Article 61Special Provisions for Base Period for Calculation of Amount of Delinquent Tax
第六十一条（延滞税の額の計算の基礎となる期間の特例）
Where an amended return has been filed (excluding an amended return filed by a taxpayer who has evaded payment of a national tax or received a national tax refund by deception or other wrongful acts, while anticipating that a reassessment will be made of the national tax because of the examination having been conducted with regard to the national tax (referred to as a "specified amended return" in the following paragraph)) or where a reassessment has been made (excluding a reassessment made of the national tax to be paid by a taxpayer who has evaded payment of a national tax or received a national tax refund by deception or other wrongful acts (referred to as a "specified reassessment" in that paragraph)), if the case falls under any of the following items, the provisions of paragraph (2) of the preceding Article apply to the national tax payable by filing the return or based on the reassessment, with the period specified in the relevant item being deducted from the period prescribed in the paragraph:
where a return filed by the due date has been submitted for the national tax to which such amended return or reassessment pertains, and the amended return was filed or a written notice of reassessment concerning the reassessment was given after the day on which one year has elapsed from the statutory tax return due date for the national tax: the period from the day following the day on which one year has elapsed from the statutory tax return due date, until the day on which the amended return was filed or the day on which a written notice of reassessment concerning the reassessment was given; or
where a return filed after the due date was submitted for the national tax to which such amended return or reassessment pertains (including a tax return to be filed to receive payment of a refund, which is specified by Cabinet Order (hereinafter referred to as a "return of refund claim"); hereinafter the same applies in this item and the following paragraph), and the amended return was filed or a written notice of reassessment concerning the reassessment was given after the day on which one year has elapsed since the date on which the return filed after the due date was submitted: the period from the day following the day on which one year has elapsed since the date on which the return filed after the due date was submitted, until the day on which the amended return is filed or the day on which a written notice of reassessment concerning the reassessment is given.
Where an amended return has been filed or a reassessment increasing the payable tax amount (including a reassessment specified by Cabinet Order as being similar thereto; referred to as a "reassessment increasing the tax" in this paragraph) has been made, if a return filed by the due date or a return filed after the due date has been submitted for the national tax to which the return or the reassessment increasing the tax pertains, and the amended return has been filed or the reassessment increasing the tax has been made after a reassessment reducing the tax amount payable by filing the return filed by the due date or the return filed after the due date (including a reassessment specified by Cabinet Order as being similar thereto; referred to as a "reassessment reducing the tax" in this paragraph) has been made, then, notwithstanding the provisions of the preceding paragraph, the provisions of paragraph (2) of the preceding Article apply to the national tax payable by filing the amended return or based on the reassessment increasing the tax (limited to the national tax specified by Cabinet Order as the portion up to the tax amount pertaining to the return filed by the due date or the return filed after the due date (including the tax amount equivalent to the amount of a refund); the same applies hereinafter in this paragraph), with the following periods (for national tax payable by filing a specified amended return or based on a specified reassessment and any other national tax specified by Cabinet Order, limited to the period listed in item (i)) being deducted from the period prescribed in that paragraph:
修正申告書の提出又は納付すべき税額を増加させる更正（これに類するものとして政令で定める更正を含む。以下この項において「増額更正」という。）があつた場合において、その申告又は増額更正に係る国税について期限内申告書又は期限後申告書が提出されており、かつ、当該期限内申告書又は期限後申告書の提出により納付すべき税額を減少させる更正（これに類するものとして政令で定める更正を含む。以下この項において「減額更正」という。）があつた後に当該修正申告書の提出又は増額更正があつたときは、当該修正申告書の提出又は増額更正により納付すべき国税（当該期限内申告書又は期限後申告書に係る税額（還付金の額に相当する税額を含む。）に達するまでの部分として政令で定める国税に限る。以下この項において同じ。）については、前項の規定にかかわらず、前条第二項に規定する期間から次に掲げる期間（特定修正申告書の提出又は特定更正により納付すべき国税その他の政令で定める国税にあつては、第一号に掲げる期間に限る。）を控除して、同項の規定を適用する。
the period from the day following the day on which the tax amount payable by filing the return filed by the due date or the return filed after the due date was paid (if such day precedes the statutory payment due date of the national tax, the statutory payment due date) until the day on which the written notice of reassessment concerning the reassessment reducing the tax was given; and
the period from the day following the day on which the written notice of reassessment concerning the reassessment reducing the tax was given (if the reassessment reducing the tax is a reassessment based on a request for reassessment, the day on which one year has elapsed counting from the day following that day) until the day on which the amended return was filed or the written notice of reassessment concerning the reassessment increasing the tax was given.
For a national withholding tax that falls under any of the national taxes listed in the following items, the provisions of paragraph (2) of the preceding Article apply with the period specified in the relevant item being deducted from the period prescribed in that paragraph; provided, however, that this does not apply if there has been deception or any other wrongful act with regard to the failure to pay that national tax by the statutory payment due date (for the national tax listed in item (ii), limited to where it was paid in anticipation that a notice of tax payment under the provisions of Article 36, paragraph (1) (Notice of Tax Payment) would be given for that national tax because an examination had been conducted with regard to that national tax):
a national tax for which a written notice of tax payment was given after the day on which one year has elapsed from the statutory payment due date: the period from the day following the day on which one year has elapsed from the statutory payment due date until the day on which that written notice was given; and
a national tax, other than that listed in the preceding item, that was paid after the day on which one year has elapsed from the statutory payment due date: the period from the day following the day on which one year has elapsed from the statutory payment due date until the day of that payment.