| contents | |||||||||||
| 7. Adjustments, Collection, and Refund | |||||||||||
| a. Adjustments | |||||||||||
| (1) Adjustments | |||||||||||
| Only in the following cases shall the competent tax authority reassess, through an | |||||||||||
| investigation, the value-added tax base and tax amount payable or tax amount | |||||||||||
| refundable for the taxable period: | |||||||||||
| (a) when the final tax return is not filed; | |||||||||||
| (b) when details of the final tax return are erroneous or have any omissions; | |||||||||||
| (c) when filing the final tax return, a schedule of summary of the tax invoices has not | |||||||||||
| been submitted in whole or in part; | |||||||||||
| (d) in cases other than under (a) to (c), where value-added tax is likely to be evaded | |||||||||||
| for the following reasons: | |||||||||||
| i) when the place of business is changed frequently; | |||||||||||
| ii) when the place of business is located in an area where places of business | |||||||||||
| are deemed to change frequently; | |||||||||||
| iii) when the business is in a state of suspension from operations or liquidation. | |||||||||||
| (2) Adjustment by estimation | |||||||||||
| In the case of a reassessment of tax amount payable or tax amount refundable for | |||||||||||
| each taxable period pursuant to the provision of (1), the competent tax authority shall | |||||||||||
| reassess them on the basis of tax invoices, accounting books, and any other | |||||||||||
| evidence; however, in the following cases, the reassessment may be made by | |||||||||||
| estimation: | |||||||||||
| (a) when the tax invoices, accounting books, and any other evidence necessary for | |||||||||||
| the calculation of the tax base are either missing or incomplete in major portions; | |||||||||||
| (b) when details of the tax invoices, accounting books, and any other evidence are | |||||||||||
| evidently false in view of the capacity of the facilities, number of employees, and the | |||||||||||
| market prices of raw materials, commodities, products, or various charges; | |||||||||||
| (c) when details of the tax invoices, accounting books, and any other evidence are | |||||||||||
| evidently false in view of the quantities of raw materials used, electric power used, | |||||||||||
| and other operating status. | |||||||||||
| b. Inquiry and Investigation | |||||||||||
| (1) Where it is necessary to make an investigation, the tax officials concerned may | |||||||||||
| make an inquiry into the related matters or investigate business records and articles | |||||||||||
| related thereto. | |||||||||||
| (2) Where it is necessary to preserve the right for value-added tax or to investigate the | |||||||||||
| matters related thereto, the competent tax authority may order taxpayers to present | |||||||||||
| business records and articles related thereto, and may request any other necessary | |||||||||||
| materials. | |||||||||||
| c. Penalty Tax | |||||||||||
| (1) Penalty taxes on failure of registration | |||||||||||
| In cases where one fails to register his or her business within 20 days from the | |||||||||||
| beginning date of business, a penalty tax in the amount equivalent to 1% of the value | |||||||||||
| of supply shall be either added to the tax amount payable or deducted from the tax | |||||||||||
| amount refundable from the starting date of the business to the preliminary tax return | |||||||||||
| period on which the date of application for registration falls (in case the preliminary | |||||||||||
| tax return period has elapsed, the respective taxable period). | |||||||||||
| (2) Penalty taxes on failure to issue or present a schedule of summary of tax invoices | |||||||||||
| Where a trader falls under one of the following categories, an amount equivalent to | |||||||||||
| 1% of the value of supply is added to the tax amount payable or deducted from the tax | |||||||||||
| amount refundable (in the case of delayed presentation of a schedule of summary of | |||||||||||
| tax invoices by sales place; an amount equivalent to 5/1000; | |||||||||||
| (a) where a trader has not issued tax invoices, necessary items to be recorded are | |||||||||||
| not recorded or are proved to be different from the transaction information in full or in | |||||||||||
| part; or | |||||||||||
| (b) where a trader whose tax base and tax amount payable or refundable are | |||||||||||
| corrected by the competent tax office and where a trader submits to the competent | |||||||||||
| tax office a schedule of summary of tax invoices (including the receipts issued by | |||||||||||
| cash register or sales slips of credit card) which a trader received and the input tax | |||||||||||
| amount is deducted from the output tax amount. | |||||||||||
| (3) Penalty taxes on default on return and payment | |||||||||||
| (a) In the case where a trader fails to file a return, or where the tax return filed shows | |||||||||||
| a tax amount less than that duly payable by him, or where the tax return filed shows | |||||||||||
| higher tax amount refundable than is duly refundable, 10% of unpaid or underpaid | |||||||||||
| amount or the amount of excess refund | |||||||||||
| (b) Where a trader has not paid the tax amount payable or where the paid tax amount | |||||||||||
| is less than that duly payable; unpaid tax amount; the amount of excess refund | |||||||||||
| * number of days of the delayed period X 3/10,000 | |||||||||||
| (4) Where a person has failed to file a tax return on a zero-rating tax base or has | |||||||||||
| under-declared the zero-rate tax base if the tax return was filed, an amount equivalent to | |||||||||||
| 1% of the tax base not declared or under-declared is charged as a penalty. | |||||||||||
| (5) Where any person who has received the supply of services in the case of payment | |||||||||||
| by proxy has not paid the value-added tax to the competent tax office in accordance with | |||||||||||
| the payment by proxy, the tax office shall collect the unpaid tax amount plus 10% of said | |||||||||||
| tax amount, according to the examples of the collection of national taxes. | |||||||||||
| d. Collection | |||||||||||
| (1) Where a trader has actually paid the tax amount which is less than the returned tax | |||||||||||
| amount, the competent tax office should, in such a manner as is used for the collection | |||||||||||
| of national tax, collect the unpaid tax amount, or in the case of adjustment or correction, | |||||||||||
| the additional tax amount payable. | |||||||||||
| (2) Where a trader has failed to file a preliminary return, or has filed an incorrect or | |||||||||||
| incomplete return, the competent tax office may investigate and determine the tax base | |||||||||||
| and tax amount and collect the tax amount due. | |||||||||||
| (3) Collectors at customs houses collect value-added tax in such a manner as is | |||||||||||
| used for the collection of customs duties. | |||||||||||
| e. Refund | |||||||||||
| (1) Ordinary refund | |||||||||||
| The competent tax office refunds to a trader the tax amount refundable for each | |||||||||||
| taxable period concerned based on each taxable period. | |||||||||||
| (2) Early refund | |||||||||||
| Where a trader falls under any of the following categories, the competent tax office | |||||||||||
| may refund the tax amount refundable to the trader within 15 days from the ending | |||||||||||
| date of the preliminary return: | |||||||||||
| (a) in the case of zero-rate; | |||||||||||
| (b) in the case where a trader newly establishes, acquires, expands, or extends the | |||||||||||
| business facilities. | |||||||||||