Article 85Authority with Which a Request for Reinvestigation Is to Be Filed in the Event of a Change of Place for Tax Payment, etc.
第八十五条(納税地異動の場合における再調査の請求先等)
If, after a disposition by a district director, a regional commissioner or a director-general of a customs house (hereinafter referred to as a "district director of the tax office, etc." in this Article and the following Article) concerning 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 (excluding international tourist tax payable under Article 18, paragraph (1) (Payment by International Tourist Passengers, etc.) of the International Tourist Tax Act; the same applies in paragraph (1) of the following Article) (excluding a disposition concerning the collection of national tax and a delinquent tax collection procedure (including a disposition conducted in accordance with the rules for that procedure)), or a notice of tax payment under Article 36, paragraph (1) (Notice of Tax Payment) that pertains to item (i) of that paragraph (limited to the part concerning penalty tax for non-payment and 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)) or item (ii) of that paragraph (hereinafter simply referred to as a "disposition" in this Article and paragraph (1) of the following Article), the place for tax payment changes, with the result that the district director of the tax office, etc. having jurisdiction over the place for tax payment at the time of the disposition differs from the district director of the tax office, etc. having jurisdiction over the place for tax payment at the time a request for reinvestigation concerning the disposition is filed under Article 75, paragraph (1), item (i), (a) or paragraph (2) (limited to the part concerning item (i)) (Appeals against Dispositions Concerning National Tax) (hereinafter referred to as the "current place for tax payment" in this Article), the request for reinvestigation must, notwithstanding those provisions, be filed with the district director of the tax office, etc. having jurisdiction over the current place for tax payment. In this case, the disposition is deemed to have been made by the district director of the tax office, etc. having jurisdiction over the current place for tax payment.
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(国際観光旅客税法第十八条第一項(国際観光旅客等による納付)の規定により納付すべきものを除く。次条第一項において同じ。)に係る税務署長、国税局長又は税関長(以下この条及び次条において「税務署長等」という。)の処分(国税の徴収に関する処分及び滞納処分(その例による処分を含む。)を除く。)又は第三十六条第一項(納税の告知)の規定による納税の告知のうち同項第一号(不納付加算税及び第六十八条第三項又は第四項(同条第三項の重加算税に係る部分に限る。)(重加算税)の重加算税に係る部分に限る。)若しくは第二号に係るもの(以下この条及び次条第一項において単に「処分」という。)があつた時以後にその納税地に異動があつた場合において、その処分の際における納税地を所轄する税務署長等と当該処分について第七十五条第一項第一号イ又は第二項(第一号に係る部分に限る。)(国税に関する処分についての不服申立て)の規定による再調査の請求をする際における納税地(以下この条において「現在の納税地」という。)を所轄する税務署長等とが異なることとなるときは、その再調査の請求は、これらの規定にかかわらず、現在の納税地を所轄する税務署長等に対してしなければならない。この場合においては、その処分は、現在の納税地を所轄する税務署長等がしたものとみなす。
A person who files a request for reinvestigation under the preceding paragraph must add to the written request for reinvestigation the name of the tax office, Regional Taxation Bureau or customs house to which the disposition pertains.
In the case referred to in paragraph (1), if the written request for reinvestigation is submitted to the district director of the tax office, etc. to which the disposition pertains, that district director of the tax office, etc. may accept the written request for reinvestigation. In this case, the written request for reinvestigation is deemed to have been submitted to the district director of the tax office, etc. having jurisdiction over the current place for tax payment.
The district director of the tax office, etc. that has accepted the written request for reinvestigation referred to in the preceding paragraph must send that written request for reinvestigation to the district director of the tax office, etc. having jurisdiction over the current place for tax payment, and notify the requester for reinvestigation to that effect.
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
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)
appealmachine translation
「不服申立て」
An appeal against a disposition made under the national tax laws, by a request for reinvestigation (再調査の請求) or a request for review (審査請求) under Article 75; the term does not carry this meaning in Article 80, paragraph (3), which sends appeals on liquor licensing to the Administrative Complaint Review Act instead.
Short name set inArticle 76, paragraph (1), item (i)
written request for reinvestigationmachine translation
「再調査の請求書」
The document by which a request for reinvestigation (再調査の請求) is made under Article 81, stating the disposition challenged, when the requester learned of it, the purpose of and reasons for the request and its date — and, where it is made after the time limit, the justifiable reason for the delay.
Short name set inArticle 81, paragraph (2)
dispositionmachine translation
「処分」
In Articles 85 and 86(1), a decision by the district director of the tax office (税務署長), the regional commissioner (国税局長) or a customs director (税関長) on income tax, corporation tax, consumption tax or certain other national taxes (other than one about collecting tax or enforcing unpaid tax), or a notice under Article 36, paragraph (1) to pay unpaid withholding tax or certain penalty taxes.
Short name set inArticle 85, paragraph (1)· applies only in this article and in Article 86, paragraph (1)
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 85, paragraph (1)· applies only in this article
district director of the tax office, etc.machine translation
「税務署長等」
In Articles 85 and 86, a district director of a tax office (税務署長), a regional commissioner (国税局長) or a director-general of a customs house (税関長) acting on income tax, corporation tax, inheritance tax or the other national taxes listed in Article 85, paragraph (1).
Short name set inArticle 85, paragraph (1)· applies only in this article and in Article 86
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.
request for re-investigation
再調査の請求
A request to the administrative agency (行政庁) that made a disposition (処分) to look into it again. A person who objects to the disposition can make one only where a request for review (審査請求) of it can be made to another agency and an Act provides that this request can be made, and not once the person has made a request for review of it (Administrative Complaint Review Act, Article 5, paragraph (1)). Another Act can set rules of its own for it (Article 1, paragraph (2)): the Act on General Rules for National Taxes, for instance, lets a person who objects to a disposition of a district director (税務署長) as a rule choose between a request for re-investigation to that director and a request for review to the President of the National Tax Tribunal (国税不服審判所長) (Act on General Rules for National Taxes, Article 75, paragraph (1), item (i)). Under the Administrative Complaint Review Act, it must be made within three months of the day after the person learned of the disposition and within a year of the disposition, unless there is a justifiable reason (Administrative Complaint Review Act, Article 54). A person who has made one cannot make a request for review until the agency has decided it, unless three months pass from the day after it was made — or, where the agency ordered a defect in it corrected, the day after the correction — without a decision, or there is another justifiable reason (Article 5, paragraph (2)); where it is still pending after those three months, the agency must tell the person in writing that they can make a request for review straight away (Article 57). The agency decides it by a decision (決定): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it, though never to the disadvantage of the person who made the request; where it is about a de facto act (事実上の行為), the decision instead declares the act unlawful or unjust and abolishes it in whole or in part or changes it (Articles 58 and 59). Unless the decision revokes the whole disposition or abolishes the whole of a de facto act, it must tell the person that a request for review can be made — after a dismissal, only where the dismissal was unlawful — to which agency and within what time (Article 60, paragraph (2)); that request for review must be made within one month of the day after the person learned of the decision and within a year of the decision, unless there is a justifiable reason (Article 18, paragraphs (1) and (2)).
Written by AI using Administrative Complaint Review Act, Arts. 1, 5, 18, 54, 57 to 60 and Act on General Rules for National Taxes, Art. 75 as a reference.