第七十二条の五十七の三(個人の事業税の徴収猶予に係る国税庁長官の通知)
In a case where a petition has been filed with the Commissioner of the National Tax Agency or a case where a petition has been filed with the competent authority of a treaty partner state, etc., the Commissioner of the National Tax Agency must, without delay, notify the prefectural governor of the prefecture where the office or place of business of the person liable for enterprise tax who filed those petitions (or, for a person liable for tax that has offices or places of business in two or more prefectures, the principal office or place of business; the same applies in the following paragraph and paragraph (3)) is located of that fact, the income that formed the basis for calculating the amount of income tax pertaining to the reassessment or determination listed in Article 40-3-3, paragraph (22), item (i) of the Act on Special Measures Concerning Taxation pertaining to those petitions, and other matters specified by Order of the Ministry of Internal Affairs and Communications.
国税庁長官は、国税庁長官に対する申立てが行われた場合又は条約相手国等の権限ある当局に対する申立てが行われた場合には、遅滞なく、その旨、これらの申立てに係る租税特別措置法第四十条の三の三第二十二項第一号に掲げる更正決定に係る所得税の額の計算の基礎となつた所得その他総務省令で定める事項をこれらの申立てをした事業税の納税義務者の事務所又は事業所(二以上の道府県において事務所又は事業所を有する納税義務者にあつては、その主たる事務所又は事業所。次項及び第三項において同じ。)の所在地の道府県知事に通知しなければならない。
In a case where a petition has been filed with the Commissioner of the National Tax Agency or a case where a petition has been filed with the competent authority of a treaty partner state, etc., when, in the mutual agreement procedure pertaining to those petitions, there is no agreement prescribed in paragraph (1) of the preceding Article or the case otherwise falls under a case specified by Cabinet Order, the Commissioner of the National Tax Agency must, without delay, notify the prefectural governor of the prefecture where the office or place of business of the person liable for enterprise tax who filed those petitions is located of that fact and other matters specified by Order of the Ministry of Internal Affairs and Communications.
国税庁長官は、国税庁長官に対する申立てが行われた場合又は条約相手国等の権限ある当局に対する申立てが行われた場合において、これらの申立てに係る相互協議において前条第一項に規定する合意がない場合その他の政令で定める場合に該当することとなつたときは、遅滞なく、その旨その他総務省令で定める事項をこれらの申立てをした事業税の納税義務者の事務所又は事業所の所在地の道府県知事に通知しなければならない。
In a case where a petition has been filed with the Commissioner of the National Tax Agency or a case where a petition has been filed with the competent authority of a treaty partner state, etc., when, in the mutual agreement procedure pertaining to those petitions, the agreement prescribed in paragraph (1) of the preceding Article has been reached, the Commissioner of the National Tax Agency must, without delay, notify the prefectural governor of the prefecture where the office or place of business of the person liable for enterprise tax who filed those petitions is located of that fact, the income that formed the basis for calculating the amount of income tax pertaining to the reassessment under Article 26 of the Act on General Rules for National Taxes based on that agreement, and other matters specified by Order of the Ministry of Internal Affairs and Communications.
国税庁長官は、国税庁長官に対する申立てが行われた場合又は条約相手国等の権限ある当局に対する申立てが行われた場合において、これらの申立てに係る相互協議において前条第一項に規定する合意が行われたときは、遅滞なく、その旨、当該合意に基づく国税通則法第二十六条の規定による更正に係る所得税の額の計算の基礎となつた所得その他総務省令で定める事項をこれらの申立てをした事業税の納税義務者の事務所又は事業所の所在地の道府県知事に通知しなければならない。
The prefectural governor of the location of the principal office or place of business who has received the notification under the preceding three paragraphs must, without delay, notify the governors of the relevant prefectures of the matters prescribed in those provisions.
前三項の通知を受けた主たる事務所又は事業所の所在地の道府県知事は、遅滞なく、これらの規定に規定する事項を関係道府県知事に通知しなければならない。
Article 72-58Obligation of Prefectural Governors to Give Notice
第七十二条の五十八(道府県知事の通知義務)
Where the prefectural governor has determined the income of an individual pursuant to the provisions of the proviso to Article 72-50, paragraph (1) or paragraph (4) of that Article, that prefectural governor (for an individual conducting business with offices or places of business established in two or more prefectures, the prefectural governor of the prefecture where the principal office or place of business is located) is to notify a national tax office, without delay, of the income of the individual relating to that determination.
道府県知事が第七十二条の五十第一項但書又は第四項の規定によつて個人の所得を決定した場合においては、当該道府県知事(二以上の道府県において事務所又は事業所を設けて事業を行う個人に係るものにあつては、主たる事務所又は事業所所在地の道府県知事)は、遅滞なく、当該決定に係る個人の所得を税務官署に通知するものとする。
Article 72-59Inspection, etc. of Documents Relating to Income Tax or Prefectural Inhabitant Tax
第七十二条の五十九(所得税又は道府県民税に関する書類の供覧等)
Where a prefectural governor, with regard to the assessment and collection of enterprise tax, has requested the Government to allow inspection or recording of a return or amended return submitted to the Government by an individual who is a person liable for enterprise tax and has a tax liability for income tax, or of documents relating to a reassessment or determination made by the Government with respect to the tax base or tax amount of that individual, the Government is to have the prefectural governor or an official designated by the governor inspect or record the relevant documents.
道府県知事が事業税の賦課徴収について、政府に対し、事業税の納税義務者で所得税の納税義務がある個人が政府に提出した申告書若しくは修正申告書又は政府が当該個人の課税標準若しくは税額についてした更正若しくは決定に関する書類を閲覧し、又は記録することを請求した場合には、政府は、関係書類を道府県知事又はその指定する職員に閲覧させ、又は記録させるものとする。
Where a prefectural governor, with regard to the assessment and collection of enterprise tax, has requested the mayor of the municipality to allow inspection or recording of a return submitted to the mayor of the municipality by an individual who is a person liable for enterprise tax and has a tax liability for prefectural inhabitant tax, or of documents relating to an assessment determination made by the mayor of the municipality with respect to the prefectural inhabitant tax on that individual, the mayor of the municipality is to have the prefectural governor or an official designated by the governor inspect or record the relevant documents.
道府県知事が事業税の賦課徴収について、市町村長に対し、事業税の納税義務者で道府県民税の納税義務がある個人が市町村長に提出した申告書又は市町村長が当該個人に係る道府県民税についてした賦課決定に関する書類を閲覧し、又は記録することを請求した場合には、市町村長は、関係書類を道府県知事又はその指定する職員に閲覧させ、又は記録させるものとする。
Article 72-60Offenses Relating to Evasion of Individual Enterprise Tax
第七十二条の六十(個人の事業税の脱税に関する罪)
When all or part of the enterprise tax on the business conducted by an individual has been evaded 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 10,000,000 yen, or both.
偽りその他不正の行為により個人の行う事業に対する事業税の全部又は一部を免れたときは、その違反行為をした者は、十年以下の拘禁刑若しくは千万円以下の罰金に処し、又はこれを併科する。
If the amount of tax evaded as referred to in the preceding paragraph exceeds 10,000,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding that paragraph, be an amount exceeding 10,000,000 yen and not exceeding the amount of the tax evaded.
In addition to what is provided for in paragraph (1), when all or part of the enterprise tax on the business conducted by an individual has been evaded by failing to make a filing or report on matters to be filed or reported pursuant to the provisions of Article 72-55, 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 5,000,000 yen, or both.
If the amount of tax evaded as referred to in the preceding paragraph exceeds 5,000,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding that paragraph, be an amount exceeding 5,000,000 yen and not exceeding the amount of the tax evaded.
Where an agent, employee or other worker of a person has committed a violation set forth in paragraph (1) or (3) in connection with the business or property of that person, in addition to punishing the offender, the fine prescribed in the relevant paragraph is to be imposed on that person.
The period of prescription in the case where a fine is imposed on a person for a violation set forth in paragraph (1) or (3) pursuant to the provisions of the preceding paragraph is governed by the period of prescription for the offenses under those paragraphs.
No English for this paragraph yet.
削除
Article 72-62Reduction or Exemption of Individual Enterprise Tax
第七十二条の六十二(個人の事業税の減免)
A prefectural governor may reduce or exempt the enterprise tax on the business conducted by an individual, in accordance with the Prefectural Ordinance of that prefecture, only for a person that the governor finds to need a reduction or exemption of the enterprise tax on the business conducted by the individual due to a natural disaster or other special circumstances, a person who receives public or private assistance for living due to poverty, or another person who has special circumstances.
道府県知事は、天災その他特別の事情がある場合において個人の行う事業に対する事業税の減免を必要とすると認める者、貧困により生活のため公私の扶助を受ける者その他特別の事情がある者に限り、当該道府県の条例の定めるところにより、個人の行う事業に対する事業税を減免することができる。
第七十二条の六十三(総務省の職員の個人の事業税に関する調査に係る質問検査権)
In the case of Article 72-54, paragraph (5) or (7), 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 72-64 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).
a person liable for enterprise tax on the business conducted by an individual, or a person found to have a tax liability;
個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者
a person found to be under an obligation to provide money or goods to a person prescribed in the preceding item;
前号に規定する者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
In the case referred to in the preceding paragraph, 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) or the preceding paragraph must not be construed as having been granted for the purpose of criminal investigation.
第七十二条の六十三の二(総務省の職員の個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 72-63-4 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 72-63-4 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, 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六十三の四までにおいて「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六十三の四において「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 involving questioning, inspection, etc. (hereinafter simply referred to as the "examination" in this Article);
質問検査等を行う実地の調査(以下この条において単に「調査」という。)を開始する日時
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 an individual;
個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.
If 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 is sufficient to give the notice under paragraph (1) to that person liable for tax to that tax representative.
If 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 representative tax representative from among those tax representatives, it is sufficient to give the notice under paragraph (1) to those tax representatives to that representative tax representative.
Article 72-63-3Cases Not Requiring Advance Notice
第七十二条の六十三の三(事前通知を要しない場合)
Notwithstanding paragraph (1) of the preceding Article, if the Minister for Internal Affairs and Communications finds, in light of the content of past examination results of the person liable for tax who is the counterparty to the examination, information on the content of the business that person conducts, and other information held by the Minister, that there is a risk of facilitating unlawful or improper acts, making it difficult to ascertain accurate facts, or otherwise hindering the proper performance of an examination concerning the enterprise tax on business conducted by an individual, the notice under that paragraph is not required.
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
national tax officemachine translation
「税務官署」
A national tax office (国の税務官署); the prefectural governor may ask it, with the reasons in writing, to reassess or determine a corporation's corporation tax where the corporation's income seems understated or no return was filed and nothing was done within a year, and may turn to the office supervising it if it does not act within three months without good reason.
Short name set inArticle 72-40, paragraph (1)
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
case where a petition has been filed with the Commissioner of the National Tax Agencymachine translation
「国税庁長官に対する申立てが行われた場合」
The case where the taxpayer — a corporation, an individual carrying on a business, or an individual liable for municipal inhabitant tax (市町村民税) — has filed with the Commissioner of the National Tax Agency (国税庁長官) a petition (申立て) provided for in a tax treaty (租税条約), limited to one in a case to which the provisions of the Act on Special Measures Concerning Taxation that the paragraph names apply.
Short name set inArticle 72-57-2, paragraph (1)· applies only in this provision and in Article 72-57-3
a petition has been filed with the competent authority of a treaty partner state, etc.machine translation
「条約相手国等の権限ある当局に対する申立てが行われた場合」
The case where a person has filed a petition of the kind the paragraph covers under a tax treaty (租税条約) with the competent authority of a treaty partner state, etc. (条約相手国等), and that authority has asked for the mutual agreement consultation (相互協議) the treaty provides for.
Short name set inArticle 72-57-2, paragraph (1)· applies only in this provision and in Article 72-57-3
mutual agreement proceduremachine translation
「相互協議」
The consultation (協議) provided for in a tax treaty (租税条約) between the authorities of Japan and of the treaty partner, here one that the treaty partner's competent authority asks for after a taxpayer applied to it under the treaty about a national tax reassessment of the kinds the Act on Special Measures Concerning Taxation provisions cited there cover; on the taxpayer's application, collection of the local tax based on the amount under consultation can be deferred until a month after the reassessment that follows an agreement.
Short name set inArticle 72-57-2, paragraph (1)· applies only in this paragraph and in Article 72-57-3
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 72-63, paragraph (1)· applies only in this article and in Articles 72-63-2 to 72-64
person liable for taxmachine translation
「納税義務者」
A person listed in Article 72-63, paragraph 1, item 1 — one liable, or appearing to be liable, for enterprise tax (事業税) on an individual's business — whom an official designated by the Minister for Internal Affairs and Communications (総務大臣) examines on site.
Short name set inArticle 72-63-2, paragraph (1)· applies only in this article and in Articles 72-63-3 and 72-63-4
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 72-63 for the enterprise tax (事業税) on individuals, here in an on-site examination of a taxpayer.
Short name set inArticle 72-63-2, paragraph (1)· applies only in this article and in Article 72-63-4
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 72-63-2, paragraph (1), item (i)· applies only in this article
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.
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.
Commissioner of the National Tax Agency
国税庁長官
The head of the National Tax Agency (国税庁), the agency within the Ministry of Finance that assesses and collects national taxes (Act for Establishment of the Ministry of Finance, Articles 18 and 19). The Commissioner issues circulars (通達) setting out how the tax laws are read, and the National Tax Tribunal must tell the Commissioner beforehand when it will decide a case on a different reading (Act on General Rules for National Taxes, Article 99, paragraph (1)). An objection to a decision the Commissioner made is a request for review to the Commissioner (Article 75, paragraph (1), item (ii)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 18, 19 and Act on General Rules for National Taxes, Arts. 75, 99 as a reference.