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Section 9 Mining Area Tax第九節 鉱区税
Article 178第百七十八条
Persons Liable for Mining Area Tax, etc.(鉱区税の納税義務者等)
Article 178, paragraph (1)
Mining area tax is imposed on mining areas, with area as the tax base, in the prefecture in which the mining area is located, on the mining right holder (including a person who may conduct prospecting during the period in which the prospecting right is deemed to continue to exist under Article 20 or Article 42 of the Mining Act (Act No. 289 of 1950)).
Scope of Non-Taxation of Mining Area Tax(鉱区税の非課税の範囲)
Article 179, paragraph (1)
Prefectures may not impose mining area tax on the State, tax-exempt incorporated administrative agencies and national university corporations, etc., or on prefectures, municipalities, special wards, associations thereof, special merger districts and local incorporated administrative agencies.
The tax rate of mining area tax is, for the mining areas listed in the following items, the amount specified respectively in those items.
(i) Mining areas of mining rights not aimed at placer deposits
Prospecting mining area
Per 100 ares of area
Annual amount: 200 yen
Extraction mining area
Per 100 ares of area
Annual amount: 400 yen
(ii) Mining areas of mining rights aimed at placer deposits
Per 100 ares of area
Annual amount: 200 yen
鉱区税の税率は、次の各号に掲げる鉱区について、それぞれ当該各号に定める額とする。
一 砂鉱を目的としない鉱業権の鉱区
試掘鉱区
面積百アールごとに
年額 二百円
採掘鉱区
面積百アールごとに
年額 四百円
二 砂鉱を目的とする鉱業権の鉱区
面積百アールごとに
年額 二百円
Article 180, paragraph (2)
The tax rate of mining area tax for mining areas of mining rights aimed at petroleum or combustible natural gas is, notwithstanding the preceding paragraph, two thirds of the tax rate prescribed in item (i) of that paragraph.
In the case referred to in paragraph (1), a fraction of less than 100 ares is deemed to be 100 ares.
第一項の場合において、百アール未満の端数は、百アールとみなす。
Article 181第百八十一条
Assessment Date for Mining Area Tax(鉱区税の賦課期日)
Article 181, paragraph (1)
The assessment date for mining area tax is April 1.
鉱区税の賦課期日は、四月一日とする。
Article 182第百八十二条
Payment Period for Mining Area Tax(鉱区税の納期)
Article 182, paragraph (1)
The payment period for mining area tax is to be specified in May by the Prefectural Ordinance of the prefecture concerned. However, in the case of special circumstances, a different payment period may be specified.
Assessment in Connection with the Arising or Extinction of Tax Liability for Mining Area Tax(鉱区税の納税義務の発生、消滅等に伴う賦課)
Article 183, paragraph (1)
Mining area tax is imposed, on a monthly basis, on a person on whom tax liability has arisen after the assessment date for mining area tax, starting from the month following the month in which the liability arose.
Mining area tax is imposed, on a monthly basis, on a person whose tax liability has been extinguished after the assessment date referred to in the preceding paragraph, up to the month in which it was extinguished.
前項の賦課期日後に納税義務が消滅した者には、その消滅した月まで、月割をもつて、鉱区税を課する。
Article 183, paragraph (3)
Where, after the assessment of mining area tax, there has been a succession to the mining area that is the object of taxation, the payment of tax by the former taxpayer is deemed to be the payment of tax by the subsequent person liable for tax, and the preceding two paragraphs do not apply.
Mining area tax must be collected by the method of ordinary collection.
鉱区税の徴収については、普通徴収の方法によらなければならない。
Article 184, paragraph (2)
The tax notice to be delivered to a taxpayer when intending to collect mining area tax must be delivered to the taxpayer by 10 days before the due date for payment at the latest.
Obligation to Make Declarations or Reports Concerning the Assessment and Collection of Mining Area Tax(鉱区税の賦課徴収に関する申告又は報告の義務)
Article 185, paragraph (1)
A person liable for mining area tax must, in accordance with the Prefectural Ordinance of the prefecture concerned, make a declaration or report on the matters specified by that Ordinance concerning the assessment and collection of mining area tax.
Offenses Relating to False Declarations, etc. Concerning Mining Area Tax(鉱区税に係る虚偽の申告等に関する罪)
Article 186, paragraph (1)
If a false return or report is made on matters to be declared or reported pursuant to the provisions of the preceding Article, 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.
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.
Non-Penal Fines Relating to Failure to Make Declarations, etc. Concerning Mining Area Tax(鉱区税に係る不申告等に関する過料)
Article 187, paragraph (1)
A prefecture may establish a provision in the Prefectural Ordinance of that prefecture to the effect that, where a person liable for mining area tax, without justifiable grounds, fails to make a declaration or report on matters to be declared or reported under Article 185, a non-penal fine of 100,000 yen or less is to be imposed on that person.
Authority of Tax Collection Officials to Question and Inspect in Examinations Concerning Mining Area Tax(徴税吏員の鉱区税に関する調査に係る質問検査権)
Article 188, paragraph (1)
If necessary for an examination concerning the assessment and collection of mining area tax, a prefectural tax collection official may question a person liable for tax or a person found to have tax liability, inspect books and documents relating to the business of that person (including, where electronic or magnetic records (meaning records made in electronic form, magnetic form or any other form not recognizable by human perception, which are used for information processing by a computer) have been made or kept in lieu of making or keeping them, those electronic or magnetic records; the same applies in items (i) and (ii) of paragraph (1) of the following Article) or other articles, or request the presentation or submission of those articles (including copies thereof).
In the case referred to in the preceding paragraph, the tax collection official in question must carry an identification card certifying the official's status and present it when requested by a person concerned.
Examinations concerning delinquent tax collection procedures for mining area tax are governed by the provisions of Article 200, paragraph (6), notwithstanding the provisions of paragraph (1).
The authority of a prefectural tax collection official under paragraph (1) or (3) must not be construed as having been granted for the purpose of criminal investigation.
Offenses Relating to Refusal of Inspection, etc. Concerning Mining Area Tax(鉱区税に係る検査拒否等に関する罪)
Article 189, 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:
if the person refuses, obstructs or evades an inspection of books, documents or other articles under the provisions of the preceding Article;
前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 189, paragraph (1), item (ii)
if the person, without justifiable grounds, fails to comply with a request to present or submit articles under the provisions of paragraph (1) of the preceding Article, or presents or submits books, documents or other articles (including copies thereof) containing false entries or records;
When a person fails to answer questions put by a tax collection official under the preceding Article, or gives a false answer.
前条の規定による徴税吏員の質問に対し答弁をしないとき、又は虚偽の答弁をしたとき。
Article 189, paragraph (2)
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.
A person liable for mining area tax who has no domicile, residence, office or place of business (referred to as "address, etc." in this paragraph) within the prefecture in which that person bears tax liability must, in order to have all matters relating to tax payment handled, either designate a tax agent from among persons having an address, etc. within an area specified by Prefectural Ordinance of that prefecture and report this to the prefectural governor, or apply to the prefectural governor for, and obtain, approval to designate as a tax agent a person, among those having an address, etc. outside that area, who is in a convenient position to handle those matters. The same applies where the tax agent is changed or is to be changed.
Notwithstanding the preceding paragraph, a person liable for tax is not required to designate a tax agent if the person has applied to the prefectural governor for, and obtained, certification that there is no obstacle to ensuring the collection of the mining area tax pertaining to that person.
Offenses Concerning False Reports, etc. Regarding the Tax Agent for Mining Area Tax(鉱区税の納税管理人に係る虚偽の申告等に関する罪)
Article 191, paragraph (1)
If a person makes a false report concerning a tax agent to be reported under the provisions of paragraph (1) of the preceding Article, or obtains the approval under that paragraph or the certification under paragraph (2) of that Article by deceit or other wrongful means, the person who committed the violation is to be punished by a fine of not more than 300,000 yen.
Where a representative of a corporation, or an agent, employee or other worker of a corporation or person, has committed a violation under the preceding paragraph in connection with the business or property of that corporation or person, in addition to punishing the offender, the penalty prescribed in that paragraph is to be imposed on that corporation or person.
Non-Penal Fines for Failure to Report the Tax Agent for Mining Area Tax(鉱区税の納税管理人に係る不申告に関する過料)
Article 191-2, paragraph (1)
A prefecture may establish a provision in a Prefectural Ordinance of that prefecture imposing a non-penal fine of not more than 100,000 yen on a person liable for mining area tax who has not received the certification under Article 190, paragraph (2) and has not received the approval under paragraph (1) of that Article, where that person fails, without justifiable grounds, to make the report on a tax agent that is to be made under that paragraph.
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