Chapter IV Blue Returns
第四章 青色申告
第百二十一条(青色申告)
A domestic corporation may, when having obtained approval from the competent district director with jurisdiction over the place for tax payment, file a return listed as follows and an amended return related thereto via a blue return:
tax return; and
A domestic corporation that has obtained approval set forth in the preceding paragraph may file a return listed as follows and an amended return related thereto via a Blue Return:
interim return for retirement pension funds;
final return from for retirement pension funds;
Article 122Application for Approval to File a Blue Return
第百二十二条(青色申告の承認の申請)
A domestic corporation which wishes to obtain approval set forth in paragraph (1) of the preceding Article for submitting the returns listed in the items of the paragraph in a Blue Return for each business year on or after the business year must submit an application form stating the first day of the business year and any other matters as specified by Ministry of Finance Order, to the competent district director with jurisdiction over the place for tax payment, by the day preceding the first day of the business year.
In the case referred to in the preceding paragraph, when the business year falls under any of the business years listed in the following items, the due date for submitting an application form set forth in the paragraph is to be the day preceding the day specified in the relevant item, notwithstanding the provisions of the preceding paragraph:
the business year containing the day on which an ordinary corporation or cooperative, etc., which is a domestic corporation, was established:The earlier day of either the day on which three months have elapsed from the day or the last day of the business year;
the business year containing the day on which a corporation in the public interest, etc. or an association or foundation without juridical personality, which is a domestic corporation, newly commenced a profit-making business:The earlier day of either the day on which three months have elapsed from the day or the last day of the business year;
the business year containing the day specified in each of the following in accordance with the category of corporation listed therein: The earlier day of either the day on which three months have elapsed from that day or the last day of the business year;
次に掲げる法人の区分に応じそれぞれ次に定める日の属する事業年度 同日以後三月を経過した日と当該事業年度終了の日とのうちいずれか早い日
a public interest corporation, etc. conducting a profit-making business that was a public service corporation: the date on which it became that public interest corporation, etc.;
an ordinary corporation or a cooperative, etc. that was a public service corporation or a public interest corporation, etc. not conducting a profit-making business: the date on which it became that ordinary corporation or cooperative, etc.
in the case where the period from the following days to the last day of the business years prescribed in the preceding three items is less than three months: the day on which an ordinary corporation or cooperative, etc., which is a domestic corporation, was established; the day on which a public interest corporation, etc. or an association or foundation without juridical personality, which is a domestic corporation, newly commenced a profit-making business; or the day specified in (a) or (b) of the preceding item in accordance with the category of corporation listed in (a) or (b) of that item (hereinafter referred to as the "date of establishment, etc." in this item); the business year following the business years prescribed in the preceding three items: The earlier day of either the day on which three months have elapsed from the date of establishment, etc. or the last day of the following business year.
Article 123Denial of Applications for Approval to File a Blue Return
第百二十三条(青色申告の承認申請の却下)
In the case where an application form set forth in paragraph (1) of the preceding Article has been filed, the district director of the tax office may deny the application, when there is a fact falling under any of the following, with regard to the domestic corporation that has filed the application form:
books and documents pertaining to the business year prescribed in paragraph (1) of the preceding Article are not kept, recorded, or preserved as specified by Ordinance of the Ministry of Finance prescribed in Article 126, paragraph (1) (Books and Documents of Corporations Filing Blue Return);
there are justifiable grounds for deeming that the books and documents that the domestic corporation keeps contain any entry or record by concealing or falsifying the whole or a part of any transactions or making any other false entry or record;
その備え付ける帳簿書類に取引の全部又は一部を隠蔽し又は仮装して記載し又は記録していることその他不実の記載又は記録があると認められる相当の理由があること。
where the domestic corporation has submitted the application form within one year after the day on which it received a notice pursuant to the provisions of Article 127, paragraph (2) (Rescission of Approval to File a Blue Return) or it submitted a report prescribed in Article 128 (Cancellation of a Blue Return); or
Article 124Notice of Approval for Filing a Blue Return
第百二十四条(青色申告の承認等の通知)
In the case where an application form set forth in Article 122, paragraph (1) (Application for Approval to File a Blue Return) has been submitted, the district director of the tax office, when giving their approval or denying the application, notifies the domestic corporation that made the application to that effect, in writing.
Article 125Deemed Approval to File a Blue Return
第百二十五条(青色申告の承認があつたものとみなす場合)
In the case where an application form set forth in Article 122, paragraph (1) (Application for Approval to File a Blue Return) has been submitted, when neither the approval nor the denial of the application was decided on by the last day of the business year prescribed in the paragraph (with regard to a corporation that is to file an interim return for the business year (including a corporation other than such a corporation that may file an interim return containing the matters listed in the items of Article 72, paragraph (1) (Matters to be Entered in Interim Return in the Case of Provisional Settlement of Accounts) for the business year), by the day on which six months have elapsed from the first day of the business year), it is deemed that the approval was given as of the day.
In the case where a domestic corporation that has not obtained approval set forth in Article 121, paragraph (1) (Blue Returns) has obtained approval under the provisions of Article 64-9, paragraph (1) (Group Tax Sharing Approval), it is deemed that the approval set forth in Article 121, paragraph (1) was given as of the day on which that approval became effective.
第百二十一条第一項(青色申告)の承認を受けていない内国法人が第六十四条の九第一項(通算承認)の規定による承認を受けた場合には、当該承認の効力が生じた日において第百二十一条第一項の承認があつたものとみなす。
Article 126Books and Documents of Corporations Filing Blue Returns
第百二十六条(青色申告法人の帳簿書類)
A domestic corporation, which has obtained approval set forth in Article 121, paragraph (1) (Blue Returns), must keep books and documents, record transactions therein, and preserve the books and documents, as specified by Ordinance of the Ministry of Finance.
The competent district director with jurisdiction over the place for tax payment may, when they find it necessary, give the necessary instructions to a domestic corporation, which has obtained approval set forth in Article 121, paragraph (1), with regard to its books and documents prescribed in the preceding paragraph.
Beyond what is provided for in the preceding paragraph, the Commissioner of the National Tax Agency, or the competent regional commissioner or the competent district director with jurisdiction over the place for tax payment of a group tax sharing corporation, may, when they find it necessary, give the necessary instructions to the group tax sharing corporation and other group tax sharing corporations with regard to the books and documents prescribed in paragraph (1).
Article 127Rescission of Approval to File a Blue Return
第百二十七条(青色申告の承認の取消し)
In the case where there is any fact falling under the following items with regard to a domestic corporation which has obtained approval set forth in Article 121, paragraph (1) (Blue Returns), the competent district director with jurisdiction over the place for tax payment may rescind the approval retroactively to the business year specified in the relevant item. In this case, when the approval has been rescinded, the Blue Return related to the approval that the domestic corporation submitted on or after the first day of the business year (excluding a Blue Return for corporation tax which the domestic corporation had become obliged to pay prior to the day) is deemed to be a return other than a Blue Return:
the books and documents for the business year have not been kept, recorded, or preserved as specified by Ministry of Finance Order prescribed in paragraph (1) of the preceding Article: the relevant business year;
the domestic corporation has failed to follow the instructions of the district director of the tax office given pursuant to the provisions of paragraph (2) of the preceding Article, with regard to the books and documents for the business year:the relevant business year;
there are justifiable grounds for deeming that the books and documents for the business year contain any entry or record which conceal or falsify the whole or a part of any transactions or to suspect the credibility of all of the other matters entered or recorded:the relevant business year;
その事業年度に係る帳簿書類に取引の全部又は一部を隠蔽し又は仮装して記載し又は記録し、その他その記載又は記録をした事項の全体についてその真実性を疑うに足りる相当の理由があること 当該事業年度
the domestic corporation has failed to file a return under Article 74, paragraph (1) (Final Returns) by the due date: The business year pertaining to the return.
The district director of the tax office , when rescinding approval pursuant to the provisions of the preceding paragraph, notifies the domestic corporation set forth in the paragraph to that effect, in writing. In this case, the district director of the tax office must in addition, enter in the written notice, which of the items of the paragraph was the cause of the rescission.
With regard to the application of the provisions of paragraph (1) to a group tax sharing corporation, the phrase "rescind the approval retroactively to the business year specified in the relevant item" in that paragraph is deemed to be replaced with "rescind the approval"; the phrase "the Blue Return related to the approval that the domestic corporation submitted on or after the first day of the business year (excluding a Blue Return for corporation tax which the domestic corporation had become obliged to pay prior to the day) is deemed to be a return other than a Blue Return" is deemed to be replaced with "the approval ceases to be effective with regard to each business year on or after the business year containing the day preceding the day on which the domestic corporation received the notice set forth in the following paragraph pertaining to the disposition of the rescission (or, in the case where that preceding day is the last day of a business year of the group tax sharing parent corporation of the domestic corporation, the day on which it received the notice)"; and the phrase "the district director of the tax office given pursuant to the provisions of paragraph (2) of the preceding Article" in item (ii) of that paragraph is deemed to be replaced with "the Commissioner of the National Tax Agency, the regional commissioner, or the district director of the tax office given pursuant to the provisions of paragraph (2) or paragraph (3) of the preceding Article".
通算法人に係る第一項の規定の適用については、同項中「当該各号に定める事業年度まで遡つて、その」とあるのは「その」と、「当該事業年度開始の日以後その内国法人が提出したその承認に係る青色申告書(納付すべき義務が同日前に成立した法人税に係るものを除く。)は、青色申告書以外の申告書とみなす」とあるのは「その取消しの処分に係る次項の通知を受けた日の前日(当該前日がその内国法人に係る通算親法人の事業年度終了の日である場合には、当該通知を受けた日)の属する事業年度以後の各事業年度については、その承認は、その効力を失うものとする」と、同項第二号中「の規定による税務署長」とあるのは「又は第三項の規定による国税庁長官、国税局長又は税務署長」とする。
With regard to the application of the provisions of paragraph (1) to a domestic corporation that was a group tax sharing corporation, the phrase "the business year specified in the relevant item" in that paragraph is deemed to be replaced with "the business year specified in the relevant item (or, in the case where that business year is a business year before the business year containing the day preceding the day on which the approval under the provisions of Article 64-9, paragraph (1) (Group Tax Sharing Approval) ceased to be effective (or, in the case where that preceding day is the last day of a business year of the group tax sharing parent corporation of the domestic corporation, the day on which the approval ceased to be effective) (hereinafter referred to as the 'business year of lapse' in this paragraph), the business year of lapse)"; and the phrase "the district director of the tax office given pursuant to the provisions of paragraph (2) of the preceding Article" in item (ii) of that paragraph is deemed to be replaced with "the Commissioner of the National Tax Agency, the regional commissioner, or the district director of the tax office given pursuant to the provisions of paragraph (2) or paragraph (3) of the preceding Article".
Article 128Cancellation of a Blue Return
第百二十八条(青色申告の取りやめ)
A domestic corporation that has obtained approval set forth in Article 121, paragraph (1) (Blue Returns) (excluding a group tax sharing corporation) must, when it wishes to stop filing a return as listed in the items of the paragraph via a Blue Return for each business year on or after the business year, submit a report stating the first day of the business year and any other matters as specified by Ministry of Finance Order, to the competent district director with jurisdiction over the place for tax payment, by the due date for filing a return under Article 74, paragraph (1) (Final Returns) for the business year. In this case, when the report has been submitted, the approval ceases to be effective with regard to each business year on or after the business year.