Article 33-2Refund of the Amount of Gift Tax Relating to Settlement Taxation at Inheritance

①Where there is an amount equivalent to the amount of gift tax on property subject to the application of the provisions of Article 21-9, paragraph (3) that is deducted from the amount of inheritance tax pursuant to the provisions of Articles 21-15 through 21-18 (being the amount before the deduction under the provisions of Article 21-8, and excluding the amounts of tax equivalent to delinquent tax, interest tax, penalty tax for understatement, penalty tax for failure to file, and heavy penalty tax), and there is an amount that could not be fully deducted even after deducting that amount from that amount of inheritance tax, the district director is to refund the amount of tax equivalent to the amount that could not be fully deducted as stated in the return referred to in Article 27, paragraph (3) (where the person has received the application of the provisions of Article 21-8 with respect to the gift tax on property subject to the application of the provisions of Article 21-9, paragraph (3), the balance remaining after deducting from that amount the amount deducted pursuant to the provisions of that Article).

②Where interest on a refund is calculated for a refund under the provisions of the preceding paragraph, the period under Article 58, paragraph (1) (Interest on Refund) of the Act on General Rules for National Taxes that forms the basis of that calculation is, according to the category of cases set out in the following items, the period from the day following the day specified in the relevant item until the day on which the decision on payment for that refund is made or the day on which the refund is applied to an outstanding amount (where there is a day before that day on which it became suitable to apply it, that day).

③The "base date" in the preceding paragraph means the day on which 10 months have passed from the day following the day on which the commencement of the succession occurred with respect to the decedent relating to the return referred to in paragraph (1).

④The provisions of paragraph (1) apply only where the return referred to in Article 27, paragraph (3) has been filed.

⑤Where a determination under Article 25 (Determination) of the Act on General Rules for National Taxes has been made on inheritance tax relating to property acquired by gift by a person electing settlement taxation at inheritance that is subject to the application of the provisions of Article 21-9, paragraph (3), if there is an amount that could not be fully deducted as prescribed in paragraph (1) relating to that determination, the district director is to refund to that person electing settlement taxation at inheritance the amount of tax equivalent to that amount.

⑦Where interest on a refund is calculated for a refund under the provisions of the preceding two paragraphs, the period under Article 58, paragraph (1) of the Act on General Rules for National Taxes that forms the basis of that calculation is, according to the category of refunds set out in the following items, the period from the day following the day specified in the relevant item until the day on which the decision on payment for that refund is made or the day on which the refund is applied to an outstanding amount (where there is a day before that day on which it became suitable to apply it, that day).

⑧In addition to what is provided for in the preceding paragraphs, the method of appropriating a refund under the provisions of paragraph (1), (5) or (6) (including interest on a refund relating thereto) and any other matters necessary for the application of those provisions are specified by Cabinet Order.