Chapter VII Special Provisions on the Method of Retaining Local Tax Books, etc. Prepared by Use of a Computer, etc. (Articles 748 to 754)
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Chapter VII Special Provisions on the Method of Retaining Local Tax Books, etc. Prepared by Use of a Computer, etc.第七章 電子計算機を使用して作成する地方税関係帳簿等の保存方法等の特例
Article 748第七百四十八条
Retention, etc. of Local Tax Books, etc. by Electronic or Magnetic Records(地方税関係帳簿等の電磁的記録による保存等)
Article 748, paragraph (1)
A person listed in each of the following items may, where the person prepares all or part of the local tax books specified in the relevant item (meaning books required to be kept and retained pursuant to the provisions of Article 74-17, Article 144-32, paragraph (3), Article 144-36 or Article 12-2-8, paragraph (5) of the Supplementary Provisions; the same applies hereinafter in this Chapter) using a computer consistently from the initial stage of recording, as provided by Order of the Ministry of Internal Affairs and Communications, substitute the keeping and retention of electronic or magnetic records relating to those local tax books (meaning records made in electronic form, magnetic form or any other form that cannot be perceived by human senses, which are used for information processing by a computer; the same applies hereinafter in this Chapter) for the keeping and retention of those local tax books:
a wholesale seller, etc. or tobacco retailer prescribed in Article 74-17: the books prescribed in that Article;
第七十四条の十七に規定する卸売販売業者等又は小売販売業者 同条に規定する帳簿
Article 748, paragraph (1), item (ii)
a person who has obtained the approval under Article 144-32, paragraph (1) prescribed in paragraph (3) of that Article: the books prescribed in paragraph (3) of that Article;
第百四十四条の三十二第三項に規定する同条第一項の承認を受けた者 同条第三項に規定する帳簿
Article 748, paragraph (1), item (iii)
a primary distributor, contracted dealer, petroleum product seller or light oil manufacturer, etc. prescribed in Article 144-36: the books prescribed in that Article;
an eligible business operator that has submitted the notification under Article 12-2-8, paragraph (3) of the Supplementary Provisions, as prescribed in paragraph (5) of that Article: the books prescribed in paragraph (5) of that Article.
A person set forth in the following items may, if the person consistently prepares all or part of the local tax documents (meaning the documents required to be preserved under Article 74-2, paragraph (3) or (4), Article 74-6, paragraph (2), Article 144-32, paragraph (6), Article 144-35, paragraph (7), Article 465, paragraph (3) or (4), or Article 469, paragraph (2); the same applies hereinafter in this Chapter) prescribed respectively in those items by using a computer, as provided by Order of the Ministry of Internal Affairs and Communications, substitute preservation of an electronic or magnetic record relating to those local tax documents for preservation of those local tax documents.
A wholesale seller, etc. prescribed in Article 74-2, paragraph (1): the documents prescribed in Article 74-6, paragraph (2);
第七十四条の二第一項に規定する卸売販売業者等 第七十四条の六第二項に規定する書類
Article 748, paragraph (2), item (ii)
A wholesale seller, etc. prescribed in Article 465, paragraph (1): the documents prescribed in Article 469, paragraph (2).
第四百六十五条第一項に規定する卸売販売業者等 第四百六十九条第二項に規定する書類
Article 748, paragraph (3)
In addition to what is prescribed in the preceding paragraph, with respect to all or part of the local tax documents set forth in the right-hand column of each item of the following table for the persons set forth in the left-hand column of that item, if they record the matters stated in those local tax documents in an electronic or magnetic record by a device specified by Order of the Ministry of Internal Affairs and Communications, those persons may, as provided by Order of the Ministry of Internal Affairs and Communications, substitute preservation of the electronic or magnetic record relating to those local tax documents for preservation of those local tax documents. In this case, if the preservation of the electronic or magnetic record relating to those local tax documents is not carried out in accordance with what is provided by that Order (excluding the case where those local tax documents are preserved), those persons must preserve that electronic or magnetic record in a manner that satisfies the requirements specified by Order of the Ministry of Internal Affairs and Communications, such as the period for which that electronic or magnetic record is to be preserved.
(i) A wholesale seller, etc. prescribed in Article 74-2, paragraph (1)
The documents prescribed in paragraph (3) of that Article
The documents prescribed in paragraph (4) of that Article
The documents prescribed in Article 74-6, paragraph (2)
(ii) A person who has obtained the approval relating to Article 144-32, paragraph (1), item (iii)
A copy of the motor vehicle hydrocarbon oil transfer certificate prescribed in paragraph (6) of that Article
(iii) The special collection agent under Article 144-35, paragraph (7)
The documents prescribed in that paragraph
(iv) A wholesale seller, etc. prescribed in Article 465, paragraph (1)
The documents prescribed in paragraph (3) of that Article
The documents prescribed in paragraph (4) of that Article
The documents prescribed in Article 469, paragraph (2)
Preservation of Local Tax Books, etc. by Computer Output Microfilm, etc.(地方税関係帳簿等の電子計算機出力マイクロフィルムによる保存等)
Article 749, paragraph (1)
A person set forth in the items of paragraph (1) of the preceding Article may, if the person prepares all or part of the local tax books prescribed respectively in those items by using a computer consistently from the initial stage of recording, as provided by Order of the Ministry of Internal Affairs and Communications, substitute keeping of the electronic or magnetic record relating to those local tax books and preservation of that electronic or magnetic record by computer output microfilm (meaning microfilm prepared by outputting an electronic or magnetic record by using a computer; the same applies hereinafter in this Chapter) for keeping and preservation of those local tax books.
A person set forth in the items of paragraph (2) of the preceding Article may, if the person consistently prepares all or part of the local tax documents prescribed respectively in those items by using a computer, as provided by Order of the Ministry of Internal Affairs and Communications, substitute preservation of the electronic or magnetic record relating to those local tax documents by computer output microfilm for preservation of those local tax documents.
A person set forth in the items of paragraph (1) of the preceding Article who, under that paragraph, substitutes keeping and preservation of the electronic or magnetic record relating to the local tax books prescribed respectively in those items for keeping and preservation of those local tax books, or a person set forth in the items of paragraph (2) of the preceding Article who, under that paragraph, substitutes preservation of the electronic or magnetic record relating to the local tax documents prescribed respectively in those items for preservation of those local tax documents, may, in a case specified by Order of the Ministry of Internal Affairs and Communications, with respect to all or part of those local tax books or those local tax documents, as provided by Order of the Ministry of Internal Affairs and Communications, substitute preservation of the electronic or magnetic record relating to those local tax books or those local tax documents by computer output microfilm for preservation of the electronic or magnetic record relating to those local tax books or those local tax documents.
Collection of Local Tax Documents by Electronic or Magnetic Record, etc.(地方税関係書類の電磁的記録による徴収等)
Article 750, paragraph (1)
A person set forth in the left-hand column of each item of the following table may substitute receipt of the provision of an electronic or magnetic record relating to the matters to be stated in the local tax documents set forth in the right-hand column of that item for collection of those local tax documents.
(i) A wholesale seller, etc. prescribed in Article 74-2, paragraph (1)
The documents prescribed in paragraph (3) of that Article
The documents prescribed in paragraph (4) of that Article
(ii) A wholesale seller, etc. prescribed in Article 465, paragraph (1)
The documents prescribed in paragraph (3) of that Article
The documents prescribed in paragraph (4) of that Article
A person who has taken delivery of light oil prescribed in Article 144-2, paragraph (1) or (2) may substitute the provision of an electronic or magnetic record relating to the matters to be stated in the documents prescribed in Article 144-35, paragraph (6) for the submission of those documents.
A person who has been provided with an electronic or magnetic record relating to the matters to be stated in the local tax documents prescribed in paragraph (1) under that paragraph, and a person who has been provided with an electronic or magnetic record relating to the matters to be stated in the documents prescribed in the preceding paragraph under that paragraph, must preserve the electronic or magnetic record provided to them as provided by Order of the Ministry of Internal Affairs and Communications.
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.