Article 153-5Special Provisions on Requests for Reassessment upon Division of the Estate or Similar Event
第百五十三条の五(遺産分割等があつた場合の更正の請求の特例)
If, due to a division of the estate or similar event as prescribed in Article 151-6, paragraph (1) (Special Provisions on Amended Returns upon Division of the Estate or Similar Event) that has occurred with regard to a Resident to whom the provisions of Article 60-3, paragraphs (1) through (3) (Special Provisions on Capital Gains and Similar Income If Assets Are Transferred to a Nonresident by Gift or Similar Means) have been applied for the income tax for the year that includes the date of commencement of the succession, there has been a decrease or increase in the covered assets as prescribed in that paragraph involved in the inheritance or bequest that were transferred to a Nonresident, and as a result the circumstances come to fall under a case set forth in either of the items of Article 153-2, paragraph (1) (Special Provisions on Requests for Reassessment If a Person Who Has Made a Departure from Japan Returns to Japan or in Similar Cases) with regard to the Resident's income tax for the year that includes the date of commencement of the succession, the Resident's heir may file a request for Reassessment with the district director within four months from the date on which the division of the estate or similar event occurred.
相続の開始の日の属する年分の所得税につき第六十条の三第一項から第三項まで(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例)の規定の適用を受けた居住者について生じた第百五十一条の六第一項(遺産分割等があつた場合の修正申告の特例)に規定する遺産分割等の事由により、非居住者に移転した相続又は遺贈に係る同項に規定する対象資産が減少し、又は増加したことに基因して、当該居住者の当該相続の開始の日の属する年分の所得税につき第百五十三条の二第一項各号(国外転出をした者が帰国をした場合等の更正の請求の特例)に掲げる場合に該当することとなるときは、その相続人は、当該遺産分割等の事由が生じた日から四月以内に、税務署長に対し、更正の請求をすることができる。
Read this with the articles around it
Resident
「居住者」
An individual who has a domicile in Japan, or who has had a residence in Japan continuously for one year or more up to now.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
Nonresident
「非居住者」
An individual who is not a resident.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
heirmachine translation
「相続人」
An heir, including, wherever this Act uses the word, a universal legatee (包括受遺者): a person to whom a will leaves all or a share of an estate as a whole, rather than particular property.
Defined inArticle 2, paragraph (2)· applies throughout the law
covered assetsmachine translation
「対象資産」
In Article 151-6, paragraph (1), item (i), the securities and similar interests (有価証券等), unsettled margin transactions (未決済信用取引等) and contracts for unsettled derivatives transactions (未決済デリバティブ取引) that passed to a Nonresident (非居住者) by inheritance or bequest (相続又は遺贈), to which Article 60-3 applied, and whose increase or decrease through a later division of the estate or similar event (遺産分割等の事由) requires the heirs to file an amended return (修正申告書) and pay within four months.
Short name set inArticle 151-6, paragraph (1)· applies only in this provision
request for Reassessmentmachine translation
「更正の請求」
A request to the tax office director (税務署長) under Article 23, paragraph (1) of the Act on General Rules for National Taxes, by a person who has filed a tax return, to reassess (更正) the tax base or tax amount it stated, because an error or a failure to follow the tax laws made the tax payable too high, or a net loss or refund too low or left it out.
Short name set inArticle 153, paragraph (1)· applies only in this provision and in Articles 153-2 to 153-6, 159 and 160
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.