Chapter IX Miscellaneous Provisions
第九章 雑則
第百十七条(納税管理人)
If an individual taxpayer has, or will come to have, neither a domicile nor a residence (excluding an office or place of business) in the area where this Act is in force, or if a taxpayer that is a corporation without its head office or principal office in the area where this Act is in force has, or will come to have, neither an office nor a place of business in the area where this Act is in force, and it is necessary to administer the submission of a tax return or other matters concerning national taxes, that taxpayer must appoint a tax agent to administer those matters from among persons who have a domicile or residence in the area where this Act is in force and are in a convenient position to administer those matters.
When a taxpayer appoints a tax agent pursuant to the provisions of the preceding paragraph, they must notify the district director of the tax office with jurisdiction over the place for tax payment of the national tax for which the tax agent is responsible (if a tax agent has been appointed to administer only affairs concerning the consumption tax, etc. on goods received from a bonded area or the international tourist tax (excluding international tourist tax that is to be collected and paid pursuant to the provisions of Article 16, paragraph (1) (Special Collection, etc. by Domestic Business Operators) of the International Tourist Tax Act), the director-general of the customs house having jurisdiction over the place for tax payment of these national taxes). The same applies where the taxpayer has dismissed their tax agent.
In the case referred to in paragraph (1), if the taxpayer referred to in that paragraph has not given notification of a tax agent under the provisions of the preceding paragraph, the regional commissioner or district director with jurisdiction over the place for tax payment of the national tax of that taxpayer may request that taxpayer in writing, clearly indicating those matters concerning national taxes prescribed in paragraph (1) that are specified by Ministry of Finance Order as matters found necessary to have a tax agent administer (referred to as "specified matters" in the following paragraph through paragraph (6)), to give notification of a tax agent under the provisions of the preceding paragraph by the day designated within a period not exceeding 60 days by taking into consideration the number of days normally required for preparation (referred to as the "designated day" in paragraph (5)).
In the case referred to in paragraph (1), if the taxpayer referred to in that paragraph has not given notification of a tax agent under the provisions of paragraph (2), the regional commissioner or district director with jurisdiction over the place for tax payment of the national tax of that taxpayer may request in writing a person who has a domicile or residence in the area where this Act is in force and is in a convenient position to administer the specified matters (referred to as a "domestic facilitator" in the following paragraph) to become the tax agent of that taxpayer.
If the taxpayer referred to in paragraph (3) (hereinafter referred to as a "specified taxpayer" in this paragraph and paragraph (7)) has not given notification of a tax agent under the provisions of paragraph (2) by the designated day, the regional commissioner or district director referred to in that paragraph may designate, from among the domestic facilitators requested to become the tax agent pursuant to the provisions of the preceding paragraph, the person specified in each of the following items according to the category of cases listed in the respective item as the tax agent to administer the specified matters (referred to as a "specified tax agent" in the following paragraph and paragraph (7)):
if the specified taxpayer is an individual: the following persons:
当該特定納税者が個人である場合 次に掲げる者
a spouse or other relative of full age who shares living expenses with the specified taxpayer;
当該特定納税者と生計を一にする配偶者その他の親族で成年に達した者
a person who has a close relationship with the specified taxpayer, by virtue of a contract with the specified taxpayer, with regard to the facts that are to form the basis for calculating the tax basis, etc. or tax amount, etc. of the national tax of the specified taxpayer;
a business operator that provides a venue on which the specified taxpayer continuously or repeatedly conducts transactions carried out using an electronic data processing system or other transactions;
電子情報処理組織を使用して行われる取引その他の取引を当該特定納税者が継続的に又は反復して行う場を提供する事業者
if the specified taxpayer is a corporation: the following persons:
当該特定納税者が法人である場合 次に掲げる者
a corporation that has with the specified taxpayer a relationship in which one corporation directly or indirectly holds shares or capital contributions whose number or amount is 50 percent or more of the total number or total amount of the issued shares (for an investment corporation prescribed in Article 2, paragraph (12) (Definitions) of the Act on Investment Trusts and Investment Corporations (Act No. 198 of 1951), the issued investment units (meaning the investment units prescribed in paragraph (14) of that Article; the same applies in (a))) or capital contributions (excluding its own shares (including investment units; the same applies in (a)) or capital contributions held by that other corporation) of the other corporation, or any other special relationship specified by Cabinet Order;
当該特定納税者との間にいずれか一方の法人が他方の法人の発行済株式(投資信託及び投資法人に関する法律(昭和二十六年法律第百九十八号)第二条第十二項(定義)に規定する投資法人にあつては、発行済みの投資口(同条第十四項に規定する投資口をいう。イにおいて同じ。))又は出資(当該他方の法人が有する自己の株式(投資口を含む。イにおいて同じ。)又は出資を除く。)の総数又は総額の百分の五十以上の数又は金額の株式又は出資を直接又は間接に保有する関係その他の政令で定める特殊の関係のある法人
an officer of the specified taxpayer (meaning an officer prescribed in Article 2, item (xv) (Definitions) of the Corporation Tax Act; the same applies in (b)) or a spouse or other relative of full age who shares living expenses with that officer;
当該特定納税者の役員(法人税法第二条第十五号(定義)に規定する役員をいう。ロにおいて同じ。)又はその役員と生計を一にする配偶者その他の親族で成年に達した者
a person listed in (b) or (c) of the preceding item.
前号ロ又はハに掲げる者
If the regional commissioner or district director referred to in the preceding paragraph has designated a specified tax agent pursuant to the provisions of that paragraph and it has become no longer necessary to have that specified tax agent administer the specified matters, the regional commissioner or district director is to cancel the designation of the specified tax agent under the provisions of that paragraph.
When the regional commissioner or district director referred to in the preceding two paragraphs has designated a specified tax agent pursuant to the provisions of paragraph (5), or has cancelled the designation of a specified tax agent pursuant to the provisions of the preceding paragraph, the regional commissioner or district director notifies the specified tax agent or the person who was the specified tax agent, and the specified taxpayer, to that effect in writing.
Article 118Rounding of Fractions in the Tax Basis of National Taxes, etc.
第百十八条(国税の課税標準の端数計算等)
When calculating the tax basis of a national tax (excluding stamp tax and accessory tax; the same applies hereinafter in this Article) (or, if there is an amount to be deducted from the tax basis in applying the tax rate, the amount after that deduction; the same applies hereinafter in this Article), if that amount includes a fraction of less than 1,000 yen or the whole amount is less than 1,000 yen, the fractional amount or the whole amount is disregarded.
Notwithstanding the provisions of the preceding paragraph, with regard to the tax basis of a national tax specified by Cabinet Order, if that tax basis includes a fraction of less than 1 yen or the whole amount is less than 1 yen, the fractional amount or the whole amount is disregarded.
When calculating the amount of an accessory tax, if the tax amount serving as the basis for that calculation includes a fraction of less than 10,000 yen or the whole of that tax amount is less than 10,000 yen, the fractional amount or the whole amount is disregarded.
附帯税の額を計算する場合において、その計算の基礎となる税額に一万円未満の端数があるとき、又はその税額の全額が一万円未満であるときは、その端数金額又はその全額を切り捨てる。
Article 119Rounding of Fractions in the Finalized Amount of National Taxes, etc.
第百十九条(国税の確定金額の端数計算等)
If the finalized amount of a national tax (excluding motor vehicle tonnage tax, stamp tax, and accessory tax; the same applies hereinafter in this Article) includes a fraction of less than 100 yen or the whole amount is less than 100 yen, the fractional amount or the whole amount is disregarded.
Notwithstanding the provisions of the preceding paragraph, with regard to the finalized amount of a national tax specified by Cabinet Order, if that finalized amount includes a fraction of less than 1 yen or the whole amount is less than 1 yen, the fractional amount or the whole amount is disregarded.
If the finalized amount of a national tax is to be paid in installments of fixed amounts with two or more payment deadlines, and the installment amount for each payment deadline includes a fraction of less than 1,000 yen (or, for a national tax prescribed in the preceding paragraph, less than 1 yen), all of those fractional amounts are to be added to the installment amount for the first payment deadline.
If the finalized amount of an accessory tax includes a fraction of less than 100 yen or the whole amount is less than 1,000 yen (or, for penalty tax, less than 5,000 yen), the fractional amount or the whole amount is disregarded.
If the amount of a refund, etc. includes a fraction of less than 1 yen, the fractional amount is disregarded.
還付金等の額に一円未満の端数があるときは、その端数金額を切り捨てる。
If the amount of a refund, etc. is less than 1 yen, it is calculated as 1 yen.
還付金等の額が一円未満であるときは、その額を一円として計算する。
If the finalized amount of interest on refund includes a fraction of less than 100 yen or the whole amount is less than 1,000 yen, the fractional amount or the whole amount is disregarded.
還付加算金の確定金額に百円未満の端数があるとき、又はその全額が千円未満であるときは、その端数金額又はその全額を切り捨てる。
When calculating the amount of interest on refund, if the amount of the refund, etc. serving as the basis for that calculation includes a fraction of less than 10,000 yen or the whole amount of the refund, etc. is less than 10,000 yen, the fractional amount or the whole amount is disregarded.
第百二十一条(供託)
The provisions of Article 494 (Deposit) and Article 495, paragraphs (1) and (3) (Method of Deposit) of the Civil Code apply mutatis mutandis where money or other articles are to be delivered or handed over to a taxpayer or other person pursuant to the provisions of a law concerning national taxes.
民法第四百九十四条(供託)並びに第四百九十五条第一項及び第三項(供託の方法)の規定は、国税に関する法律の規定により納税者その他の者に金銭その他の物件を交付し、又は引き渡すべき場合について準用する。
Article 122Setoff Involving National Taxes
第百二十二条(国税に関する相殺)
A national tax and a claim against the State for the payment of money may not be set off against each other unless there is a special provision of law. The same applies to a claim concerning a refund, etc. and an obligation to the State for the payment of money.
Article 123Issuance of Tax Payment Certificates, etc.
第百二十三条(納税証明書の交付等)
If a person requests the issuance of a certificate concerning the tax amount payable or other matters concerning national taxes specified by Cabinet Order, the regional commissioner, district director, or director-general of a customs house must issue it to that person, limited to matters concerning that person, pursuant to the provisions of Cabinet Order.
国税局長、税務署長又は税関長は、国税に関する事項のうち納付すべき税額その他政令で定めるものについての証明書の交付を請求する者があるときは、その者に関するものに限り、政令で定めるところにより、これを交付しなければならない。
A person who requests the issuance of the certificate referred to in the preceding paragraph must pay a fee determined based on the number of certificates, pursuant to the provisions of Cabinet Order.
前項の証明書の交付を請求する者は、政令で定めるところにより、証明書の枚数を基準として定められる手数料を納付しなければならない。
第百二十四条(書類提出者の氏名、住所及び番号の記載)
A person who submits a return, written application, written notification, statement, or other document (hereinafter referred to as a "tax document" in this Article) to a district director or the head of any other administrative organ or its officials under a law concerning national taxes must state in that tax document the person's name (for a corporation, its name; the same applies hereinafter in this Article), domicile or residence, and identification number (for a person who does not have an identification number, the person's name and domicile or residence, and, for a document specified by Ministry of Finance Order as a tax document that does not require an individual number to be stated (excluding a tax return and a statement), the name and domicile or residence of the person who submits that document). In this case, if the person is a corporation, if the person submits the tax document through a tax agent or an agent (limited to a person who has proven in writing that they have the authority of representation; the same applies hereinafter in this Article), or if an appellant submits the tax document through a representative, the name and domicile or residence of the representative person of the corporation (including the administrator of an association or foundation without legal personality), the tax agent or agent, or the representative must also be stated.
国税に関する法律に基づき税務署長その他の行政機関の長又はその職員に申告書、申請書、届出書、調書その他の書類(以下この条において「税務書類」という。)を提出する者は、当該税務書類にその氏名(法人については、名称。以下この条において同じ。)、住所又は居所及び番号(番号を有しない者にあつては、その氏名及び住所又は居所とし、税務書類のうち個人番号の記載を要しない書類(納税申告書及び調書を除く。)として財務省令で定める書類については、当該書類を提出する者の氏名及び住所又は居所とする。)を記載しなければならない。この場合において、その者が法人であるとき、納税管理人若しくは代理人(代理の権限を有することを書面で証明した者に限る。以下この条において同じ。)によつて当該税務書類を提出するとき、又は不服申立人が総代を通じて当該税務書類を提出するときは、その代表者(人格のない社団等の管理人を含む。)、納税管理人若しくは代理人又は総代の氏名及び住所又は居所をあわせて記載しなければならない。
Article 125Delegation to Cabinet Order
第百二十五条(政令への委任)
Beyond what is provided for in this Act, matters concerning notices under the provisions of this Act, the procedures for applications concerning tax payment grace periods and other procedures for the implementation of this Act, and any other matters necessary for its enforcement are specified by Cabinet Order.
この法律に定めるもののほか、この法律の規定による通知に係る事項及び納税の猶予に関する申請の手続その他のこの法律の実施のための手続その他その執行に関し必要な事項は、政令で定める。
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, 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
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
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
association or foundation without legal personalitymachine translation
「人格のない社団等」
An association or foundation that is not a legal person but has a set representative or manager, which this Act treats as a corporation.
Short name set inArticle 3, paragraph (1)
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 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)
tax basis, etc.machine translation
「課税標準等」
The items of a tax return listed in Article 2, item (vi)(a) to (c): the tax basis, the amounts deducted from it, and the amount of net loss, etc. (純損失等の金額).
Defined inArticle 19, paragraph (1)
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)
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)
penalty tax
「加算税」
The four penalty taxes charged on top of a tax — for understatement (過少申告加算税), for failure to file (無申告加算税), for non-payment (不納付加算税), and the heavy penalty tax (重加算税) — each of which counts as a national tax of the same tax item as the tax it is calculated on.
Short name set inArticle 69, paragraph (1)
individual numbermachine translation
「個人番号」
The individual number (the personal 'My Number') as defined in Article 2, paragraph (5) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013).
Short name set inArticle 74-7-2, paragraph (3), item (iv), (c)· applies only in this provision and in Article 124
identification numbermachine translation
「番号」
An individual number (個人番号), assigned to each person with a resident record (住民票), or a corporate number (法人番号), assigned to a corporation or other organisation, as defined in the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures.
Defined inArticle 74-7-2, paragraph (3), item (iv), (c)
designated daymachine translation
「指定日」
In Article 117, the day the regional commissioner (国税局長) or tax office director (税務署長) sets — no more than 60 days ahead, allowing for the time the preparation normally takes — by which a taxpayer who has appointed no tax agent (納税管理人) is asked in writing to notify one.
Short name set inArticle 117, paragraph (3)· applies only in this provision and in Article 117, paragraph (5)
specified mattersmachine translation
「特定事項」
In Article 117, the matters concerning national taxes that a Ministry of Finance Order (財務省令) sets as ones a tax agent (納税管理人) is needed to handle, which the regional commissioner (国税局長) or tax office director (税務署長) states when asking a taxpayer with no address in the area where this Act is in force to appoint one.
Short name set inArticle 117, paragraph (3)· applies only in this provision and in Article 117, paragraphs (4) to (6)
domestic facilitatormachine translation
「国内便宜者」
In Article 117, a person with a domicile or residence in the area where this Act is in force who is conveniently placed to handle the specified matters (特定事項) of a taxpayer who has not notified a tax agent (納税管理人), and whom the regional commissioner (国税局長) or tax office director (税務署長) may ask in writing to become that taxpayer's tax agent.
Short name set inArticle 117, paragraph (4)· applies only in this provision and in Article 117, paragraph (5)
specified tax agentmachine translation
「特定納税管理人」
In Article 117, the tax agent (納税管理人) whom the regional commissioner (国税局長) or tax office director (税務署長) may designate to handle the specified matters (特定事項) of a taxpayer who notified none by the designated day (指定日), chosen from the domestic facilitators (国内便宜者) asked to take the role — for an individual, an adult relative living with them, someone closely tied to them by contract or an operator of a marketplace they trade on; for a corporation, a company linked to it by half or more of its shares, its officers, or their adult relatives.
Short name set inArticle 117, paragraph (5)· applies only in this provision and in Article 117, paragraphs (6) and (7)
specified taxpayermachine translation
「特定納税者」
In Article 117, a taxpayer with no domicile or residence (for a corporation, no office) in Japan whom the tax authority has asked in writing to appoint a tax agent (納税管理人); if they do not do so by the set date, the authority may designate a suitable person in Japan as their tax agent.
Short name set inArticle 117, paragraph (5)· applies only in this paragraph and in Article 117, paragraph (7)
investment unitmachine translation
「投資口」
In Article 117, paragraph (5), item (ii), (a), an investment unit as defined in Article 2, paragraph (14) of the Act on Investment Trusts and Investment Corporations: the position of a member (社員) of an investment corporation (投資法人), divided into equal fractional units; for an investment corporation, the provision counts its issued investment units where it counts a company's issued shares.
Defined inArticle 117, paragraph (5), item (ii), (a)· applies only in this provision
tax documentmachine translation
「税務書類」
In Article 124, a return, application, notification, statement or other document submitted to a tax office director or other authority under the national tax laws, which must carry the submitter's name, address and individual or corporate number (番号).
Short name set inArticle 124, paragraph (1)· applies only in this article
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.