The Corporation Tax Law (Law No.28 of 1947) shall be partially amended as follows:
In the Contents of the Corporation Tax Law, "Chapter V. Payment" shall be amended as "Chapter V. Payment and Refund," "Chapter VI. Correction and Determination of Taxable Standards" as "Chapter VI. Correction and Determination," "Chapter VII. Special Rules for A Family-corporation" shall be deleted, "Chapter VIII. Reinvestigation, Petition and Law Suit" shall be amended as "Chapter VII. Reinvestigation, Reconsideration and Litigation," Chapter IX shall be made Chapter VIII, and Chapter X shall be made Chapter IX.
In Article 2, "A corporation having its head office or principal place of business within the enforcement area of the present Law" shall be amended as "A corporation enumerated in item 1 of the preceding Article (hereinafter referred to as" a domestic corporation ")," "and its reserves" shall be added next to "all of its income" and "a corporation not having its head office or principal place of business within the enforcement area of the present Law but having its assets or business within the enforcement area of the present Law" hall be amended as "a corporation enumerated in item 2 of the same Article (hereinafter referred to as" a foreign corporation ")."
In Article 3, "the corporation which continues to exist after the amalgamation, or has been newly created by the amalgamation" shall be amended as "the amalgamation corporation (this shall mean a corporation which survives after the amalgamation, or has been newly created due to the amalgamation;hereinafter the same)," "a corporation which ceased to exist due to the amalgamation" as "the amalgamated corporation (this shall mean a corporation which has ceased to exist due to the amalgamation;hereinafter the same)," and "the income" as "the income or reserves mentioned in the preceding Article."
Article 4 and Article 5 shall be amended as follows:
Article 4. No corporation tax shall be imposed upon the corporations as enumerated below:
1. To, Do, Fu and prefectures, city, town or village, and other public bodies as prescribed by Ordinance;
2. Kodan, Japan Monopoly Corporation, Japanese National Railways, People's Finance Bank and Reconversion Finance Bank which are provided for by Laws and Ordinances;
3. Holding Company Liquidation Commission, Closed Institutions Liquidation Commission and Civilian Merchant Marine Committee;
4. Great Japan Education Association and Social Insurance Medical Fee Payment Fund;
5. National Health Insurance Associations and Federation thereof, Health Insurance Associations and Federation thereof.
Article 5. With respect to the income of the corporation enumerated below, the corporation tax on the income for each accounting period shall not be imposed upon the income other than the income which has accrued from the profit-making business:
1. Juridical persons, religious juridical persons and school juridical persons established in accordance with the provision of Article 34 of the Civil Code and juridical persons established in accordance with the provision of Article 64 paragraph 4 of the Private School Law;
2. Bar Association, and Federation of Bar Associations of Japan, Association of Patent Attorneies and Tax Practitioners Association;
3. Incorporated labor unions and unions or other organizations of government employees which have been incorporated and have been established in accordance with the National Public Service Law;
4. Fishing-boat Insurance Association, Agriculture Mutual Aid Association, Federation thereof, Government Employees Mutual Aid Associations and Federation thereof;
5. Pasture Land Associations, Housing Associations, Emigrants'Associations and Federation thereof and Debt Consolidation Associations;
6. Non-Life Insurance Rating Organization and Live-stock Registration Society.
The juridical persons enumerated in each item of the preceding paragraph shall account their incomes under the same paragraph having accrued from the profit-making business separately from those having accrued from the non-profit-making business.
The scope of the profit-making business mentioned in paragraph 1 shall be prescribed by Ordinance.
Article 5-(2). The corporation tax on the income for each accounting period shall not be imposed upon the income which has accrued in each accounting period of the corporation in process of liquidation.
Article 5-(3). With respect to the reserves of the corporation enumerated in each item of Article 5 paragraph 1, no corporation tax on the reserves for each accounting period shall be imposed.
In Article 6 paragraph 1, "(excluding the accounting period in liquidation;hereinafter the same)" shall be deleted and "normal income" shall be amended as "income" ;and in paragraph 2 of the same Article, "normal income" shall be amended as "income."
In Article 7 paragraph 1, "or by charters of corporations" shall be amended as ", charters of corporations, articles of donation, regulations or agreement, or other similar periods or the periods reported to or designated by the Government according to the provision of paragraph 2," and the following two paragraphs shall be added next to the said paragraph.
A corporation whose accounting period or other similar period has not been decided by statutes, charters of corporations, articles of donation, regulations or agreement shall decide and notify the accounting period or other similar period to the Government within two months from the day on which the corporation was established or became a foreign corporation. In case the corporation has failed to report it, the Government shall designate and notify the accounting period or other similar periods.
In case the accounting period is longer than a year, every one year starting from the beginning day of the accounting period (if the last term is shorter than a year, the term concerned) shall be deemed an accounting period for the purpose of application of this Law.
In paragraph 2 of the same Article, "and the period between the next day of the date of dissolution and the closing date of the accounting period" shall be added next to "the date of dissolution or amalgamation," and "respectively," next to "shall be deemed."
In Chapter I, the following one Article shall be added next to Article 7:
Article 7-(2). "Family corporation" as used in this Law shall mean a corporation which falls under any one of the following items:
1. In case the total of stocks or investments owned by a shareholder or a partner and his relatives or individuals who have certain special relations to the shareholder or partner as prescribed by Ordinance (hereinafter referred to as "family relatives" ) is tantamount to 30% or more of all stocks of the corporation or of the whole amount invested in the corporation;
2. In case the total of stocks or investments owned by two shareholders or two partners and their family relatives is tantamount to 40% or more of all stocks of the corporation or of the whole amount invested in the corporation;
3. In case the total of stocks or investments owned by three shareholders or three partners and their family relatives is tantamount to 50% or more of all stocks of the corporation or of the whole amount invested in the corporation;
4. In case the total of stocks or investments owned by four shareholders or four partners and their family relatives is tantamount to 60% or more of all stocks of the corporation or of the whole amount invested in the corporation;
5. In case the total of stocks or investments owned by five shareholders or five partners and their family relatives is tantamount to 70% or more of all stocks of the corporation or of the whole amount invested in the corporation.
A corporation shall be decided to be or not to be a family corporation under the circumstances as of the beginning of the accounting period concerned with respect to the application of the provision of Article 17 paragraph 1 item 2 or under the circumstances as of the time of the act or the accounting as referred to under Article 31-(2) with respect to the application of Article 31-(2).
Article 8 shall be amended as follows:
Article 8. The taxable basis for the corporation tax shall be the amount of income and reserves for each accounting period.
In Article 9 paragraph 1, "a corporation having its head office or principal place of business within the enforcement area of the present Law" shall be amended as "a domestic corporation," "normal income" shall be amended as "income" ;in paragraph 2 of the same Article, "corporation tax" shall be amended as "corporation tax (excluding the corporation tax equivalent to the amount of interest on delinquent tax as provided in Article 42)," and "normal income" shall be amended as "income," and "The same shall apply to the income tax or travelling tax, equivalent to the withholding additional tax, light additional tax or heavy additional tax collected or to be collected in accordance with the provisions of Article 57 paragraph 4 or Article 57-(2) paragraph 4 of the Income Tax Law or Article 11-(3) paragraph 1 or Article 11-(4) paragraph 1 of the Travelling Tax Law" shall be added to the same paragraph;in paragraph 3 of the same Article, "normal income" shall be amended as "income" ;and the following one paragraph shall be added next to the same paragraph:
In case a corporation enumerated in each item of Article 5 paragraph 1 has expended any amount of money for the non-profit-making business from the assets held by the corporation for its profit-making business, such amount shall be deemed donations, and the preceding paragraph shall apply thereto.
In paragraph 4 of the said Article, "accrued" shall be amended as "incurred to a corporation which has failed its return on blue form," "one year" shall be amended as five years, "normal income" shall be amended as "income" , and "provided, however, that this shall apply only to the case where corporation filed a blue return in the accounting period when the said loss was incurred and has been continuously filing a blue return in the subsequent accounting periods" shall be added next to the last word of the said paragraph;in paragraph 5 of the same Article, "Commercial and Industrial Cooperatives," Manufactures'Associations, Prefectural and Central Fishery Associations "and" Prefectural Forestry Associations, the Japan Forestry Association, Sericultural Cooperatives "shall be deleted, and" the Central Bank of Commercial and Industrial Cooperatives, Salt Dealers'Cooperatives, Federation of Salt Dealers'Cooperatives and the Central Association of Salt Dealers "shall be amended as" and the Central Bank of Commercial and Industrial Cooperatives, "Articles 18-22" shall be amended as "Article 18," and "normal income" shall be amended as "income" ;and in paragraph 6 of the said Article, "the preceding four paragraphs" shall be amended as "the preceding five paragraphs and Articles 9-(2) to 9-(8) inclusive," and "normal income" shall be amended as "income."
The following seven Articles shall be added next to the same Article:
Article 9-(2). In case a corporation has issued its shares at the price exceeding their face value, the excess over the face value minus the amount expended to issue the shares concerned shall not be counted in profit in computing the income mentioned in paragraph 1 of the preceding Article.
Article 9-(3). Subscription money to be collected by a corporation enumerated in Article 9 paragraph 6 from a person who newly become an investor of the corporation shall not be counted in profit in computing the income mentioned in paragraph 1 of the same Article.
Article 9-(4). The profit having accrued from the decrease in the capital of a corporation shall not be counted in profit in computing the income referred to in Article 9 paragraph 1.
Article 9-(5). In the case of amalgamation of corporations, out of the composite profit accruing to the amalgamating corporation due to the amalgamation (hereinafter referred to as "surplus from amalgamated corporation" ), the sum tantamount to a profit accuring to the amalgamating corporation by allotting to the shareholders, partners or investors of the amalgamated corporation less stocks or less amount of money than the paid-up amount of stocks or the invested amount held by the amalgamated corporation at the time of the amalgamation (hereinafter referred to as"profit from stock retirement at the time of amalgamation) as well as the sum which is tantamount to the reserves of the amalgamated corporation shall not be counted in profit in computing the income referred to in Article 9 paragraph 1.
Necessary matters for computing what part of the surplus from amalgamated corporation consists of the profit from stock retirement at the time of the amalgamation, or of the reserves of the amalgamated corporation or of other profits, shall be provided for by Ordinance.
Article 9-(6). In case a corporation, on receiving the dividend of profit or the distribution of surplus from a domestic corporation in each accounting period, has stated the matters relative to the said dividend of profit or the said distribution of surpluses in the return as referred to under the provision of Articles 18 to 21 inclusive, the profits or surpluses thus distributed (in case the interest has been paid on the debt required for acquisition of the stock or investment which is the principal of the dividend or distributed surpluses, the sum remaining after deduction of the said interest) shall not be counted in profit in computing the income referred to in Article 9 paragraph 1.
The amount enumerated below shall be deemed to be the amount received as the dividend of profit or the distribution of surplus with respect to the application of the provision of the preceding paragraph:
1. In case the total of the amounts of money and other properties (as for stocks or investments, the paid-up amount thereof;hereinafter the same in this Article) received due to the redemption of stock or the decrease in capital or the total of the amounts of money and other properties received as the refund of the shares due to the retirement, secession or decrease in investment exceeds the amount necessitated by the corporation which receives the said amount of money or other properties to acquire the stocks or investments concerned, such part of the said excess as consists of the reserves of the corporation which has paid or delivered the said amount of money or other properties;
2. In case the total of the amounts of money and other properties received as the distribution of residual properties by a corporation which is a shareholder, partner or investor due to the dissolution of a corporation exceeds the amount expended by such corporation which is a shareholder, partner or investor to acquire the stocks br investments of the corporation which has distributed the residual properties, such part of the said excess as consists of the reserves of the corporation which has distributed the residual properties at the time of its dissolution (in case a corporation receives the stocks or investments of other corporation as the distribution of residual properties, the abovementioned reserves shall be limited to such part as has not been succeeded by other corporations concerned, and in case the corporation tax has been imposed upon the reserves concerned in each accounting period in liquidation, the amount of the corporation tax concerned shall be deducted from the reserves);
3. In the case of amalgamation of corporations, if the total of the paid-up amount of the stocks or investments and the amount of money that are received from the amalgamating corporation by a corporation which is a shareholder, partner or investor of the amalgamated corporation due to the amalgamation exceeds the amount expended by the corporation which is a shareholder, partner or investor to acquire the stocks or investment of the amalgamated corporation, such part of the said excess as consists of those reserves of the amalgamated corporation which have not been succeeded by the amalgamating corporation.
In the case of each item of the preceding paragraph, if a corporation being a shareholder, partner or investor has received money and other properties due to the redemption of stocks, decrease in capital, retirement, secession, decrease in investment, dissolution or amalgamation and also any amount of the money and other properties thus received is deemed as having been received due to the dividend of profits or distribution of surpluses under the said paragraph, the amount thus deemed as having been received due to the dividend of profits or distribution of surpluses shall be deemed as consisting of the properties received (in case the properties thus received are stocks or investments, the paid-up amount thereof which exceeds the amount required for acquiring such stocks or investments as have been the cause for receiving of the properties concerned) to the extent of the amount of the property received, and the remainder, if any, shall be deemed to be consisting of the money received.
In a case as referred to in paragraph 1 item 1 or 2, if a corporation has received the amount of money or other properties than the money in several times, the application of the provision of the said paragraph shall be as follows. Namely, in case the cumulated total of money and other properties has exceeded the amount expended to acquire the shares or investments, such part of the payment or the delivery of money or other properties or such part of the distribution of residual assets as consisting of the reserves as enumerated in each item concerned shall be deemed to have been assigned in the first place to the said excess amount.
Article 9-(7). As for the valuation of commodities, raw materials, finished and semi-finished products, goods in process and other assets to be inventoried that is necessary for the computation of income as referred to in Article 9 paragraph 1, a corporation shall choose one of the valuation methods which are prescribed by Ordinance for each kind of business prescribed by Ordinance and shall follow the method thus chosen.
A domestic corporation newly established or a corporation which has newly become a foreign corporation or which has newly opened another kind of business or has changed the kind of business shall choose a valuation method to be followed according to the preceding paragraph and notify it to the Government by the first due date of filing returns as referred to in Articles 18 to 21 inclusive after the time when the corporation has been established or has newly become a foreign corporation or when the corporation has opened the business or has changed the kind of its business. In case the corporation has failed to notify it to the Government, the corporation concerned shall follow the valuation method prescribed by Ordinance among those methods as provided for in the preceding paragraph.
In case a corporation intends to change the valuation method that was notified in accordance with the provision of the preceding paragraph or prescribed by Ordinance so as to be followed, the corporation shall obtain the prior approval of the Government.
A corporation which intends to obtain the approval of the Government in accordance with the provision of the preceding paragraph shall file a written application with the Government stating therein the fact and the reason for changing the method by the day prior to the opening date of the accounting period for which the corporation intends to adopt the new valuation method.
In case the written application under the preceding paragraph has been filed, the Government may reject the application concerned if a considerable period of time has not elapsed since the adoption of the valuation method now used by the said corporation or if the Government finds that the exact amount of income could not be computed on the valuation method which the corporation intends to adopt.
In case the Government has neither approved nor rejected the written application under paragraph 4 by the closing date of the accounting period concerned (as for the corporation subject to the provision of Article 19 or Article 20 in respect to the accounting period concerned, the day prior to the day six months after the opening date of the accounting period concerned) after the written application concerned was filed, the application concerned shall be deemed to have been approved.
In case the Government has approved or rejected the written application under paragraph 4 after it was filed, the Government shall notify it to the corporation which filed the application concerned.
Article 9-(8). In computing the depreciation charges of fixed assets which shall be counted in loss in the computation of income under Article 9 paragraph 1, a corporation shall follow the method prescribed by Ordinance.
A domestic corporation newly established or a corporation which has newly become a foreign corporation or which has acquired the fixed assets to be depreciated according to the method other than the current method shall choose a depreciation method to be followed out of those methods to be prescribed in accordance with the preceding paragraph and notify it to the Government by the first due date of filing returns provided for in Articles 18 to 21 inclusive after the time when the corporation has been established or has newly become a foreign corporation or after the acquisition of the assets concerned, if two or more methods of depreciation are provided for by Ordinance under the preceding paragraph in respect to the fixed assets owned or acquired by the corporation. In case no notification has been made, the corporation concerned shall follow the depreciation method prescribed by Ordinance among those methods to be prescribed under the preceding paragraph.
The provisions of paragraphs 3 to 7 inclusive of the preceding Article shall apply mutatis mutandis to the case where a corporation changes its depreciation method.
In Article 10 paragraph 1, "the normal and excess income" shall be amended as "the income" ;in paragraph 2 of the same Article, "normal income" shall be amended as "income" ;and paragraph 3 of the same Article shall be deleted.
In Article 11, "a corporation not having its head office or principal place of business within the enforcement area of the present Law, but having its assets or operating business within the enforcement area of the present Law" shall be amended as "foreign corporation," "normal income" shall be amended as "income" and "Article 9" shall be amended as "Articles 9 to 9-(8) inclusive."
In Article 12 paragraph 2, "normal income" shall be amended as "income."
Articles 13 to 16 inclusive shall be amended as follows:
Article 13. The reserve of a corporation for each accounting period shall be the amount obtained by multiplying the reserve at the beginning of the accounting period concerned minus the reserve on the last day of the accounting period ending just prior to April 1, 1950 (the reserve to be deducted shall be referred to as "the deductive reserve" ) by the number of methods in the accounting period concerned and then divided by 12.
As to a corporation of which accounting period covering April 1, 1950 is longer than six months (excluding the corporations as enumerated in each item of Article 5 paragraph 1 and Article 9 paragraph 6), if the period of six months after the opening date of the accounting period concerned ends before the said day, the deductive reserve shall, notwithstanding the provision of the preceding paragraph, be the total of the amount of the reserve at the opening date of the accounting period concerned and the amount obtained by deducting the corporation tax due on the income which accrued in the said period of time from the same income.
The number of months mentioned in paragraph 1 shall be computed on the basis of calendar year and a fraction less than a month shall be omitted.
Article 14. In case the amalgamation of corporations takes place on and after April 1, 1950, the deductive reserve of an amalgamated corporation shall be deemed to be that of the amalgamating corporation in respect to the application of paragraph 1 of the preceding Article.
In case the amalgamation of corporations takes place. before April 1, 1950 and the first accounting period of the amalgamating corporation after the amalgamation ends on and after the said date, the reserve of the amalgamated corporation on the last day of the accounting period ending just prior to the said date, shall be deemed to be the deductive reserve of the amalgamating corporation concerned in respect to the application of provision of paragraph 1 of the preceding Article.
Article 15. In case the amalgamation of corporation takes place on and after April 1, 1950 during the accounting period of the corporation which survives after the amalgamation and also where the corporation which survives after the amalgamation succeeds the reserve of the amalgamated corporation, the amount of reserve of the corporation, which survives after the amalgamation, for the accounting period covering the day of amalgamation concerned shall, notwithstanding the provisions of Article 13 and paragraph 1 of the preceding Article, be as follows:the amount of reserve of corporation which survives after the amalgamation, at the beginning of the accounting period concerned minus the amount of the deductive reserve (A). The amount of reserve which has been succeeded from the amalgamated corporation by the corporation which survives after the amalgamation minus the amount of deductive reserve of the amalgamated corporation, and the balanced amount is multiplied by the number of months remaining after the amalgamation for the accounting period and then divided by the number of months for accounting period concerned (B). And the balanced amount in the former (A) plus this amount (B), is multiplied by the number of months of the accounting period of the corporation which survives after the amalgamation and then divided by 12.
The provision of Article 13 paragraph 3 shall apply mutatis mutandis to the computation of the number of months as referred to in the preceding paragraph.
Article 16. "A reserve" as used in this Law shall mean the legal reserve, reserved fund and others, no matter what the name may be, which have been reserved from the income of corporation during each accounting period (including the income which is not subject to the corporation tax in accordance with the provision of Article 5-(2) or is exempt from the corporation tax in accordance with the provision of Article 6 or the amount that is not counted in profit in accordance with the provision of Article 9-(6)).
The amount to be paid as the corporation tax (excluding the amount equivalent to the interest on delinquent tax as referred to in Article 42 paragraph 2) shall not be counted in the reserved amount as referred to in the preceding paragraph.
Article 17 shall be amended as follows:
Article 17. The corporation tax shall be imposed at the following rates:
1. Income for each accounting period...... 35% of the amount of income
2. Reserve for each accounting period
Family corporation:
0 to 500,000 yen of annual reserve...... 2%
over 500,000 yen of annual reserve...... 7%
Other corporations...... 2%
In the case of item 2 of the preceding paragraph, as regards the corporation the accounting period of which is less than one year, "500,000 yen of annual reserve" in the said item shall be the amount of 500,000 yen multiplied by the number of months for the accounting period concerned and then divided by 12. The provision of Article 13 paragraph 3 shall apply mutatis mutandis to the computation of the number of months in this case.
In Article 18 paragraph 1, "Article 21" shall be amended as "Article 19 or Article 20," "the amount of normal income and excess income" shall be amended as "the amount of income and the amount of reserve as the taxable basis as well as the amounts of corporation tax due on the income and the reserve concerned," and "Provided, however, that in case the return can not be filed by the due date of filing on account of unsettlement of accounting according to the calamity and other unavoidable circumstances, a corporation may, with the approval of the Government, file the return within twenty days from the date of the settlement of the account." shall be added to the same paragraph;and the following four paragraphs shall be added next to the same paragraph:
A corporation which intends to get the approval as referred to in the proviso to the preceding paragraph shall, within forty-five days after the end of accounting period concerned, file a written application with the Government stating therein the solicitation for the application of the proviso to the same paragraph, as well as the reason why the accounting could not be settled by the due date of filing and the expected date of the settlement of accounting.
When the written application mentioned in the preceding paragraph was filed, the Government may, if it deems the reason stated in the written application concerned to be unreasonable, reject the said application.
If the written application mentioned in paragraph 2 was filed and the application has been neither approved nor rejected within two months from the closing date of the accounting period concerned, the said application shall be deemed to have been approved.
In case the written application as mentioned in paragraph 2 was filed and the Government has approved or rejected the application, the Government shall notify it to the corporation which filed the said application.
In paragraph 2 of the same Article, "the preceding paragraph" shall be amended as paragraph 1, ", Article 9, Articles 11-13 and Article 15" shall be amended as "and Articles 9 to 15 inclusive," "the amount of normal income;excess income" as "the amount of income and the amount of reserve," "corporation tax due on the income concerned" as "corporation tax due on the income and reserve concerned." ;and paragraphs 3 and 4 of the said Article shall be amended as follows:
A foreign corporation or a corporation enumerated in each item of Article 5 paragraph 1 shall, besides the documents mentioned in the preceding paragraph, attach the inventory, balance sheet and statement of profit and loss concerning the assets or business located within the enforcement area of this Law or attach the inventory, balance sheet and statement of profit and loss concerning the profit making business as referred to in each item of Article 5 paragraph 1.
In paragraph 5 of the same Article, "taxable amount of the normal income or excess income in every accounting period" shall be amended as "corporation tax to pay for each accounting period."
Articles 19 to 25 inclusive shall be amended as follows:
Article 19. In case of the accounting period of a corporation being longer than six months a corporation which has any corporation tax already paid or fixed to pay before the day prior to the day seven months after the opening date of the accounting period shall, except the case coming under the provision of Article 20, file a return, stating therein the amount of corporation tax tantamount to the amount obtained by dividing six times the total of the corporation tax already paid and the corporation tax fixed to be paid for the previous accounting period (excluding the corporation tax corresponding to the interest on delinquent tax, negligence additional tax, non-filing additional tax and heavy additional tax as referred to in Articles 42 to 43-(2) inclusive which are relative to the corporation tax concerned) by the number of months of the previous accounting period, with the Government within two months from the date on which six months have elapsed from the opening date of the accounting period concerned;provided, however, the corporation may, if it has computed the amounts of income and reserve for the accounting period as the taxable basis in accordance with the provisions of Articles 6 and 9 to 15 inclusive, deeming the period of six months after the opening date of the accounting period concerned to be one accounting period, file a return stating therein the amounts of income and reserve as well as the amount of corporation tax on the income and reserve concerned for the said accounting period (in case there is no income or reserve and no corporation tax thereon, that fact), with the Government within the due date of filing the return concerned in place of the return concerned.
In the case of the main clause of the preceding paragraph, if the Government has decided the adjustment ratio to be used as a multiplier of the amount of corporation tax for the previous accounting period in view of the situation of price fluctuation, etc., as may be prescribed by law separately, the amount of corporation tax to be stated in the return as referred to in the main clause of the same paragraph shall be calculated by applying the said adjustment ratio to the amount computed in accordance with the provision of the main clause of the said paragraph.
The document, stating therein the amount of corporation tax for the previous accounting period as referred to in the main clause of paragraph 1, the amounts of the income and the reserve for the previous accounting period which are the bases for the computation of the said corporation tax as well as period of time of the previous accounting period, shall be attached to the return as referred to in the main clause of the same paragraph, as may be prescribed by Ordinance.
To the return as referred to in the proviso to paragraph 1, the balance sheet as of the last day of the said period, as referred to in the said proviso to the said paragraph, the statement of profit and loss (in a case of foreign corporation, the balance sheet and the statement of profit and loss relative to the assets or business located within the enforcement area of this Law), the detailed statement concerning the computation of amounts of income and reserve for the said period as well as the detailed statement concerning the computation of corporation tax on the said income and reserve shall be attached as may be prescribed by Ordinance.
In case the corporation liable to file the return mentioned in paragraph 1 has failed to file the said return by the due date of filing as referred to in the said paragraph, the corporation concerned shall be deemed to have filed the return with the Government after the lapse of the time limit for filing the said return.
The provision of Article 13 paragraph 3 shall apply mutatis mutandis to the computation of number of months as referred to in paragraph 1.
The provisions of paragraph 1 to the preceding paragraph inclusive shall apply mutatis mutandis to the case where a corporation has no corporation tax to pay for the previous accounting period as referred to in the main clause of paragraph 1.
The provisions of paragraph 1 to the preceding paragraph inclusive shall not apply to the corporation as enumerated in each item of Article 5 paragraph 1 and Article 9 paragraph 6.
Article 20. In a case where the first accounting period of a domestic corporation after its establishment or where the first accounting period of foreign corporation newly established exceeds six months or where the accounting period subsequent to the accounting period covering the day of amalgamation of domestic corporation which survives after the amalgamation exceeds six months (excluding a case where the amalgamation is made on the opening day of the accounting period covering the day of amalgamation) or where the amalgamation has been made during the six months after the opening date of the accounting period of the domestic corporation surviving after the amalgamation, which is longer than six months, the domestic corporation or foreign corporation newly established or the domestic corporation which survives after the amalgamation shall, if it finds any corporation tax to pay after computing the amounts of income and reserve for the period as the taxable basis in accordance with the provisions of Article 6 and Articles 9 to 15 inclusive on the presumption that the period of six months after the opening date of the accounting period is one accounting period in respect to the accounting period which is longer than six months, file a return stating therein the amounts of income and reserve for the said period as well as the corporation tax due on the said income and reserve with the Government within two months from the end of the said period.
The provision of paragraph 4 of the preceding Article shall apply mutatis mutandis to the filing of return as referred to in the preceding paragraph.
The provision of the preceding two paragraphs shall apply mutatis mutandis to a case where the corporation has no corporation tax to pay for the period of time as referred to in paragraph 1.
The provisions of the preceding three paragraphs shall not apply to the corporation as enumerated in each item of Article 5 paragraph 1 and in Article 9 paragraph 6.
Article 21. A corporation liable to pay a corporation tax shall, if it comes under the provision of Article 19 or the preceding Article, file with the Government a return stating therein the amounts of income and reserve as a taxable basis for the accounting period concerned as well as the amount of corporation tax on the said income and reserve on the confirmed settlement within two months from the closing date of the said accounting period;provided, however, in case a corporation cannot file the return by the due date of filing a return, on account of an unsettlement of account owing to the calamity or other unavoidable circumstances, the corporation may, with the approval of the Government, file it within 20 days from the date of confirmation of the settlement of account.
The provisions of Article 18 paragraphs 2 to 5 inclusive shall apply mutatis mutandis to the case referred to in the proviso to the preceding paragraph.
The provisions of Article 18 paragraphs 6 and 7 inclusive shall apply mutatis mutandis to the case where the return as prescribed in paragraph 1 is filed.
The provisions of the preceding three paragraphs shall apply mutatis mutandis to the case where a corporation has no corporation tax to pay for the accounting period as referred to in paragraph 1.
Article 22. Notwithstanding the provisions of the preceding four Articles, a corporation in process of liquidation with corporation tax liability shall, with respect to the corporation tax for each accounting period closing in the process of liquidation, file with the Government, within two months from the closing date of the accounting period, a return stating therein the amount of reserves as a taxable basis for the accounting period concerned and the corporation tax on the said reserves.
To the return under the provision of the preceding paragraph shall, as prescribed by Ordinance, be attached the inventories and balance sheets as of the closing dates of the accounting period concerned as well as the accounting period previous thereto, the detailed statement on the computation of the receipts and expenses for the accounting period concerned, the detailed statements on the computation of the reserves for the accounting period concerned and the detailed statements on the computation of the corporation tax on the said reserves.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to the case where the corporation in process of liquidation has no corporation tax to pay for each accounting periods in the liquidation.
Article 23. A corporation liable to file a return as referred to in Article 18 paragraph 1, Article 20 paragraph 1, Article 21 paragraph 1 or paragraph 1 of the preceding Article, may, even after the time limit of filing as referred to in each of the said paragraphs, file with the Government a return stating therein matters prescribed by each of the said paragraphs, before the notice of determination is made in accordance with the provision of Article 32.
The return mentioned in the preceding paragraph shall be annexed by the attached documents of the return as prescribed respectively in each of the said Articles.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to the corporation liable to file a return in accordance with the provisions of Article 18 paragraph 8, Article 20 paragraph 3, Article 21 paragraph 4 or Article 22 paragraph 3.
Article 24. In case a corporation, which filed a return as referred to in Article 18 to the preceding Article inclusive, has found a deficit in the amount of income, reserve or corporation tax stated in the said return (or in case it has found a corporation tax to pay, in the case of a corporation which filed a return stating therein that it had no corporation tax to pay), it may file with the Government, before the correction or the determination referred to in Article 32 is notified, a return stating therein matters to be amended or other matters as may be prescribed by Ordinance in respect to the matters entered in the return already filed.
In case a corporation which was notified of the correction or determination in accordance with the provisions of Articles 29 to 31 inclusive has found a deficit in the corrected or determined amounts of income, reserve or corporation tax (or in case it has found a corporation tax to pay, in the case of a corporation of which amount of loss was corrected), it may file a return stating therein the matters to be amended or other matters provided for by Ordinance with the Government concerning to the said corrected or determined amounts of income, reserve, corporation tax or loss.
The provisions of the preceding two paragraphs shall apply mutatis mutandis to the case where the amount of loss with respect to which a corporation claimed a refund of corporation tax in accordance with the provision of Article 26-(3) paragraph 1 or the corrected amount of loss in the case of correction made in accordance with the provision of Article 29 paragraph 2 or Article 31 paragraph 2, has been overestimated.
To the returns as referred to in the preceding three paragraphs (hereinafter referred to as "the revised return" ) shall be attached the detailed statements concerning the revision, as may be prescribed by Ordinance.
Article 25. A corporation may use a return of blue colour (this return shall be called a "blue return" ) with an approval of the Government for the return to be filed in accordance with the provisions of Article 18 to the preceding Article inclusive.
A corporation which intends to get the approval of the Government as referred to in the preceding paragraph shall comply with the provisions of the Ordinance in respect to the books and records to be furnished for the computation of income and reserve for every accounting period.
A corporation which intends to get the approval of the Government as referred to in paragraph 1 shall file a written application with the Government stating therein matters as prescribed by Ordinance by the day prior to the opening date of the accounting period for which the corporation intends to use a blue return (or within 20 days from the opening date of the accounting period, in case the said accounting period is the first accounting period after the corporation has been establish ed or has become newly the foreign corporation).
When the Government approves the application as referred to in the preceding paragraph, it may, if necessary, give necessary instruction to the corporation with respect to the books and records to be prepared by it as referred to in paragraph 2.
When the application as prescribed in paragraph 3 has been filed, the Government may reject the said application, if it finds that the books and records prepared by the corporation are not in accordance with the provision of the Ordinance as provided in paragraph 2, or if it has a good reason to believe that false entries were made in the books and records, or if the application has been filed within one year from the date on which the notice of cancellation as prescribed in paragraph 8 was received.
In the case of the written application filed in accordance with paragraph 3, if no approval nor rejection has been made for the said application by the closing date of the accounting period concerned (or by the day prior to the day six months after the opening date of the accounting period concerned, in case of a corporation whose accounting period is subject to the provision of Article 19 or 20), the said application shall be deemed to have been approved.
The Government may, if it finds that the following facts enumerated in each of the following items exist with respect to the corporation which got the approval of the Government to file a blue return, cancel the said approval retrospectively from the time when the facts are considered to have occurred. In this case, the blue return filed after the time when the facts are considered to have occurred shall be deemed the return other than the blue return:
1. That the books and records prepared by the corporation don't follow the provisions of the Ordinance as provided in paragraph2;
2. That the corporation concerned has not followed the instructions as provided for in paragraph 4 in respect to books and records;
3. That such false entries as the concealment, disguise, etc., of the whole or a part of transactions were discovered in the books and documents prepared by the said corporation, which leads to doubt the authenticity of the entire entry;
4. That the corporation concerned has not filed a return as referred to in Articles 18 to 22 inclusive by the due date of filing;
5. That the corporation has changed the method without getting the approval of tne Government as referred to in Article 9-(7) paragraph 3 (including the case where this applies mutatis mutandis in Article 9-(8) paragraph 3).
In case the application as referred to in paragraph 3 was filed, the Government shall, when it has approved or rejected the said application or when it has cancelled the approval in accordance with the provision of the preceding paragraph, notify it to the corporation concerned.
Article 25-(2). The representative of the corporation (all representatives, if two persons or more represent jointly the corporation) shall sign his name and affix his seal to the return as referred to in Articles 18 to 24 inclusive;provided, however, in case there are two or more representatives of the corporation (excepting the case where two or more persons represent jointly the corporation), the president, chief director, managing director, executive director or other person who actually manages the business of corporation at the time of preparation of the return, shall sign his name and affix his seal to the return.
The superior officials or members of the corporation who are responsible for the accounting business of the corporation concerned at the time when the return is prepared, shall sign and affix his seal to the return referred to in the preceding paragraph, together with representatives referred to in the said paragraph. In this case, if the entry in the return is against his opinion, he shall state the matter in the return.
In the case of the foreign corporation, the persons who must sign and affix their seals to the return in accordance with the provision of the preceding two paragraphs shall be a person who is responsible for superintending or managing the assets or business within the enforcement area of this Law and a person who is in the high position responsible for the finance and accounting in respect to the said assets or business. In this case, the provision of the latter clause of the preceding paragraph shall also apply to a person responsible for superintending or managing the assets or business concerned.
Whether the return duly signed and sealed in accordance with the provision of the preceding three paragraphs or not, shall have no effect upon the validity for the return to be filed in accordance with the provisions of Articles 18 to 24 inclusive.
"Chapter V Payment" shall be amended as "Chapter V Payment and Refund."
Article 26 shall be amended as follows:
Article 26. The corporation which has filed the return as provided in Article 18 paragraph 1, Article 20 paragraph 1 or Article 22 paragraph 1 shall pay to the Government the corporation tax equal to the amount entered on the return by the due date of filing the return as referred to in each of the said paragraph.
The corporation which is liable to file a return as provided for in Article 19 (excepting the corporation which has filed the return stating therein that it has no corporation tax to pay in accordance with the provisions of the same Article) shall pay to the Government the corporation tax equal to the amount entered on the return which was filed in accordance with the provisions of the same Article or equal to the amount entered on the return which is deemed to have been filed in accordance with the provisions of paragraph 5 of the same Article, by the due date of filing the return as provided in the same Article.
The corporation which has filed the return as provided for in Article 21 paragraph 1 shall pay the corporation tax equal to the amount entered on the said return, minus the corporation tax (hereinafter referred to as "corporation tax in interim return" in this paragraph) entered on the return which was filed in accordance with the provision of Article 19 or Article 20 paragraph 1 (including the return to be filed in accordance with the provision of Article 23, containing therein the matters as provided for in Article 20 paragraph 1), or minus the corporation tax entered on the return which was deemed to have been filed in accordance with the provision of Article 19 paragraph 5;provided, however, in case of falling under any one of the following items, the amount of corporation tax to be deducted from the amount of corporation tax entered on the return as prescribed in Article 21 paragraph 1 shall be the one enumerated in each of the following items:
1. In case of the filing of the interim return of the corporation tax, if the revised return as provided in Article 24 paragraph 1 or paragraph 2 has been filed or if the tax has been corrected in accordance with the provision of Article 29 paragraph 1 or Article 31 paragraph 1 before the date of filing the return as provided for in Article 21 paragraph 1, the total of the corporation tax in the interim return, the amount of corporation tax to be increased by the filing of the revised return and the deficiency tax in respect to the said correction as provided in Article 33 paragraph 1;
2. In case of no filing of the interim return of the corporation tax, if the tax has been corrected or determined in accordance with the provisions of Article 30 or Article 31 paragraph 1 or if the revised return as provided in Article 24 paragraph 2 has been filed before the date of filing the return as provided in Article 21 paragraph 1, the total of the deficiency tax in respect to the said determination or correction provided in Article 33 paragraph 1 and the amount of corporation tax to be increased by the filing of the said revised return.
Article 26-(2). The corporation which has filed the return as provided in Article 23 paragraph 1 shall pay the corporation tax equal to the amount entered in the return concerned (or (or equal to the amount as computed by applying mutatis mutandis the provision of paragraph 3 of the preceding Article, in case of the return containing the matter as provided in Article 21 paragraph 1) to the Government on the day when the return has been filed.
The corporation which has filed the revised return as provided in Article 24 paragraph 1 or paragraph 2 shall pay to the Government the corporation tax equal to the amount of corporation tax to be increased by the said revised return on the day when the said return has been filed.
In case the corporation which received a refund of the corporation tax in accordance with the provisions of Article 26-(3) paragraph 4 has filed the revised return as provided for in Article 24 in respect to the amount of loss that was used as a basis for the computation of the amount of refund, the said corporation shall pay to the Government the corporation tax equal to the excess of the amount of refund (including the part of the added amount under the provision of Article 26-(3) paragraph 6 which has become excessive) over the amount mentioned in the said revised return, on the day when the said return has been filed.
Article 26-(3). The corporation which files the blue return may, if its total loss exceeds its total profit in the computation of the income for each accounting period as provided for in Article 9 paragraph 1, claim to the Government, in accordance with the provisions of the Ordinance, a refund of corporation tax tantamount to the difference between the corporation tax on the income for the accounting period that opened within a year before the opening date of the accounting period concerned and the corporation tax on such income as is computed by deducting wholly or partially such part of loss (hereinafter referred to as "the amount of loss" ) as exceeds the income for the preceding accounting period from the income for the preceding accounting period, simultaneously with the filing of the return for the accounting period concerned as provided for in Article 18 paragraph 8 or Article 21 paragraph 4;provided, however, that this shall be limited to the case where the corporation has filed the blue return for the accounting period with respect to which the corporation intends to deduct the loss amount from the income (hereinafter referred to as "the accounting period for refund" in this Article), and files continuously thereafter the blue return.
In case of a claim for the refund of the corporation tax as provided for in the preceding paragraph, if there is any amount of money that was already refunded in accordance with the provision of paragraph 4 (this shall be the amount of money to be obtained by deducting the amount tantamount to the amount of tax (excluding such amount of tax as corresponds to the amount added in accordance with the provision of paragraph 6) from the said amount of money already refunded, in case there is any amount of tax already paid or to be paid in accordance with the provision of paragraph 3 of the preceding Article or collected or to be collected in accordance with the provision of Article 33 paragraph 2), the amount of income for "the accounting period for refund" shall, with respect to the application of the preceding paragraph, be deemed to have been reduced by the amount of loss as was used as a basis for the computation of the said amount of refund.
The corporation which claims a refund of corporation tax in accordance with the provision of paragraph 1 shall file with the Government the document stating therein the amount of income for the accounting period for refund, the amount of corporation tax on the said amount of income, the amount of loss to be deducted from the said amount of income and other matters to be prescribed by Ordinance.
In case the corporation has claimed a refund of corporation tax in accordance with the provision of paragraph 1, the Government shall refund a whole or part of the, claimed corporation tax to the corporation or notify the corporation to the effect that it has no good reason for the refund after examining the amount of loss used as a basis of the claim and other necessary matters (or after correcting or determining the amount in accordance with the provision of Articles 29 to 31 inclusive, if the Government deems it necessary to do so as a result of the examination).
In case the refund of the amount (including the amount to be added in accordance with the provision of paragraph 6) as provided for in the preceding paragraph is claimed, if there is an unpaid national tax, charge for a call, delinquent additional money or coersive attachment charge, the said amount shall be appropriated for, these unpaid taxes and charges.
In case the Government refunds the amount of corporation tax as provided for in paragraph 4, the Government shall add to the said amount of refunded corporation tax an amount as computed by applying mutatis mutandis the method of the computation of interest on delinquent tax as provided for in Article 42, depending on the period of time between the day five months after the next day of the due date of filing the return which was filed simultaneously with the claim of the refund and the day when the said amount of refund is actually paid out or appropriated.
In Article 27, "the corporation tax imposed on the normal income, or the excess income or the corporation tax on the income at liquidation," shall be amended as "the corporation tax imposed on the income or the reserve," .
In Article 28, "paragraph 1 of Article 26" shall be amended as "Article 26," "paragraph 2 of the same Article" shall be amended as "Article 26-(2)," "or the revised return" shall be added next to "a return," and "or the revising date" shall be deleted.
Chapter VI Correction and Determination of Taxable Standard "shall be amended as" Chapter VI Correction and Determination."
Article 29 shall be amended as follows:
Article 29. In case the return or the revised return as provided for in Articles 18 to 24 inclusive has been filed, if the taxable basis or corporation tax stated in the said return or revised return is at variance with the result of the investigation made by the Government, the Government shall correct the taxable basis or corporation tax according to its investigation.
In case the refund of corporation tax as provided in Article 26-(3) paragraph 1 has been claimed, if the amount of loss used as a basis for the claim concerned (the amount of loss in the said revised return, in the case where the revised return as provided in Article 24 paragraph 3 has been filed) is at variance with the result of the investigation made by the Government, the Government shall correct the amount of loss according to its investigation, with the exception of the case falling under the provision of Article 30.
In Article 30, "(excluding the case where the provision of Article 19 paragraph 5 is applicable) shall be added next to" failed to file its return, "there was no taxable income" shall be amended as "there was no corporation tax to be paid," and "the taxable standard" shall be amended as "the taxable basis and the amount of corporation tax."
In Article 31, "in the preceding two Articles" shall be amended as "in the provision of Article 29 paragraph 1, the preceding Article or this paragraph," "the taxable standard" shall be amended as "the taxable basis and the amount of corporation tax," "omission has been found" as "a deficit has been found," and the following one paragraph shall be added in the said Article:
In case the Government has found that the corrected amount of loss was overestimated after the correction as provided for in Article 29 paragraph 2 or this paragraph, the Govern ment shall correct the amount of loss according to its investigation with the exception of the case falling under the provision of the preceding Article.
The following two Articles shall be added next to Article 31:
Article 31-(2). In case the taxable basis, amount of loss or amount of corporation tax is corrected or determined by the Government in accordance with the provisions of the preceding three Articles, if the Government has found that the admission of the act or computation of the family corporation results in considerable decrease of the burden of the corporation tax on it, the Government may compute the taxable basis or amount of loss for the said corporation on its own opinion, regardless of the said act or computation.
Article 31-(3). In case the Government corrects or determines the taxable basis as well as the amount of loss or the amount of corporation tax as provided for in the provisions of Articles 29 to 31 inclusive with respect to the accounting period for which the blue return was filed by the corporation which is permitted to file the blue return, with the exception of the case to which the provision of the latter part of Article 25 paragraph 7 applied with respect to the return for the accounting period concerned, the Government shall do so only in case it recognizes that there is any error in the calculation of the taxable basis or the amount of loss after investigating the books and document of the corporation;provided, however, upon investigation of the return and attached documents filed in accordance with the provisions of Articles 18 to 24 inclusive, if it is clear that the computation of the taxable basis, amount of loss or amount of corporation tax entered in the return or revised return is not in accordance with the provisions of Article 6 and Articles 9 to 15 inclusive, or if there is a mistake to be found in the computation of the corporation tax entered in the return which was filed in, accordance with the provision of the main clause of Article 19 paragraph 1, the correction or determination of the taxable basis, amount of loss or amount of corporation tax as provided for in Articles 29 to 31 inclusive may be made.
In case the Government corrects or determines the taxable basis or amount of corporation tax as provided in Articles 29 to 31 inclusive for the accounting period of the corporation which is not subject to the provisions of the preceding paragraph, the Government may correct or determine them on the presumption amount of income or reserve for each accounting period based upon the increase or decrease in the assets or liabilities of the said corporation, situations of receipts or expenditures, amount of production, amount of sale, amount of other transaction, the number of the employees or the scale of business.
In Article 32, "the taxable standards in accordance with the preceding three Articles" shall be amended as "the taxable basis, amount of loss or the amount of corporation tax in accordance with the provisions of Articles 29 to 31 inclusive" , "notify the same to the corporation liable to pay the tax" shall be amended as "notify the same to the said corporation. In this case, if the correction or determination concerned has been made concerning the accounting period for which a blue return was filed, the Government shall state the reason in the documents of notification."
In Article 33, "Articles 29-31" shall be amended as "Article 29 paragraph 1, Article 30 or Article 31 paragraph 1," "the taxable standard" shall be amended as "the taxable basis or amount of corporation tax" ;and the following one paragraph shall be added in the same Article:
In case the Government has corrected the amount of loss in accordance with the provision of Article 29 paragraph 2 or Article 31 paragraph 2 or in case the Government has determined the taxable basis and the amount of corporation tax for the accounting period for which the corporation filed the return concerning the loss in accordance with the provisions of Article 30, the Government shall collect the corporation tax tantamount to the excess of the refunded amount of corporation tax refunded in accordance with the provision of Article 26-(3) paragraph 4 over the amount to be revised by the said correction or determination (including the amount corresponding to the overpaid amount in the amount added in accordance with the provision of Article 26-(3) paragraph 6) by the time-limit of one month from the date of notification as referred to in the preceding Article.
Chapter VII and Chapter VIII shall be amended as follows:
CHAPTER VII Reinvestigation, Reconsideration and Litigation
Article 34. A corporation which has received the notification as provided in Article 32 or Article 44 may, if it has any objection in respect to the taxable basis, the amount of loss, the amount of corporation tax, the amount of negligence additional tax, the amount of nonfiling additional tax or the amount of heavy additional tax as notified, request, in accordance with the provisions of the Ordinance, the reinvestigation to the chief of taxation office who has made the notification concerned winthin one month from the day on which such notification was received, in the form of the document stating therein the reason for dissatisfaction;provided, that this shall not apply to a corporation which has received the said notification in the form of the document stating therein the fact that the investigation concerning the notified matters was made by the official of Tax Administration Agency or tax administration bureau.
The chief of taxation office shall not postpone the collection of tax even if the request has been made in accordance with the preceding paragraph;provided, however, that the chief of taxation office may, if a justifiable reason is deemed to exist, postpone the collection of the whole or a part of the tax.
The provision of paragraph 1 shall apply mutatis mutandis to the case where the corporation which has received the notification as provided in Article 7 paragraph 2, Article 9-(7) paragraph 7 (including the case where this applies mutatis mutandis in Article 9-(8) paragraph 3), Article 18 paragraph 5 (including the case where this applies mutatis mutandis in Article 21 paragraph 2), Article 25 paragraph 8 or Article 46-(3) paragraph 4 has any objection in respect to the matters relating to the said notification.
The request concerned shall not affect the validity of assessment which is the object of the request, even in case the request as referred to in the preceding paragraph has been made.
In case the request as provided in paragraph 1 (including the case where this applies mutatis mutandis in paragraph 3) has been made (hereinafter referred to as "the request for reinvestigation" ), the chief of taxation office will, if there is any mistaken points in the form or in the procedure of the request, have the taxpayer correct the said points, fixing the reasonable term.
In case the request for reinvestigation has been made, if it falls under any one of the following items, the chief of taxation office shall make a decision as enumerated in each of the following items and notify it to the corporation which made the said request, in the form of the document stating therein the reason for such decision:
1. In case the request for reinvestigation has been made after the lapse of term as provided in paragraph 1 or where the mistaken points has not been corrected in the case where the chief of taxation office demanded the correction of the mistaken points in accordance with the provision of the preceding paragraph, a decision to reject the said request;
2. In case the whole of the request for reinvestigation is deemed to be without reason, a decision to deny the said request;
3. In case a good reason for the whole or a part of the request for reinvestigation is deemed to exist, a decision to cancel the whole or a part of the assessment which is the object of the request for reinvestigation.
Article 35. A corporation coming under the proviso to paragraph 1 of the preceding Article (including the case where this proviso applies mutatis mutandis in paragraph 3 of the same Article or a corporation which has received the notification as provided in paragraph 6 of the same Article may, if it has any objection in respect to the matters concerning the notification as referred to in paragraph 1 or paragraph 3 of the same Article or to the decision as provided for in paragraph 6 of the same Article (hereinafter referred to as "the decision of reinvestigation" ), make a request for reconsideration, as provided for by Ordinance, to the Director of Tax Administration Agency or to the chief of tax administration bureau through the chief of taxation office who has made the said notification, within one month from the day on which the notification as provided for in paragraph 1 or paragraph 3 of the same Article, or from the day on which the decision as provided for in paragraph 6 of the same Article was received, in the form of the document stating therein the reason for dissatisfaction. In this case, if the request for reconsideration is concerned with the decision of reinvestigation, the request for reconsideration of the assessment which is the object of the said reinvestigation shall be deemed to have been made simultaneously.
The provisions of paragraph 2 and paragraph 4 of the preceding Article shall apply mutatis mutandis to the case under the preceding paragraph.
In case the request for reinvestigation has been made, if it comes under any one of the following items, the request for reconsideration as provided for in paragraph 1 (hereinafter referred to as "the request for reconsideration" ) shall be deemed to have been made to the chief of the tax administration bureau exercising control over the jurisdiction area of the chief of taxation office as prescribed in each item concerned as of the respective date as prescribed in each of the following items:
1. In case a chief of taxation office has deemed it adequate to regard the request for reinvestigation as the request for reconsideration and also a corporation which made the request for reinvestigation has agreed with it, the day on which the said agreement takes place;
2. In case the notification as provided in paragraph 6 of the preceding Article has not been made within three months from the day on which the reinvestigation was requested and also a corporation which made the request for reinvestigation has offered to the chief of taxation office that the said request may be regarded as the request for reconsideration, the day on which the said offer was made.
The provision of paragraph 5 of the preceding Article shall apply mutatis mutandis to a case where the reconsideration was requested.
In the case of request for reconsideration, if it falls under any one of the following items, the Director of Tax Administration Agency or the chief of tax administration bureau shall make the decision provided respectively in each of the following items and notify it to the corporation which made the said request (including a corporation which requested the reinvestigation as provided for in paragraph 3) in the form of the documents stating therein the reason therefor. In this case, if the request for reconsideration of the assessment which is the object of reinvestigation is deemed to have been made in accordance with the provision of the latter part of paragraph 1, the decision as referred to in item 2 or item 3 shall be made respectively for each request:
1. In case the request for reconsideration has been made after the lapse of the term as referred to in paragraph 1 or in case the fault has not corrected in the case where the correction of the fault was demanded in accordance with the provision of paragraph 5 of the preceding Article which applies mutatis mutandis in the preceding paragraph, a decision to reject the said request;
2. In case the whole of request for reconsideration is deemed to be without reason, a decision to deny the said request;
3. In case a good reason for the whole or a part of request for reconsideration is deemed to exist, a decision to cancel the whole or a part of the assessment which is the object of the request for reconsideration.
In case the Director of Tax Administration Agency or the chief of tax administration bureau has made the decision as provided for in item 2 of the preceding paragraph in respect to the request for reconsideration of the decision of reinvestigation as provided for in paragraph 6 item 1 of the preceding Article, the request for reconsideration, which is regarded to have been made in accordance with the provision of the latter part of paragraph 1 concerning the assessment which is the object of reinvestigation shall, notwithstanding the provision of latter part of the said paragraph, be deemed to have been denied.
In case the Director of Tax Administration Agency or the chief of tax administration bureau makes the decision as provided for in paragraph 5 item 2 or item 3 in respect to the matters provided for in paragraph 1 of the preceding Article, it shall be made after holding the consultation with the conference group which belongs to the Tax Administration Agency or the tax administration bureau.
The necessary matters concerning the conference group under the preceding paragraph shall be prescribed by Cabinet Order.
Article 36. To the case concerning the assessment which is the object of the request for reinvestigation or of the request for reconsideration, the provision of the Administrative Appeal Law shall not apply.
Article 37. The action for the cancellation or change of the assessment which is the object of the request for reinvestigation or of the request for reconsideration shall not brought to the court unless through the decision as provided for in Article 35 paragraph 5 (hereinafter referred to as "the decision of reconsideration" );provided, however, in the cases where a notification of the decision of reinvestigation is not made even after the lapse of six months from the day on which the reinvestigation was requested or where a term of three months has elapsed from the day on which the reconsideration was requested or where it is feared that the conspicuous damage may occur on account of the decision of reinvestigation or of reconsideration or where there exists any justifiable reason, the action may be brought to the court withont going through the decision of reinvestigation or of reconsideration.
The action for the cancellation or change of the assessement which is the object of request for reinvestigation or of reconsideration or for the cancellation or change of the decision of the reconsideration shall, with the exception of the case coming under the proviso to the preceding paragraph, be brought to the court within three months from the day on which the decision of reconsideration was informed and received, notwithstanding the provision of Article 5 paragraph 1 or paragraph 4 of the Law for Special Regulations concerning Procedure for Administrative Litigation.
In case the action for the cancellation or change of the assessment which is the object of the reinvestigation is brought to the court in accordance with the proviso to paragraph 1 after six months has elapsed from the day on which the reinvestigation was requested, in accordance with the provisions relating to the reinvestigation, such action shall be brought to the court within nine months from the day on which the said reinvestigation was requested.
The term as referred to in the preceding two paragraphs shall be the peremptory term.
In the case where the action as referred to in paragraph 2 has been brought to the court, the official of the Tax Administration Agency or tax administration bureau shall, with respect to the application of the provision of Article 5 paragraph 1 of the Law concerning the Authority of the Attorney-General in the Judicial Procedure in which Interests of the State are Involved, be deemed to be the official under the chief of tax administration bureau or the chief of taxation office who becomes to be a party or an intervenor.
Even in the case where the action has been brought to the court in accordance with the provision of the proviso to paragraph 1, if the request for reinvestigation or reconsideration is under way, the decision on these request may be taken.
Article 38. In the case of the action as provided for in paragraph 2 of the preceding Article, if the court recognizes that the assertion of the Director of Tax Administration Agency, the chief of tax administration bureau or the chief of taxation office who is the other party is reasonable, the party who brought the said action shall first produce evidence, and then the other party shall produce evidence.
The other party may produce the evidence at any time notwithstanding the provision of the preceding paragraph.
Chapter IX shall be made Chapter VIII.
Article 39 shall be amended as follows:
Article 39. The Government shall give a public notice of the name of corporation which has income of more than one million yen (in the case of the return as provided for in Article 21 paragraph 1 or the case of the return as provided for in Article 23 paragraph 1, entered with the matters as prescribed in the same paragraph or the revised return for these returns, 2,000,000 yen) that has been stated in the return (excluding the return as provided for in the main clause of Article 19 paragraph 1) or in the revised return place of tax payment of tax as provided for in Article 46-(3), name of representative, (in case of a foreign corporation, a responsible person as referred to in Article 46-(4) paragraph 2), the amount of income stated in the return, its accounting period or the term as provided for in the proviso to Article 19 paragraph 1 (including the case where it applies mutatis mutandis in paragraph 7 of the same Article) or Article 20 paragraph 1, within two months from the day on which the said return was filed, for the duration of one month at least.
In Article 40 paragraph 1, "or the amount of corporation tax" shall be added next to "in the taxable standards thereof," and "an omission" shall be amended as "deficit amount," "200,000 yen" shall be amended as "500,000 yen" ;and paragraph 2 of the said Article shall be amended as follows:
The provision of the preceding paragraph shall not apply to a case where the information has been based upon the knowledge acquired by the tort or by the performance of business of official of national or local government.
Article 42 and Article 43 shall be amended as follows:
Article 42. A corporation liable to pay the corporation tax shall, in case it comes under any item of the following items, pay the amount of interest on delinquent tax computed by applying the rate of 4 sen per 100 yen (per day) to the amount of corporation tax according to the term as enumerated in each concerned item, in addition to the amount of corporation tax as enumerated in each item concerned:
1. In case a corporation has not paid a part of the corporation tax in accordance with the provision of Article 26 (excluding the corporation tax to be paid due to the filing of return pursuant to the proviso to Article 18 paragraph 1 or the proviso to Article 21 paragraph 1) by the due date of payment, a term from the next day of due date for payment of the delinquent amount of tax to the day of payment of the tax concerned;
2. In case a corporation has filed the return under the provision of the proviso to Article 18 paragraph 1 or the proviso to Article 21 paragraph 1, a term from the next day of the due date for filing of the return under the provision of the main clause of Article 18 paragraph 1 or of main clause of Article 21 paragraph 1 in respect to the corporation tax to be paid in accordance with the provision of Article 26 paragraph 1 or paragraph 3, to the day of payment of the tax concerned;
3. In case a corporation has filed the return under the provision of Article 23 paragraph 1 or filed the revised return under the provision of Article 24 paragraph 1 or paragraph 2, a term from the next day of due date for filing of the return prescribed in the main clause of Article 18 paragraph 1, Article 20 paragraph 1, the main clause of Article 21 paragraph 1 or Article 22 paragraph 1, in respect to the corporation tax to be paid in accordance with the provision of Article 26-(2) paragraph 1 or paragraph 2, to the day of payment of the tax concerned;
4. In case a corporation which received the refund of the whole amount of tax under the provision of Article 26-(3) paragraph 4 has filed the revised return under the provision of Article 24, in respect to the loss amount which is the basis of the amount of refund, a term from the day on which the refund under Article 26-(3) paragraph 4 was paid, in respect to the corporation tax to be paid in accordance with the provision of Article 26-(2) paragraph 3, to the day of payment of the tax concerned.
In the case under the preceding paragraph, in case a corporation has paid a part of the amount of corporation tax enumerated in each of the same items, the amount of corporation tax which is the basis of computation of interest on delinquent tax to be paid for a term after the next day of the payment shall be the amount of corporation tax enumerated in each of the said items minus the amount of corporation tax partially paid.
The provision of paragraph 1 shall not apply to the case where the amount which is the basis of the computation of interest on delinquent tax under the said paragraph is less than 1,000 yen. A fraction less than 1,000 yen in the tax amount concerned shall be omitted in the computation.
The interest on delinquent tax computed in accordance with the provision of the preceding three paragraphs need not be paid if it turns out less than 100 yen.
In the case coming under any of paragraph 1 items 2 to 4 inclusive, in case a corporation which filed the return or revised return under the provision of each concerned one of the said items has not paid some of the interest on delinquent tax by the due date of tax payment under the provision of Article 26 paragraph 1 or paragraph 3 or on the day of tax payment under the provision of Article 26-(2), and in the case coming under the provision of paragraph 1 item 1, the Government shall call for the payment of the interest on delinquent tax in accordance with the provision of Article 9 of the National Tax Collection Law.
In case the Government collects the deficiency tax under the provision of Article 33 paragraph 1 or collects the amount of corporation tax to be paid pursuant to the provision of paragraph 2 of the same Article, it shall also collect the interest on delinquent tax computed according to the provision of paragraph 1 item 3 or item 4 and paragraphs 2 to 4 inclusive.
In case a corporation is to pay the interest on delinquent tax in addition according to the provision of paragraph 1 or in case the interest on delinquent tax is collected in addition according to the provision of the preceding paragraph, the amount of corporation tax paid shall, in so far as the amount of corporation tax paid by the corporation does not amount to the amount of corporation tax to be paid in accordance with the provision of Article 26 or Article 26-(2) or to the tax to be collected in accordance with the provision of Article 33, be deemed to be appropriated for the amount of corporation tax to be paid or the tax amount to be collected in accordance with these provisions;provided, however, that the application of the provision of Article 28 of the National Tax Collection Law shall not be precluded.
Article 43. In case the return under the provision of Article 18, the proviso to Article 19 paragraph 1 (including the case where it applies mutatis mutandis in paragraph 7 of the said Article) or Articles 20 to 22 inclusive, was filed, when the correction or determination under the provision of Articles 29 to 31 inclusive has been made or the revised return under the provision of Article 24 has been filed, the Government shall collect the negligence additional tax equivalent to the amount computed by applying 5% to the amount of deficiency tax under Article 33 paragraph 1 concerning the correction or determination concerned, to the amount of corporation tax to be collected according to the provision of paragraph 2 of the same Article or to the amount of corporation tax to be paid due to filing of the revised return concerned in accordance with the provision of Article 26-(2) paragraph 2 or paragraph 3, in case the Government finds no good reason for an error in the amount of corporation tax (in case a return to the effect that there is no corporation tax to be paid was filed, the return to that effect) which was stated in the return or the revised return filed before the correction or determination concerned or previously filed before the revised return has been filed.
In a case which falls under one of the following items, in case the Government finds on good reason, for the failure of filing of the return under the provision of Article 18 or Articles 20 to 22 inclusive in the case under item 1 and item 3 or for an error in the amount of corporation tax (in case a return has been filed to the effect that there is no corporation tax to pay, the return concerned) on the correction or the return before filing of the revised return or the revised return in the case under item 2 and item 4, the Government shall collect the amount of non-filing additional tax which is equivalent to the amount computed by multiplying the amount of corporation tax prescribed in the item concerned, according to the term prescribed in the item concerned, by 10% if the term is one month or less, by 15% if the term is over one month but not over two months, by 20% if the term is over two months but not over three wonths and by 25% if the term is over three months:
1. In case the return under the provision of Article 23 has been filed, between the next day of the due date of filing the return under the provision of Article 18 or Articles 20 to 22 inclusive and the day when the return concerned has been filed in respect to the amount of corporation tax to be paid according to the provision of Article 26-(2) paragraph 1 due to the filing of the return concerned;
2. In the case coming under the provision of the preceding paragraph, in case the correction or determination under the provision of Articles 29 to 31 inclusive has been made or in case the revised return under the provision of Article 24 paragraph 1 or paragraph 2 has been filed, the term under the provision of the preceding item for the amount of deficiency tax under Article 33 paragraph 1 stated in the correction or determination concerned or the amount of corporation tax to be paid according to the provision of Article 26-(2) paragraph 2 due to the filing of the revised return concerned;
3. In case the return under the provision of Article 18 or Articles 20 to 22 inclusive was not filed, when the determination under the provision of Article 30 has been made, the term between the next day of the due date of filing the return under the provision of Article 18 or Articles 20 to 22 inclusive and the day when the notice under the provision of Article 32 has been made in respect to the determination concerned for the amount of deficiency tax under Article 33 paragraph 1 in connection with the determination concerned;
4. In the case coming under the provision of the preceding item, when the correction under the provision of Article 29 paragraph 1 or Article 31 paragraph 1 has been made or when the revised return under the provision of Article 24 paragraph 2 has been filed, the term between the next day of the due date of filing the return under the provision of Article 18 or Articles 20 to 22 inclusive and the day when the notice under the provision of Article 32 has been made in respect to the correction concerned or when the revised return concerned has been filed for the amount of deficiency tax under Article 33 paragraph 1 in connection with the correction concerned or the amount of corporation tax to be paid according to the provision of Article 26-(2) paragraph 2 due to the filing of the revised return concerned.
In case a corporation has filed a return under the provision of Article 23 paragraph 1 or a revised return under the provision of Article 24 without the foresight that the Government would make a correction or determination under the provision of Articles 29 to 31 inclusive based upon the investigation of the corporation concerned, the Government shall not collect the amount of negligence additional tax on the corporation tax to be paid according to the provision of Article 26-(2) paragraph 2 or paragraph 3 due to the filing of the revised return concerned or shall not collect the amount of non-filing additional tax equivalent to the amount computed by applying 5% to the amount of corporation tax to be paid according to the provision of paragraph 1 or paragraph 2 of the same Article due to the filing of the return or revised return concerned.
The provisions of paragraph 3 and paragraph 4 of the preceding Article shall apply mutatis mutandis to the case where the amount of negligence additional tax or non-filing additional tax is collected according to the provision of paragraph 1 or paragraph 2.
Article 43-(2). In the case coming under the provision of paragraph 1 of the preceding Article, in case a corporation concealed or disguised the facts which were to be the basis for computation of the taxable basis or the amount of losses and has filed a return under the provision of Article 18, the proviso to Article 19 paragraph 1 (including the case where it applies mutatis mutandis in paragraph 7 of the same Article) or Articles 20 to 22 inclusive or a revised return under the provision of Article 24 on the basis of the facts thus concealed or disguised, the Government shall collect the amount of heavy additional tax, in lieu of the amount of negligence additional tax, equivalent to the amount computed by applying 50% to the amount of deficiency tax under Article 33 paragraph 1, or the amount of corporation tax to be collected according to the provision of paragraph 2 of the same Article or the amount of corporation tax to be collected according to the provision of Article 26-(2) paragraph 2 or paragraph 3 which is to be the basis for computation of the amount of negligence additional tax.
In the case coming under the provision of paragraph 2 of the preceding Article, in case there is any fact that comes under one of the following items, the Government shall collect, in addition to the amount of non-filing additional tax, the amount of heavy additional tax equivalent to the amount computed by applying 50% to the amount of corporation tax enumerated in each item of the same paragraph or to the amount of deficiency tax under Article 33 paragraph 1:
1. In the case coming under the provision of paragraph 2 item 1 or item 3 of the preceding Article, the fact that a corporation concealed or disguised the facts which were to be the basis for computation of the taxable basis and has not filed a return under the provision of A rticle 18 or Articles 20 to 22 inclusive on the basis of the concealment or disguise;
2. In the case coming under the provision of paragraph 2 item 2 of the preceding Article, the fact that a corporation concealed or disguised the facts which were to be the basis for computation of the taxable basis and has filed a return under the provision of Article 23 or a revised return under the provision of Article 24 paragraph 1 or paragraph 2 on the basis of the concealment or disguise;
3. In the case coming under the provision of paragraph 2 item 4 of the preceding Article, the fact that a corporation concealed or disguised the facts which were to be the basis for computation of the taxable basis and has not filed a return under the provision of Article 18 or Articles 20 to 22 inclusive or has filed a revised return under the provision of Article 24 paragraph 2, on the basis of the concealment or disguise.
In the case coming under the preceding two paragraphs, in case there is a reason as referred to in paragraph 3 of the preceding Article as to the filing of the return as prescribed in Article 23 paragraph 1 or the filing of the revised return as prescribed in Article 24, the Government shall not collect the amount of heavy additional tax in respect to the corporation tax which is to be paid in accordance with the provision of Article 26-(2) due to the filing of the return or the revised return concerned.
The provision of Article 42 paragraphs 3 and 4 shall apply mutatis mutandis to the case where the heavy additional tax is collected in accordance with the provision of paragraph 1 or paragraph 2.
In Article 44, "the preceding Article" shall be amended as "the preceding two Articles," and "the penalty tax" shall be amended as "the amount of negligence additional tax or non-filing additional tax or heavy additional tax."
In Articles 45 to 46-(2) inclusive, "the corporation which are liable or deemed liable to pay corporation tax" shall be amended as "corporations."
In Article 46-(2), "the Regional Financial Bureau" shall be amended as "the Tax Administration Bureau."
In Article 46-(3) paragraph 1, "a corporation liable to pay the tax" shall be amended as "a domestic corporation" ;in paragraph 2 of the said Article, "A corporation which has not its head office or main office within the enforcement area of the present Law but which has its assets or business within the same area" shall be amended as "A foreign corporation" ;and the following one paragraph shall be added to the same Article:
In case the Government has appointed the place of tax payment according to the provisions of the preceding two paragrapns, the Government shall inform it to the corporation concerned.
The following two Articles shall be added next to Article 46-(3):
Article 46-(4). A domestic corporation which has been newly established (excluding the corporations enumerated in Article 4 and the corporations not liable to pay a corporation tax by virtue of other laws and orders) shall inform to the Government the date of its establishment, its name, the purpose of its business, names of its representative, and the location of its head office or its principal place of business, within one month from the day of its establishment.
A corporation which has newly become a foreign corporation shall inform to the Government the date at which the corporation has become a foreign corporation, its name, the purpose of its business carried on within the enforcement area of this Law, names of the persons who are responsible for the administration or management of the assets or business within the enforcement area of this Law and the location of its head office or its principal place of business, within two months from the day when it has become a foreign corporation.
In case a corporation enumerated in each item of Article 5 paragraph 1 has newly opened the profit-making business under the said paragraph, the corporation shall inform to the Government the date at which it has opened the profit-making business and the kind of the profit-making business, whithin two months from the day when it has opened the profit-making business.
In case a corporation makes the information under the provision of the preceding three paragraphs, the corporation shall file the documents designated by order together with the information concerned.
Article 46-(5). In case the liquidation of a domestic corporation has been settled, the liquidator of the corporation concerned shall file a return with the Government stating therein to that effect and the date when the liquidation has been settled.
In case a foreign corporation has ceased to be a foreign corporation the persons who are responsible for the administration or management of the said corporation's assets or business within the enforcement area of this Law shall file a return with the Government stating therein to that effect and the date when the corporation has ceased to be a foreign corporation.
Chapter X shall be made Chapter IX.
Article 48 shall be amended as follows:
Article 48. In case a corporation has evaded the corporation tax for which the return shall be filed in accordance with the provision of Article 18 paragraph 1, Article 21 paragraph 1 or Article 22 paragraph 1 or has received the refund of the amount as provided in Article 26-(3) paragraph 4, by an act of fraud or other illegal practices, the representatives, deputies, employees or other members who have committed such violations shall be punished with penal servitude not exceeding three years or with a fine not exceeding 5,000,000 yen, or both.
In case the evaded corporation tax or refunded amount as referred to in the preceding paragraph exceeds 5,000,000 yen, the fine under the said paragraph may be not more than the amounts tantmount to the excess of the evaded corporation tax or the refunded amount over five million yen according to the circumstances.
In the case of paragraph 1, the Government shall collect the corporation tax equivalent to the evaded tax or the refunded amount (including such amount added in accordance with the provision of Article 26-(3) paragraph 6 as corresponds to the said amount) at once.
Article 48-(2). In case a corporation has failed to file a return as provided in Article 18 paragraph 1, Article 21 paragraph 1 or Article 22 paragraph 1 by the due date of filing the return as referred to in the said respective paragraph without any justifiable reason, the representatives, deputies, employees or other members who have committed such violations shall be punished with penal servitude for not exceeding one year or with a fine not exceeding 200,000 yen;provided, however, that the punishment may be remitted according to the circumstances.
Article 48-(3). A person who has violated the provisions of Article 25-(2) paragraphs 1 to 3 inclusive or who, in case a return has been filed in contravention of these provisions has committed such violations shall be punished with penal servitude not exceeding one year or with a fine not exceeding 100,000 yen;provided, however, that the punishment shall be remitted according to the circumstances.
Article 49 items 1 to 4 inclusive shall be made items 2 to 5 inclusive of the same Article;and the following one item shall be added to the same Article:
1. In case a corporation has filed a return making a false entry thereon as provided for in the proviso to Article 19 paragraph 1 (including the case where this applies mutatis mutandis in paragraph 7 of the same Article) or Article 20 paragraph 1 (including a return as provided for in Article 23 paragraph 1 in which the matters as provided for in Article 20 paragraph 1 has been entered), the representatives, deputies, employees or other members of the corporation who have committed such violations.
In Article 50, "20,000 yen" shall be amended as "30,000 yen."
In Article 51, ", Article 48-(2)" shall be added next to "Article 48."
Article 53 shall be amended as follows:
Article 53. The provisions of Article 48 paragraph 2, Article 63 and Article 66 shall not apply to any person who has committed the crime as provided for in Article 48 paragraph 1;provided, however, that this shall not apply to the case where a penal servitude is to be imposed or to the penal servitude in the case where both the penal servitude and the fine are to be imposed.
Article 7 and Article 8 of the Supplementary Provisions shall be deleted.