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Article 396-2第三百九十六条の二
Advance Notice, etc. of Examinations Concerning Fixed Assets Tax by Officials of the Ministry of Internal Affairs and Communications(総務省の職員の固定資産税に関する調査の事前通知等)
Article 396-2, paragraph (1)
When the Minister for Internal Affairs and Communications is to have an official designated by the Minister for Internal Affairs and Communications conduct, in an on-site examination of a person listed in paragraph (1), item (i) of the preceding Article (hereinafter in this Article through Article 396-4 referred to as a "person liable for tax"), the questioning, inspection or request for presentation or submission under the preceding Article (hereinafter in this Article and Article 396-4 referred to as "questioning, inspection, etc."), the Minister is to notify in advance that person liable for tax (including, where that person liable for tax has a tax representative (meaning a certified public tax accountant or certified public tax accountant corporation that has submitted the document under Article 30 of the Certified Public Tax Accountant Act (including as applied mutatis mutandis pursuant to Article 48-16 of that Act), an attorney who has given the notice under Article 51, paragraph (1) of that Act, or an attorney corporation or joint corporation of attorneys and registered foreign lawyers that has given the notice under paragraph (3) of that Article; the same applies hereinafter in this Subsection), that tax representative) of that fact and of the following matters.
the date and time of commencement of the on-site examination in which questioning, inspection, etc. are to be conducted (hereinafter in this paragraph and paragraph (3) simply referred to as the "examination");
質問検査等を行う実地の調査(以下この項及び第三項において単に「調査」という。)を開始する日時
Article 396-2, paragraph (1), item (ii)
the place where the examination is to be conducted;
調査を行う場所
Article 396-2, paragraph (1), item (iii)
the purpose of the examination;
調査の目的
Article 396-2, paragraph (1), item (iv)
that it is an examination concerning fixed assets tax;
固定資産税に関する調査である旨
Article 396-2, paragraph (1), item (v)
the period subject to the examination;
調査の対象となる期間
Article 396-2, paragraph (1), item (vi)
the books and documents or other articles subject to the examination;
調査の対象となる帳簿書類その他の物件
Article 396-2, paragraph (1), item (vii)
other matters specified by Cabinet Order as necessary for the proper and smooth conduct of the examination.
その他調査の適正かつ円滑な実施に必要なものとして政令で定める事項
Article 396-2, paragraph (2)
Where a person liable for tax who has received notice under the preceding paragraph requests, giving reasonable grounds, a change to the matters listed in item (i) or (ii) of that paragraph, the Minister for Internal Affairs and Communications is to endeavor to consult on those matters.
The provisions of paragraph (1) do not preclude an official designated by the Minister for Internal Affairs and Communications from conducting questioning, inspection, etc. concerning matters other than those listed in items (iii) through (vi) of that paragraph relating to the examination, where, through that examination, it has become necessary to do so for the advice under Article 388, paragraph (4), item (ii), an examination concerning the determination of the price, etc. of fixed assets under Article 389, paragraph (1), or the instruction under Article 422-2, paragraph (1). In this case, the provisions of paragraph (1) do not apply to questioning, inspection, etc. concerning those matters.
Where a person liable for tax has a tax representative, and the case falls under those specified by Ministerial Order as cases where the person liable for tax has consented, it suffices to give the notice under paragraph (1) to that person liable for tax by giving it to that tax representative.
Where a person liable for tax has several tax representatives, and the case falls under those specified by Ministerial Order as cases where the person liable for tax has designated a representative tax representative from among those tax representatives, it suffices to give the notice under paragraph (1) to those tax representatives by giving it to that representative tax representative.
Notwithstanding paragraph (1) of the preceding Article, where the Minister for Internal Affairs and Communications finds, in light of information held by the Minister, such as the content of the results of past examinations of the person liable for tax who is the subject of the examination or information on the content of the business the person conducts, that there is a risk of facilitating unlawful or improper acts or making it difficult to ascertain accurate facts, or any other risk of hindering the proper conduct of examinations concerning fixed assets tax, notice under that paragraph is not required.
Procedures Upon Conclusion of Examinations Concerning Fixed Assets Tax by Officials of the Ministry of Internal Affairs and Communications(総務省の職員の固定資産税に関する調査の終了の際の手続)
Article 396-4, paragraph (1)
Where the examination is an examination for the advice under Article 388, paragraph (4), item (ii), the Minister for Internal Affairs and Communications is to notify that person liable for tax in writing, upon conclusion of that examination, that the examination has concluded.
Where the examination is an examination concerning the determination of the price, etc. of fixed assets under Article 389, paragraph (1), and, as a result of an on-site examination, determination of the price, etc. or revision of a determined price, etc. (hereinafter in this paragraph and the following paragraph referred to as "setting, etc. of the price, etc.") is not found to be warranted, the Minister for Internal Affairs and Communications is to notify in writing a person liable for tax who became the subject of questioning, inspection, etc. in that on-site examination that, at that point in time, setting, etc. of the price, etc. is not found to be warranted.
In the case prescribed in the preceding paragraph, where, as a result of the examination, setting, etc. of the price, etc. is found to be warranted, the Minister for Internal Affairs and Communications is to explain to that person liable for tax that, at that point in time, setting, etc. of the price, etc. is found to be warranted, and the reasons.
Where the examination is an examination for the instruction under Article 422-2, paragraph (1), and, as a result of an on-site examination, the determination of the price of fixed assets in the municipality is found to be carried out in accordance with the fixed asset valuation standards, the Minister for Internal Affairs and Communications is to notify in writing a person liable for tax who became the subject of questioning, inspection, etc. in that on-site examination that, at that point in time, the determination of the price of fixed assets in the municipality is found to be carried out in accordance with the fixed asset valuation standards.
In the case prescribed in the preceding paragraph, where, as a result of the examination, the determination of the price of fixed assets in the municipality is found not to be carried out in accordance with the fixed asset valuation standards, the Minister for Internal Affairs and Communications is to explain to that person liable for tax that, at that point in time, the determination of the price of fixed assets in the municipality is found not to be carried out in accordance with the fixed asset valuation standards, and the reasons.
Where a person liable for tax with respect to whom questioning, inspection, etc. were conducted in an on-site examination has a tax representative, and the person liable for tax has consented, the notice or explanation under the preceding paragraphs may be given to that tax representative in lieu of the notice or explanation under those paragraphs to the person liable for tax.
In addition to what is provided for in Article 396 through the preceding Article, matters necessary for the conduct of examinations concerning fixed assets tax by officials of the Ministry of Internal Affairs and Communications are specified by Cabinet Order.
Offenses Relating to Refusal of Inspection, etc. by Prefectural Officials and Officials of the Ministry of Internal Affairs and Communications Concerning Fixed Assets Tax(固定資産税に係る道府県の職員及び総務省の職員が行う検査拒否等に関する罪)
Article 397, paragraph (1)
In a case that falls under any of the following items, the person who committed the violation is to be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen:
when the person refuses, obstructs or evades inspection of books and documents or other articles under Article 396;
第三百九十六条の規定による帳簿書類その他の物件の検査を拒み、妨げ、又は忌避したとき。
Article 397, paragraph (1), item (ii)
when the person fails, without justifiable grounds, to comply with a request for presentation or submission of articles under Article 396, paragraph (1), or presents or submits books and documents or other articles (including copies thereof) containing false entries or records;
when the person fails to give an answer to a question by a designated prefectural official or an official designated by the Minister for Internal Affairs and Communications under Article 396, or gives a false answer.
Where a representative of a corporation, or an agent, employee or other worker of a corporation or person, has committed a violation set forth in the preceding paragraph in connection with the business or property of that corporation or person, in addition to punishing the offender, the fine prescribed in that paragraph is to be imposed on that corporation or person.
Notice of Rulings on Requests for Review Concerning the Determination or Distribution of the Price, etc. of Fixed Assets by the Prefectural Governor or the Minister for Internal Affairs and Communications(道府県知事又は総務大臣がする固定資産の価格等の決定又は配分に関する審査請求に対する裁決の通知)
Article 399, paragraph (1)
Where the prefectural governor or the Minister for Internal Affairs and Communications has made a ruling on a request for review concerning the determination or distribution of the price, etc. under Article 389, paragraph (1), the governor or the Minister must notify the mayor of the relevant municipality to that effect within 10 days from the date of the ruling.
Registration of Determined Price, etc.(決定された価格等の登録)
Article 400, paragraph (1)
Where the mayor of a municipality has received notice under the preceding Article, the mayor must, within 10 days from the date of receiving the notice, register in the fixed assets tax ledger the price, etc. under the determination made by the prefectural governor or the Minister for Internal Affairs and Communications.
Where the mayor of a municipality has registered the price, etc. of fixed assets under the preceding paragraph, the mayor must, even after the assessment of fixed assets tax, reassess the assessed amount already determined on the basis of the registered price, etc.
Registration of the Price, etc. of Large-Scale Depreciable Assets(大規模の償却資産の価格等の登録)
Article 400-2, paragraph (1)
Where the mayor of a municipality has received notice under Article 743 or Article 744, the mayor must, without delay, register in the fixed assets tax ledger the price, etc. of the depreciable assets covered by the notice and the amount to serve as the tax base for fixed assets tax imposed by the municipality, or amend those matters already registered and register them.
Where the mayor of a municipality has amended and registered the amount to serve as the tax base for fixed assets tax imposed by the municipality under the preceding paragraph, the mayor must, even after the assessment of fixed assets tax, reassess the assessed amount already determined on the basis of the registered amount.
Duties of the Prefectural Governor Relating to the Valuation of Fixed Assets(固定資産の評価に係る道府県知事の任務)
Article 401, paragraph (1)
The prefectural governor must provide the mayors of municipalities with the following assistance regarding the valuation of fixed assets:
道府県知事は、市町村長に対し、固定資産の評価に関して、次に掲げる援助を与えなければならない。
Article 401, paragraph (1), item (i)
giving advice on the fixed asset valuation standards under Article 388, paragraph (1);
第三百八十八条第一項の固定資産評価基準について助言をすること。
Article 401, paragraph (1), item (ii)
conducting training of fixed asset valuers;
固定資産評価員の研修を行うこと。
Article 401, paragraph (1), item (iii)
giving advice on how to use the materials prepared by the Minister for Internal Affairs and Communications;
総務大臣が作成した資料の使用方法について助言をすること。
Article 401, paragraph (1), item (iv)
giving advice, where the mayor of a municipality seeks advice on the valuation of fixed assets that it is extremely difficult for the municipality's fixed asset valuers to value;
A prefectural fixed asset valuation council is to be established in each prefecture.
道府県に、道府県固定資産評価審議会を設置する。
Article 401-2, paragraph (2)
The prefectural fixed asset valuation council is to investigate and deliberate on the matters listed in the items of the following paragraph and other matters concerning the valuation of fixed assets on which the prefectural governor seeks its opinion.
matters concerning the details of the fixed asset valuation standards under Article 388, paragraph (1) that the prefectural governor determines;
道府県知事が定める第三百八十八条第一項の固定資産評価基準の細目に関すること。
Article 401-2, paragraph (3), item (ii)
the recommendation under Article 419, paragraph (1).
第四百十九条第一項の勧告
Article 401-2, paragraph (4)
The members of the prefectural fixed asset valuation council are appointed by the prefectural governor from among officials of the relevant local administrative organs of the national government, officials of the prefecture, officials of municipalities within the area of the prefecture, and persons with knowledge and experience in the valuation of fixed assets.
In addition to what is provided for in the preceding paragraph, matters necessary for the organization and operation of the prefectural fixed asset valuation council are provided for by the Prefectural Ordinance of that prefecture.
Interpretation of Provisions on the Authority of the Minister for Internal Affairs and Communications or the Prefectural Governor Concerning the Valuation of Fixed Assets(固定資産の評価に関する総務大臣又は道府県知事の権限に関する規定の解釈)
Article 402, paragraph (1)
The provisions of Article 388 or Article 401 must not be construed as granting the Minister for Internal Affairs and Communications or the prefectural governor the authority to direct municipal tax collection officials or fixed asset valuers.
Duties of Municipal Officials Engaged in Affairs Relating to the Valuation of Fixed Assets(固定資産の評価に関する事務に従事する市町村の職員の任務)
Article 403, paragraph (1)
The mayor of a municipality must determine the price of fixed assets in accordance with the fixed asset valuation standards under Article 388, paragraph (1), except where the prefectural governor or the Minister for Internal Affairs and Communications values fixed assets under Article 389 or Article 743.
Municipal officials engaged in affairs relating to the valuation of fixed assets must endeavor to make a fair valuation on the advice of the Minister for Internal Affairs and Communications and the prefectural governor and by every means, such as on-site examinations conducted together with taxpayers, questioning of taxpayers, and examination of taxpayers' returns.