Chapter V Refund of National Tax and Interest on Refund
第五章 国税の還付及び還付加算金
第五十六条(還付)
If there is a refund or an overpayment or payment by mistake of national tax (hereinafter referred to as a "refund, etc."), the regional commissioner, district director or director-general of a customs house must refund it in cash without delay.
If the regional commissioner finds it necessary, the regional commissioner may take over, from the district director with jurisdiction over an area within the regional commissioner's jurisdictional district, the refund of a refund, etc. that the district director is to refund.
国税局長は、必要があると認めるときは、その管轄区域内の地域を所轄する税務署長からその還付すべき還付金等について還付の引継ぎを受けることができる。
第五十七条(充当)
Where there is a refund, etc., if there is any national tax that the person who is to receive the refund is required to pay (if the refund, etc. pertains to a national tax for which the liability to pay is an obligation covered by the trust property, limited to a national tax for which the liability to pay is that obligation covered by the trust property, and if the refund, etc. does not pertain to a national tax for which the liability to pay is an obligation covered by the trust property, limited to a national tax other than a national tax for which the liability to pay is an obligation covered only by the trust property), the regional commissioner, district director or director-general of a customs house must appropriate the refund, etc. to that national tax in lieu of refunding it under the provisions of paragraph (1) of the preceding Article. In this case, if that national tax includes delinquent tax or interest tax, the refund, etc. must first be appropriated to the national tax that is the basis for the calculation of the delinquent tax or interest tax.
国税局長、税務署長又は税関長は、還付金等がある場合において、その還付を受けるべき者につき納付すべきこととなつている国税(その納める義務が信託財産責任負担債務である国税に係る還付金等である場合にはその納める義務が当該信託財産責任負担債務である国税に限るものとし、その納める義務が信託財産責任負担債務である国税に係る還付金等でない場合にはその納める義務が信託財産限定責任負担債務である国税以外の国税に限る。)があるときは、前条第一項の規定による還付に代えて、還付金等をその国税に充当しなければならない。この場合において、その国税のうちに延滞税又は利子税があるときは、その還付金等は、まず延滞税又は利子税の計算の基礎となる国税に充当しなければならない。
When an appropriation has been made under the provisions of the preceding paragraph, the national tax in an amount equivalent to the refund, etc. so appropriated is deemed to have been paid at the time specified by Cabinet Order as the time when it became appropriate to make the appropriation.
When the regional commissioner, district director or director-general of a customs house has made an appropriation under the provisions of paragraph (1), they must notify the person who is to pay the national tax to which the appropriation pertains of that fact.
第五十八条(還付加算金)
Where the regional commissioner of a Regional Taxation Bureau, the district director of a tax office or the director-general of a customs house pays or appropriates a refund, etc., they must multiply the amount to be refunded or appropriated by the rate of 7.3% per annum, and add this amount (hereinafter referred to as the "interest on refund") to the amount to be refunded or appropriated, based on the number of days in the period from the day following the day specified in each of the following items for the category of refund, etc. listed in the relevant item, until the day of the decision to pay the relevant refund or the day on which the relevant refund is appropriated (where appropriation was possible before that date, the day on which it became possible to make the appropriation) (or during the period otherwise specified by other national tax laws):
a refund or any of the following overpayments: the day on which the national tax causing the refund or overpayment was paid (if such day precedes the statutory payment due date of the national tax, the statutory due date):
An overpayment arising from national tax (including any delinquent national tax and interest tax thereon) for which the payable tax amount has been determined by a reassessment or determination under the provisions of Article 25 (Determination) or an assessment and determination (hereinafter referred to as a "reassessment or determination, etc.") (excluding overpayment as set forth in the following item);
An overpayment arising from the national tax (including any delinquent national tax) for which the payable tax amount is determined without any special procedure upon the establishment of the tax liability, and for which notice of tax payment has been given;
An overpayment specified by Cabinet Order as arising from national tax that is similar to the overpayments listed in (a) or (b);
イ又はロに掲げる過納金に類する国税に係る過納金として政令で定めるもの
an overpayment arising from national tax (including any delinquent tax and interest tax thereon) for which the payable tax amount has been reduced due to a reassessment based on a request for reassessment (including a determination of the taxation agency, a decision of the National Tax Tribunal or a judicial decision on an appeal against or action for a disposition made in response to such a request): the day on which three months have elapsed from the day following the day on which the request for reassessment was made, or the day on which one month has elapsed from the day following the day on which the reassessment was carried out, whichever comes earlier (if such day precedes the statutory payment due date of the national tax, the statutory due date); or
an overpayment or other payment by mistake arising from national tax, except for the overpayments listed in the preceding two items:the day on which one month has elapsed from the day following the day specified by Cabinet Order as the day on which such overpayment or payment by mistake occurred.
In the case referred to in the preceding paragraph, if any of the following items applies, the period specified in the relevant item is deducted from the period prescribed in that paragraph:
where a seizure order or seizure disposition under the provisions of the Civil Enforcement Act (Act No. 4 of 1979) has been issued with regard to the claim for the refund, etc.: the period until the day on which seven days have elapsed from the day following the day on which the seizure order or seizure disposition was served;
還付金等の請求権につき民事執行法(昭和五十四年法律第四号)の規定による差押命令又は差押処分が発せられたとき。 その差押命令又は差押処分の送達を受けた日の翌日から七日を経過した日までの期間
where a provisional seizure has been effected against the claim for the refund, etc.: the period during which the provisional seizure is in effect.
還付金等の請求権につき仮差押えがされたとき。 その仮差押えがされている期間
If an overpayment or payment by mistake arises with regard to a national tax paid in two or more installments, the provisions of paragraph (1) apply to that overpayment or payment by mistake by deeming it to consist of the overpayment or payment by mistake of the amounts obtained by going back successively, in the order of the payment dates, from the amount paid last until the amount of the overpayment or payment by mistake is reached.
If a national tax that has been lawfully paid has become overpaid based on the provisions of an Act that changes the amount payable without affecting the lawful payment, the provisions of paragraph (1) apply to that overpayment by deeming it to be the overpayment or payment by mistake listed in item (iii) of that paragraph and deeming the day on which it became overpaid to be the day listed in that item, respectively.
Where a national tax using the self-assessment system has been paid, if a reassessment (excluding a reassessment based on a request for reassessment) has been made of that national tax on the grounds that the economic results arising from a void act included in the facts that formed the basis for the calculation of its tax basis have been lost due to that act being void, that a voidable act included in those facts has been rescinded, or other grounds specified by Cabinet Order as equivalent thereto, the provisions of paragraph (1) apply to the national tax equivalent to the amount overpaid as a result of that reassessment (including accessory tax thereon that has become overpaid as a result of that reassessment) by deeming the day on which one month has elapsed counting from the day following the day on which that reassessment was made to be the day listed in each item of that paragraph.
If a taxpayer has paid an amount after notifying the district director that it is paid as any of the following national taxes, the taxpayer may not claim a refund of that amount:
a national tax for which the payable tax amount has been determined but whose payment period has not yet arrived; and
納付すべき税額の確定した国税で、その納期が到来していないもの
a national tax for which it is found certain that the payable tax amount will be determined in the near future.
最近において納付すべき税額の確定することが確実であると認められる国税
Where a payment falling under the provisions of the preceding paragraph has been made, if the payment has become unnecessary with regard to all or part of the national tax to which the payment pertains due to an amendment to the national tax laws or for any other reason, an overpayment or payment by mistake of national tax is deemed to have occurred at that time, and the provisions of the preceding three Articles apply.
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
accessory taxmachine translation
「附帯税」
The national taxes charged in addition to a tax: delinquent tax (延滞税), interest tax (利子税), and the penalty taxes for understatement, failure to file and non-payment, and the heavy penalty tax.
Defined inArticle 2, paragraph (1), item (iv)· 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
refundmachine translation
「還付金」
A refund of national tax due to a taxpayer under the national tax laws.
Short name set inArticle 2, paragraph (1), item (vi)
statutory payment due datemachine translation
「法定納期限」
The deadline the national tax laws set for paying a national tax, with special rules for tax on a late or amended return, tax notified after its deadline, tax collected at once when an event occurs, and accessory tax; a deadline that has been advanced, or extended by postponement or a grace period, does not count.
Defined inArticle 2, paragraph (1), item (viii)· applies throughout the law
obligation covered by the trust propertymachine translation
「信託財産責任負担債務」
In Article 7-2, paragraph (1), Article 38, paragraph (1) and Article 57, paragraph (1), an obligation covered by the trust property as defined in Article 2, paragraph (9) of the Trust Act: a debt that a trustee is liable to perform with the property belonging to the trust property (信託財産).
Defined inArticle 7-2, paragraph (1)· applies only in this provision and in Article 38, paragraph (1); and Article 57, paragraph (1)
obligation covered only by the trust propertymachine translation
「信託財産限定責任負担債務」
In Article 9-3, paragraph (1) and Article 57, paragraph (1), an obligation covered only by the trust property as defined in Article 154 of the Trust Act: an obligation covered by the trust property (信託財産責任負担債務) that a trustee is liable to perform only with the property belonging to the trust property (信託財産).
Defined inArticle 9-3, paragraph (1)· applies only in this provision and in Article 57, paragraph (1)
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)
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)
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
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)
refund, etc.machine translation
「還付金等」
A refund (還付金) or an overpayment or mistaken payment of national tax (過誤納金), which the tax authority must pay back in money without delay.
Short name set inArticle 56, paragraph (1)
interest on refund
「還付加算金」
Interest the tax authority adds when it refunds a refund, etc. (還付金等) or applies it to other tax, at 7.3% a year from the day after a date set by Article 58 until the refund is decided or applied (or for the period another tax law sets).
Short name set inArticle 58, paragraph (1)
reassessment or determination, etc.
「更正決定等」
A reassessment (更正), a determination (決定) under Article 25, or an assessment and determination (賦課決定) — the ways a tax office fixes or corrects the amount of tax payable.
Short name set inArticle 58, paragraph (1), item (i), (a)
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.
rescission
取消し
Undoing a legal act, such as an offer or acceptance of a contract (意思表示, a manifestation of intention), that the law says may be rescinded: for example one made through an important mistake, though a mistake about the circumstances behind the act only if it had been made clear that they were its basis, and as a rule not where the person was grossly careless (Civil Code, Article 95), or one made under fraud or duress, though fraud by a third party only if the other party knew of it or could have known (Article 96), or one a minor made without the consent of their legal representative (Article 5, paragraph (2)). Once rescinded, the act is treated as void from the start (Article 121). Only the person who made it, their representative or successor, or someone whose consent it needed may rescind it (Article 120). The right is lost if not used within five years from when the act could be confirmed — once the mistake, fraud or other cause has ended and the person knows they can rescind (Article 124) — or twenty years from the act (Article 126). It is lost sooner if the person confirms the act, and once it could be confirmed, performing it or demanding performance without reserving objections counts as confirming it (Articles 122 and 125). The Consumer Contract Act adds grounds of its own, such as a business telling the consumer something untrue about an important matter when soliciting the contract, where the consumer believed it and made the contract because of it (Article 4, paragraph (1), item (i)), and gives most of them a shorter time: one year from when the act could be confirmed, and five years from the contract (Article 7, paragraph (1)).
Written by AI using Civil Code, Arts. 5, 95, 96, 120, 121, 122, 124, 125, 126 and Consumer Contract Act, Arts. 4, 7 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.