A person who has filed a local tax return relating to filing and payment or filing and payment-in (hereinafter in this Article referred to as a "return") may, where, because the calculation of the tax base, etc. or tax amount, etc. stated in that return was not in accordance with the provisions of laws and regulations concerning local taxes or contained an error, any of the following items applies, only within five years from the statutory payment due date of the local tax relating to that return, request the head of the local government, as provided by Order of the Ministry of Internal Affairs and Communications, to make a reassessment of the tax base, etc. or tax amount, etc. relating to that filing (where a reassessment has been made of that tax base, etc. or tax amount, etc., the tax base, etc. or tax amount, etc. after that reassessment).
Where the tax amount to be paid or remitted by the filing of that return (where a reassessment has been made of that tax amount, the tax amount after that reassessment) is excessive;
当該申告書の提出により納付し、又は納入すべき税額(当該税額に関し更正があつた場合には、当該更正後の税額)が過大であるとき。
Where the amount of deficit, etc. stated in that return (where a reassessment has been made of that amount, etc., the amount, etc. after that reassessment) is too small, or where no amount of deficit, etc. was stated in that return (where a reassessment has been made of that return, the written notice relating to that reassessment);
当該申告書に記載した欠損金額等(当該金額等に関し更正があつた場合には、当該更正後の金額等)が過少であるとき、又は当該申告書(当該申告書に関し更正があつた場合には、当該更正に係る通知書)に欠損金額等の記載がなかつたとき。
Where the tax amount equivalent to the amount of the refund under the provisions of this Act stated in that return (where a reassessment has been made of that tax amount, the tax amount after that reassessment) is too small, or where no tax amount equivalent to the amount of that refund was stated in that return (where a reassessment has been made of that return, the written notice relating to that reassessment).
当該申告書に記載したこの法律の規定による還付金の額に相当する税額(当該税額に関し更正があつた場合には、当該更正後の税額)が過少であるとき、又は当該申告書(当該申告書に関し更正があつた場合には、当該更正に係る通知書)に当該還付金の額に相当する税額の記載がなかつたとき。
A person who has filed a return, or a person who has received a determination of the tax base, etc. or tax amount, etc. to be stated in a return, may, where any of the following items applies (for a person who has filed a return, limited to the case where the day on which the period set forth in that item expires falls after the day on which the period prescribed in paragraph (1) expires), notwithstanding that paragraph, make a request for reassessment under that paragraph (except in Article 72-48-2, paragraph (5) and Article 72-50, paragraph (3), hereinafter referred to as a "request for reassessment") during the period set forth in that item, on the ground that that item applies.
申告書を提出した者又は申告書に記載すべき課税標準等若しくは税額等につき決定を受けた者は、次の各号のいずれかに該当する場合(申告書を提出した者については、当該各号に掲げる期間の満了する日が前項に規定する期間の満了する日後に到来する場合に限る。)には、同項の規定にかかわらず、当該各号に掲げる期間において、その該当することを理由として同項の規定による更正の請求(第七十二条の四十八の二第五項及び第七十二条の五十第三項を除き、以下「更正の請求」という。)をすることができる。
Where it has become final, by a judgment on an action concerning the facts forming the basis for calculating the tax base, etc. or tax amount, etc. relating to the filing, reassessment or determination (including a settlement or other act having the same effect as a judgment), that those facts differ from those on which that calculation was based: within two months counting from the day following the day on which it became final;
その申告、更正又は決定に係る課税標準等又は税額等の計算の基礎となつた事実に関する訴えについての判決(判決と同一の効力を有する和解その他の行為を含む。)により、その事実が当該計算の基礎としたところと異なることが確定したとき。 その確定した日の翌日から起算して二月以内
Where, in calculating the tax base, etc. or tax amount, etc. relating to the filing, reassessment or determination, a reassessment, determination or assessment determination of a local tax has been made with respect to another person, treating income or any other object of taxation that had been regarded as attributable to the person who made the filing or received the determination as attributable to that other person: within two months counting from the day following the day on which that reassessment, determination or assessment determination was made;
Where there is any other unavoidable reason specified by Cabinet Order, similar to those in the preceding two items, that has arisen after the statutory payment due date of that local tax: within two months counting from the day following the day on which that reason arose.
A person who intends to make a request for reassessment must submit to the head of the local government a written request for reassessment stating the tax base, etc. or tax amount, etc. after the reassessment relating to the request, the reason for making the request for reassessment, the details of the circumstances leading to the request, the tax amount to be paid or remitted before the reassessment relating to the request, the tax amount equivalent to the amount of the refund under the provisions of this Act that is to be stated in the return, and other matters useful as reference.
When a request for reassessment has been made, the head of the local government must investigate the tax base, etc. or tax amount, etc. relating to the request, and either make a reassessment or notify the person who made the request that there is no ground for making a reassessment.
Even where a request for reassessment has been made, the head of the local government does not defer the collection of the local government levies relating to the local tax relating to the request; provided, however, that where the head of the local government finds that there is a reasonable ground, the head may defer the collection of the whole or part of those local government levies.
The tax base, etc. prescribed in paragraphs (1) through (4) means the tax base (for a local tax for which this Act or a Prefectural or Municipal Ordinance based on it provides for a tax base amount or a quantity to be the tax base, the tax base amount or the quantity to be the tax base) and the amounts deducted from it, and the amount of deficit, etc. (meaning the deductible deficit adjustment amount before application of group tax sharing prescribed in Article 53, paragraph (4) or Article 321-8, paragraph (4), the deductible pre-merger, etc. loss adjustment amount prescribed in Article 53, paragraph (9) or Article 321-8, paragraph (9), the deductible adjustment amount for income subject to group tax sharing prescribed in Article 53, paragraph (14) or Article 321-8, paragraph (14), the deductible allocated deficit adjustment amount prescribed in Article 53, paragraph (20) or Article 321-8, paragraph (20), the domestic corporation's refunded corporation tax eligible for deduction prescribed in Article 53, paragraph (23), item (i) or Article 321-8, paragraph (23), item (i), the deductible refunded corporation tax on a foreign corporation's income attributable to a permanent establishment prescribed in Article 53, paragraph (23), item (ii) or Article 321-8, paragraph (23), item (ii), the deductible refunded corporation tax on a foreign corporation's income not attributable to a permanent establishment prescribed in Article 53, paragraph (23), item (iii) or Article 321-8, paragraph (23), item (iii), or the deductible adjustment amount for deficit eligible for a refund prescribed in Article 53, paragraph (27) or Article 321-8, paragraph (27), that can be carried forward in sequence and deducted, under the provisions of this Act or Cabinet Order based on it, in calculating the corporation tax amount forming the tax base of the corporation tax levy of prefectural inhabitant tax or municipal inhabitant tax for business years after the relevant business year; or the amount of deficit that can be carried forward in sequence and deducted, under the provisions of this Act or Cabinet Order based on it, in calculating the income forming the tax base of the income levy of enterprise tax imposed on the business conducted by a corporation for business years after the relevant business year), and the tax amount, etc. prescribed in those paragraphs means the tax amount to be paid or remitted and the amounts deducted in calculating it, and the tax amount equivalent to the amount of the refund under the provisions of this Act that is to be stated in the return and the tax amount forming the basis for calculating it.
第一項から第四項までに規定する課税標準等とは、課税標準(この法律又はこれに基づく条例に課税標準額又は課税標準となる数量の定めがある地方税については、課税標準額又は課税標準となる数量)及びこれから控除する金額並びに欠損金額等(この法律若しくはこれに基づく政令の規定により当該事業年度後の事業年度分の道府県民税若しくは市町村民税の法人税割の課税標準となる法人税額の計算上順次繰り越して控除することができる第五十三条第四項若しくは第三百二十一条の八第四項に規定する控除対象通算適用前欠損調整額、第五十三条第九項若しくは第三百二十一条の八第九項に規定する控除対象合併等前欠損調整額、第五十三条第十四項若しくは第三百二十一条の八第十四項に規定する控除対象通算対象所得調整額、第五十三条第二十項若しくは第三百二十一条の八第二十項に規定する控除対象配賦欠損調整額、第五十三条第二十三項第一号若しくは第三百二十一条の八第二十三項第一号に規定する内国法人の控除対象還付法人税額、第五十三条第二十三項第二号若しくは第三百二十一条の八第二十三項第二号に規定する外国法人の恒久的施設帰属所得に係る控除対象還付法人税額、第五十三条第二十三項第三号若しくは第三百二十一条の八第二十三項第三号に規定する外国法人の恒久的施設非帰属所得に係る控除対象還付法人税額若しくは第五十三条第二十七項若しくは第三百二十一条の八第二十七項に規定する控除対象還付対象欠損調整額又はこの法律若しくはこれに基づく政令の規定により当該事業年度後の事業年度分の法人の行う事業に対して課する事業税の所得割の課税標準となる所得の計算上順次繰り越して控除することができる欠損金額をいう。)をいい、これらの項に規定する税額等とは、納付し、又は納入すべき税額及びその計算上控除する金額並びに申告書に記載すべきこの法律の規定による還付金の額に相当する税額及びその計算の基礎となる税額をいう。
Read this with the articles around it
head of a local governmentmachine translation
「地方団体の長」
The governor of a prefecture (道府県知事) or the mayor of a municipality (市町村長).
Defined inArticle 1, paragraph (1), item (ii)· applies throughout the law
local taxmachine translation
「地方税」
A prefectural tax or a municipal tax, as Article 1(1)(iv) of the Local Tax Act defines local tax.
Defined inArticle 1, paragraph (1), item (iv)· applies throughout the law
filing and paymentmachine translation
「申告納付」
A way of collecting a local tax in which the taxpayer declares the tax base and the amount of tax due and pays the tax so declared.
Defined inArticle 1, paragraph (1), item (viii)· applies throughout the law
filing and payment-inmachine translation
「申告納入」
A way of collecting a local tax in which the special collection agent (特別徴収義務者) declares the tax base and the amount of the tax it is to collect and pays the tax so declared in to the local government.
Defined inArticle 1, paragraph (1), item (xi)· applies throughout the law
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
assessment determinationmachine translation
「賦課決定」
A decision fixing the amount of a local tax collected by ordinary collection (普通徴収), including one fixing the amount of an individual's prefectural or municipal inhabitant tax (道府県民税, 市町村民税) or national health insurance tax (国民健康保険税) to be collected by special collection (特別徴収).
Defined inArticle 17-4, paragraph (1), item (i)· applies only in this chapter
returnmachine translation
「申告書」
A return for a local tax paid by filing and payment (申告納付) or by filing and payment-in (申告納入); its filer may, within five years of the statutory due date, ask the head of the local government to correct the tax base or tax stated in it where it was wrongly worked out and the tax was too high, a loss or a refund too small or left out.
Short name set inArticle 20-9-3, paragraph (1)· applies only in this article
request for reassessmentmachine translation
「更正の請求」
A request under Article 20-9-3, paragraph 1 to the head of the local government (地方団体の長), by a person who filed a local tax return (申告書), to correct the tax base or tax amount in it because the tax was overstated, a loss understated or a refund understated through a calculation error or a failure to follow the law, made within five years of the statutory payment deadline, or within the later periods paragraph 2 of that Article allows.
Short name set inArticle 20-9-3, paragraph (2)· applies from here on, except in Article 72-48-2, paragraph (5); and Article 72-50, paragraph (3)
domestic corporation's refunded corporation tax eligible for deductionmachine translation
「内国法人の控除対象還付法人税額」
For a domestic corporation (内国法人) that has received a refund of corporation tax under Article 80 of the Corporation Tax Act, the corporation tax refunded, which is deducted from the corporation tax forming the base of its corporation tax levy (法人税割) for a later business year, up to that tax as the paragraph limits it and only so far as not already deducted in earlier years.
Short name set inArticle 321-8, paragraph (23), item (i)· applies only in this paragraph and in Article 321-8, paragraphs (24) and (25)
deductible refunded corporation tax on a foreign corporation's income attributable to a permanent establishmentmachine translation
「外国法人の恒久的施設帰属所得に係る控除対象還付法人税額」
Corporation tax (法人税) refunded to a foreign corporation under Article 144-13 of the Corporation Tax Act on its domestic source income attributable to a permanent establishment (恒久的施設) of Article 141, item 1(a) of that Act, which is deducted, so far as no earlier business year has deducted it, from the corporation tax on that income on which its prefectural or municipal inhabitant tax corporation tax levy (法人税割) is based.
Short name set inArticle 321-8, paragraph (23), item (ii)· applies only in this paragraph and in Article 321-8, paragraphs (24) and (25)
deductible refunded corporation tax on a foreign corporation's income not attributable to a permanent establishmentmachine translation
「外国法人の恒久的施設非帰属所得に係る控除対象還付法人税額」
Corporation tax (法人税) refunded to a foreign corporation under Article 144-13 of the Corporation Tax Act on its other domestic source income of Article 141, item 1(b) of that Act, not attributable to a permanent establishment (恒久的施設), which is deducted, so far as no earlier business year has deducted it, from the corporation tax on that income on which its prefectural or municipal inhabitant tax corporation tax levy (法人税割) is based.
Short name set inArticle 321-8, paragraph (23), item (iii)· applies only in this paragraph and in Article 321-8, paragraphs (24) and (25)
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.