Local Tax Act

In the case where a return is filed by the deadline for filing (including the case where a return is filed after the deadline for filing and the proviso to paragraph (2) or paragraph (8) applies; the same applies hereinafter in this paragraph), when a reassessment under Article 606, paragraph (1) or (3) has been made or an amended return has been filed, the mayor of the municipality must, except where the mayor finds that there are justifiable grounds for the error in the tax amount relating to the return or amended return before that reassessment or amended return, collect an amount of additional charge for understatement equivalent to the amount calculated by multiplying the tax deficiency due to that reassessment or the tax amount increased by that amended return (hereinafter in this paragraph referred to as "covered tax shortfall, etc.") by a rate of 10 percent (where the covered tax shortfall, etc. (where, before that reassessment or amended return, a reassessment or the filing of an amended return was made regarding the special land holding tax relating to that reassessment or amended return, the amount obtained by adding to it the total of the tax deficiency due to that earlier reassessment or the tax amount increased by that earlier amended return (where it has been found that there were justifiable grounds for the error in the tax amount relating to the return or amended return before that earlier reassessment or amended return, the amount obtained by deducting the tax deficiency due to that earlier reassessment or the tax amount increased by that earlier amended return, and where, regarding that special land holding tax, there has been a reassessment reducing the tax amount payable, or a change to the original disposition by a ruling or judgment on a request for review or an action relating to a reassessment, the amount obtained by deducting the amount equivalent to the tax amount of the portion reduced thereby)) exceeds the greater of the amount equivalent to the tax amount relating to the return in the case where the return was filed by the deadline for filing and 500,000 yen, the amount obtained by adding the amount calculated by multiplying the amount equivalent to the excess portion (where the covered tax shortfall, etc. is less than the amount equivalent to the excess portion, the covered tax shortfall, etc.) by a rate of 5 percent); provided, however, that this does not apply where an amended return has been filed and the filing was not made with foreknowledge that a reassessment under Article 606, paragraph (1) or (3) would be made regarding the amount of special land holding tax relating to that amended return.

In any of the following cases, the mayor of the municipality must collect an amount of additional charge for failure to file equivalent to the amount calculated by multiplying the tax amount to be paid by the return, determination or reassessment prescribed in the relevant item by a rate of 15 percent; provided, however, that this does not apply where it is found that there were justifiable grounds for the failure to submit the return by the deadline for filing the return.

Where a return is filed after the deadline for filing, or a determination under Article 606, paragraph (2) has been made

Where, after a return has been filed after the deadline for filing, an amended return is filed or a reassessment under Article 606, paragraph (1) or (3) is made

Where, after a determination under Article 606, paragraph (2) has been made, an amended return is filed or a reassessment under Article 606, paragraph (3) is made

In the case falling under paragraph (2) (excluding the case where the proviso to paragraph (2) or paragraph (8) applies; the same applies in the following paragraph and paragraph (5)), where the tax amount payable prescribed in paragraph (2) (in the case falling under item (ii) or (iii) of paragraph (2), the amount obtained by adding the total of the tax amounts payable under a return filed after the deadline for filing the return relating to that special land holding tax, or under a reassessment or determination under Article 606, paragraphs (1) to (3), made before the amended return or reassessment prescribed in those provisions (where there has been a reassessment reducing the tax amount payable, or a change to the original disposition by a ruling or judgment on a request for review or an action relating to a reassessment, the amount obtained by deducting the amount equivalent to the tax amount of the portion reduced thereby; referred to as the "cumulative paid tax amount" in the following paragraph); referred to as the "cumulative paid tax amount after addition" in the following paragraph) exceeds 500,000 yen, the amount of additional charge for failure to file prescribed in paragraph (2) is, notwithstanding paragraph (2), to be the amount obtained by adding, to the amount calculated under paragraph (2), the amount calculated by multiplying the amount equivalent to the excess portion (where the tax amount payable prescribed in paragraph (2) is less than the amount equivalent to the excess portion, that tax amount payable) by a rate of 5 percent.

In the case falling under paragraph (2), where the cumulative paid tax amount after addition (where, among the facts that formed the basis for calculating that cumulative paid tax amount after addition, there is any that is found not to have been included in the basis for calculating the tax amount (including the tax amount equivalent to the amount of refunds) before the return, determination or reassessment prescribed in each item of paragraph (2) for reasons not attributable to the taxpayer, the tax amount after deducting the amount calculated, as provided by Cabinet Order, as the tax amount based on that fact) exceeds 3,000,000 yen, the amount of additional charge for failure to file prescribed in paragraph (2) is, notwithstanding the preceding two paragraphs, to be the amount obtained by deducting, from the total of the amounts calculated by dividing the cumulative paid tax amount after addition into the amounts listed in the following items and multiplying each amount by the rate specified in the relevant item, the total of the amounts calculated by dividing the cumulative paid tax amount into the amounts listed in those items and multiplying each amount by the rate specified in the relevant item.

The amount equivalent to the portion not exceeding 500,000 yen: a rate of 15 percent

The amount equivalent to the portion exceeding 500,000 yen and not exceeding 3,000,000 yen: a rate of 20 percent

The amount equivalent to the portion exceeding 3,000,000 yen: a rate of 30 percent

In the case falling under paragraph (2), if any of the following items applies, the amount of the additional charge for failure to file prescribed in that paragraph is, notwithstanding the preceding three paragraphs, the amount obtained by adding, to the amount calculated under those provisions, the amount calculated by multiplying the tax amount to be paid as prescribed in paragraph (2) by a rate of 10 percent:

In the case where, during the period up to the day five years before the day preceding the day on which the return was filed after the deadline for filing or the amended return was filed (limited to a return or amended return filed with foreknowledge that a reassessment or determination under Article 606, paragraphs (1) to (3) would be made regarding the special land holding tax relating to that return or amended return; the same applies in the following item), or a reassessment or determination under Article 606, paragraphs (1) to (3) was made, an additional charge for failure to file (excluding one to which the following paragraph applies; the same applies in that item) or a substantial additional charge (referred to as "additional charge for failure to file, etc." in Article 610, paragraph (3), item (i)) has been collected with respect to special land holding tax

In the case where an additional charge for failure to file or a substantial additional charge (limited to one to which Article 610, paragraph (2) applies) (hereinafter referred to as "specified additional charge for failure to file, etc." in this item and Article 610, paragraph (3), item (ii)) has been collected with respect to special land holding tax for which tax liability arose in the year preceding, and the year before the year preceding, the year containing the day on which the tax liability arose for the special land holding tax relating to the return filed after the deadline for filing, the amended return filed, or a reassessment or determination under Article 606, paragraphs (1) to (3), or it is found that a determination should be made regarding a specified additional charge for failure to file, etc.

In the case where a return is filed after the deadline for filing or an amended return is filed, if the filing was not made with foreknowledge that a reassessment or determination under Article 606, paragraphs (1) to (3) would be made regarding the special land holding tax relating to that return or amended return, the amount of additional charge for failure to file prescribed in paragraph (2) on the tax amount relating to that return or amended return is, notwithstanding paragraphs (2) to (4), to be an amount equivalent to the amount calculated by multiplying that tax amount by a rate of 5 percent.

The mayor of the municipality must, without delay, notify the taxpayer when the mayor has determined the amount of additional charge for understatement to be collected under paragraph (1) or the amount of additional charge for failure to file to be collected under paragraph (2).

The provisions of paragraph (2) do not apply where the return falling under paragraph (6) was filed in a case specified by Cabinet Order as one in which it is found that there was an intention to file by the deadline for filing, and was filed by the day on which one month elapses from the deadline for filing.