Article 63Exemption from Delinquent Tax in the Case of Tax Payment Grace Period, etc.
第六十三条(納税の猶予等の場合の延滞税の免除)
If a tax payment grace period has been granted under the provisions of Article 46, paragraph (1) or paragraph (2), item (i), (ii) or (v) (limited to the part concerning facts similar to facts that fall under item (i) or (ii) of that paragraph) (Tax Payment Grace Period due to a Disaster, etc.) (hereinafter referred to as a "tax payment grace period due to a disaster, etc." in this paragraph) or the execution of the delinquent tax collection procedure has been suspended under the provisions of Article 153, paragraph (1) (Suspension of Delinquent Tax Collection Procedure) of the National Tax Collection Act, or if a tax payment grace period has been granted under the provisions of Article 46, paragraph (2), item (iii), (iv) or (v) (limited to the part concerning facts similar to facts that fall under item (iii) or (iv) of that paragraph) or paragraph (3) (hereinafter referred to as a "tax payment grace period due to discontinuance of business, etc." in this paragraph) or a grace period for realization has been granted under the provisions of Article 151, paragraph (1) or Article 151-2, paragraph (1) (Requirements for Grace Period for Realization) of that Act, then, of the delinquent tax on the national tax for which the grace period has been granted or the execution has been suspended, the amount equivalent to the amount of the portion corresponding to the period of the tax payment grace period due to a disaster, etc. or of that suspension of execution, or the amount equivalent to one half of the amount of the portion corresponding to the period of the tax payment grace period due to discontinuance of business, etc. or of that grace period for realization (limited to the period after the day on which two months have elapsed from the day following the due date for payment of that national tax), respectively, is exempted; provided, however, that if a fact has arisen that would be grounds for revocation under the provisions of Article 49, paragraph (1) (Revocation of Tax Payment Grace Period) (including as applied mutatis mutandis pursuant to Article 152, paragraph (3) or (4) (Installment Payment, Notice, etc. concerning Grace Period for Realization) of that Act) or Article 154, paragraph (1) (Revocation of Suspension of Delinquent Tax Collection Procedure) of that Act, the regional commissioner, district director or director-general of a customs house may decline to grant the exemption for the amount of the portion corresponding to the period on and after the day on which that fact arose.
第四十六条第一項若しくは第二項第一号、第二号若しくは第五号(同項第一号又は第二号に該当する事実に類する事実に係る部分に限る。)(災害等による納税の猶予)の規定による納税の猶予(以下この項において「災害等による納税の猶予」という。)若しくは国税徴収法第百五十三条第一項(滞納処分の停止)の規定による滞納処分の執行の停止をした場合又は第四十六条第二項第三号、第四号若しくは第五号(同項第三号又は第四号に該当する事実に類する事実に係る部分に限る。)若しくは第三項の規定による納税の猶予(以下この項において「事業の廃止等による納税の猶予」という。)若しくは同法第百五十一条第一項若しくは第百五十一条の二第一項(換価の猶予の要件等)の規定による換価の猶予をした場合には、その猶予又は停止をした国税に係る延滞税のうち、それぞれ、その災害等による納税の猶予若しくは当該執行の停止をした期間に対応する部分の金額に相当する金額又はその事業の廃止等による納税の猶予若しくは当該換価の猶予をした期間(当該国税の納期限の翌日から二月を経過する日後の期間に限る。)に対応する部分の金額の二分の一に相当する金額は、免除する。ただし、第四十九条第一項(納税の猶予の取消し)(同法第百五十二条第三項又は第四項(換価の猶予に係る分割納付、通知等)において準用する場合を含む。)又は同法第百五十四条第一項(滞納処分の停止の取消し)の規定による取消しの基因となるべき事実が生じた場合には、その生じた日以後の期間に対応する部分の金額については、国税局長、税務署長又は税関長は、その免除をしないことができる。
If the due date for payment of a national tax has been extended under the provisions of Article 11 (Extension of Time Limits), the amount of the portion of the delinquent tax on that national tax corresponding to the period of that extension is exempted.
Where a tax payment grace period or a grace period for realization under the provisions of Article 151, paragraph (1) or Article 151-2, paragraph (1) of the National Tax Collection Act has been granted, if the taxpayer falls under any of the following items, the regional commissioner, district director or director-general of a customs house may exempt the delinquent tax on the national tax for which the grace period has been granted (excluding the portion exempted under the provisions of the preceding two paragraphs; the same applies hereinafter in this paragraph), up to the amount of the portion corresponding to the grace period (including, if the regional commissioner, district director or director-general of a customs house finds that there are unavoidable reasons for the failure to pay that national tax within that period, the period from the day following the last day of the grace period until the day on which those unavoidable reasons ceased) that is found to be difficult to pay:
納税の猶予又は国税徴収法第百五十一条第一項若しくは第百五十一条の二第一項の規定による換価の猶予をした場合において、納税者が次の各号のいずれかに該当するときは、国税局長、税務署長又は税関長は、その猶予をした国税に係る延滞税(前二項の規定による免除に係る部分を除く。以下この項において同じ。)につき、猶予をした期間(当該国税を当該期間内に納付しなかつたことについてやむを得ない理由があると国税局長、税務署長又は税関長が認める場合には、猶予の期限の翌日から当該やむを得ない理由がやんだ日までの期間を含む。)に対応する部分の金額でその納付が困難と認められるものを限度として、免除することができる。
where the state of the taxpayer's property is extremely poor, and it is found that it would become extremely difficult for the taxpayer to continue their business or maintain their livelihood unless local taxes, public charges or debts whose payment period or due date for performance has arrived are reduced or exempted, and such reduction or exemption has been granted; or
納税者の財産の状況が著しく不良で、納期又は弁済期の到来した地方税若しくは公課又は債務について軽減又は免除をしなければ、その事業の継続又は生活の維持が著しく困難になると認められる場合において、その軽減又は免除がされたとき。
where it is found that there are unavoidable reasons that make it difficult for the taxpayer to pay the delinquent tax due to the state of the taxpayer's business or livelihood.
納税者の事業又は生活の状況によりその延滞税の納付を困難とするやむを得ない理由があると認められるとき。
If a collection grace period has been granted for a national tax pursuant to the proviso to Article 23, paragraph (5) (Relationship between Request for Reassessment and Collection of National Tax) or other provisions of the national tax laws, the amount equivalent to one half of the amount of the portion of the delinquent tax on the national tax under that grace period that corresponds to the period, within the grace period, after the day on which two months have elapsed from the day following the due date for payment of that national tax (if delinquent tax has been exempted under the provisions of the preceding three paragraphs, excluding any period that falls within the period to which that exemption pertains) is exempted.
If the regional commissioner, district director or director-general of a customs house has made a seizure (including a disposition equivalent to seizure that, in the case where a request has been made, based on the provisions of a tax treaty, etc., to the treaty partner of that tax treaty, etc. for assistance in the collection of a national tax subject to collection assistance or for assistance in the conservation of property for collection, that treaty partner makes under the laws and regulations of that treaty partner with regard to that national tax subject to collection assistance; the same applies hereinafter in this paragraph) of property necessary to collect the full amount of a delinquent national tax, or has received the provision of security equivalent to the payable tax amount (including the provision of security that, in the case where a request has been made, based on the provisions of a tax treaty, etc., to the treaty partner of that tax treaty, etc. for assistance in the collection of a national tax subject to collection assistance or for assistance in the conservation of property for collection, that treaty partner receives under the laws and regulations of that treaty partner with regard to that national tax subject to collection assistance; the same applies hereinafter in this paragraph), they may exempt the delinquent tax calculated on the basis of the national tax to which the seizure or the provision of security pertains, up to the amount equivalent to one half of the amount of the portion corresponding to the period, within the period during which the seizure or the provision of security is in effect, after the day on which two months have elapsed from the day following the due date for payment of that national tax (if delinquent tax has been exempted under the provisions of the preceding paragraphs, excluding any period that falls within the period to which that exemption pertains).
国税局長、税務署長又は税関長は、滞納に係る国税の全額を徴収するために必要な財産につき差押え(租税条約等の規定に基づき当該租税条約等の相手国等に共助対象国税の徴収の共助又は徴収のための財産の保全の共助を要請した場合における当該相手国等が当該共助対象国税について当該相手国等の法令に基づいて行う差押えに相当する処分を含む。以下この項において同じ。)をし、又は納付すべき税額に相当する担保の提供(租税条約等の規定に基づき当該租税条約等の相手国等に共助対象国税の徴収の共助又は徴収のための財産の保全の共助を要請した場合における当該相手国等が当該共助対象国税について当該相手国等の法令に基づいて受ける担保の提供を含む。以下この項において同じ。)を受けた場合には、その差押え又は担保の提供に係る国税を計算の基礎とする延滞税につき、その差押え又は担保の提供がされている期間のうち、当該国税の納期限の翌日から二月を経過する日後の期間(前各項の規定により延滞税の免除がされた場合には、当該免除に係る期間に該当する期間を除く。)に対応する部分の金額の二分の一に相当する金額を限度として、免除することができる。
If any of the following items applies, the regional commissioner, district director or director-general of a customs house may exempt the delinquent tax on the national tax prescribed in the relevant item (excluding the portion exempted under the provisions of the preceding paragraphs), up to the amount of the portion corresponding to the period listed in that item:
where a financial institution that has been re-consigned the collection of securities and the payment of national tax under the provisions of Article 55, paragraph (3) (Consignment of Payment) (including as applied mutatis mutandis pursuant to Article 52, paragraph (6) (Collection from Guarantors) or Article 32, paragraph (3) (Collection from Persons Secondarily Liable for Tax Payment) of the National Tax Collection Act) has paid the national tax after the day on which it was to collect those securities (excluding where the person who requested the collection of those securities is responsible for the payment having been made after that day): the period from the day following that day until the day on which the payment was made;
第五十五条第三項(納付委託)(第五十二条第六項(保証人からの徴収)又は国税徴収法第三十二条第三項(第二次納税義務者からの徴収)において準用する場合を含む。)の規定による有価証券の取立て及び国税の納付の再委託を受けた金融機関が当該有価証券の取立てをすべき日後に当該国税の納付をした場合(同日後にその納付があつたことにつき当該有価証券の取立てを委託した者の責めに帰すべき事由がある場合を除く。) 同日の翌日からその納付があつた日までの期間
where a designated financial institution prescribed in Article 2, paragraph (2) (Definitions) of the Tax Fund Saving Partnership Act (Act No. 145 of 1951) (excluding one that is able to receive national tax) that has been entrusted with the payment of national tax under the provisions of Article 6, paragraph (1) (Entrustment of Tax Payment) of that Act has paid the national tax after the day on which it was so entrusted (excluding where the taxpayer is responsible for the payment having been made after that day): the period from the day following that day until the day on which the payment was made;
where, due to an earthquake, flood, wind, fire or any other similar disaster, circumstances have arisen in which national tax cannot be paid: the period from the day on which those circumstances arose until the day on which seven days have elapsed from the day on which those circumstances ceased to exist; or
震災、風水害、火災その他これらに類する災害により、国税を納付することができない事由が生じた場合 その事由が生じた日からその事由が消滅した日以後七日を経過した日までの期間
where a fact similar to a fact that falls under any of the preceding three items has arisen, in the case specified by Cabinet Order: the period specified by Cabinet Order.
前三号のいずれかに該当する事実に類する事実が生じた場合で政令で定める場合 政令で定める期間
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
taxpayermachine translation
「納税者」
A person liable under the national tax laws to pay a national tax, or to collect national withholding tax (源泉徴収等による国税) and pay it to the State, not counting secondary taxpayers (第二次納税義務者) under the National Tax Collection Act or guarantors of the tax.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
request for reassessmentmachine translation
「更正の請求」
A request to the tax office director (税務署長) to reassess (更正) the tax base or tax amount in a tax return, made under Article 23, paragraph (1) — within five years of the statutory tax return due date (ten years in one case for corporation tax) where the return overstated the tax or understated a loss or refund — or, on the grounds in paragraph (2), such as a court judgment or another person's reassessment showing the figures were wrong, within two months of that event, when a person whose tax was fixed by a determination (決定) may also make it.
Short name set inArticle 23, paragraph (2)
due date for payment
「納期限」
The due date for paying a national tax under Article 35 or 36 (for estimated income tax prepayment, the dates the Income Tax Act sets; for delinquent tax and interest tax, those of the tax they are calculated on); if the tax is not paid in full by then, the tax office sends a demand letter.
Short name set inArticle 37, paragraph (1)
national tax subject to collection assistancemachine translation
「共助対象国税」
A Japanese tax claim for which, under a tax treaty, etc. (租税条約等), Japan can ask the treaty partner for help in collecting it or in securing property for its collection, as defined in Article 11-2, paragraph (1) of the Act on Special Provisions of the Income Tax Act, the Corporation Tax Act and the Local Tax Act Incidental to Enforcement of Tax Treaties, etc.
Defined inArticle 46, paragraph (6)· applies only in this paragraph and in Article 63, paragraph (5)
treaty partnermachine translation
「相手国等」
The other country or party to a tax treaty, etc. (租税条約等) — a tax treaty or another international agreement of Japan's on exchanging tax information or on help with collecting tax or serving documents — as defined in Article 2, item (iii) of the Act on Special Provisions of the Income Tax Act, the Corporation Tax Act and the Local Tax Act Incidental to Enforcement of Tax Treaties, etc.
Defined inArticle 46, paragraph (6)
tax treaty, etc.machine translation
「租税条約等」
In Article 46, paragraph (6), Article 63, paragraph (5) and Article 71, paragraph (1), item (iv), the tax treaties (租税条約) Japan has concluded to avoid double taxation of income or prevent tax evasion, together with Japan's other international agreements that provide for exchanging information on the assessment or collection of taxes, assisting in collecting taxes or preserving property for their collection, or assisting in serving tax documents, as defined in Article 2, item (ii) of the Act on Special Provisions of the Income Tax Act, the Corporation Tax Act and the Local Tax Act Incidental to Enforcement of Tax Treaties, etc. (Act No. 46 of 1969).
Defined inArticle 46, paragraph (6)· applies only in this paragraph and in Article 63, paragraph (5); and Article 71, paragraph (1), item (iv)
tax payment grace periodmachine translation
「納税の猶予」
Permission under Article 46 for a taxpayer to pay a national tax later, for a limited period, because of a disaster, illness, business trouble or similar hardship.
Short name set inArticle 47, paragraph (1)
tax payment grace period due to discontinuance of business, etc.machine translation
「事業の廃止等による納税の猶予」
In Article 63, paragraph (1), a tax payment grace period (納税の猶予) granted under Article 46 because the taxpayer closed or suspended their business, suffered heavy business losses or something similar, or because tax fixed more than a year late cannot be paid at once; half of the delinquent tax (延滞税) for the part of that period more than two months after the due date is waived.
Short name set inArticle 63, paragraph (1)· applies only in this paragraph
tax payment grace period due to a disaster, etc.machine translation
「災害等による納税の猶予」
In Article 63, paragraph (1), a tax payment grace period (納税の猶予) granted under Article 46 because of a disaster, theft, illness or injury, or something similar; the delinquent tax (延滞税) for that period is waived in full.
Short name set inArticle 63, paragraph (1)· applies only in this paragraph
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.
regional commissioner
国税局長
The head of a regional taxation bureau (国税局), the National Tax Agency's regional office, which oversees the tax offices of its region (Act for Establishment of the Ministry of Finance, Articles 23 and 24). Collection can be taken over from a district director (Act on General Rules for National Taxes, Article 43, paragraph (3)), and a person who objects to what a regional commissioner has decided can ask the commissioner 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)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 23, 24 and Act on General Rules for National Taxes, Arts. 43, 75 as a reference.