Article 20Effect of Amended Return
第二十条(修正申告の効力)
The filing of an amended return that increases the tax amount payable that has already been determined does not affect the tax liability for the part of the national tax pertaining to the tax amount payable already determined.
Article 21Place for Filing Tax Returns, etc.
第二十一条(納税申告書の提出先等)
A tax return must be filed with the district director of the tax office with jurisdiction over the place for tax payment of the national tax at the time of its filing (hereinafter referred to as the "current place for tax payment" in this Article).
With regard to a tax return for income tax, corporation tax, local corporation tax, inheritance tax, gift tax, land value tax, consumption tax on the transfer, etc. of a taxable asset, or tax for promotion of power-resources development, if the place for tax payment has changed on or after the time when the taxable period to which the return pertains commenced (for a national tax without a taxable period, the time when its tax liability was established), and the taxpayer has filed the return with the district director of the tax office with jurisdiction over a place for tax payment involved in that change, other than the district director of the tax office with jurisdiction over the current place for tax payment, the district director of the tax office with whom the return was filed may accept the return. In this case, the return is deemed to have been filed with the district director of the tax office with jurisdiction over the current place for tax payment.
The district director of the tax office who has accepted a tax return referred to in the preceding paragraph must send the return to the district director of the tax office with jurisdiction over the current place for tax payment, and notify the person who filed it to that effect.
Notwithstanding the provisions of paragraph (1), a tax return for consumption tax, etc. on goods received from a bonded area that is subject to the self-assessment system (hereinafter referred to as "self-assessed consumption tax, etc. on imported goods") must be filed with the director-general of the customs house with jurisdiction over the place for tax payment of that consumption tax, etc. In this case, for the purpose of applying the provisions of Articles 17 through 19 (Tax Returns), the term "district director of the tax office" in those provisions is deemed to be replaced with "director-general of the customs house".
保税地域からの引取りに係る消費税等で申告納税方式によるもの(以下「輸入品に係る申告消費税等」という。)についての納税申告書は、第一項の規定にかかわらず、当該消費税等の納税地を所轄する税関長に提出しなければならない。この場合においては、第十七条から第十九条まで(納税申告)の規定の適用については、これらの規定中「税務署長」とあるのは、「税関長」とする。
Article 22Time of Filing of Tax Returns, etc. Sent by Mail, etc.
第二十二条(郵送等に係る納税申告書等の提出時期)
If a tax return (including documents required to be attached to the return and any other documents required to be submitted in connection with the filing of the return) or any other document specified by the Commissioner of the National Tax Agency has been submitted by mail or correspondence delivery, it is deemed to have been submitted on the date shown by the date stamp on the mail or item of correspondence delivery (if there is no such indication, or if the indication is not clear, the date found to correspond to it based on the number of days normally required to deliver the mail or item of correspondence delivery).
Subsection 2 Request for Reassessment
第二款 更正の請求
Article 23Request for Reassessment
第二十三条(更正の請求)
A person who has filed a tax return may request that the district director of the tax office reassess the tax basis, etc. or tax amount, etc. stated in the return (if a reassessment of such tax basis, etc. or tax amount, etc. has been carried out under the provisions of the following Article or Article 26 (Reassessment of Previous Reassessment) (hereinafter referred to as a "reassessment" in this Article), the reassessed tax basis, etc. or tax amount, etc.) within five years (10 years, in the case listed in item (ii) where corporation tax is concerned) from the statutory tax return due date for the national tax to which the return pertains if the person falls under any of the following items:
where the tax amount payable by filing the return (if a reassessment of the tax amount has been carried out, the reassessed tax amount) is overestimated due to the fact that the calculation of the tax basis, etc. or tax amount, etc. stated in the return contains errors or does not conform to the provisions of the national tax laws;
where the amount of net loss, etc. is understated in the return (or where the reassessed amount is understated, if a reassessment of the amount has been carried out), or where the amount of net loss, etc. is not stated in the return (or in the written notice of reassessment if a reassessment of the amount has been carried out), for the reasons prescribed in the preceding item; or
where the tax amount equivalent to the amount of a refund in the return (if a reassessment of the tax amount has been carried out, the reassessed tax amount) is understated, or where the tax amount equivalent to the amount of a refund is not stated in the return (or in the written notice of reassessment if a reassessment of the amount has been carried out) for the reasons prescribed in item (i).
A person who has filed a tax return or a person who has received a determination under the provisions of Article 25 (Determination) (hereinafter referred to as a "determination" in this paragraph) may, if any of the following items applies (for a person who has filed a tax return, limited to cases where the day on which the period specified in the relevant item expires comes after the day on which the period prescribed in the preceding paragraph expires), notwithstanding the provisions of that paragraph, make a request for a reassessment under the provisions of that paragraph (hereinafter referred to as a "request for reassessment") on the grounds that the item applies, within the period specified in that item:
where a judgment (including a settlement or any other act having the same effect as a judgment) in an action concerning the facts on which the calculation of the tax basis, etc. or tax amount, etc. pertaining to the return, reassessment or determination was based has made it final and binding that those facts differ from what the calculation was based on: within two months from the day following the day on which it became final and binding;
where there has been a reassessment or determination of the national tax of another person that treats income or any other taxable object, which had been treated as attributable to the person who filed the return or received the determination in the calculation of the tax basis, etc. or tax amount, etc. pertaining to the return, reassessment or determination, as attributable to that other person: within two months from the day following the day on which the reassessment or determination was made;
where there are any other compelling reasons specified by Cabinet Order, similar to those in the preceding two items, that arose after the statutory tax return due date for the national tax: within two months from the day following the day on which the reasons arose.
A person who intends to make a request for reassessment must file with the district director of the tax office a written request for reassessment stating the tax basis, etc. or tax amount, etc. after the reassessment requested, the reasons for the request for reassessment, the details of the circumstances that led to the request, the tax amount payable and the tax amount equivalent to the amount of a refund before the reassessment requested, and other matters that serve as a reference.
When a request for reassessment has been made, the district director of the tax office examines the tax basis, etc. or tax amount, etc. to which the request pertains, and makes a reassessment or notifies the person who made the request that there are no grounds for a reassessment.
Even if a request for reassessment has been made, the district director of the tax office does not grant a grace period for the collection of the national tax payable to which the request pertains (including the expenses for the delinquent tax collection procedure thereof; the same applies hereinafter in this paragraph); provided, however, that if the district director of the tax office finds that there are reasonable grounds, they may grant a grace period for the collection of all or part of that national tax.
Notwithstanding the provisions of paragraph (1), a request for reassessment of self-assessed consumption tax, etc. on imported goods is to be made to the director-general of the customs house. In this case, for the purpose of applying the provisions of the preceding three paragraphs, the term "district director of the tax office" in those provisions is deemed to be replaced with "director-general of the customs house".
輸入品に係る申告消費税等についての更正の請求は、第一項の規定にかかわらず、税関長に対し、するものとする。この場合においては、前三項の規定の適用については、これらの規定中「税務署長」とあるのは、「税関長」とする。
The provisions of the preceding two Articles apply mutatis mutandis to a request for reassessment.
Subsection 3 Reassessment or Determination
第三款 更正又は決定
第二十四条(更正)
If a tax return has been filed, and the calculation of the tax basis, etc. or tax amount, etc. stated in the tax return did not conform to the provisions of the national tax laws, or the tax basis, etc. or tax amount, etc. otherwise differs from what the district director of the tax office has found through their examination, the district director of the tax office reassesses the tax basis, etc. or tax amount, etc. pertaining to the return based on that examination.
第二十五条(決定)
If a person who is found to be obliged to file a tax return has not filed the return, the district director of the tax office determines the tax basis, etc. and tax amount, etc. pertaining to the return based on their examination; provided, however, that this does not apply if the determination would give rise to no tax amount payable and no tax amount equivalent to the amount of a refund.
If the district director of the tax office becomes aware that the tax basis, etc. or tax amount, etc. reassessed or determined under the provisions of the preceding two Articles or this Article has been overestimated or underestimated, they further reassess such reassessed or determined tax basis, etc. or tax amount, etc. based on their examination thereof.
第二十七条(国税庁又は国税局の職員の調査に基づく更正又は決定)
In the cases referred to in the preceding three Articles, if the relevant officials of the National Tax Agency or a Regional Taxation Bureau have conducted an examination, the district director of the tax office may make a reassessment or determination under those provisions based on the findings of that examination.
前三条の場合において、国税庁又は国税局の当該職員の調査があつたときは、税務署長は、当該調査したところに基づき、これらの規定による更正又は決定をすることができる。
Article 28Procedures for Reassessment or Determination
第二十八条(更正又は決定の手続)
A reassessment or determination under the provisions of Articles 24 through 26 (Reassessment and Determination) (hereinafter referred to as a "reassessment or determination") is made by the district director of the tax office serving a written notice of reassessment or a written notice of determination.
第二十四条から第二十六条まで(更正・決定)の規定による更正又は決定(以下「更正又は決定」という。)は、税務署長が更正通知書又は決定通知書を送達して行なう。
A written notice of reassessment must state the following matters. In this case, if the reassessment is based on the examination referred to in the preceding Article, a supplementary note to that effect must be added.
更正通知書には、次に掲げる事項を記載しなければならない。この場合において、その更正が前条の調査に基づくものであるときは、その旨を附記しなければならない。
the tax basis, etc. and tax amount, etc. before the reassessment;
the tax basis, etc. and tax amount, etc. after the reassessment;
the following amounts relating to the reassessment:
その更正に係る次に掲げる金額
If the tax amount payable before the reassessment increases as a result of the reassessment, the tax amount of the increase;
その更正前の納付すべき税額がその更正により増加するときは、その増加する部分の税額
If the tax amount equivalent to the amount of a refund before the reassessment decreases as a result of the reassessment, the tax amount of the decrease;
その更正前の還付金の額に相当する税額がその更正により減少するときは、その減少する部分の税額
If there is any interest on refund prescribed in Article 58, paragraph (1) (Interest on Refund) with respect to the amount refunded by carryback of net loss, etc., the part of that interest on refund that corresponds to the tax amount listed in (b);
純損失の繰戻し等による還付金額に係る第五十八条第一項(還付加算金)に規定する還付加算金があるときは、その還付加算金のうちロに掲げる税額に対応する部分の金額
If the tax amount payable before the reassessment decreases as a result of the reassessment, the tax amount of the decrease;
その更正前の納付すべき税額がその更正により減少するときは、その減少する部分の税額
If the tax amount equivalent to the amount of a refund before the reassessment increases as a result of the reassessment, the tax amount of the increase.
その更正前の還付金の額に相当する税額がその更正により増加するときは、その増加する部分の税額
A written notice of determination must state the tax basis, etc. and tax amount, etc. pertaining to the determination. In this case, if the determination is based on the examination referred to in the preceding Article, a supplementary note to that effect must be added.