If a person who has received permission for payment in kind under paragraph (1) of the preceding Article intends to receive approval of the withdrawal of payment in kind under that paragraph, the district director may, upon an application of the person who received that permission for payment in kind, grant permission to defer payment of the amount of inheritance tax subject to that withdrawal, up to the amount specified by Cabinet Order as the amount of that inheritance tax that it is difficult to pay in a lump sum in money.
A person who intends to apply for permission to defer payment under the preceding paragraph must submit to the competent district director with jurisdiction over the place for tax payment, at the same time as the submission of the written application for withdrawal of payment in kind under paragraph (2) of the preceding Article, a written application stating the amount of inheritance tax subject to that withdrawal and other particulars specified by Ministry of Finance Order, with documents for provision of security attached.
If a written application has been submitted pursuant to the preceding paragraph, the district director is to investigate whether the applicant and the matters concerning the application fall under paragraph (1) of the preceding Article and the preceding two paragraphs, except where rejecting the application for withdrawal of payment in kind that is the basis of the application, and, based on that investigation, is to grant permission to defer payment concerning the withdrawal of payment in kind, for all or part of the tax amount subject to the application, on the conditions subject to the application or on conditions modified from them, or reject the application, within three months from the day following the deadline for filing the written application; provided, however, that if the district director grants that permission to defer payment and finds that the security the applicant intends to provide is not appropriate, the district director may request a change of it.
When granting permission to defer payment under the preceding paragraph, the district director must grant it by deferment in annual installments within the deferment period not yet elapsed, up to the amount that is difficult to pay in a lump sum in money out of the amount subject to deferment not yet due.
税務署長は、前項の延納の許可をする場合には、未経過延納税額のうち金銭で一時に納付することを困難とする金額を限度として、未経過延納期間内の年賦延納により許可をしなければならない。
The amount subject to deferment not yet due in the preceding paragraph means the total of those annual installment amounts, among the respective annual installment amounts on the assumption that permission to defer payment under Article 38, paragraph (1) had been granted on the due date for payment or the date of payment of the inheritance tax subject to the withdrawal of payment in kind, for which the payment deadline will arrive after the day on which the withdrawal of payment in kind is approved (referred to as "annual deferred payment amount not yet due" in the following paragraph); and the deferment period not yet elapsed in the preceding paragraph means, of the deferment period on the assumption that that permission to defer payment had been granted for that inheritance tax on its due date for payment or date of payment, the period after the day on which the withdrawal of payment in kind is approved; provided, however, that the proportion that the value of real property, etc. accounts for in the value of taxable inherited property pertaining to that inheritance tax is to be calculated on the basis of the value of the property that was the basis for calculating the amount of inheritance tax for which the tax amount to be paid has been finalized by the time the withdrawal of payment in kind is approved.
前項の未経過延納税額とは、物納の撤回に係る相続税につきその納期限又は納付すべき日に第三十八条第一項の規定による延納の許可があつたものとした場合における各延納年割額のうち、物納の撤回の承認をする日後に納付の期限が到来することとなる延納年割額(次項において「未経過延納年割額」という。)の合計額をいい、前項の未経過延納期間とは、当該相続税につきその納期限又は納付すべき日に当該延納の許可があつたものとした場合における延納期間のうち、物納の撤回の承認をする日後の期間をいう。ただし、当該相続税に係る課税相続財産の価額のうちに不動産等の価額が占める割合は、当該物納の撤回の承認をする時までに納付すべき税額の確定した相続税額の計算の基礎となつた財産の価額を基準として計算するものとする。
The annual installment amounts and their due dates for payment in the case of granting permission to defer payment pursuant to paragraph (3) are to be the annual deferred payment amounts not yet due and their due dates for payment pertaining to that deferment. In this case, if the amount subject to deferment or the deferment period for which permission is granted falls short of the amount subject to deferment not yet due or the deferment period not yet elapsed prescribed in the preceding paragraph, the annual installment amounts are to be the amounts calculated in accordance with Article 38, paragraph (2) according to that amount subject to deferment and that deferment period.
In the case referred to in paragraph (3), if the district director has requested, pursuant to paragraph (4) of the preceding Article, the addition of the unsuitable property prescribed in that paragraph to the property subject to the application for withdrawal of payment in kind, the district director may grant permission to defer payment under paragraph (3), or reject the application to defer payment, after the applicant adds the unsuitable property to that property. In this case, with regard to the application of that paragraph, the phrase "three months from the day following the deadline for filing the written application" in that paragraph is deemed to be replaced with "two months from the day following the day on which the notice under paragraph (6) of the preceding Article was issued (or, if there is a day designated by the district director under paragraph (7) of that Article, one month from the day following that day)".
In the case referred to in paragraph (3), if, among the inheritance tax subject to the withdrawal of payment in kind, there is inheritance tax to be paid in a lump sum in money or beneficial expenses under paragraph (9) of the preceding Article to be paid, the district director may grant permission to defer payment under paragraph (3), or reject the application to defer payment, after that inheritance tax and those beneficial expenses are paid in full within one month from the day following the day on which the notice under paragraph (10) of that Article was issued. In this case, with regard to the application of paragraph (3), the phrase "three months from the day following the deadline for filing the written application" in that paragraph is deemed to be replaced with "two months from the day following the day on which the notice under paragraph (10) of that Article was issued".
If the district director has granted permission to defer payment pursuant to paragraph (3), the district director is to notify the applicant of that fact and the amount subject to deferment and the conditions of deferment pertaining to that permission, stating them together in the document under paragraph (6) of the preceding Article by which the withdrawal of payment in kind is approved; and if the district director has rejected the application to defer payment pursuant to paragraph (3), the district director is to notify the applicant of it by a document stating that fact and the reason.
If an application to defer payment under paragraph (2) has been made, and the application for withdrawal of payment in kind that is its basis has been rejected or withdrawn, or is deemed to have been withdrawn pursuant to paragraph (7) or (10) of the preceding Article, the application to defer payment is also deemed to have been rejected or withdrawn.
The provisions of Article 38, paragraph (4), Article 39, paragraphs (4) through (28) and paragraphs (30) through (33), and Article 40, paragraphs (2) and (3) apply mutatis mutandis to deferment of payment concerning the withdrawal of payment in kind. In this case, the necessary technical replacement of terms is specified by Cabinet Order.
第三十八条第四項、第三十九条第四項から第二十八項まで及び第三十項から第三十三項まで並びに第四十条第二項及び第三項の規定は、物納の撤回に係る延納について準用する。この場合において、必要な技術的読替えは、政令で定める。
Article 48Rescission of Permission for Payment in Kind
第四十八条(物納の許可の取消し)
In the case where the district director has granted permission for payment in kind with conditions attached (limited to conditions requiring the performance of certain matters concerning the property for payment in kind) pursuant to Article 42, paragraph (30) (including as applied mutatis mutandis pursuant to Article 45, paragraph (2); the same applies hereinafter in this paragraph through paragraph (3)), if the district director requires the performance of those certain matters, the district director notifies the applicant under Article 42, paragraph (30), by a document stating that the performance of those certain matters is required and other matters specified by Ministry of Finance Order, with a deadline set in accordance with those conditions.
If the certain matters referred to in the preceding paragraph have not been performed by the deadline referred to in that paragraph, the district director may revoke the permission for payment in kind under paragraph (2) of that Article (including as applied mutatis mutandis pursuant to Article 45, paragraph (2)), only where the district director has given the notice under the preceding paragraph by the day on which five years elapse counting from the day following the day on which the notice under Article 42, paragraph (30) was given.
In the case where the district director has revoked permission for payment in kind pursuant to the preceding paragraph, the district director notifies the applicant under Article 42, paragraph (30), by a document stating that fact and the reasons for it.
Matters necessary for the application of the provisions of this Act, the Act on General Rules for National Taxes and other laws and regulations in the case where permission for payment in kind has been revoked pursuant to paragraph (2) are prescribed by Cabinet Order.
Article 48-2Payment in Kind Pertaining to Specified Amounts Subject to Deferment
第四十八条の二(特定の延納税額に係る物納)
In the case where, with respect to a person who has received permission to defer payment under Article 38, paragraph (1) or Article 44, paragraph (1), a cause arises that makes it difficult to pay in money the remaining amount obtained by deducting the installment payments whose due date for payment has arrived from the amount subject to deferment under Article 38, paragraph (1) (including as applied mutatis mutandis pursuant to Article 44, paragraph (2)) (referred to as the "tax amount eligible for specified payment in kind" in this Article), even by deferment on the conditions changed pursuant to Article 39, paragraph (30) (including as applied mutatis mutandis pursuant to Article 44, paragraph (2)), the district director may, upon application by that person, grant permission for payment in kind, within the limit of the amount specified by Cabinet Order as the amount for which payment is difficult, out of the tax amount eligible for specified payment in kind.
A person who intends to obtain permission for payment in kind under the preceding paragraph (referred to as "specified payment in kind" in this Article) must, by the day on which 10 years elapse counting from the day following the filing deadline for the inheritance tax pertaining to that specified payment in kind, submit to the competent district director with jurisdiction over the place for tax payment a written application stating the tax amount eligible for specified payment in kind, the amount for which payment in money is difficult and the cause of that difficulty, the tax amount for which permission for specified payment in kind is sought, and other matters specified by Ministry of Finance Order, with the documents for payment in kind procedures attached.
When a written application under the preceding paragraph has been submitted, the district director conducts an investigation as to whether the applicant and the matters pertaining to the application fall under the provisions of paragraph (1) and the provisions of Article 41, paragraph (1), latter part and paragraphs (2) through (5) of that Article as applied mutatis mutandis pursuant to paragraph (6), and, based on that investigation, within three months counting from the day following the day on which the application was submitted, either grants permission for that specified payment in kind, for each item of property pertaining to that specified payment in kind, for all or part of the tax amount for which permission for specified payment in kind is sought in the application, or rejects the application.
Where a written application under paragraph (2) has been submitted, the due date for payment of an installment payment, out of the tax amount for which permission for specified payment in kind is sought in that application, whose installment payment due date falls between the day of that submission and the day set forth in each of the following items, is extended to the day prescribed in the relevant item:
the day on which the application is rejected pursuant to the preceding paragraph, the day on which the application is deemed to have been withdrawn pursuant to Article 42, paragraph (10) as applied mutatis mutandis pursuant to paragraph (6), or the day on which the applicant withdraws the application of their own accord: the day on which one month elapses counting from the day following those days;
the day on which payment of inheritance tax is deemed to have been made pursuant to Article 43, paragraph (2) as applied mutatis mutandis pursuant to paragraph (6): the day on which that payment is deemed to have been made.
The accepted value of property pertaining to specified payment in kind is the value at the time of the application pertaining to that specified payment in kind; provided, however, that if a significant change has arisen in the condition of that property by the time of acceptance, the district director may determine the accepted value of that property according to its actual condition at the time of acceptance.
特定物納に係る財産の収納価額は、当該特定物納に係る申請の時の価額による。ただし、税務署長は、収納の時までに当該財産の状況に著しい変化が生じたときは、収納の時の現況により当該財産の収納価額を定めることができる。
The provisions of Article 41, paragraph (1), latter part and paragraphs (2) through (5) of that Article, Article 42, paragraph (3), paragraphs (8) through (10), paragraph (14) and paragraphs (16) through (31), Article 43, paragraphs (2) through (7), and the preceding Article apply mutatis mutandis to specified payment in kind under the preceding paragraphs. In this case, necessary technical replacement of terms is prescribed by Cabinet Order.
第四十一条第一項後段及び第二項から第五項まで、第四十二条第三項、第八項から第十項まで、第十四項及び第十六項から第三十一項まで、第四十三条第二項から第七項まで並びに前条の規定は、前各項の規定による特定物納について準用する。この場合において、必要な技術的読替えは、政令で定める。
In addition to what is prescribed in the preceding paragraphs, matters necessary for specified payment in kind are prescribed by Cabinet Order.
Article 48-3Taking Over of Affairs Concerning Deferment or Payment in Kind
第四十八条の三(延納又は物納に関する事務の引継ぎ)
With regard to the application of the provisions of this Chapter in the case where a regional commissioner has taken over affairs concerning deferment or payment in kind pursuant to Article 43, paragraph (3) (Competent Agency for Collection of National Taxes) of the Act on General Rules for National Taxes, the term "district director" in that Chapter is deemed to be replaced with "regional commissioner".
国税通則法第四十三条第三項(国税の徴収の所轄庁)の規定により国税局長が延納又は物納に関する事務の引継ぎを受けた場合におけるこの章の規定の適用については、同章中「税務署長」とあるのは、「国税局長」とする。