In the case where the amount of income for each business year entered in a Final Return filed by a domestic corporation exceeds the amount of income that should be the tax base for the business year, when the excess amount includes any amount based on accounting conducted by disguising facts, the district director may refrain from making a Reassessment with regard to the corporation tax on income for the business year until the domestic corporation makes corrective accounting with regard to the facts in a business year after the business year and files a Final Return for the business year in which it made the corrective accounting.
With regard to the application of the provisions of Article 28, paragraph (2) (Procedures for Reassessment or Determination) of the Act on General Rules for National Taxes in the case where the district director makes a Reassessment set forth in Article 135, paragraph (1) (Special Provisions on Refund of Corporation Tax upon Reassessment after Excessive Return Based on Fictitious Accounting), the phrase "the following amounts" in item (iii) of that paragraph is deemed to be replaced with "the following amounts, and those of the amounts listed in (d) or (e) to which the provisions of Article 135, paragraph (1) or (2) (Special Provisions on Refund of Corporation Tax upon Reassessment after Excessive Return Based on Fictitious Accounting) of the Corporation Tax Act apply".
税務署長が第百三十五条第一項(仮装経理に基づく過大申告の場合の更正に伴う法人税額の還付の特例)の更正をする場合における国税通則法第二十八条第二項(更正又は決定の手続)の規定の適用については、同項第三号中「次に掲げる金額」とあるのは、「次に掲げる金額及びニ又はホに掲げる金額のうち法人税法第百三十五条第一項又は第二項(仮装経理に基づく過大申告の場合の更正に伴う法人税額の還付の特例)の規定の適用がある金額」とする。