Article 74-24Substantial Additional Charge on the Tobacco Tax
第七十四条の二十四(たばこ税の重加算金)
In the case falling under paragraph (1) of the preceding Article, if the taxpayer filing returns has concealed or disguised all or part of the facts that are to be the basis of calculating the taxable quantity, and has filed a return, an amended return, or the written request for reassessment prescribed in Article 20-9-3, paragraph (3) (referred to as a "written request for reassessment" in the following paragraph) based on the facts so concealed or disguised, the prefectural governor must, as provided by Cabinet Order, collect, in place of the amount of the additional charge for understatement prescribed in paragraph (1) of the preceding Article, an amount of substantial additional charge equivalent to the amount calculated by multiplying the tax deficiency resulting from the reassessment, or the tax amount increased by the amended return, that is to be the basis of its calculation, by a rate of 35 percent.
In the case falling under paragraph (2) of the preceding Article (excluding the case where the proviso to that paragraph applies), if the taxpayer filing returns has concealed or disguised all or part of the facts that are to be the basis of calculating the taxable quantity, and, based on the facts so concealed or disguised, has failed to file a return by the deadline for filing, or has filed a return after the deadline for filing, filed an amended return, or filed a written request for reassessment, the prefectural governor must collect, in place of the amount of the additional charge for failure to file prescribed in that paragraph, an amount of substantial additional charge equivalent to the amount calculated by multiplying the tax amount that is to be the basis of its calculation by a rate of 40 percent.
In the case falling under the preceding two paragraphs, if any of the following items applies (item (i) only, in the case falling under paragraph (1)), the amount of substantial additional charge prescribed in the preceding two paragraphs is, notwithstanding those provisions, the amount obtained by adding, to the amount calculated under those provisions, the amount calculated by multiplying by a rate of 10 percent, in the case falling under paragraph (1), the tax deficiency resulting from the reassessment, or the tax amount increased by the amended return, that is to be the basis of calculation prescribed in that paragraph, and in the case falling under the preceding paragraph, the tax amount that is to be the basis of calculation prescribed in that paragraph:
in the case where an additional charge for failure to file, etc. has been collected with respect to the tobacco tax during the period going back five years from the day preceding the day on which, based on the facts that are to be the basis of calculating the taxable quantity prescribed in the preceding two paragraphs and that have been concealed or disguised, a return was filed after the deadline for filing, an amended return was filed, or a reassessment or determination was made under Article 74-20, paragraphs (1) to (3);
in the case where a specified additional charge for failure to file, etc. has been collected with respect to tobacco tax for which tax liability arose in the year preceding, or the year before the previous year, the year that includes the day on which tax liability arose for the tobacco tax relating to the filing of a return after the deadline for filing, the filing of an amended return, or a reassessment or determination under Article 74-20, paragraphs (1) to (3), or where it is found that a determination should be made regarding a specified additional charge for failure to file, etc.
申告書の提出期限後のその提出、修正申告書の提出又は第七十四条の二十第一項から第三項までの規定による更正若しくは決定に係るたばこ税の納税義務が成立した日の属する年の前年及び前々年に納税義務が成立したたばこ税について、特定不申告加算金等を徴収されたことがあり、又は特定不申告加算金等に係る決定をすべきと認める場合
In the case falling under the preceding three paragraphs, if there are grounds prescribed in the proviso to paragraph (1) or in paragraph (6) of the preceding Article for the filing of the return or amended return, the prefectural governor does not collect the amount of substantial additional charge calculated on the basis of the tax amount to be paid by that filing or the tax amount increased by that amended return.
When the prefectural governor has determined the amount of substantial additional charge to be collected under paragraph (1) or (2), the governor must notify the taxpayer filing returns without delay.
Subsection 3 Demand for Payment and Delinquent Tax Collection Procedures
第三款 督促及び滞納処分
Article 74-25Demand for Payment Concerning the Tobacco Tax
第七十四条の二十五(たばこ税に係る督促)
If a taxpayer filing returns or a taxpayer fails to pay in full the local government levies relating to the tobacco tax by the due date for payment (if a reassessment or determination has been made under Article 74-20, paragraphs (1) to (3), the due date for payment under Article 74-21, paragraph (1); the same applies hereinafter in this paragraph and in Article 74-27, paragraph (3)), a prefectural tax collection official must issue a demand letter within 20 days after the due date for payment; provided, however, that this does not apply in the case of advance collection.
申告納税者又は納税者が納期限(第七十四条の二十第一項から第三項までの規定による更正又は決定があつた場合には、第七十四条の二十一第一項の納期限。以下この項及び第七十四条の二十七第三項において同じ。)までにたばこ税に係る地方団体の徴収金を完納しない場合には、道府県の徴税吏員は、納期限後二十日以内に、督促状を発しなければならない。ただし、繰上徴収をする場合は、この限りでない。
A prefecture with special circumstances may, by Prefectural Ordinance of that prefecture, provide for a period different from the period prescribed in the preceding paragraph.
特別の事情がある道府県においては、当該道府県の条例で、前項に規定する期間と異なる期間を定めることができる。
Article 74-26Demand Fee Concerning the Tobacco Tax
第七十四条の二十六(たばこ税に係る督促手数料)
A prefectural tax collection official may, if the official has issued a demand letter, collect a fee as provided by Prefectural Ordinance of that prefecture.
道府県の徴税吏員は、督促状を発した場合には、当該道府県の条例で定めるところにより、手数料を徴収することができる。
Article 74-27Delinquent Tax Collection Procedures Concerning the Tobacco Tax
第七十四条の二十七(たばこ税に係る滞納処分)
If a person delinquent in payment of the tobacco tax falls under any one of the following items, a prefectural tax collection official must seize the property of the person delinquent in payment with respect to the local government levies relating to that tobacco tax:
if the person delinquent in payment has received a demand and has not paid in full the local government levies relating to the tobacco tax subject to that demand by the day on which 10 days have elapsed, counting from the date on which the demand letter was issued;
if the person delinquent in payment has not paid in full the local government levies relating to the tobacco tax by the due date for payment specified by the notice concerning advance collection.
Where the provisions of the preceding paragraph are applied to a secondary taxpayer or a guarantor, the phrase "demand letter" in item (i) of that paragraph is deemed to be replaced with "written reminder to pay".
If, by the day on which the 10 days prescribed in paragraph (1), item (i) have elapsed after the due date for payment of the local government levies relating to the tobacco tax, a fact falling under any one of the items of Article 13-2, paragraph (1) has arisen with respect to a person delinquent in payment who has received a demand, a prefectural tax collection official may seize that person's property immediately.
If a compulsory liquidation procedure has been carried out with respect to the property of a person delinquent in payment, a prefectural tax collection official must make a request for share distribution to the enforcement agency (in the case of a request for share distribution of local government levies relating to the tobacco tax for a claim set forth in Article 114, item (i) of the Bankruptcy Act, the court handling the bankruptcy case relating to that request for share distribution) with respect to the delinquent local government levies relating to the tobacco tax.
When a prefectural tax collection official is able to make a seizure under paragraphs (1) through (3), and property of a person delinquent in payment set out in the items of Article 86, paragraph (1) of the National Tax Collection Act has already been seized in a delinquent tax collection procedure for other local government levies or national taxes, or by a disposition governed by the rules of those delinquent tax collection procedures, the request for share distribution for that property may be made by participatory seizure.
道府県の徴税吏員は、第一項から第三項までの規定により差押えをすることができる場合において、滞納者の財産で国税徴収法第八十六条第一項各号に掲げるものにつき、既に他の地方団体の徴収金若しくは国税の滞納処分又はこれらの滞納処分の例による処分による差押えがされているときは、当該財産についての交付要求は、参加差押えによりすることができる。
In addition to what is provided for in the preceding paragraphs, delinquent tax collection procedures for the local government levies relating to tobacco tax are carried out in accordance with the rules for the delinquent tax collection procedure under the National Tax Collection Act.
Dispositions under the preceding paragraphs may also be carried out outside the area of the prefecture concerned.
前各項の規定による処分は、当該道府県の区域外においても行うことができる。
Article 74-28Offenses Relating to Delinquent Tax Collection Procedures for Tobacco Tax
第七十四条の二十八(たばこ税に係る滞納処分に関する罪)
If a taxpayer filing returns or a taxpayer of tobacco tax, with the purpose of evading the execution of delinquent tax collection procedures, conceals or damages the property of the person, disposes of it to the detriment of the prefecture, or commits an act of falsely increasing the burdens on that property, or alters its existing condition and thereby diminishes the value of that property or commits an act of increasing the expenses for the delinquent tax collection procedure relating to it, that person is to be punished by imprisonment for not more than three years or a fine of not more than 2,500,000 yen, or both.
The same applies as in the preceding paragraph where a third party in possession of the property of a taxpayer filing returns or a taxpayer commits the act referred to in that paragraph for the purpose of enabling the taxpayer filing returns or taxpayer to evade the execution of delinquent tax collection procedures.
A person who, knowing the circumstances, becomes the counterparty of a taxpayer filing returns or a taxpayer, or of a third party in possession of his or her property, in an act referred to in the preceding two paragraphs, and commits the violation as that counterparty, is to be punished by imprisonment for not more than two years or a fine of not more than 1,500,000 yen, or both.
If a representative of a corporation, or an agent, employee or other worker of a corporation or a person, commits a violation prescribed in the preceding three paragraphs in connection with the business or property of that corporation or person, then in addition to punishing the offender, the fine prescribed in the relevant paragraphs is imposed on that corporation or person.
法人の代表者又は法人若しくは人の代理人、使用人その他の従業者がその法人又は人の業務又は財産に関して前三項の違反行為をした場合には、その行為者を罰するほか、その法人又は人に対し、当該各項の罰金刑を科する。
第七十四条の二十九(国税徴収法の例によるたばこ税に係る滞納処分に関する検査拒否等の罪)
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, in the case referred to in Article 74-27, paragraph (6), the person fails to answer or makes a false statement in response to a question by a prefectural tax collection official conducted in accordance with the provisions of Article 141 of the National Tax Collection Act;
第七十四条の二十七第六項の場合において、国税徴収法第百四十一条の規定の例により行う道府県の徴税吏員の質問に対して答弁をせず、又は偽りの陳述をしたとき。
if, in the case referred to in Article 74-27, paragraph (6), the person refuses, obstructs or evades an inspection by a prefectural tax collection official, conducted in accordance with the provisions of Article 141 of the National Tax Collection Act, of books and documents (meaning the books and documents prescribed in that Article; the same applies in the following item) or other articles;
第七十四条の二十七第六項の場合において、国税徴収法第百四十一条の規定の例により行う道府県の徴税吏員の帳簿書類(同条に規定する帳簿書類をいう。次号において同じ。)その他の物件の検査を拒み、妨げ、又は忌避したとき。
if, in the case referred to in Article 74-27, paragraph (6), the person, without justifiable grounds, fails to comply with a request by a prefectural tax collection official for the presentation or submission of articles, made in accordance with the provisions of Article 141 of the National Tax Collection Act, or presents or submits books and documents or other articles (including copies thereof) containing false entries or records.
第七十四条の二十七第六項の場合において、国税徴収法第百四十一条の規定の例により行う道府県の徴税吏員の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じず、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。
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.
第七十四条の三十(国税徴収法の例によるたばこ税に係る滞納処分に関する虚偽の陳述の罪)
In the case referred to in Article 74-27, paragraph (6), a person who makes a false statement on a matter to be stated to the prefectural governor in accordance with the provisions of Article 99-2 of the National Tax Collection Act (including as applied mutatis mutandis pursuant to Article 109, paragraph (4) of that Act) is to be punished by imprisonment for not more than six months or a fine of not more than 500,000 yen.
第七十四条の二十七第六項の場合において、国税徴収法第九十九条の二(同法第百九条第四項において準用する場合を含む。)の規定の例により道府県知事に対して陳述すべき事項について虚偽の陳述をした者は、六月以下の拘禁刑又は五十万円以下の罰金に処する。
tax collection officialmachine translation
「徴税吏員」
A prefectural governor (道府県知事) or a prefectural employee the governor has delegated, or a mayor of a municipality (市町村長) or a municipal employee the mayor has delegated.
Defined inArticle 1, paragraph (1), item (iii)· applies throughout the law
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
secondary taxpayermachine translation
「第二次納税義務者」
A person who has a secondary tax liability (第二次納税義務) under Articles 11-2 to 11-10 or Article 12-2, paragraph 2 or 3 for local tax collection money (地方団体の徴収金) owed by a taxpayer or special collector (特別徴収義務者), from whom the head of the local government collects it by a written notice stating the amount, the deadline and the place of payment.
Short name set inArticle 11, paragraph (1)
compulsory liquidation proceduremachine translation
「強制換価手続」
Any procedure that sells a debtor's property by force: delinquent tax collection (滞納処分) and procedures run in the same way, compulsory execution, auction to enforce a security interest, enforcement of an enterprise mortgage (企業担保権) or of an enterprise value charge (企業価値担保権), and bankruptcy.
Short name set inArticle 13-2, paragraph (1), item (i)
enforcement agencymachine translation
「執行機関」
An administrative body or other person carrying out a delinquent tax collection procedure (滞納処分), a court (or, in small-claims enforcement under Article 167-2, paragraph 2 of the Civil Enforcement Act, a court clerk), a court execution officer (執行官) or a bankruptcy trustee (破産管財人).
Defined inArticle 13-3, paragraph (2)
tobacco taxmachine translation
「たばこ税」
In the section of the Local Tax Act on it, the prefectural tobacco tax (道府県たばこ税), the tax a prefecture levies on manufactured tobacco (製造たばこ).
Short name set inArticle 74, paragraph (1)· applies only in this section
taxpayer filing returnsmachine translation
「申告納税者」
From Article 74-10 to the end of the section on the prefectural tobacco tax (道府県たばこ税), a person who must file and pay the tobacco tax under Article 74-9, and who must each month file a return of the previous month's taxable quantities and tax with the prefectural governor and pay the tax.
Short name set inArticle 74-10, paragraph (1)· applies only in this section
taxable quantitymachine translation
「課税標準数量」
For a person who files a return for and pays tobacco tax (たばこ税), the total count, brand by brand, of the manufactured tobacco (製造たばこ) forming the tax base that was sold from retail sellers' shops, or sold or consumed from wholesale sellers' premises, in the prefecture or municipality during the previous month.
Short name set inArticle 74-10, paragraph (1)· applies only in this section
taxpayermachine translation
「納税者」
A taxpayer who must pay prefectural tobacco tax (たばこ税) collected by ordinary collection (普通徴収).
Short name set inArticle 74-13, paragraph (2)· applies only in this section
amended returnmachine translation
「修正申告書」
In the Section on the prefectural tobacco tax (道府県たばこ税), an amended return under Article 74-12, paragraph 2, which a taxpayer files with the prefectural governor where the taxable quantity or tax in an earlier return, correction (更正) or determination (決定) was too low.
Short name set inArticle 74-20, paragraph (1)· applies only in this section
returnmachine translation
「申告書」
From Article 74-20 to the end of the section on the prefectural tobacco tax (道府県たばこ税), the return under Article 74-10, paragraph 1, 2, 3 or 5, which the prefectural governor corrects where the tax base quantity, tax or refund in it differs from the governor's own investigation.
Short name set inArticle 74-20, paragraph (1)· applies only in this section
tax deficiencymachine translation
「不足税額」
The tax found to be short on a reassessment (更正), or the tax fixed by a determination (決定).
Defined inArticle 74-21, paragraph (1)· applies only in this section
additional charge for failure to file, etc.machine translation
「不申告加算金等」
An additional charge for failure to file (不申告加算金) or a substantial additional charge (重加算金) collected on the tax the provision concerns, leaving out an additional charge for failure to file covered by the next paragraph (in Article 72-46, one collected in the cases that paragraph lists).
Short name set inArticle 74-23, paragraph (5), item (i)· applies only in this provision and in Article 74-24, paragraph (3), item (i)
specified additional charge for failure to file, etc.machine translation
「特定不申告加算金等」
An additional charge for failure to file (不申告加算金), or a substantial additional charge (重加算金) of the kind the following Article's paragraph 2 provides, on the same tax for the two years before the year in which the tax liability, or business year, of the late return, amended return, reassessment or determination at issue arose, that was collected or that the local government finds should be decided.
Short name set inArticle 74-23, paragraph (5), item (ii)· applies only in this item and in Article 74-24, paragraph (3), item (ii)
written request for reassessmentmachine translation
「更正請求書」
The written request for reassessment that Article 20-9-3, paragraph 3 requires a person making a request for reassessment (更正の請求) to submit to the head of the local government (地方団体の長), stating the corrected tax base or tax amount, the reasons for the request, the circumstances that led to it in detail, the tax and refund amounts before the correction and other relevant matters.
Short name set inArticle 74-24, paragraph (1)· applies only in this provision and in Article 74-24, paragraph (2)
books and documentsmachine translation
「帳簿書類」
The books and documents on a delinquent taxpayer's property that Article 141 of the National Tax Collection Act names, including the electronic records (電磁的記録) made or kept in their place.
Defined inArticle 74-29, paragraph (1), item (ii)· applies only in this provision and in Article 74-29, paragraph (1), item (iii)
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.