第七十二条の四十九の五(総務省の職員の法人の事業税に関する調査に係る質問検査権)
In the case prescribed in Article 72-48-2, paragraph (8) or (9), an official of the Ministry of Internal Affairs and Communications who is designated by the Minister for Internal Affairs and Communications (hereinafter in this Article through Article 72-49-10 referred to as an "official designated by the Minister for Internal Affairs and Communications") may, where necessary for an examination for the reassessment or determination of the tax base amount and its apportionment, question the following persons, or inspect books and documents or other articles relating to the business of a person set forth in item (i) or (ii), or request the presentation or submission of those articles (including copies thereof).
第七十二条の四十八の二第八項又は第九項に規定する場合において、総務省の職員で総務大臣が指定する者(以下この条から第七十二条の四十九の十までにおいて「総務省指定職員」という。)は、課税標準額の更正又は決定及びその分割の調査のために必要があるときは、次に掲げる者に質問し、又は第一号若しくは第二号の者の事業に関する帳簿書類その他の物件を検査し、若しくは当該物件(その写しを含む。)の提示若しくは提出を求めることができる。
a person liable for enterprise tax on the business conducted by a corporation, or a corporation found to have a tax liability;
法人の行う事業に対する事業税の納税義務者又は納税義務があると認められる法人
a person found to be under an obligation to provide money or goods to the corporation prescribed in the preceding item;
前号に規定する法人に金銭又は物品を給付する義務があると認められる者
a person other than those listed in the preceding two items who is found to be directly related to the assessment and collection of that enterprise tax.
前二号に掲げる者以外の者で当該事業税の賦課徴収に関し直接関係があると認められる者
A successor corporation in a company split relating to a company split in which a corporation listed in item (i) of the preceding paragraph is the splitting corporation, and a splitting corporation relating to a company split in which a corporation listed in that item is the successor corporation in a company split, are to be included among the persons found to be under an obligation to provide money or goods prescribed in item (ii) of that paragraph.
In the case referred to in paragraph (1), the official designated by the Minister for Internal Affairs and Communications must carry a certificate proving the official's status and present it when requested by a person concerned.
An official designated by the Minister for Internal Affairs and Communications may, as provided by Cabinet Order, retain articles submitted to the official pursuant to the provisions of paragraph (1).
The authority of an official designated by the Minister for Internal Affairs and Communications under paragraph (1) and the preceding paragraph must not be construed as having been granted for the purpose of criminal investigation.
第七十二条の四十九の六(総務省の職員の法人の事業税に関する調査の事前通知等)
When the Minister for Internal Affairs and Communications is to have an official designated by the Minister for Internal Affairs and Communications conduct, in an on-site examination of a person set forth in paragraph (1), item (i) of the preceding Article (hereinafter in this Article through Article 72-49-8 referred to as a "person liable for tax"), the questioning, inspection or request for presentation or submission under the preceding Article (hereinafter in this Article and Article 72-49-8 referred to as "questioning, inspection, etc."), the Minister is to notify in advance that person liable for tax (including, where that person liable for tax has a tax representative (meaning a certified public tax accountant or certified public tax accountant corporation that has submitted the document under Article 30 of the Certified Public Tax Accountant Act (Act No. 237 of 1951) (including as applied mutatis mutandis pursuant to Article 48-16 of that Act), an attorney who has given the notice under Article 51, paragraph (1) of that Act, or an attorney corporation or joint corporation of attorneys and registered foreign lawyers that has given the notice under paragraph (3) of that Article; the same applies hereinafter in this Subsection and the following Subsection), that tax representative) of that fact and of the following matters.
総務大臣は、総務省指定職員に前条第一項第一号に掲げる者(以下この条から第七十二条の四十九の八までにおいて「納税義務者」という。)に対し実地の調査において前条の規定による質問、検査又は提示若しくは提出の要求(以下この条及び第七十二条の四十九の八において「質問検査等」という。)を行わせる場合には、あらかじめ、当該納税義務者(当該納税義務者について税務代理人(税理士法(昭和二十六年法律第二百三十七号)第三十条(同法第四十八条の十六において準用する場合を含む。)の書面を提出している税理士若しくは税理士法人又は同法第五十一条第一項の規定による通知をした弁護士若しくは同条第三項の規定による通知をした弁護士法人若しくは弁護士・外国法事務弁護士共同法人をいう。以下この款及び次款において同じ。)がある場合には、当該税務代理人を含む。)に対し、その旨及び次に掲げる事項を通知するものとする。
the date and time of commencement of the on-site examination in which questioning, inspection, etc. is conducted (hereinafter in this paragraph and paragraph (3) referred to simply as the "examination");
the place where the examination is to be conducted;
調査を行う場所
the purpose of the examination;
調査の目的
that it is an examination relating to the enterprise tax on the business conducted by a corporation;
法人の行う事業に対する事業税に関する調査である旨
the period subject to the examination;
調査の対象となる期間
the books and documents or other articles subject to the examination;
調査の対象となる帳簿書類その他の物件
other matters specified by Cabinet Order as necessary for the proper and smooth conduct of the examination.
その他調査の適正かつ円滑な実施に必要なものとして政令で定める事項
When a person liable for tax that has received the notification under the preceding paragraph requests, with reasonable grounds, a change to the matters set forth in item (i) or (ii) of that paragraph, the Minister for Internal Affairs and Communications is to endeavor to consult on those matters.
The provisions of paragraph (1) do not preclude an official designated by the Minister for Internal Affairs and Communications from conducting questioning, inspection, etc. regarding matters other than those set forth in items (iii) through (vi) of that paragraph relating to that examination, where that examination has made it necessary to do so for the purpose of an examination for the reassessment or determination of the tax base amount and its apportionment. In this case, the provisions of that paragraph do not apply to the questioning, inspection, etc. regarding those matters.
Where a person liable for tax has a tax representative, and the case falls under a case specified by Order of the Ministry of Internal Affairs and Communications as one in which there is the consent of that person liable for tax, it suffices to give the notice under paragraph (1) to that person liable for tax to that tax representative.
Where a person liable for tax has several tax representatives, and the case falls under a case specified by Order of the Ministry of Internal Affairs and Communications as one in which that person liable for tax has designated a representing tax representative from among those tax representatives, it suffices to give the notice under paragraph (1) to those tax representatives to that representing tax representative.
Article 72-49-7Cases Not Requiring Advance Notice
第七十二条の四十九の七(事前通知を要しない場合)
Notwithstanding paragraph (1) of the preceding Article, where the Minister for Internal Affairs and Communications finds, in light of information held by the Minister, including information on the content of the results of past examinations of the person liable for tax who is the other party to the examination or on the content of the business conducted by that person, that there is a risk of facilitating illegal or improper acts or making it difficult to ascertain accurate facts, or any other risk of hindering the proper conduct of the examination relating to the enterprise tax on the business conducted by a corporation, the notice under that paragraph is not required.
第七十二条の四十九の八(総務省の職員の法人の事業税に関する調査の終了の際の手続)
When, as a result of an on-site examination relating to the enterprise tax on the business conducted by a corporation, the Minister for Internal Affairs and Communications finds no need for a reassessment or determination of the total tax base amount or a correction or determination of the apportionment basis, the Minister is to notify, in writing, a person liable for tax who was the other party to the questioning, inspection, etc. in that examination that no need for a reassessment or determination of the total tax base amount or a correction or determination of the apportionment basis is found at that time.
When, as a result of an examination relating to the enterprise tax on the business conducted by a corporation, the Minister for Internal Affairs and Communications finds a need for a reassessment or determination of the total tax base amount or a correction or determination of the apportionment basis, the Minister is to explain to the person liable for tax concerned that a need for a reassessment or determination of the total tax base amount or a correction or determination of the apportionment basis is found at that time, and the reasons therefor.
Where a person liable for tax with respect to whom questioning, inspection, etc. were conducted through an on-site examination has a tax representative, and there is the consent of that person liable for tax, the notification or explanation under those provisions may be given to that tax representative in lieu of the notification or explanation to that person liable for tax under paragraph (1) or the preceding paragraph.
Article 72-49-9Delegation to Cabinet Order
第七十二条の四十九の九(政令への委任)
In addition to what is provided for in Article 72-49-5 through the preceding Article, matters necessary for the conduct of examinations relating to corporate enterprise tax by officials of the Ministry of Internal Affairs and Communications are specified by Cabinet Order.
第七十二条の四十九の五から前条までに定めるもののほか、総務省の職員の法人の事業税に関する調査の実施に関し必要な事項は、政令で定める。
第七十二条の四十九の十(法人の事業税に係る総務省の職員の行う検査拒否等に関する罪)
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:
次の各号のいずれかに該当する場合には、その違反行為をした者は、一年以下の拘禁刑又は五十万円以下の罰金に処する。
if the person refuses, obstructs or evades an inspection of books and documents or other articles under Article 72-49-5, paragraph (1);
第七十二条の四十九の五第一項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。
if the person, in response to a request for presentation or submission of articles under Article 72-49-5, paragraph (1), fails to comply without justifiable grounds, or presents or submits books and documents or other articles (including copies thereof) in which false entries or records have been made;
第七十二条の四十九の五第一項の規定による物件の提示又は提出の要求に対し、正当な理由がなくこれに応ぜず、又は偽りの記載若しくは記録をした帳簿書類その他の物件(その写しを含む。)を提示し、若しくは提出したとき。
if the person gives no answer to, or gives a false answer to, the questioning by an official designated by the Minister for Internal Affairs and Communications under Article 72-49-5, paragraph (1).
第七十二条の四十九の五第一項の規定による総務省指定職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。
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 the provisions of the preceding paragraph apply to an association or foundation without juridical personality, in addition to the representative or administrator of the association or foundation without juridical personality representing it in its procedural acts, the provisions of laws and regulations concerning criminal proceedings in the case where a corporation is the defendant or suspect apply mutatis mutandis.
人格のない社団等について前項の規定の適用がある場合には、その代表者又は管理人がその訴訟行為につき当該人格のない社団等を代表するほか、法人を被告人又は被疑者とする場合の刑事訴訟に関する法律の規定を準用する。
Subsection 3 Tax Base and Tax Rates, etc. of the Individual Enterprise Tax
第三款 個人の事業税に係る課税標準及び税率等
Article 72-49-11Tax Base for Individual Enterprise Tax
第七十二条の四十九の十一(個人の事業税の課税標準)
The tax base for enterprise tax on the business conducted by an individual is the income from the individual's business in the year preceding the year in which the first day of the relevant fiscal year falls.
個人の行う事業に対する事業税の課税標準は、当該年度の初日の属する年の前年中における個人の事業の所得による。
The tax base for enterprise tax in the case where an individual has abolished the business in the middle of a year is, in addition to the income prescribed in the preceding paragraph, the income from the individual's business from January 1 of that year to the day of abolition of the business.
個人が年の中途において事業を廃止した場合における事業税の課税標準は、前項に規定する所得によるほか、当該年の一月一日から事業の廃止の日までの個人の事業の所得による。
successor corporation in a company splitmachine translation
「分割承継法人」
A corporation that received assets and liabilities from a splitting corporation (分割法人) through a company split (分割), as the paragraph uses the term.
Defined inArticle 72-7, paragraph (2)· applies only in this paragraph and in Article 72-49-5, paragraph (2)
splitting corporationmachine translation
「分割法人」
A corporation that transferred its assets and liabilities to another corporation through a company split (分割), as the paragraph uses the term.
Defined inArticle 72-7, paragraph (2)· applies only in this paragraph and in Article 72-49-5, paragraph (2)
tax base amountmachine translation
「課税標準額」
For the enterprise tax (事業税) on corporations, the added value (付加価値額), capital, etc. (資本金等の額), income (所得) or revenue (収入金額) stated in a return or amended return, or fixed by a reassessment or determination, taken together.
Short name set inArticle 72-31, paragraph (2)· applies only in this section
apportionment basismachine translation
「分割基準」
The basis, set by kind of business in Article 72-48, paragraph 3, for dividing the total tax base of enterprise tax (事業税) of a corporation with offices in two or more prefectures among those prefectures: employee numbers for manufacturing; numbers of offices and employees, line capacity or fixed assets for electricity supply; fixed assets for gas supply and warehousing; track length for railway and tramway businesses; and numbers of offices and employees, half each, for other businesses.
Short name set inArticle 72-48, paragraph (4)· applies only in this subsection
official designated by the Minister for Internal Affairs and Communicationsmachine translation
「総務省指定職員」
An official whom the Minister for Internal Affairs and Communications (総務大臣) designates to question the persons listed in Article 144-38 (light oil delivery tax), Article 396 (fixed assets tax) or Article 72-49-5 or 72-63 (enterprise tax) and to inspect their business books, records and other items, or have them shown or submitted.
Short name set inArticle 72-49-5, paragraph (1)· applies only in this article and in Articles 72-49-6 to 72-49-10
tax representativemachine translation
「税務代理人」
In the subsection on investigations of the corporate enterprise tax (事業税) by officials the Minister for Internal Affairs and Communications designates, and in the subsection after it, a certified public tax accountant or tax accountant corporation that has submitted the document under Article 30 of the Certified Public Tax Accountant Act (including as applied by its Article 48-16), or an attorney, legal professional corporation or joint corporation of attorneys and registered foreign lawyers that has given notice under Article 51, paragraph 1 or 3 of that Act; it is notified of an on-site investigation in advance together with the taxpayer.
Defined inArticle 72-49-6, paragraph (1)· applies only in this subsection and in Chapter 2, Section 2, Subsection 3
person liable for taxmachine translation
「納税義務者」
A corporation listed in Article 72-49-5, paragraph 1, item 1 — one liable, or appearing to be liable, for enterprise tax (事業税) on its business — which an official designated by the Minister for Internal Affairs and Communications (総務大臣) examines on site.
Short name set inArticle 72-49-6, paragraph (1)· applies only in this article and in Articles 72-49-7 and 72-49-8
questioning, inspection, etc.machine translation
「質問検査等」
Questioning, inspection, or a request that records or other items be shown or handed over, which officials designated by the Minister of Internal Affairs and Communications (総務省指定職員) may carry out under Article 72-49-5 for the enterprise tax (事業税) on corporations, here in an on-site examination of a taxpayer.
Short name set inArticle 72-49-6, paragraph (1)· applies only in this article and in Article 72-49-8
examinationmachine translation
「調査」
An on-site examination (実地の調査) in which officials designated by the Minister of Internal Affairs and Communications (総務省指定職員) question people, inspect records or other items, or ask for them to be shown or handed over (質問検査等); the Minister must tell the person examined, and any tax representative (税務代理人), in advance when it starts, where it will be held, its purpose and other details.
Short name set inArticle 72-49-6, paragraph (1), item (i)· applies only in this paragraph and in Article 72-49-6, paragraph (3)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.