A person who intends to apply for permission to defer payment under paragraph (1) of the preceding Article must attach, to a written application stating the amount that it is difficult to pay in money by the due date for payment of the inheritance tax for which deferment is sought or on the day on which payment is due, the reasons for that difficulty, the amount of tax and the period for which deferment is sought, the installment payments and their due dates, and other matters specified by Ministry of Finance Order, documents relating to the provision of security specified by Ministry of Finance Order (referred to as "documents for provision of security" in this Article and Article 47, paragraph (2)), and must submit them to the competent district director with jurisdiction over the place for tax payment by that due date or on that day.
Where a written application under the preceding paragraph is submitted, the district director is to investigate whether the applicant and the matters relating to the application fall under paragraphs (1) and (2) of the preceding Article, and, based on that investigation, within three months counting from the day following the deadline for filing that written application, either grant permission to defer payment for all or part of the amount of tax relating to the application under the conditions relating to the application or conditions modified from them, or dismiss the application; provided, however, that where the district director grants permission to defer payment and finds that the security the applicant intends to provide is not appropriate, the district director may request a change to it.
Where the district director has granted permission or dismissed an application pursuant to the preceding paragraph, the district director is to notify the applicant of this by a document stating the amount subject to deferment and the conditions of deferment relating to the permission, or the fact of the dismissal and the reasons for it.
税務署長は、前項の規定により許可をし、又は却下をした場合においては、当該許可に係る延納税額及び延納の条件又は当該却下をした旨及びその理由を記載した書面により、これを当該申請者に通知する。
Where the district director requests a change of security pursuant to the proviso to paragraph (2), the district director is to notify the applicant of this by a document stating that fact and the reasons for it.
税務署長は、第二項ただし書の規定により担保の変更を求める場合においては、その旨及びその理由を記載した書面により、これを当該申請者に通知する。
Where the district director has requested a change of security pursuant to the proviso to paragraph (2), if the applicant has not, within 20 days counting from the day following the day on which the applicant received the notice under the preceding paragraph, submitted the documents for provision of security relating to the change to the competent district director with jurisdiction over the place for tax payment, the district director may dismiss the application pursuant to paragraph (2).
A person who intends to apply for permission to defer payment under paragraph (1) of the preceding Article may, where the person cannot submit, by the deadline for filing the written application referred to in paragraph (1), all or part of the documents for provision of security attached to that written application, as provided by Cabinet Order, submit to the competent district director with jurisdiction over the place for tax payment a written notification stating that fact, the day on which the person is to submit those documents for provision of security and other matters specified by Ministry of Finance Order (referred to as "written notification of extension of the deadline for submitting documents for provision of security" in the following paragraph and paragraph (27)). In this case, where the day on which the person is to submit them is not stated, the day on which three months have passed counting from the day following that deadline for filing is deemed to be stated.
Where the applicant has submitted a written notification of extension of the deadline for submitting documents for provision of security pursuant to the preceding paragraph, the deadline for filing the documents for provision of security (limited to those relating to that written notification; the same applies in the following paragraph) is the day, stated in that written notification, on which those documents for provision of security are to be submitted (where that day is after the day on which three months have passed counting from the day following the deadline for filing in the preceding paragraph, the day on which those three months have passed).
前項の規定により当該申請者が担保提供関係書類提出期限延長届出書を提出した場合には、担保提供関係書類(当該担保提供関係書類提出期限延長届出書に係るものに限る。次項において同じ。)の提出期限は、当該担保提供関係書類提出期限延長届出書に記載された当該担保提供関係書類を提出する日(その日が前項の提出期限の翌日から起算して三月を経過する日後である場合には、当該経過する日)とする。
With regard to the application of paragraph (6) where a person to whom the preceding two paragraphs (including the case where they apply with terms replaced pursuant to this paragraph) have applied cannot submit the documents for provision of security by the day on which they are to be submitted as prescribed in the preceding paragraph, the phrase "where the person cannot submit, by the deadline for filing the written application referred to in paragraph (1), all or part of the documents for provision of security attached to that written application" in paragraph (6) is deemed to be replaced with "where the person cannot submit the documents for provision of security referred to in the following paragraph by the day on which they are to be submitted as prescribed in that paragraph"; provided, however, that the deadline for filing those documents for provision of security cannot be after the day on which six months have passed counting from the day following the deadline for filing the written application referred to in paragraph (1).
With regard to the application of paragraph (2) in the case where the preceding three paragraphs apply, the phrase "that written application" in paragraph (2) is deemed to be replaced with "documents for provision of security (limited to those relating to the written notification of extension of the deadline for submitting documents for provision of security referred to in paragraph (6))".
Where a written application under paragraph (1) has been submitted, if there are grounds specified by Cabinet Order, such as a deficiency in the statements in that written application, or a deficiency in the statements in the documents for provision of security or their non-submission, the district director may request the applicant to correct that written application or to correct or submit those documents for provision of security.
Where the district director requests the correction of a written application or the correction or submission of documents for provision of security pursuant to the preceding paragraph, the district director is to notify the applicant of this by a document stating that fact and the reasons for it.
An applicant who has been requested under paragraph (10) to correct the written application or to correct or submit the documents for provision of security must correct that written application or correct or submit those documents for provision of security within 20 days counting from the day following the day on which the applicant received the notice under the preceding paragraph. In this case, if the applicant has not corrected that written application or corrected or submitted those documents for provision of security within that period, the applicant is deemed to have withdrawn the application to defer payment on the day on which that period has passed.
An applicant who has been requested under paragraph (10) to correct or submit documents for provision of security may, where the applicant cannot correct or submit those documents for provision of security by the day before the day on which the period has passed as referred to in the preceding paragraph, as provided by Cabinet Order, submit to the competent district director with jurisdiction over the place for tax payment a written notification stating that fact, the day on which the applicant is to correct or submit those documents for provision of security and other matters specified by Ministry of Finance Order (referred to as "written notification of extension of the deadline for completing documents for provision of security" in the following paragraph). In this case, where the day on which the applicant is to make the correction or submission is not stated, the day on which three months have passed counting from the day on which that period has passed is deemed to be stated.
Where the applicant has submitted a written notification of extension of the deadline for completing documents for provision of security pursuant to the preceding paragraph, the deadline for correcting or submitting the documents for provision of security (limited to those relating to that written notification; the same applies in the following paragraph) is the day, stated in that written notification, on which those documents for provision of security are to be corrected or submitted (where that day is after the day on which three months have passed counting from the day on which the period has passed as referred to in the preceding paragraph, the day on which those three months have passed).
前項の規定により当該申請者が担保提供関係書類補完期限延長届出書を提出した場合には、担保提供関係書類(当該担保提供関係書類補完期限延長届出書に係るものに限る。次項において同じ。)の訂正又は提出の期限は、当該担保提供関係書類補完期限延長届出書に記載された当該担保提供関係書類の訂正又は提出をする日(その日が前項の経過した日から起算して三月を経過する日後である場合には、当該経過する日)とする。
With regard to the application of paragraph (13) where a person to whom the preceding two paragraphs (including the case where they apply with terms replaced pursuant to this paragraph) have applied cannot correct or submit the documents for provision of security by the day on which they are to be corrected or submitted as prescribed in the preceding paragraph, the phrase "the day before the day on which the period has passed as referred to in the preceding paragraph" in paragraph (13) is deemed to be replaced with "the day on which they are to be corrected or submitted as prescribed in the following paragraph"; provided, however, that the deadline for correcting or submitting those documents for provision of security cannot be after the day on which six months have passed counting from the day following the day on which the person received the notice under paragraph (11).
With regard to the application of paragraph (2) in the case where paragraph (10) or the preceding three paragraphs apply, the phrase "within three months" in paragraph (2) is deemed to be replaced with "within the period obtained by adding to three months the period from the day following the day on which the applicant received the notice under paragraph (11) until the deadline for correcting the written application (limited to that relating to paragraph (10)) or the deadline for correcting or submitting the documents for provision of security (limited to those relating to paragraph (10)) or the documents for provision of security (limited to those relating to the written notification of extension of the deadline for completing documents for provision of security referred to in paragraph (13)) (referred to as the "deadline for submitting the application, etc." in this paragraph) (where there are multiple notices under paragraph (11), the period obtained by totaling the periods from the day following the day on which each notice was received until the deadline for submitting the application, etc. relating to each notice (where any of those periods overlap, the period excluding the period obtained by totaling the overlapping periods))".
第十項又は前三項の規定の適用がある場合における第二項の規定の適用については、同項中「以内」とあるのは、「に第十一項の規定による通知を申請者が受けた日の翌日から申請書(第十項の規定に係るものに限る。)の訂正の期限又は担保提供関係書類(第十項の規定に係るものに限る。)若しくは担保提供関係書類(第十三項の担保提供関係書類補完期限延長届出書に係るものに限る。)の訂正若しくは提出の期限(以下この項において「申請書等の提出期限」という。)までの期間(第十一項の規定による通知が複数ある場合には、それぞれの通知を受けた日の翌日から当該それぞれの通知に係る申請書等の提出期限までの期間を合算した期間(これらの期間のうち重複する期間がある場合には、当該重複する期間を合算した期間を除いた期間)とする。)を加算した期間内」とする。
With regard to the application of the main clause of paragraph (2) in the case where a change of security has been requested pursuant to the proviso to paragraph (2), the phrase "the deadline for filing that written application" in the main clause of paragraph (2) is deemed to be replaced with "the deadline prescribed in paragraph (5)".
A person who has been requested to change security pursuant to the proviso to paragraph (2) may, where the person cannot submit all or part of the documents for provision of security by the deadline prescribed in paragraph (5), as provided by Cabinet Order, submit to the competent district director with jurisdiction over the place for tax payment a written notification stating that fact, the day on which the person is to submit those documents for provision of security and other matters specified by Ministry of Finance Order (referred to as "written notification of extension of the deadline for submitting documents for provision of changed security" in the following paragraph and paragraph (27)). In this case, where the day on which the person is to submit them is not stated, the day on which three months have passed counting from the day following that deadline is deemed to be stated.
Where the applicant has submitted a written notification of extension of the deadline for submitting documents for provision of changed security pursuant to the preceding paragraph, the deadline for filing the documents for provision of security (limited to those relating to that written notification; the same applies in the following paragraph) is the day, stated in that written notification, on which those documents for provision of security are to be submitted (where that day is after the day on which three months have passed counting from the day following the deadline in the preceding paragraph, the day on which those three months have passed).
前項の規定により当該申請者が変更担保提供関係書類提出期限延長届出書を提出した場合には、担保提供関係書類(当該変更担保提供関係書類提出期限延長届出書に係るものに限る。次項において同じ。)の提出期限は、当該変更担保提供関係書類提出期限延長届出書に記載された当該担保提供関係書類を提出する日(その日が前項の期限の翌日から起算して三月を経過する日後である場合には、当該経過する日)とする。
With regard to the application of paragraph (18) where a person to whom the preceding two paragraphs (including the case where they apply with terms replaced pursuant to this paragraph) have applied cannot submit the documents for provision of security by the day on which they are to be submitted as prescribed in the preceding paragraph, the phrase "the deadline prescribed in paragraph (5)" in paragraph (18) is deemed to be replaced with "the day on which they are to be submitted as prescribed in the following paragraph"; provided, however, that the deadline for filing those documents for provision of security cannot be after the day on which six months have passed counting from the day following the day on which the person received the notice under paragraph (4).
With regard to the application of paragraphs (2) and (5) in the case where the preceding three paragraphs apply, the phrase "that written application" in paragraph (2) is deemed to be replaced with "documents for provision of security (limited to those relating to the written notification of extension of the deadline for submitting documents for provision of changed security referred to in paragraph (18))", and the phrase "within 20 days counting from the day following the day on which the applicant received the notice under the preceding paragraph, submitted the documents for provision of security relating to the change" in paragraph (5) is deemed to be replaced with "by the deadline for filing the documents for provision of security under paragraph (2) as it applies with terms replaced pursuant to paragraph (21), submitted those documents for provision of security relating to the change".
With regard to the application of this Article to a person who is unable to carry out by the deadline the procedures relating to an application for permission to defer payment in the cases listed in the following items, the provisions of each of those items apply according to the category of cases listed in that item.
次の各号に掲げる場合における延納の許可の申請に係る手続をその期限までに行うことができない者に係るこの条の規定の適用については、当該各号に掲げる場合の区分に応じ、当該各号に定めるところによる。
in the case where Article 11 (Extension of Time Limits due to Disasters and Similar Causes) of the Act on General Rules for National Taxes applies: with regard to the application of the provisions of this Article, the phrase "six months" in the proviso to paragraph (8) is deemed to be replaced with "six months plus the period from the day on which a disaster or other unavoidable reason prescribed in Article 11 (Extension of Time Limits due to Disasters and Similar Causes) of the Act on General Rules for National Taxes occurred until the deadline extended pursuant to that Article (referred to as the "period of extension for a disaster or other unavoidable reason" in this Article)", and the phrase "six months" in the proviso to paragraph (15), the proviso to paragraph (20) and paragraph (27) is deemed to be replaced with "six months plus the period of extension for a disaster or other unavoidable reason (where the notice was received on or after the day on which a disaster or other unavoidable reason prescribed in Article 11 of that Act occurred, excluding the period from that day until the day on which the notice was received)";
国税通則法第十一条(災害等による期限の延長)の規定の適用がある場合 この条の規定の適用については、第八項ただし書中「六月」とあるのは「六月に国税通則法第十一条(災害等による期限の延長)に規定する災害その他やむを得ない理由が生じた日から同条の規定により延長された期限までの期間(以下この条において「災害等延長期間」という。)を加算した期間」と、第十五項ただし書、第二十項ただし書及び第二十七項中「六月」とあるのは「六月に災害等延長期間(国税通則法第十一条に規定する災害その他やむを得ない理由が生じた日以後に当該通知を受けた場合には、同日から当該通知を受けた日までの期間を除く。)を加算した期間」とする。
in the case where unavoidable grounds specified by Cabinet Order have arisen, other than the case listed in the preceding item: the deadline for filing the documents for provision of security prescribed in paragraph (5) and other deadlines relating to procedures specified by Cabinet Order are extended by the period specified by Cabinet Order as the period during which those procedures cannot be carried out because of those unavoidable grounds.
In the case where, under paragraph (2), the district director conducts the investigation referred to in paragraph (2) and finds that the investigation requires a period exceeding three months, with regard to the application of paragraph (2), the phrase "three months" in paragraph (2) is deemed to be replaced with "six months".
In the case where a district director conducts the investigation referred to in paragraph (2) pursuant to that paragraph, with regard to the application of paragraph (2) when a disaster or other unavoidable reason prescribed in Article 11 of the Act on General Rules for National Taxes has arisen, or when an unavoidable reason specified by Cabinet Order prescribed in paragraph (22), item (ii) has arisen, the phrase "within three months" in that paragraph is deemed to be replaced with "within the period obtained by adding to three months (six months, if paragraph (23) applies) the period of extension for a disaster or other unavoidable reason prescribed in the proviso to paragraph (8) as applied with the replacement of terms pursuant to paragraph (22), item (i), or the period specified by Cabinet Order prescribed in paragraph (22), item (ii)".
In the case where paragraph (22) applies, when applying paragraph (2) as read with the replacement of terms pursuant to paragraph (9), (17) or (21), the provisions of the preceding paragraph do not apply.
In the case where paragraph (23) or (24) applies, the district director notifies the applicant of that fact by a document stating that fact.
In the case where correction or submission of documents for provision of security has been requested pursuant to paragraph (10), if a written notification of extension of the deadline for submitting documents for provision of security or a written notification of extension of the deadline for submitting documents for provision of changed security has been submitted with regard to the deferment of payment relating to those documents for provision of security, with regard to the application of paragraph (14) and the proviso to paragraph (15), the phrase "if that day is after the day on which three months have passed from the day that has passed referred to in the preceding paragraph, the day on which they have passed" in paragraph (14) is deemed to be replaced with "if that day is after the deadline under the written notification of extension of the deadline for submitting documents for provision of security referred to in paragraph (6) or the written notification of extension of the deadline for submitting documents for provision of changed security referred to in paragraph (18) with regard to the deferment of payment relating to the documents for provision of security for which that correction or submission is requested, that deadline", and the phrase "the day on which six months have passed from the day following the day on which notice was received pursuant to paragraph (11)" in the proviso to paragraph (15) with "the deadline under the written notification of extension of the deadline for submitting documents for provision of security referred to in paragraph (6) or the written notification of extension of the deadline for submitting documents for provision of changed security referred to in paragraph (18) with regard to the deferment of payment relating to the documents for provision of security for which that correction or submission is requested".
第十項の規定により担保提供関係書類の訂正又は提出が求められている場合において、当該担保提供関係書類に係る延納についての担保提供関係書類提出期限延長届出書又は変更担保提供関係書類提出期限延長届出書が提出されているときは、第十四項及び第十五項ただし書の規定の適用については、第十四項中「前項の経過した日から起算して三月を経過する日後である場合には、当該経過する日」とあるのは「当該訂正又は提出が求められている担保提供関係書類に係る延納についての第六項の担保提供関係書類提出期限延長届出書又は第十八項の変更担保提供関係書類提出期限延長届出書による期限後である場合には、当該期限」と、第十五項ただし書中「第十一項の規定による通知を受けた日の翌日から起算して六月を経過する日」とあるのは「当該訂正又は提出が求められている担保提供関係書類に係る延納についての第六項の担保提供関係書類提出期限延長届出書又は第十八項の変更担保提供関係書類提出期限延長届出書による期限」とする。
If the district director does not grant permission to defer payment or reject the application to defer payment within the period prescribed in the main clause of paragraph (2) (where paragraph (9), (16), (17), (21), (23) or (24) applies, within the period prescribed in the main clause of paragraph (2) as applied with the replacement of terms pursuant to those provisions), permission to defer payment is deemed to have been granted under the conditions relating to that application.
The provisions of the preceding paragraphs apply mutatis mutandis where a person liable for tax referred to in paragraph (3) of the preceding Article applies for permission to defer payment pursuant to that paragraph and where the district director grants or rejects permission relating to deferment of payment under that paragraph. In this case, the phrase "inheritance tax" in paragraph (1) is deemed to be replaced with "gift tax", and the phrase "paragraphs (1) and (2) of the preceding Article" in paragraph (2) with "paragraph (3) of the preceding Article".
A person who has received permission to defer payment may, where the person wishes to request a change to the conditions of deferment due to a subsequent change in financial circumstances or otherwise, submit to the district director who granted that permission a written application stating the conditions for which the change is requested and other matters specified by Ministry of Finance Order.
延納の許可を受けた者は、その後の資力の状況の変化等により延納の条件について変更を求めようとする場合においては、その変更を求めようとする条件その他の財務省令で定める事項を記載した申請書を当該延納の許可をした税務署長に提出することができる。
The provisions of paragraphs (2) and (3) apply mutatis mutandis where a person who has received permission to defer payment pursuant to the preceding paragraph submits the written application referred to in that paragraph. In this case, the phrase "deadline for filing" in paragraph (2) is deemed to be replaced with "day of submitting", and the phrase "three months" with "one month".
If the district director finds that it is not appropriate to permit deferment of payment under the conditions relating to the permission, due to a subsequent change in the financial circumstances of a person who has received permission to defer payment or otherwise, the district director may, after hearing that person's explanation, rescind that permission or shorten the deferment period or otherwise change the conditions of deferment.
税務署長は、延納の許可を受けた者のその後の資力の状況の変化等により当該許可に係る条件により延納を認めることが適当でないと認める場合においては、その者の弁明を聴いた上、その許可を取り消し、又は延納期間の短縮その他延納の条件の変更をすることができる。
If the district director has rescinded permission to defer payment or changed the conditions of deferment pursuant to the preceding paragraph, the district director notifies the person liable for tax of that fact and the reasons by a document stating them.
税務署長は、前項の規定により延納の許可を取り消し、又は延納の条件を変更した場合においては、その旨及びその理由を記載した書面により、これを納税義務者に通知する。