A corporation that conducts business with offices or places of business established in two or more prefectures (hereinafter in this Article referred to as a "corporation with offices in two or more prefectures"), when it files and pays enterprise tax under Article 72-25, Article 72-26 (excluding paragraph (5)), Article 72-28 or Article 72-29, or files and pays enterprise tax by an amended return under Article 72-31, paragraph (2) or (3), must apportion the total tax base amount pertaining to that business (for a corporation listed in Article 72-24-7, paragraph (1), item (iii) whose total income for each business year exceeds 4,000,000 yen per year (or, where the business year of that corporation is less than one year, the amount calculated by applying paragraph (6) of that Article; the same applies hereinafter in this paragraph) and is 8,000,000 yen or less per year (or, where the business year of that corporation is less than one year, the amount calculated by applying paragraph (6) of that Article; the same applies hereinafter in this paragraph), or for a corporation listed in item (ii) of that paragraph whose total income for each business year exceeds 4,000,000 yen per year, the amount obtained by dividing the total income for each business year into the portion of 4,000,000 yen or less per year and the portion exceeding 4,000,000 yen per year, and for a corporation listed in item (iii) of that paragraph whose total income for each business year exceeds 8,000,000 yen per year, the amount obtained by dividing the total income for each business year into the portion of 4,000,000 yen or less per year, the portion exceeding 4,000,000 yen and 8,000,000 yen or less per year, and the portion exceeding 8,000,000 yen per year; the same applies hereinafter with respect to enterprise tax on a business conducted by a corporation) among the relevant prefectures on the basis of the apportionment basis, calculate the amount of enterprise tax for each relevant prefecture taking the apportioned amount as the tax base, and file and pay it, or file and pay it by amended return, to the relevant prefectures. In this case, a detailed statement on the apportionment of the total tax base amount, as specified by Order of the Ministry of Internal Affairs and Communications, must be attached to the return or amended return to be submitted to the relevant prefectural governor.
二以上の道府県において事務所又は事業所を設けて事業を行う法人(以下この条において「分割法人」という。)は、第七十二条の二十五、第七十二条の二十六(第五項を除く。)、第七十二条の二十八若しくは第七十二条の二十九の規定により事業税を申告納付し、又は第七十二条の三十一第二項若しくは第三項の規定により事業税を修正申告納付する場合には、当該事業に係る課税標準額の総額(第七十二条の二十四の七第一項第三号に掲げる法人で各事業年度の所得の総額が年四百万円(当該法人の当該事業年度が一年に満たない場合には、同条第六項の規定を適用して計算した金額。以下この項において同じ。)を超え年八百万円(当該法人の当該事業年度が一年に満たない場合には、同条第六項の規定を適用して計算した金額。以下この項において同じ。)以下のもの又は同条第一項第二号に掲げる法人で各事業年度の所得の総額が年四百万円を超えるものにあつては、当該各事業年度の所得の総額を年四百万円以下の部分の金額及び年四百万円を超える部分の金額に区分した金額とし、同項第三号に掲げる法人で各事業年度の所得の総額が年八百万円を超えるものにあつては、当該各事業年度の所得の総額を年四百万円以下の部分の金額、年四百万円を超え年八百万円以下の部分の金額及び年八百万円を超える部分の金額に区分した金額とする。以下法人の行う事業に対する事業税について同じ。)を分割基準により関係道府県ごとに分割し、その分割した額を課税標準として、関係道府県ごとに事業税額を算定し、これを関係道府県に申告納付し、又は修正申告納付しなければならない。この場合において、関係道府県知事に提出すべき申告書又は修正申告書には、総務省令で定める課税標準額の総額の分割に関する明細書を添付しなければならない。
Where the period of the business year of a corporation with offices in two or more prefectures exceeds six months (where that corporation is a group tax sharing subsidiary corporation, where the business year of the group tax sharing parent corporation containing the start date of that business year exceeds six months and, on the day on which six months have elapsed from the start date of that business year of the group tax sharing parent corporation, there is a group tax sharing full controlling interest between that corporation and the group tax sharing parent corporation pertaining to it), notwithstanding the preceding paragraph, the amount of enterprise tax that the corporation is to file and pay to the relevant prefectures under the main clause of Article 72-26, paragraph (1), or the amount of enterprise tax that it is to file and pay by amended return in connection with that filing and payment, is the amount calculated by dividing the total of the amount of tax paid and the amount of tax that has become finalized as payable as enterprise tax for the previous business year, for each relevant prefecture, by the number of months of the previous business year and multiplying the result by the number of months of the interim period. However, where the offices or places of business located in a relevant prefecture as of the day preceding the day on which six months have elapsed differ, owing to relocation or other reason, from the offices or places of business located in that relevant prefecture in the previous business year, or where it is found that the figures of the apportionment basis for each relevant prefecture as of the day preceding the day on which six months have elapsed differ significantly from the figures of the apportionment basis for each relevant prefecture in the previous business year, the amount of enterprise tax that the corporation with offices in two or more prefectures is to file and pay to the relevant prefectures under the main clause of Article 72-26, paragraph (1), or the amount of enterprise tax that it is to file and pay by amended return in connection with that filing and payment, may be the amount of tax calculated by taking as the tax base the amount obtained by dividing the total tax base amount that formed the basis for calculating the total of the amount of tax paid and the amount of tax that has become finalized as payable as enterprise tax for the previous business year by the number of months of the previous business year and multiplying the result by the number of months of the interim period, apportioned among the relevant prefectures under the preceding paragraph in the same manner as for a corporation that files and pays under the proviso to Article 72-26, paragraph (1).
分割法人の事業年度の期間が六月を超える場合(当該分割法人が通算子法人である場合には、当該事業年度開始の日の属する通算親法人事業年度が六月を超え、かつ、当該通算親法人事業年度開始の日以後六月を経過した日において当該分割法人に係る通算親法人との間に通算完全支配関係がある場合)には、当該分割法人が第七十二条の二十六第一項本文の規定により関係道府県に申告納付すべき事業税額又は当該申告納付に係る修正申告納付すべき事業税額は、前項の規定にかかわらず、関係道府県ごとの当該事業年度の前事業年度の事業税として納付した税額及び納付すべきことが確定した税額の合計額を当該事業年度の前事業年度の月数で除して得た額に中間期間の月数を乗じて計算した額に相当する額とする。ただし、当該分割法人の六月経過日の前日現在において関係道府県に所在する事務所若しくは事業所が移動その他の事由により当該事業年度の前事業年度の関係道府県に所在する事務所若しくは事業所と異なる場合又は六月経過日の前日現在における関係道府県ごとの分割基準の数値が当該事業年度の前事業年度の関係道府県ごとの分割基準の数値と著しく異なると認める場合には、当該分割法人が第七十二条の二十六第一項本文の規定により関係道府県に申告納付すべき事業税額又は当該申告納付に係る修正申告納付すべき事業税額は、当該事業年度の前事業年度の事業税として納付した税額及び納付すべきことが確定した税額の合計額の算定の基礎となつた課税標準額の総額を当該事業年度の前事業年度の月数で除して得た額に中間期間の月数を乗じて計算した額に相当する額を同項ただし書の規定による申告納付をする法人に準じて前項の規定により関係道府県ごとに分割した額を課税標準として算定した税額とすることができる。
The "apportionment basis" in the preceding two paragraphs means the basis for apportioning the total tax base amount among the relevant prefectures, as provided in each of the following items according to the category of business set forth in that item.
Manufacturing business: to apportion the total tax base amount in proportion to the number of workers at the offices or places of business located in the relevant prefectures stated in the return or amended return (hereinafter in this paragraph through paragraph (5) referred to as "offices or places of business");
Electricity supply business: to apportion the total tax base amount among the relevant prefectures as provided below according to the category of business listed below;
電気供給業 次に掲げる事業の区分に応じ、それぞれ次に定めるところにより課税標準額の総額を関係道府県ごとに分割すること。
Retail electricity business, etc.: to apportion an amount equivalent to one half of the total tax base amount in proportion to the number of offices or places of business, and an amount equivalent to one half of the total tax base amount in proportion to the number of workers at offices or places of business;
General electricity transmission and distribution business prescribed in Article 2, paragraph (1), item (viii) of the Electricity Business Act (referred to in paragraph (9), items (i) and (ii) as "general electricity transmission and distribution business"), electricity transmission business prescribed in item (x) of that paragraph (referred to in paragraph (9), items (i) and (ii) as "electricity transmission business") (including what is specified by Order of the Ministry of Internal Affairs and Communications as equivalent to it), electricity distribution business prescribed in item (xi)-2 of that paragraph (referred to in paragraph (9), items (i) and (ii) as "electricity distribution business") and specified electricity transmission and distribution business prescribed in item (xii) of that paragraph: to apportion the total tax base amount among the relevant prefectures as provided below according to the category of cases listed below;
In cases other than the case listed in (2): to apportion an amount equivalent to three quarters of the total tax base amount in proportion to the electric capacity (meaning capacity expressed in kilowatts; the same applies in item (iii) of the following paragraph) of electric lines (limited to those meeting the requirements specified by Order of the Ministry of Internal Affairs and Communications; the same applies in (2) and item (iii) of the following paragraph) that are electrically connected to electric facilities for power generation, etc. (meaning electric facilities for power generation, etc. prescribed in Article 2, paragraph (1), item (v), (b) of the Electricity Business Act; the same applies in (2)) of a power station or a facility for electricity storage in the prefecture where the offices or places of business are located, and an amount equivalent to one quarter of the total tax base amount in proportion to the value of the fixed assets of offices or places of business;
In the case where, in none of the prefectures where the offices or places of business are located, there is an electric line electrically connected to electric facilities for power generation, etc. of a power station or a facility for electricity storage: to apportion the total tax base amount in proportion to the value of the fixed assets of offices or places of business;
Power generation business, etc. and specified wholesale supply business: to apportion the total tax base amount among the relevant prefectures as provided below according to the category of cases listed below;
In cases other than the case listed in (2): to apportion an amount equivalent to three quarters of the total tax base amount in proportion to the value of the fixed assets of offices or places of business that are used for a power station or a facility for electricity storage, and an amount equivalent to one quarter of the total tax base amount in proportion to the value of the fixed assets of offices or places of business;
In the case where there are no fixed assets of offices or places of business that are used for a power station or a facility for electricity storage: to apportion the total tax base amount in proportion to the value of the fixed assets of offices or places of business;
Gas supply business and warehousing business: to apportion the total tax base amount in proportion to the value of the fixed assets of offices or places of business;
Railway business and track business: to apportion the total tax base amount in proportion to the length in kilometers of track in the prefectures where the offices or places of business are located;
Business other than those listed in the preceding items: to apportion an amount equivalent to one half of the total tax base amount in proportion to the number of offices or places of business, and an amount equivalent to one half of the total tax base amount in proportion to the number of workers at offices or places of business.
The numerical value of the apportionment basis prescribed in the preceding paragraph (hereinafter referred to as the "apportionment basis" in this Subsection) is to be calculated, in accordance with the categories set out in the following items, as provided for in the relevant item.
Number of workers: the figure as of the last day of the business year; provided, however, that for an office or place of business that is a factory of a corporation conducting a manufacturing business whose amount of stated capital or amount of capital contributions is 100,000,000 yen or more, the figure obtained by adding to that figure a figure equivalent to one half of that figure (or, where that figure is an odd number, one half of the figure obtained by adding one to that figure);
従業者の数 事業年度終了の日現在における数値。ただし、資本金の額又は出資金の額が一億円以上の製造業を行う法人の工場である事業所等については、当該数値に当該数値(当該数値が奇数である場合には、当該数値に一を加えた数値)の二分の一に相当する数値を加えた数値
Number of offices or places of business: the figure obtained by totaling the figures as of the last day of each month belonging to the business year (where no month ends during that business year, the figure as of the last day of that business year);
Electric power capacity of electric lines, value of fixed assets, and length of track in kilometers: the figure as of the last day of the business year.
電線路の電力の容量、固定資産の価額及び軌道の延長キロメートル数 事業年度終了の日現在における数値
For the offices or places of business set out in the following items, the number specified in the relevant item (where a fraction of less than one person arises in that number, it is to be counted as one person) is deemed to be the number of workers set out in item (i) of the preceding paragraph.
An office or place of business newly established in the middle of a business year: the number obtained by multiplying the number of workers as of the last day of that business year by the ratio of the number of months from the day on which that office or place of business was newly established to the last day of that business year to the number of months in that business year;
An office or place of business abolished in the middle of a business year: the number obtained by multiplying the number of workers as of the last day of the month immediately preceding the month in which the day of that abolition falls by the ratio of the number of months during which that abolished office or place of business was located in that business year to the number of months in that business year;
An office or place of business specified by Cabinet Order as one in which the number of workers fluctuates significantly throughout the business year: the number obtained by dividing the total of the numbers of workers as of the last day of each month belonging to that business year by the number of months in that business year.
The number of months set forth in the preceding paragraph is calculated according to the calendar; a division of less than one month is counted as one month.
前項の月数は、暦に従つて計算し、一月に満たない端数を生じたときは、これを一月とする。
Where paragraph (4) is applied to the apportionment basis relating to the interim payment of a corporation that is to file and pay under the proviso to Article 72-26, paragraph (1) or the proviso to paragraph (2) of that Article, the interim period of that corporation is deemed to be one business year.
As for the apportionment of the total tax base amount relating to the business of a corporation with offices in two or more prefectures in the case where that corporation concurrently conducts businesses to which two or more apportionment bases are to be applied, it is to be based on the apportionment basis prescribed for the principal business among those businesses.
As for the apportionment of the total tax base amount relating to the business of a corporation with offices in two or more prefectures in the case where that corporation conducts an electricity supply business and there are two or more apportionment bases relating to that electricity supply business, notwithstanding the preceding paragraph, it is to be based on the apportionment basis specified in the relevant item, in accordance with the categories of cases set out in the following items.
Where the corporation concurrently conducts a general electricity transmission and distribution business, electricity transmission business or electricity distribution business and a business other than a general electricity transmission and distribution business, electricity transmission business and electricity distribution business: the apportionment basis specified in paragraph (3), item (ii), (b);
Where the corporation concurrently conducts a power generation business (meaning a power generation business prescribed in Article 2, paragraph (1), item (xiv) of the Electricity Business Act; the same applies hereinafter in this item) and a business other than a general electricity transmission and distribution business, electricity transmission business, electricity distribution business and power generation business: the apportionment basis specified in paragraph (3), item (ii), (c);
In cases other than those set out in the preceding two items: the apportionment basis prescribed for the principal business within the electricity supply business.
In the case referred to in the preceding paragraph, as for the apportionment of the total tax base amount relating to the business of a corporation with offices in two or more prefectures in the case where that corporation concurrently conducts an electricity supply business and a business other than an electricity supply business, notwithstanding the preceding two paragraphs, it is first to be determined which of the electricity supply business and the business other than the electricity supply business is its principal business, and, according to that determination, where the electricity supply business is the principal business, the apportionment is to be based on the apportionment basis specified in the relevant item in accordance with the categories of cases set out in the items of the preceding paragraph, and where the business other than the electricity supply business is the principal business, it is to be based on the apportionment basis prescribed for that business.
Where a corporation with offices in two or more prefectures concurrently conducts a railway business or track business and a business other than those businesses, notwithstanding the preceding three paragraphs, the total tax base amount relating to the business of that corporation is to be apportioned for each relevant prefecture, as provided by Cabinet Order, by the apportionment basis prescribed for those businesses with respect to the portion relating to the railway business or track business, and by the apportionment basis prescribed for the principal business among the businesses other than those businesses with respect to the portion relating to the businesses other than those businesses.
In addition to what is provided for in the preceding paragraphs, matters necessary for the apportionment of the total tax base amount are specified by Order of the Ministry of Internal Affairs and Communications.
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
retail electricity business, etc.machine translation
「小売電気事業等」
A retail electricity business (小売電気事業) under Article 2, paragraph 1, item 2 of the Electricity Business Act, together with businesses similar to it that an Order of the Ministry of Internal Affairs and Communications (総務省令) specifies.
Short name set inArticle 72-2, paragraph (1), item (iii)· applies only in this section
specified wholesale supply businessmachine translation
「特定卸供給事業」
Specified wholesale supply business as defined in Article 2, paragraph 1, item 15-3 of the Electricity Business Act, one of the electricity supply businesses whose enterprise tax (事業税) Article 72-2, paragraph 1, item 3 sets as including the revenue levy (収入割).
Short name set inArticle 72-2, paragraph (1), item (iii)· applies only in this section
power generation business, etc.machine translation
「発電事業等」
For the enterprise tax (事業税), a power generation business as defined in Article 2, paragraph 1, item 14 of the Electricity Business Act, or a business an Order of the Ministry of Internal Affairs and Communications (総務省令) treats as one; a corporation carrying it on is taxed on revenue together with, as the case may be, added value and capital, or income.
Short name set inArticle 72-2, paragraph (1), item (iii)· applies only in this section
business yearmachine translation
「事業年度」
In the section on enterprise tax (事業税), a business year set by laws and regulations, articles of incorporation, acts of endowment, rules or by-laws, or a similar period, or, for a corporation with none, a period set as paragraphs 2 and 3 of Article 72-13 provide.
Defined inArticle 72-13, paragraph (1)· applies only in this section
group tax sharing parent corporationmachine translation
「通算親法人」
A group tax sharing parent corporation as defined in Article 2, item 12-6-7 of the Corporation Tax Act: the parent corporation (親法人) described in Article 64-9, paragraph 1 of that Act that has received the approval of the Commissioner of the National Tax Agency (国税庁長官) under that paragraph.
Defined inArticle 72-13, paragraph (6)· applies only in this section
group tax sharing subsidiary corporationmachine translation
「通算子法人」
A group tax sharing subsidiary corporation as defined in Article 2, item 12-7 of the Corporation Tax Act: another domestic corporation described in Article 64-9, paragraph 2 of that Act that has received the approval under paragraph 1 of that Article.
Defined inArticle 72-13, paragraph (7)· applies only in this section
group tax sharing full controlling interestmachine translation
「通算完全支配関係」
A group tax sharing full controlling interest as defined in Article 2, item 12-7-7 of the Corporation Tax Act: the full controlling interest (完全支配関係) between a group tax sharing parent corporation (通算親法人) and a group tax sharing subsidiary corporation (通算子法人), limited to the relationship a Cabinet Order (政令) sets under Article 64-9, paragraph 1 of that Act, or the relationship between subsidiaries that each have such an interest with the parent.
Defined inArticle 72-13, paragraph (7)· applies only in this section
interim periodmachine translation
「中間期間」
For a corporation's interim enterprise tax (事業税) return, the period from the start of its business year to the day before six months have passed since that start (for a subsidiary in a group tax sharing (通算子法人), since the start of its parent's business year).
Short name set inArticle 72-26, paragraph (1)· applies only in this paragraph and in Article 72-26, paragraphs (2) to (4); and Article 72-48
day on which six months have elapsedmachine translation
「六月経過日」
In the Section on corporate enterprise tax (事業税), the day six months after the start of a business year (for a consolidated subsidiary (通算子法人), of its consolidated parent's business year) that is longer than six months; the interim return and payment of enterprise tax are due within two months of it.
Short name set inArticle 72-26, paragraph (1)· applies only in this section
business year of the group tax sharing parent corporationmachine translation
「通算親法人事業年度」
The business year of a corporation's group tax sharing parent corporation (通算親法人), which Articles 53, 321-8 and 72-26 use to decide whether, and by when, a group tax sharing subsidiary corporation (通算子法人) must file an interim return of its corporate inhabitant taxes or enterprise tax (事業税).
Short name set inArticle 72-26, paragraph (1)· applies only in this paragraph and in Article 72-48, paragraph (2)
interim paymentmachine translation
「中間納付額」
The enterprise tax (事業税) entered, or that should have been entered, on a corporation's interim return under Article 72-26.
Short name set inArticle 72-28, paragraph (4)· applies only in this article and in Articles 72-41-4, 72-44, 72-46 and 72-48
tax base amountmachine translation
「課税標準額」
For the enterprise tax (事業税) on corporations, the added value (付加価値額), capital, etc. (資本金等の額), income (所得) or revenue (収入金額) stated in a return or amended return, or fixed by a reassessment or determination, taken together.
Short name set inArticle 72-31, paragraph (2)· applies only in this section
amended returnmachine translation
「修正申告書」
In the subsection on electronic filing by specified corporations (特定法人) that Article 72-32 opens, an amended return of the corporate enterprise tax (事業税) under Article 72-31, paragraph 2 or 3: one filed where the tax base or tax shown was too low, or within one month after the national tax office corrects or determines the corporation tax base.
Short name set inArticle 72-32, paragraph (1)· applies only in this subsection
returnmachine translation
「申告書」
From Article 72-32 to the end of its subsection on corporations' enterprise tax (事業税), the returns under Articles 72-25, 72-26, 72-28 and 72-29.
Short name set inArticle 72-32, paragraph (1)· applies only in this subsection
corporation with offices in two or more prefecturesmachine translation
「分割法人」
In Article 72-48, a corporation that carries on business with offices or places of business in two or more prefectures, whose enterprise tax (事業税) base is divided among those prefectures by the apportionment basis (分割基準).
Short name set inArticle 72-48, paragraph (1)· applies only in this article
apportionment basismachine translation
「分割基準」
The basis, set by kind of business in Article 72-48, paragraph 3, for dividing the total tax base of enterprise tax (事業税) of a corporation with offices in two or more prefectures among those prefectures: employee numbers for manufacturing; numbers of offices and employees, line capacity or fixed assets for electricity supply; fixed assets for gas supply and warehousing; track length for railway and tramway businesses; and numbers of offices and employees, half each, for other businesses.
Defined inArticle 72-48, paragraph (3)
office or place of businessmachine translation
「事業所等」
An office or place of business in a prefecture concerned, as entered on a return or amended return, among which a corporation's enterprise tax (事業税) base is divided.
Short name set inArticle 72-48, paragraph (3), item (i)· applies only in this paragraph and in Article 72-48, paragraphs (4) and (5)
general electricity transmission and distribution businessmachine translation
「一般送配電事業」
A general electricity transmission and distribution business as defined in Article 2, paragraph 1, item 8 of the Electricity Business Act.
Short name set inArticle 72-48, paragraph (3), item (ii), (b)· applies only in this provision and in Article 72-48, paragraph (9), items (i) and (ii)
electricity transmission businessmachine translation
「送電事業」
An electricity transmission business as defined in Article 2, paragraph 1, item 10 of the Electricity Business Act, one of the electricity businesses whose enterprise tax (事業税) base Article 72-48, paragraph 3, item 2(b) divides among the prefectures where the business has offices.
Short name set inArticle 72-48, paragraph (3), item (ii), (b)· applies only in this provision and in Article 72-48, paragraph (9), items (i) and (ii)
electricity distribution businessmachine translation
「配電事業」
An electricity distribution business as defined in Article 2, paragraph 1, item 11-2 of the Electricity Business Act.
Short name set inArticle 72-48, paragraph (3), item (ii), (b)· applies only in this provision and in Article 72-48, paragraph (9), items (i) and (ii)
electric facilities for power generation, etc.machine translation
「発電等用電気工作物」
Electric facilities for power generation, etc. as defined in Article 2, paragraph 1, item 5(b) of the Electricity Business Act; for dividing an electricity supplier's enterprise tax (事業税) base among prefectures, three quarters of it is shared out by the capacity of the power lines connected to such facilities of power stations and storage facilities in each prefecture.
Defined inArticle 72-48, paragraph (3), item (ii), (b), (1)· applies only in this provision and in Article 72-48, paragraph (3), item (ii), (b), (2)
apportionment basismachine translation
「分割基準」
The basis, set by kind of business in Article 72-48, paragraph 3, for dividing the total tax base of enterprise tax (事業税) of a corporation with offices in two or more prefectures among those prefectures: employee numbers for manufacturing; numbers of offices and employees, line capacity or fixed assets for electricity supply; fixed assets for gas supply and warehousing; track length for railway and tramway businesses; and numbers of offices and employees, half each, for other businesses.
Short name set inArticle 72-48, paragraph (4)· applies only in this subsection
power generation businessmachine translation
「発電事業」
A power generation business as defined in Article 2, paragraph 1, item 14 of the Electricity Business Act; where a corporation carries on it together with businesses other than general electricity transmission and distribution, electricity transmission, electricity distribution and power generation, its enterprise tax (事業税) base is divided among prefectures by the criterion Article 72-48, paragraph 3, item 2(c) sets.
Defined inArticle 72-48, paragraph (9), item (ii)· applies only in this item