Order for Enforcement of the Income Tax Act

Where an individual who has submitted a statement of tax-exempt savings wishes, after the submission, to cease to receive the application of the provisions of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act with regard to the deposits and similar savings stated in that statement that were placed at the business office of the financial institution or other such place via which the statement was submitted, the individual must submit a notice stating that fact and other matters specified by Ministry of Finance Order (hereinafter referred to as a "notice of discontinuance of tax-exempt savings" in this Section), via the business office of the financial institution or other such place that accepts or undertakes those deposits and similar savings, to the competent district director for the individual's place of domicile.

Where a notice of discontinuance of tax-exempt savings has been submitted to the district director referred to in the preceding paragraph, it is deemed to have been submitted on the day on which the business office of the financial institution or other such place referred to in that paragraph accepted it.

Where a notice of discontinuance of tax-exempt savings has been submitted, the provisions of Article 10, paragraph (1) of the Act do not apply to the interest, distributions of proceeds, or dividends of surplus on the deposits and similar savings prescribed in paragraph (1) for which payment becomes fixed after the date of the submission.

Where an individual who has submitted a statement of tax-exempt savings has come to hold none of the deposits and similar savings stated in that statement that were placed at the business office of the financial institution or other such place via which the statement was submitted (limited to those to which the provisions of Article 10, paragraph (1) of the Act apply; the same applies hereinafter in this paragraph), if the individual has not placed those deposits and similar savings at that business office of the financial institution or other such place by December 31 of the year that includes the day on which two years have elapsed from the day on which the individual came to hold none (excluding cases where a notice of discontinuance of tax-exempt savings has been submitted for those deposits and similar savings), a notice of discontinuance of tax-exempt savings is deemed to have been submitted for those deposits and similar savings on January 1 of the following year.

The head of the business office of the financial institution or other such place referred to in the preceding paragraph must, for each individual deemed under the provisions of that paragraph to have submitted a notice of discontinuance of tax-exempt savings, submit a document stating the individual's name, date of birth, domicile, and individual number and other matters specified by Ministry of Finance Order to the competent district director for the location of that business office of the financial institution or other such place by the 10th of the month following the month that includes the day on which that notice is deemed to have been submitted.

When an individual who has submitted a statement of tax-exempt savings dies, the individual's heir must, with regard to the interest, distributions of proceeds, or dividends of surplus on the deposits and similar savings pertaining to that statement to which the provisions of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act apply, submit a written notice stating that fact and other matters specified by Ministry of Finance Order to the business office of the financial institution or other such place that accepts or undertakes those deposits and similar savings, by the first payment date on or after the day on which the heir learned of the commencement of the succession; provided, however, that this does not apply where the heir has submitted the application for continuing tax-exempt savings on inheritance prescribed in paragraph (1) of the following Article to the business office of the financial institution or other such place that accepts or undertakes the deposits and similar savings pertaining to the decedent that the heir acquired by inheritance and to which the provisions of Article 10, paragraph (1) of the Act apply.

The head of the business office of the financial institution or other such place referred to in the preceding paragraph must, where the head has accepted the written notice referred to in that paragraph (hereinafter referred to as a "notice of death of a tax-exempt saver" in this Section) or has learned in connection with the business that an individual who has submitted a statement of tax-exempt savings has died, for each decedent of the person who submitted that written notice or each individual who died, submit a document stating the name, date of birth, and domicile of that person and other matters specified by Ministry of Finance Order, to the competent district director for the location of that business office of the financial institution or other such place, by the 10th of the month following the month that includes the day on which the head accepted that written notice or learned of the death.

Where, among the heirs prescribed in paragraph (1) of the preceding Article, there is a person who is a Person with a Disability or other eligible person who can submit an application to exempt savings from taxation, for deposits and similar savings of the same type as the deposits and similar savings prescribed in paragraph (1) of the preceding Article, to the business office of the financial institution or other such place that accepts or undertakes the deposits and similar savings prescribed in paragraph (1) of the preceding Article, if that person submits to that business office of the financial institution or other such place, by the payment date prescribed in paragraph (1) of the preceding Article, a document stating that the person wishes to continue to receive the application of the provisions of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act with respect to the deposits and similar savings pertaining to the decedent that the person acquired by inheritance and to which those provisions apply, the amount of the deposits and similar savings for which the person wishes to receive that application (where those deposits and similar savings are Securities, their face value or equivalent amount), that the person is a Person with a Disability or other eligible person, and other matters specified by Ministry of Finance Order (hereinafter referred to as an "application for continuing tax-exempt savings on inheritance" in this Section), then, in the application of Article 10, paragraph (1) of the Act and the provisions of this Section, the person is deemed to have submitted an application to exempt savings from taxation and placed deposits and similar savings in an amount equivalent to that amount on the day on which the person submitted that application for continuing tax-exempt savings on inheritance at that business office of the financial institution or other such place.

A person who submits an application for continuing tax-exempt savings on inheritance must, at the time of submission, present to the head of the business office of the financial institution or other such place referred to in the preceding paragraph the documents prescribed in Article 10, paragraph (2) of the Act pertaining to that person.

The provisions of Article 34, paragraph (3) (Required Particulars and Submission of Application to Exempt Savings from Taxation) and Article 41-2, paragraph (5) (Scope, etc. of Documents Certifying Status as a Person with a Disability or Other Eligible Person) apply mutatis mutandis to the acceptance of an application for continuing tax-exempt savings on inheritance.

The head of the business office of a financial institution or other such place must, where the head has accepted a statement of tax-exempt savings, a declaration of change to the tax-exempt savings limit, a notice of change concerning tax-exempt savings, or a notice of discontinuance of tax-exempt savings, forward those documents to the competent district director for the location of that business office of the financial institution or other such place by the 10th of the month following the month that includes the day on which the head accepted them.

An individual prescribed in Article 35, paragraph (4) (Special Provisions on Application to Exempt Savings from Taxation for Ordinary Deposit Contracts, etc.), Article 43, paragraphs (1) through (3) (Notice of Change Concerning Tax-Exempt Savings), or Article 45, paragraph (1) (Notice of Discontinuance of Tax-Exempt Savings), or an heir prescribed in Article 46, paragraph (1) (Notice of Death of a Tax-Exempt Saver, etc.) or Article 47, paragraph (1) (Application for Continuing Tax-Exempt Savings on Inheritance), may, in lieu of submitting the written notice, notice, or application form under those provisions, provide the matters to be stated in those written notices, notices, or application forms to the business office of the financial institution or other such place prescribed in those provisions by electronic or magnetic means. In this case, that individual or heir is deemed to have submitted those written notices, notices, or application forms to that business office of the financial institution or other such place.

In the application of Article 43, paragraph (6) and Article 45, paragraph (2) where the provisions of the preceding paragraph apply, the phrase "Section) has" in Article 43, paragraph (6) is deemed to be replaced with "Section), the matters to be stated in which have" and the phrase "accepted it" with "received the provision of it", and the phrase "savings has been submitted to the district director referred to in the preceding paragraph" in Article 45, paragraph (2) is deemed to be replaced with "savings, the matters to be stated in which have been submitted to the district director referred to in the preceding paragraph" and the phrase "accepted it" with "received the provision of it".

The head of the business office or similar place before the transfer prescribed in Article 43, paragraph (2) who has accepted a notice under that paragraph, or the head of the specified business office or similar place prescribed in paragraph (3) of that Article who has accepted a notice under that paragraph, may, in lieu of submitting a notice under those provisions, provide the matters to be stated in those notices to the business office or similar place receiving the transfer prescribed in those provisions by electronic or magnetic means. In this case, the head of that business office or similar place before the transfer or specified business office or similar place is deemed to have submitted those notices to that business office or similar place receiving the transfer.

The head of the business office of a financial institution or other such place must, where the head has received submission of an application to exempt savings from taxation or an application for continuing tax-exempt savings on inheritance, enter on the passbook, certificate, security, or other document pertaining to the deposits and similar savings for which placement was made by submitting those application forms (excluding those pertaining to deposits and similar savings for which an entry or record is made in the transfer account book of a financial institution, custody is accepted, or custody is brokered under Article 37, paragraph (1) or (2) (Records of Securities, etc.)) a statement to the effect that those deposits and similar savings are subject to the application of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act, and must retain those application forms as provided by Ministry of Finance Order.

The head of the business office of a financial institution or other such place must, where the head has received a notice of discontinuance of tax-exempt savings or a notice of death of a tax-exempt saver pertaining to the deposits and similar savings set forth in the preceding paragraph, or where the documents prescribed in Article 45, paragraph (5) (Notice of Discontinuance of Tax-Exempt Savings) or Article 46, paragraph (2) (Notice of Death of a Tax-Exempt Saver, etc.) have been submitted, erase without delay the entry made under the preceding paragraph on those deposits and similar savings.

The head of the business office of a financial institution or other such place must keep books concerning the deposits and similar savings for which placement was made by submitting an application to exempt savings from taxation, in which the head makes clear, for each person, the principal or face value or equivalent amount of those deposits and similar savings and matters concerning the calculation of their interest, distributions of proceeds, or dividends of surplus, and must retain those books as provided by Ministry of Finance Order.

The head of the business office of a financial institution or other such place must, where the head has received a statement of tax-exempt savings, a declaration of change to the tax-exempt savings limit, or a notice of change concerning tax-exempt savings, or where the head submits the documents prescribed in Article 45, paragraph (5) or Article 46, paragraph (2), prepare, as provided by Ministry of Finance Order, a copy of those return forms or documents (including an electronic or magnetic record recording the matters to be stated in those return forms or documents), and retain that copy, or an electronic or magnetic record in which the matters to be stated in those return forms, provided by electronic or magnetic means, are recorded, or a document prepared by outputting the content of the information recorded in that electronic or magnetic record.

The head of the business office of a financial institution or other such place must, where the head has prepared the books prescribed in Article 41-2, paragraph (5) (Scope, etc. of Documents Certifying Status as a Person with a Disability or Other Eligible Person), or has received the written notice prescribed in Article 35, paragraph (4) (Special Provisions on Application to Exempt Savings from Taxation for Ordinary Deposit Contracts, etc.), the written application prescribed in Article 41-2, paragraph (5) (including copies of the paper confirming a disability or similar position and the identity verification document prescribed in that paragraph, and the electronic certificate for signature or similar record prescribed in paragraph (4) of that Article), or a notice of death of a tax-exempt saver, retain those books, written notice, or written application as provided by Ministry of Finance Order.

The business office of a financial institution or other such place prescribed in Article 37, paragraph (4) and the person handling payments must retain, as provided by Ministry of Finance Order, books concerning the transfer of beneficial interests in Loan Trusts or specific forms of Bond-Based Investment Trusts Under Public Offering, or of Securities, prescribed in that paragraph, or books concerning the custody of Securities, and the person handling payments prescribed in Article 38, paragraph (1) (Notice by the Head of the business office of a Financial Institution or Other Such Place to the Person Handling Payments) must retain, as provided by Ministry of Finance Order, documents stating the content of the notice prescribed in that paragraph (including electronic or magnetic records recording the matters to be stated in those documents).

The application forms set forth in paragraph (1) and the written notices and written applications set forth in paragraph (5) are to include electronic or magnetic records recording the matters to be stated in those application forms, written notices, or written applications that are provided by electronic or magnetic means.

The forms of the statement of tax-exempt savings, the application to exempt savings from taxation, the declaration of change to the tax-exempt savings limit, the notice of change concerning tax-exempt savings, the notice of discontinuance of tax-exempt savings, and the application for continuing tax-exempt savings on inheritance are specified by Ministry of Finance Order.