must notify the Resident referred to in that paragraph of this via a paper-based notice. In doing so, the district tax office director must append a note to the notice indicating which item of that paragraph the facts constituting the cause of the rescission fall under.
Article 151Ending Blue Return Filings
第百五十一条(青色申告の取りやめ等)
If a Resident that has been approved as referred to in Article 143 (Blue Returns) seeks to stop filing a Blue Return for income taxes in and after the current year, the Resident must submit a paper-based notification to the competent district director for the locality in which the Resident pays taxes, indicating the year in which the Resident wishes to stop filing a Blue Return and giving the information prescribed by Ministry of Finance Order, by the Filing Deadline for the income tax for the current year. In such a case, once the paper-based notification has been submitted, the approval ceases to be effective for income taxes in and after the relevant year.
If a Resident that has been approved as referred to in Article 143 transfers or discontinues the entirety of business as prescribed in that Article, the approval ceases to be effective for income taxes in and after the year subsequent to that in which the date of the transfer or discontinuance falls.