Article 192Withholding of Shortfalls
第百九十二条(不足額の徴収)
In the case referred to in Article 190 (Year-End Adjustment), if, after the shortfall prescribed in that Article is withheld when the last payment of salary or other wage for the year is made, there remains a shortfall that could not be fully withheld, the person paying the salary or other wage referred to in that Article must withhold it successively when paying salaries or other wages in the following year, and must pay it over to the national government by the 10th day of the month following the month in which the day of withholding falls.
If there is a shortfall as prescribed in Article 190, the amount set forth in item (i) is found to be significantly smaller than the amount set forth in item (ii), and the Resident referred to in that Article has obtained the approval of the competent district director for the locality for paying over taxes under Article 17 (Locality for Paying Over Withholding Tax) (or, if a designation has been made under Article 18, paragraph (2) (Designation of Locality for Paying Over Taxes), the locality so designated) for the income taxes on the salary or other wage last paid to the Resident for the year by the person paying the salary or other wage referred to in that Article, then, notwithstanding the provisions of Article 190 and the preceding paragraph, that payer must withhold the balance remaining after deducting the approved amount from that shortfall when making the last payment of salary or other wage for the year, must withhold an amount equivalent to one half of the approved amount when paying salaries or other wages in January and in February of the following year respectively, and, if a shortfall still remains, must withhold it successively when paying salaries or other wages in and after March of the following year, and must pay it over to the national government by the 10th day of the month following the month in which the day of withholding falls; provided, however, that if, after making the last payment of salary or other wage for the year, the payer comes to pay the Resident severance pay or other such compensation as prescribed in Article 30, paragraph (1) (Retirement Income), the payer must withhold an amount equivalent to the part of the approved amount not yet withheld by the time of that payment when making that payment, and must pay it over to the national government by the 10th day of the month following the month in which the day of withholding falls.
第百九十条に規定する不足額があり、かつ、第一号に掲げる金額が第二号に掲げる金額に比して著しく少ないと認められる場合において、同条の居住者が、同条の給与等の支払者からその年最後に支払を受ける給与等に係る所得税の第十七条(源泉徴収に係る所得税の納税地)の規定による納税地(第十八条第二項(納税地の指定)の規定による指定があつた場合には、その指定をされた納税地)の所轄税務署長の承認を受けたときは、当該支払者は、第百九十条及び前項の規定にかかわらず、その承認に係る金額を当該不足額から控除した残額をその年最後に給与等の支払をする際徴収し、その承認に係る金額の二分の一に相当する金額をその翌年一月及び二月に給与等の支払をする際それぞれ徴収し、なお不足額があるときは、その翌年三月以後給与等の支払をする際順次徴収し、その徴収の日の属する月の翌月十日までに、これを国に納付しなければならない。ただし、その年最後に給与等の支払をした後においてその居住者に対し第三十条第一項(退職所得)に規定する退職手当等の支払をすることとなつた場合は、その承認に係る金額のうち当該退職手当等の支払の時までにまだ徴収していない金額に相当する金額を当該支払の際徴収し、その徴収の日の属する月の翌月十日までに、これを国に納付しなければならない。
the amount equivalent to the balance remaining after deducting, from the total amount of salary or other wage that the Resident is paid by the person paying the salary or other wage referred to in Article 190 during the month in which falls the day on which the Resident is paid the last salary or other wage for the year by that payer, the amount of income taxes withheld or to be withheld from that salary or other wage pursuant to Article 183, paragraph (1) (Obligation to Withhold Taxes) and Article 190;
the amount calculated pursuant to Cabinet Order as the monthly amount of the balance remaining after deducting, from the total amount of salary or other wage that the Resident was paid by the person paying the salary or other wage referred to in Article 190 during the period from January of that year until the month preceding the month prescribed in the preceding item, the total amount of income taxes withheld or to be withheld from that salary or other wage pursuant to Article 183, paragraph (1).
Article 193Details of Year-End Adjustment
第百九十三条(年末調整の細目)
Procedures for the refund of the overpaid amount prescribed in Article 191 (Refund of Overpaid Amounts), procedures for the approval prescribed in paragraph (2) of the preceding Article, and other matters necessary for the application of these provisions are specified by Cabinet Order.
Section 3 Declarations by Salary Income Earners Concerning Withholding
第三節 給与所得者の源泉徴収に関する申告
Article 194Salary Income Earner's Return for Deduction for Dependents, etc.
第百九十四条(給与所得者の扶養控除等申告書)
A Resident paid a salary or other wage in Japan must submit a declaration stating the following particulars to the competent district director for the locality for paying over taxes under Article 17 (Locality for Paying Over Withholding Tax) (or, if a designation has been made under Article 18, paragraph (2) (Designation of Locality for Paying Over Taxes), the locality so designated; the same applies hereinafter in this Section) for the income taxes on that salary or other wage, via the person paying that salary or other wage (or, if there are two or more such persons, the principal payer of salary), by the day before the day on which the Resident is first paid a salary or other wage by that payer each year:
the name of that person paying the salary or other wage;
当該給与等の支払者の氏名又は名称
if the Resident is a Person with a Particular Disability or any other Person with a Disability, or a working student, a statement to that effect and the facts on which that is based, and if the Resident is a widow or a single parent, a statement to that effect;
if there is a cohabiting Person with a Particular Disability, any other Person with a Particular Disability, or a Person with a Disability other than a Person with a Particular Disability among the Resident's spouse in the same household or dependents, a statement to that effect, the number of such persons, their names and individual numbers (or, for a person without an individual number, the name), and the facts on which that is based;
the name and individual number of the spouse for withholding deduction (or, for a person without an individual number, the name);
the names and individual numbers of the relatives for withholding deduction (or, for a person without an individual number, the name), and, if there is a specified dependent or an elderly dependent among the relatives for withholding deduction, a statement to that effect and the facts on which that is based;
if the Resident is paid salaries or other wages by two or more persons paying a salary or other wage, the names of those of the spouse for withholding deduction or the relatives for withholding deduction whom the Resident intends to have used as the basis for calculating the amount of income taxes to be withheld pursuant to Article 183, paragraph (1) (Obligation to Withhold Taxes) from the salary or other wage paid by the principal payer of salary;
if the cohabiting Person with a Particular Disability, other Person with a Particular Disability, or Person with a Disability other than a Person with a Particular Disability referred to in item (iii), or the spouse for withholding deduction referred to in item (iv) (limited, in the case prescribed in the preceding item, to the spouse for withholding deduction prescribed in that item), is a relative who is a Nonresident, a statement to that effect, and if a relative for withholding deduction referred to in item (v) (limited, in the case prescribed in the preceding item, to a relative for withholding deduction prescribed in that item) is a relative who is a Nonresident, a statement to that effect and the facts by which that relative qualifies as a relative for withholding deduction;
any other particulars specified by Ministry of Finance Order.
その他財務省令で定める事項
If a declaration under the preceding paragraph is submitted via the person paying the salary or other wage referred to in that paragraph, and the particulars to be stated in that declaration have not changed from the particulars stated in the declaration under that paragraph submitted via that payer in the year preceding that year (or, if the Resident submitted a declaration under the following paragraph via that payer partway through that preceding year, the declaration under the following paragraph last submitted in that preceding year), the Resident may submit a declaration under that paragraph stating that there has been no change, in lieu of the particulars required to be stated under the preceding paragraph.
If a change arises partway through the year in the particulars stated in a declaration submitted by a Resident under paragraph (1), the Resident must submit a declaration stating the details of that change and other particulars specified by Ministry of Finance Order to the competent district director for the locality for paying over taxes under Article 17 for the income taxes on that salary or other wage, via the person paying the salary or other wage referred to in that paragraph, by the day before the day on which the Resident is first paid a salary or other wage by that payer after the day on which the change arose.
A Resident who has stated in a declaration under paragraph (1) or the preceding paragraph that the Resident is a working student (including a Resident who, pursuant to paragraph (2), has stated that there has been no change in lieu of that statement) and who is a person set forth in Article 2, paragraph (1), item (xxxii), (b) or (c) (Definitions) must, pursuant to Cabinet Order, submit or present a document certifying that the Resident is such a person.
A Resident who has stated the particulars set forth in paragraph (1), item (vii) in a declaration under paragraph (1) or (3) (including a Resident who, pursuant to paragraph (2), has stated that there has been no change in lieu of that statement) must, pursuant to Cabinet Order, submit or present a document certifying that the person about whom that statement has been made (including a person about whom a statement that there has been no change has been made in lieu of that statement pursuant to paragraph (2); referred to as a "relative residing outside Japan" in the paragraphs up to and including paragraph (7)) is a relative of the Resident (or, if the relative residing outside Japan is a relative for withholding deduction prescribed in that item and the fact by which that relative qualifies as a relative for withholding deduction set forth in that item is that the relative is a person set forth in Article 2, paragraph (1), item (xxxiv)-2, (b), (1), that document and a document certifying that the relative is a person set forth in (b), (1) of that item).
第一項又は第三項の規定による申告書に第一項第七号に掲げる事項の記載をした居住者(第二項の規定により当該記載に代えて異動がない旨の記載をした居住者を含む。)は、政令で定めるところにより、当該記載がされた者(第二項の規定により当該記載に代えて異動がない旨の記載がされた者を含む。以下第七項までにおいて「国外居住親族」という。)が当該居住者の親族に該当する旨を証する書類(当該国外居住親族が同号に規定する源泉控除対象親族であり、かつ、同号に掲げる源泉控除対象親族に該当する事実が第二条第一項第三十四号の二ロ(1)に掲げる者に該当することである場合には、当該書類及び同号ロ(1)に掲げる者に該当する旨を証する書類)を提出し、又は提示しなければならない。
If a Resident prescribed in the preceding paragraph seeks to receive a deduction of the amount equivalent to the disability deduction or the deduction for Dependents set forth in item (ii), (c) of Article 190 (Year-End Adjustment) for a relative residing outside Japan in calculating the amount of the excess or shortfall prescribed in that Article, the Resident must submit a declaration stating the fact that the living expenses of the relative residing outside Japan are paid from the same resources as the Resident (or, if the Resident seeks to receive a deduction of the amount equivalent to the deduction for Dependents on the grounds that the relative residing outside Japan is a person set forth in Article 2, paragraph (1), item (xxxiv)-2, (b), (3), the fact that the relative residing outside Japan is a person set forth in (b), (3) of that item) and other particulars specified by Ministry of Finance Order to the competent district director for the locality for paying over taxes under Article 17 for the income taxes on that salary or other wage, via the person paying the salary or other wage prescribed in paragraph (1), by the day before the day on which the Resident is paid the last salary or other wage for the year by that payer.
前項に規定する居住者は、第百九十条(年末調整)に規定する過不足の額の計算上、国外居住親族に係る同条第二号ハに掲げる障害者控除の額又は扶養控除の額に相当する金額の控除を受けようとする場合には、第一項に規定する給与等の支払者からその年最後に給与等の支払を受ける日の前日までに、当該国外居住親族が当該居住者と生計を一にする事実(当該国外居住親族が第二条第一項第三十四号の二ロ(3)に掲げる者に該当するものとして扶養控除の額に相当する金額の控除を受けようとする場合には、当該国外居住親族が同号ロ(3)に掲げる者に該当する事実)その他財務省令で定める事項を記載した申告書を、当該支払者を経由して、その給与等に係る所得税の第十七条の規定による納税地の所轄税務署長に提出しなければならない。
A Resident submitting a declaration under the preceding paragraph must, pursuant to Cabinet Order, submit or present a document showing that the living expenses of the relative residing outside Japan referred to in that paragraph are paid from the same resources as the Resident (or, if the Resident seeks to receive a deduction of the amount equivalent to the deduction for Dependents on the grounds that the relative residing outside Japan is a person set forth in Article 2, paragraph (1), item (xxxiv)-2, (b), (3), a document showing that the relative residing outside Japan is a person set forth in (b), (3) of that item).