Article 72-41Reassessment and Determination of Income Levy, etc. Based on Investigation by Prefectural Governor
第七十二条の四十一(道府県知事の調査による所得割等の更正及び決定)
Where a corporation conducting an electricity supply business, gas supply business, insurance business or trade insurance business, a group tax sharing corporation (for a group tax sharing subsidiary corporation, limited to one whose business year ends on the last day of the business year of the group tax sharing parent corporation of that group tax sharing subsidiary corporation; the same applies in item (ii)), a medical care corporation or federation of agricultural cooperatives to which Article 72-23, paragraph (2) applies, a corporation to which Article 72-24 applies, a corporation on which no corporation tax is imposed, or a corporation conducting both a business on which enterprise tax is not imposed and another business has submitted a return or an amended return, and the revenue or income, or the revenue levy amount or income levy amount, pertaining to that filing or amended return differs from what the prefectural governor has found by investigation, the governor is to reassess what is specified in each of the following items for the category of corporation set forth in that item.
道府県知事は、電気供給業、ガス供給業、保険業若しくは貿易保険業を行う法人、通算法人(通算子法人にあつては、当該通算子法人の事業年度が当該通算子法人に係る通算親法人の事業年度終了の日に終了するものに限る。第二号において同じ。)、第七十二条の二十三第二項の規定の適用を受ける医療法人若しくは農業協同組合連合会、第七十二条の二十四の規定の適用を受ける法人、法人税が課されない法人又は事業税を課されない事業とその他の事業とを併せて行う法人が申告書又は修正申告書を提出した場合において、当該申告又は修正申告に係る収入金額若しくは所得又は収入割額若しくは所得割額がその調査したところと異なるときは、次の各号に掲げる法人の区分に応じ、それぞれ当該各号に定めるものを更正するものとする。
corporations other than those listed in the following item: the revenue or income, or the revenue levy amount or income levy amount;
次号に掲げる法人以外の法人 収入金額若しくは所得又は収入割額若しくは所得割額
among corporations conducting a retail electricity business, etc., power generation business, etc. or specified wholesale supply business, a corporation other than a group tax sharing corporation, a medical care corporation or federation of agricultural cooperatives to which Article 72-23, paragraph (2) applies, a corporation to which Article 72-24 applies, a corporation on which no corporation tax is imposed, a corporation conducting both a business on which enterprise tax is not imposed and another business, or a corporation conducting both a retail electricity business, etc., power generation business, etc. or specified wholesale supply business and another business: the revenue or the revenue levy amount.
Where a corporation referred to in the preceding paragraph has not submitted a return (excluding the case where a return is deemed to have been submitted under Article 72-26, paragraph (5)), the prefectural governor is to determine, based on the governor's investigation, the revenue or income and the revenue levy amount or income levy amount.
道府県知事は、前項の法人が申告書を提出しなかつた場合(第七十二条の二十六第五項の規定により申告書の提出があつたものとみなされる場合を除く。)においては、その調査によつて、収入金額又は所得及び収入割額又は所得割額を決定するものとする。
Where the prefectural governor learns that there is an excess or shortfall in the revenue or income, or the revenue levy amount or income levy amount, reassessed under paragraph (1) or this paragraph or determined under the preceding paragraph, the governor is to reassess it based on the governor's investigation.
Where the income or revenue for each business year stated in a return submitted by a corporation referred to in paragraph (1) under Article 72-25, 72-28 or 72-29 exceeds the income or revenue that should be taken as the tax base for that business year, and part of the excess amount is based on fictitious accounting of facts, the prefectural governor may refrain from reassessing the income levy or revenue levy for that business year until the corporation has made accounting corrections regarding those facts in its finalized accounts for a business year after that business year and has submitted a return based on those accounts.
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retail electricity business, etc.machine translation
「小売電気事業等」
A retail electricity business (小売電気事業) under Article 2, paragraph 1, item 2 of the Electricity Business Act, together with businesses similar to it that an Order of the Ministry of Internal Affairs and Communications (総務省令) specifies.
Short name set inArticle 72-2, paragraph (1), item (iii)· applies only in this section
specified wholesale supply businessmachine translation
「特定卸供給事業」
Specified wholesale supply business as defined in Article 2, paragraph 1, item 15-3 of the Electricity Business Act, one of the electricity supply businesses whose enterprise tax (事業税) Article 72-2, paragraph 1, item 3 sets as including the revenue levy (収入割).
Short name set inArticle 72-2, paragraph (1), item (iii)· applies only in this section
power generation business, etc.machine translation
「発電事業等」
For the enterprise tax (事業税), a power generation business as defined in Article 2, paragraph 1, item 14 of the Electricity Business Act, or a business an Order of the Ministry of Internal Affairs and Communications (総務省令) treats as one; a corporation carrying it on is taxed on revenue together with, as the case may be, added value and capital, or income.
Short name set inArticle 72-2, paragraph (1), item (iii)· applies only in this section
business yearmachine translation
「事業年度」
In the section on enterprise tax (事業税), a business year set by laws and regulations, articles of incorporation, acts of endowment, rules or by-laws, or a similar period, or, for a corporation with none, a period set as paragraphs 2 and 3 of Article 72-13 provide.
Defined inArticle 72-13, paragraph (1)· applies only in this section
group tax sharing parent corporationmachine translation
「通算親法人」
A group tax sharing parent corporation as defined in Article 2, item 12-6-7 of the Corporation Tax Act: the parent corporation (親法人) described in Article 64-9, paragraph 1 of that Act that has received the approval of the Commissioner of the National Tax Agency (国税庁長官) under that paragraph.
Defined inArticle 72-13, paragraph (6)· applies only in this section
group tax sharing subsidiary corporationmachine translation
「通算子法人」
A group tax sharing subsidiary corporation as defined in Article 2, item 12-7 of the Corporation Tax Act: another domestic corporation described in Article 64-9, paragraph 2 of that Act that has received the approval under paragraph 1 of that Article.
Defined inArticle 72-13, paragraph (7)· applies only in this section
group tax sharing corporationmachine translation
「通算法人」
A group tax sharing corporation as defined in Article 2, item (xii)-7-2 of the Corporation Tax Act: a parent corporation (通算親法人), or a domestic corporation wholly controlled by it (通算子法人), that has the approval of the Commissioner of the National Tax Agency (国税庁長官) under Article 64-9, paragraph (1) of that Act to be taxed under the group tax sharing rules.
Defined inArticle 72-25, paragraph (4)· applies only in this section
amended returnmachine translation
「修正申告書」
In the subsection on electronic filing by specified corporations (特定法人) that Article 72-32 opens, an amended return of the corporate enterprise tax (事業税) under Article 72-31, paragraph 2 or 3: one filed where the tax base or tax shown was too low, or within one month after the national tax office corrects or determines the corporation tax base.
Short name set inArticle 72-32, paragraph (1)· applies only in this subsection
returnmachine translation
「申告書」
From Article 72-32 to the end of its subsection on corporations' enterprise tax (事業税), the returns under Articles 72-25, 72-26, 72-28 and 72-29.
Short name set inArticle 72-32, paragraph (1)· applies only in this subsection