An assessment and determination is made by the district director of the tax office with jurisdiction over the place for tax payment of the national tax at the time of the assessment and determination (hereinafter referred to as the "current place for tax payment" in this Article).
With regard to the penalty tax prescribed in Article 69 (Tax Items for Penalty Tax) on income tax, corporation tax, local corporation tax, inheritance tax, gift tax, land value tax, consumption tax on the transfer, etc. of a taxable asset, tax for promotion of power-resources development, or international tourist tax to be collected and paid under the provisions of Article 16, paragraph (1) (Special Collection, etc. by Domestic Business Operators) of the International Tourist Tax Act, if any of the following items applies, the district director of the tax office specified in the relevant item may, notwithstanding the provisions of the preceding paragraph, make an assessment and determination of that penalty tax on the national tax payable as a result of the reassessment or determination, or of the filing of the return filed after the due date or amended return, prescribed in that item, or on national withholding tax:
所得税、法人税、地方法人税、相続税、贈与税、地価税、課税資産の譲渡等に係る消費税、電源開発促進税又は国際観光旅客税法第十六条第一項(国内事業者による特別徴収等)の規定により徴収して納付すべき国際観光旅客税に係る第六十九条(加算税の税目)に規定する加算税については、次の各号のいずれかに該当する場合には、当該各号に定める税務署長は、前項の規定にかかわらず、当該各号に規定する更正若しくは決定若しくは期限後申告書若しくは修正申告書の提出により納付すべき国税又は源泉徴収等による国税に係る当該加算税についての賦課決定をすることができる。
where a reassessment or determination under Article 30, paragraph (2) (Competent Agency for Reassessment or Determination) has been made: the district director of the tax office who made the reassessment or determination;
where the place for tax payment of the national tax has changed after a reassessment, or a determination under the provisions of Article 25 (Determination) other than one prescribed in the preceding item, has been made or after a return filed after the due date or an amended return has been filed (where the provisions of Article 21, paragraph (2) (Place for Filing Tax Returns, etc.) apply, after the return has been sent under the provisions of paragraph (3) of that Article), or where the place for tax payment of national withholding tax has changed on or after the time when the tax amount payable for it was determined, and the district director of the tax office with jurisdiction over a place for tax payment involved in the change other than the current place for tax payment (hereinafter referred to as the "former place for tax payment" in this item) is not aware of the change or cannot ascertain the place for tax payment after the change, and there are unavoidable circumstances for not being aware of it or not being able to ascertain it: the district director of the tax office with jurisdiction over the former place for tax payment.
更正若しくは第二十五条(決定)の規定による決定で前号に規定するもの以外のもの若しくは期限後申告書若しくは修正申告書の提出(第二十一条第二項(納税申告書の提出先等)の規定に該当する場合にあつては、同条第三項の規定による当該申告書の送付)があつた後に当該国税の納税地に異動があつた場合又は源泉徴収等による国税につき納付すべき税額が確定した時以後に当該国税の納税地に異動があつた場合において、これらの異動に係る納税地で現在の納税地以外のもの(以下この号において「旧納税地」という。)を所轄する税務署長においてその異動の事実が知れず、又はその異動後の納税地が判明せず、かつ、その知れないこと又は判明しないことにつきやむを得ない事情があるとき 旧納税地を所轄する税務署長
Notwithstanding the provisions of paragraph (1), an assessment and determination of consumption tax, etc. on goods received from a bonded area that is subject to the official assessment system or any other consumption tax, etc. to be collected by the director-general of the customs house, or of penalty tax for non-payment or of the heavy penalty tax under Article 68, paragraph (3) or (4) (limited to the part concerning the heavy penalty tax under paragraph (3) of that Article) (Heavy Penalty Tax) on international tourist tax to be collected and paid under the provisions of Article 17, paragraph (1) (Special Collection, etc. by Foreign Business Operators) of the International Tourist Tax Act, is made by the director-general of the customs house with jurisdiction over the place for tax payment of those national taxes. In this case, for the purpose of applying the provisions of the preceding two Articles, the term "district director of the tax office" in those provisions is deemed to be replaced with "director-general of the customs house"; the phrase "after the due date for filing a tax basis return (for a national tax for which the filing of a tax basis return is not required, after the time when its tax liability is established), in accordance with the following" in the part of paragraph (1) of the preceding Article other than the items is deemed to be replaced with "in accordance with the following"; and the term "tax amount payable" in paragraph (1), items (ii) and (iii), paragraphs (2) and (3), and paragraph (4), items (i) and (ii) of that Article is deemed to be replaced with "tax amount, etc.".
保税地域からの引取りに係る消費税等で賦課課税方式によるものその他税関長が徴収すべき消費税等又は国際観光旅客税法第十七条第一項(国外事業者による特別徴収等)の規定により徴収して納付すべき国際観光旅客税に係る不納付加算税若しくは第六十八条第三項若しくは第四項(同条第三項の重加算税に係る部分に限る。)(重加算税)の重加算税についての賦課決定は、第一項の規定にかかわらず、これらの国税の納税地を所轄する税関長が行う。この場合においては、前二条の規定の適用については、これらの規定中「税務署長」とあるのは「税関長」と、前条第一項各号列記以外の部分中「課税標準申告書を提出すべき期限(課税標準申告書の提出を要しない国税については、その納税義務の成立の時)後に、次の」とあるのは「次の」と、同条第一項第二号及び第三号、第二項、第三項並びに第四項第一号及び第二号中「納付すべき税額」とあるのは「税額等」とする。
Where the director-general of the customs house makes an assessment and determination under the provisions of the preceding paragraph, if the assessment and determination concerns consumption tax to be collected immediately under the provisions of Article 8, paragraph (6) (Tax Exemption for Transfer of Export Goods at Export Goods Retail Shops) of the Consumption Tax Act, or in any other case specified by Cabinet Order, the director-general may have the relevant official give notice of the assessment and determination orally, in lieu of serving the written notice of assessment and determination or written notice of tax payment under the provisions of paragraph (3) or (4) of the preceding Article as applied following the replacement of terms under the preceding paragraph.
Read this with the articles around it
national taxmachine translation
「国税」
A tax imposed by the national government, other than customs duty, tonnage tax, special tonnage tax, the forest environment tax and the special corporate business tax.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
national withholding taxmachine translation
「源泉徴収等による国税」
Income tax collected by withholding (源泉徴収) and the international tourist tax (国際観光旅客税) that international passenger carriers collect from departing travellers and pay to the State, not counting the accessory tax (附帯税) on them.
Defined inArticle 2, paragraph (1), item (ii)· applies throughout the law
consumption tax, etc.machine translation
「消費税等」
Consumption tax, liquor tax, tobacco tax, gasoline tax, local gasoline tax, liquefied petroleum gas tax and petroleum and coal tax.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
tax return
「納税申告書」
A return filed under the national tax laws for a self-assessed national tax (申告納税方式), stating the tax basis, the tax payable, losses carried forward or back, a refund or similar items, including a return filed to claim a refund.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
consumption tax on the transfer, etc. of a taxable assetmachine translation
「課税資産の譲渡等に係る消費税」
Consumption tax charged on transfers and leases of assets and supplies of services made as a business for payment that are not exempt (課税資産の譲渡等), other than specified supplies (特定資産の譲渡等), and on specified taxable purchases (特定課税仕入れ) — as distinct from the consumption tax on goods taken out of a bonded area.
Short name set inArticle 2, paragraph (1), item (ix)
bonded areamachine translation
「保税地域」
An area of one of the five kinds listed in Article 29 of the Customs Act — designated bonded areas, bonded warehouses, bonded factories, bonded exhibition sites and integrated bonded areas; this Act deals with the consumption tax, etc. (消費税等) charged on goods taken out of such an area.
Defined inArticle 9-3, paragraph (1), item (i)
tax liabilitymachine translation
「納税義務」
The obligation to pay a national tax — or, for national withholding tax (源泉徴収等による国税), to collect it and pay it to the State.
Short name set inArticle 15, paragraph (1)
tax amount, etc.machine translation
「税額等」
The tax amounts in a tax return listed in Article 2, item (vi)(d) to (f): the tax payable, the tax equal to a refund, and the amounts deducted or used in calculating them.
Defined inArticle 19, paragraph (1)
reassessment or determinationmachine translation
「更正又は決定」
A reassessment (更正) or determination (決定) under Articles 24 to 26 — the tax office director correcting a filed return, or fixing the tax of someone who should have filed but did not — which is made by serving a written notice of reassessment or determination.
Short name set inArticle 28, paragraph (1)
reassessmentmachine translation
「更正」
From Article 29 to Article 72, a reassessment under Article 24 or Article 26: the tax office director's (税務署長) correction, based on an investigation, of the tax base or tax amount stated in a tax return, or of one set by an earlier reassessment or determination (決定).
Short name set inArticle 29, paragraph (1)· applies only in this provision and in Articles 29 to 72
tax basis returnmachine translation
「課税標準申告書」
The return stating the tax basis that a taxpayer of a national tax assessed by the tax office (賦課課税方式) must file with the tax office by its deadline under Article 31, paragraph (1).
Short name set inArticle 31, paragraph (2)
assessment and determination
「賦課決定」
A determination by the tax office director under Article 32 fixing the tax basis and the tax payable for a national tax assessed by the tax office (賦課課税方式), such as a penalty tax.
Short name set inArticle 32, paragraph (5)
current place for tax paymentmachine translation
「現在の納税地」
The place for tax payment (納税地) at the time something is done — a return filed, a reassessment, determination or assessment made, tax collected, or a request for reinvestigation made — whose tax authority is the one that deals with it.
Short name set inArticle 33, paragraph (1)· applies only in this article
former place for tax paymentmachine translation
「旧納税地」
A taxpayer's place for tax payment (納税地) before it moved, whose tax authority may in some cases still act: under Articles 30, 33 and 43, where for unavoidable reasons it did not know of the move or the new place, it may still reassess, assess or collect the tax, and under Article 74-2, paragraph (5), its officials may carry on an examination already notified.
Short name set inArticle 33, paragraph (2), item (ii)· applies only in this item
director-general of a customs house
税関長
The head of a customs house (税関), a local office of the Ministry of Finance (Act for Establishment of the Ministry of Finance, Article 12, paragraph (1)). A customs house collects customs duties and controls imported and exported goods (Article 16, paragraph (1), with Article 4, paragraph (1), items 25 and 26), and it also levies and collects the internal taxes (内国税, taxes other than customs duties, such as consumption tax) that a law puts in its hands (Article 16, paragraph (1), item (iv)). For consumption tax that means taxable goods (課税貨物) taken out of a bonded area (保税地域, a zone where imported goods are held before customs clearance): unless another law or a treaty exempts them, the person taking them out files the return with the director-general of a customs house, not with a tax office (Consumption Tax Act, Article 47, paragraphs (1) and (2)), and where the customs authorities fix the tax themselves, that director-general collects it when the goods are taken out (Article 50, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 4, 12, 16 and Consumption Tax Act, Arts. 47, 50 as a reference.
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 as a reference.