Article 73-27-2Reduction, etc. of Real Property Acquisition Tax on the Acquisition of an Existing House Not Meeting Earthquake Resistance Standards
第七十三条の二十七の二(耐震基準不適合既存住宅の取得に対する不動産取得税の減額等)
Where an individual acquires an existing house not meeting earthquake resistance standards, and that individual, within six months from the day of acquiring that existing house not meeting earthquake resistance standards, carries out seismic retrofitting on that existing house (meaning seismic retrofitting prescribed in Article 2, paragraph (2) of the Act on Promotion of Seismic Retrofitting of Buildings (Act No. 123 of 1995), excluding partial removal and site preparation), obtains certification, as provided by Order of the Ministry of Internal Affairs and Communications, that the dwelling conforms to earthquake resistance standards, and uses that dwelling for his or her own residence, a prefecture is to reduce, from the amount of real property acquisition tax imposed on the acquisition of that existing house not meeting earthquake resistance standards, the amount obtained by multiplying the tax rate by the amount that was to be deducted pursuant to the provisions of Article 73-14, paragraph (1) of the Local Tax Act in force at the time when that existing house not meeting earthquake resistance standards was newly constructed.
道府県は、個人が耐震基準不適合既存住宅を取得した場合において、当該個人が、当該耐震基準不適合既存住宅を取得した日から六月以内に、当該耐震基準不適合既存住宅に耐震改修(建築物の耐震改修の促進に関する法律(平成七年法律第百二十三号)第二条第二項に規定する耐震改修をいい、一部の除却及び敷地の整備を除く。)を行い、当該住宅が耐震基準に適合することにつき総務省令で定めるところにより証明を受け、かつ、当該住宅をその者の居住の用に供したときは、当該耐震基準不適合既存住宅の取得に対して課する不動産取得税については、当該税額から当該耐震基準不適合既存住宅が新築された時において施行されていた地方税法第七十三条の十四第一項の規定により控除するものとされていた額に税率を乗じて得た額を減額するものとする。
Where a prefecture assesses and collects real property acquisition tax imposed on the acquisition of a dwelling, and the acquirer of that dwelling has, as provided by the Prefectural Ordinance of the prefecture concerned, made a declaration to the effect that the provisions of the preceding paragraph are to apply to that real property acquisition tax, and that declaration is found to be true, the prefecture is to defer the collection of the portion of the amount of real property acquisition tax relating to that dwelling that is equivalent to the amount to be reduced under the provisions of that paragraph, for a period limited to within six months from the day of that acquisition.
The provisions of Article 73-25, paragraphs (2) and (3) and the preceding two Articles apply mutatis mutandis to the deferral of collection and rescission thereof of the amount of real property acquisition tax in the case referred to in the preceding paragraph, and to the refund of local government levies relating to that real property acquisition tax in the case referred to in paragraph (1).
Read this with the articles around it
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
earthquake resistance standardsmachine translation
「耐震基準」
The standards on safety against earthquakes that a Cabinet Order (政令) sets.
Short name set inArticle 73-14, paragraph (3)· applies only in this provision and in Article 73-27-2, paragraph (1)
existing house not meeting earthquake resistance standardsmachine translation
「耐震基準不適合既存住宅」
An existing house (既存住宅) that is not an existing house meeting the earthquake resistance standards (耐震基準適合既存住宅).
Defined inArticle 73-24, paragraph (3)· applies only in this article and in Articles 73-25 to 73-27-2
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.