Local Tax Act

Where a taxpayer filing returns for tobacco tax has failed, without justifiable grounds, to submit a return under the provisions of Article 74-10, paragraphs (1) through (3) by the deadline for filing returns prescribed in those paragraphs, a prefecture may establish a provision in the Prefectural Ordinance of that prefecture imposing a non-penal fine of not more than 100,000 yen on that person.

Where tobacco tax is collected by the method of ordinary collection pursuant to the proviso to Article 74-9, it is to be collected by fixing payment periods, as provided by the Prefectural Ordinance of that prefecture.

In the case referred to in the preceding paragraph, the tax notice to be delivered to the taxpayer who is to pay the tobacco tax collected by the method of ordinary collection (hereinafter in this Section referred to as the "taxpayer") must be delivered to the taxpayer no later than 10 days before the due date for payment.

Where a wholesale seller, etc. has had manufactured tobacco returned that it sold to a tobacco retailer whose business office is located within the area of that prefecture, due to the cancellation of a sales contract or other unavoidable reasons, an amount equivalent to the amount of tobacco tax paid or to be paid on the manufactured tobacco relating to that return of goods (or, where a deduction under this paragraph has been made for that amount of tobacco tax, the amount before that deduction) is deducted from the amount of tobacco tax on the taxable quantity relating to a return under the provisions of Article 74-10, paragraph (1) or (3) that the wholesale seller, etc. is to submit to the prefectural governor in or after the month following the month containing the day on which it had that return of goods (limited to those submitted within the deadlines prescribed in those provisions) (where exemption is received under the provisions of Article 74-6, paragraph (1), the amount after deduction of the amount of tobacco tax relating to the manufactured tobacco to which that paragraph applies; the same applies in the following paragraph).

In the case prescribed in the preceding paragraph, where, after deducting the amount for which a deduction under the provisions of that paragraph is sought from the amount of tobacco tax on the taxable quantity of the month in which the deduction under the provisions of that paragraph is to be received, a shortfall still remains, or where, in the month in which the deduction under the provisions of that paragraph is to be received, there is no amount of tobacco tax on the taxable quantity to be declared to the prefectural governor of the location of the business office of the tobacco retailer relating to the manufactured tobacco so returned, the prefectural governor refunds, respectively, that shortfall or the amount equivalent to the amount to be deducted under the provisions of the preceding paragraph, as stated in the return under the provisions of Article 74-10, paragraphs (1) through (3) or paragraph (5).

Where the prefectural governor refunds an amount equivalent to the amount of tobacco tax pursuant to the provisions of the preceding paragraph and there are unpaid local government levies of the taxpayer filing returns who is to receive the refund, the governor may appropriate the amount to be refunded to them.

Where an amount equivalent to the amount of tobacco tax is refunded or appropriated pursuant to the provisions of the preceding two paragraphs, the day on which 10 days have elapsed counting from the day on which the taxpayer filing returns submitted the return under the provisions of Article 74-10, paragraphs (1) through (3) or paragraph (5) relating to that refund is deemed to be the day listed in Article 17-4, paragraph (1), item (iv), and that paragraph (excluding items (i) through (iii)) applies.

Where a person has evaded all or part of tobacco tax by deception or other wrongful acts, the person who committed the violation is to be punished by imprisonment for not more than 10 years or a fine of not more than 1,000,000 yen, or both.

Where a person has received a refund under the provisions of paragraph (2) of the preceding Article by deception or other wrongful acts, the person who committed the violation is to be punished by imprisonment for not more than 10 years or a fine of not more than 1,000,000 yen, or both.

Where the amount of tax evaded as referred to in paragraph (1) or the amount refunded as referred to in the preceding paragraph exceeds 1,000,000 yen, the amount of the fine referred to in those paragraphs may, in light of the circumstances, notwithstanding the provisions of those paragraphs, be an amount exceeding 1,000,000 yen and not exceeding the amount equivalent to the amount of tax evaded or the amount refunded.

In addition to what is prescribed in paragraph (1), where a person has evaded all or part of tobacco tax by failing to submit a return under the provisions of Article 74-10, paragraph (1) or (3) by the deadline for filing returns prescribed in those paragraphs, the person who committed the violation is to be punished by imprisonment for not more than five years or a fine of not more than 500,000 yen, or both.

Where the amount of tax evaded as referred to in the preceding paragraph exceeds 500,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding the provisions of that paragraph, be an amount exceeding 500,000 yen and not exceeding the amount equivalent to the amount of tax evaded.

Where a representative of a corporation, or an agent, employee or other worker of a corporation or a person, has committed a violation under paragraph (1), (2) or (4) in connection with the business or property of that corporation or person, in addition to punishing the offender, the fines prescribed in those paragraphs are to be imposed on that corporation or person.

Where a fine is imposed on a corporation or a person for a violation under paragraph (1), (2) or (4) pursuant to the preceding paragraph, the period of prescription is governed by the period of prescription for the offenses under those paragraphs.

When a specified seller or wholesale seller intends to commence business, it must report that fact to the prefectural governor of the location of its office or place of business, for each of its offices or places of business, as provided by Order of the Ministry of Internal Affairs and Communications. The same applies where a specified seller or wholesale seller intends to discontinue or suspend its business.

Where a change occurs in matters reported under the provisions of the preceding paragraph, a specified seller or wholesale seller must report that fact without delay to the prefectural governor prescribed in that paragraph, as provided by Order of the Ministry of Internal Affairs and Communications.

A wholesale seller, etc. or a tobacco retailer must keep books and enter in them the facts concerning the manufacture, storage or sale of manufactured tobacco, as provided by Cabinet Order.

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 fails to make a report under the provisions of Article 74-16 or makes a false report;

if the person, in violation of the provisions of the preceding Article, fails to keep books, fails to make entries in the books or makes false entries, or conceals the books.

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.

Where a prefectural governor has requested a mayor of a municipality, with respect to the assessment and collection of tobacco tax, to allow the inspection or recording of documents concerning a return or amended return that a person liable for municipal tobacco tax submitted to the mayor of the municipality, or a reassessment or determination that the mayor of the municipality made with respect to the taxable quantity or tax amount of that person liable for tax relating to municipal tobacco tax, the mayor of the municipality is to have the relevant documents inspected or recorded by the prefectural governor or an official designated by the governor.

The prefectural governor who has received a return under the provisions of Article 74-10, paragraphs (1) through (3) is to notify the relevant prefectural governors of the quantity of manufactured tobacco sold to wholesale sellers, etc. and other necessary matters, among the matters stated in those returns and the documents attached to them, as provided by Order of the Ministry of Internal Affairs and Communications.

Where a return under Article 74-10, paragraphs (1) through (3) or paragraph (5) (hereinafter in this Section referred to as a "return") or an amended return under Article 74-12, paragraph (2) (hereinafter in this Section referred to as an "amended return") has been submitted, and the taxable quantity, tax amount or refund amount relating to that return or amended return differs from what the prefectural governor has found by investigation, the prefectural governor is to reassess it.

Where a person who is to submit a return has not submitted that return, the prefectural governor is to determine, by investigation, the taxable quantity and tax amount to be declared.

Where the prefectural governor learns that there is an excess or deficiency in the taxable quantity, tax amount or refund amount reassessed under paragraph (1) or this paragraph or determined under the preceding paragraph, the governor is to reassess it by investigation.

Where the prefectural governor has made a reassessment or determination under the preceding three paragraphs, the governor must notify the taxpayer filing returns of it without delay.

Where a reassessment or determination has been made under paragraphs (1) through (3) of the preceding Article and there is a tax deficiency (meaning the tax deficiency resulting from a reassessment or the tax amount resulting from a determination; the same applies hereinafter in this Section), a prefectural tax collection official must collect it, with the day on which one month has elapsed from the day on which notification was given under paragraph (4) of that Article as the due date for payment.

In the case referred to in the preceding paragraph, an amount of delinquency charge equivalent to the amount calculated by multiplying the tax deficiency by a rate of 14.6 percent per annum (7.3 percent per annum for the period up to the due date for payment under the preceding paragraph or the period up to the day on which one month has elapsed from the day following that due date for payment), according to the number of days in the period from the day following the due date for payment under Article 74-10, paragraph (1) or (3) (where the due date for payment has been extended, the extended due date for payment; the same applies hereinafter in this Section) to the date of payment, must be added to the tax deficiency and collected.

Where the prefectural governor finds that there are unavoidable reasons for the taxpayer filing returns having received a reassessment or determination under paragraphs (1) through (3) of the preceding Article, the governor may reduce or exempt the amount of delinquency charge referred to in the preceding paragraph.