Article 91Substantial Additional Charges in Connection with the Golf Course Use Tax
第九十一条(ゴルフ場利用税に係る重加算金)
In the case falling under the provisions of paragraph (1) of the preceding Article, where a special collection agent has concealed or disguised all or part of the facts that are to form the basis for calculating the total number of the tax base, and has filed a return or a written request for reassessment prescribed in Article 20-9-3, paragraph (3) (referred to in the following paragraph as the "written request for reassessment") based on the facts concealed or disguised, the prefectural governor must, as provided by Cabinet Order, collect, in place of the amount of 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 shortfall amount resulting from the correction that is to form the basis of its calculation by 35 percent.
前条第一項の規定に該当する場合において、特別徴収義務者が課税標準の総数の計算の基礎となるべき事実の全部又は一部を隠蔽し、又は仮装し、かつ、その隠蔽し、又は仮装した事実に基づいて申告書又は第二十条の九の三第三項に規定する更正請求書(次項において「更正請求書」という。)を提出したときは、道府県知事は、政令で定めるところにより、前条第一項に規定する過少申告加算金額に代えて、その計算の基礎となるべき更正による不足金額に百分の三十五の割合を乗じて計算した金額に相当する重加算金額を徴収しなければならない。
In the case falling under the provisions of paragraph (2) of the preceding Article (excluding the case where the proviso to that paragraph applies), where a special collection agent has concealed or disguised all or part of the facts that are to form the basis for calculating the total number of the tax base, and, based on the facts concealed or disguised, has failed to file a return by the deadline for filing, or has filed a return after the deadline for filing, or has filed a written request for reassessment, the prefectural governor must, in place of the amount of additional charge for failure to file prescribed in that paragraph, collect an amount of substantial additional charge equivalent to the amount calculated by multiplying the amount of tax that is to form the basis of its calculation by 40 percent.
In the case falling under the preceding two paragraphs, when any of the following items applies (item (i) in the case falling under paragraph (1)), the amount of substantial additional charge prescribed in the preceding two paragraphs is, notwithstanding those paragraphs, the amount calculated under those paragraphs plus the amount calculated by multiplying, by a rate of 10 percent, in the case falling under paragraph (1), the shortfall amount due to the reassessment forming the basis for calculation prescribed in that paragraph, and in the case falling under the preceding paragraph, the tax amount forming the basis for calculation prescribed in that paragraph.
in the case where, based on the facts concealed or disguised that are to form the basis for calculating the total number of the tax base prescribed in the preceding two paragraphs, an additional charge for failure to file, etc. has been collected for the golf course use tax during the period up to the day five years before the day preceding the day on which a return was filed after the deadline for filing or a reassessment or determination under the provisions of Article 87, paragraphs (1) through (3) was made;
前二項に規定する課税標準の総数の計算の基礎となるべき事実で隠蔽し、又は仮装されたものに基づき申告書の提出期限後のその提出又は第八十七条第一項から第三項までの規定による更正若しくは決定があつた日の前日から起算して五年前の日までの間に、ゴルフ場利用税について、不申告加算金等を徴収されたことがある場合
in the case where, with regard to golf course use tax for which the special collection obligation arose in the year preceding and the year before the year in which falls the day on which the special collection obligation arose for the golf course use tax pertaining to a return filed after the deadline for filing or a reassessment or determination under the provisions of Article 87, paragraphs (1) through (3), a specified additional charge for failure to file, etc. has been collected, or it is found that a determination pertaining to a specified additional charge for failure to file, etc. should be made.
申告書の提出期限後のその提出又は第八十七条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ゴルフ場利用税の特別徴収義務が成立した日の属する年の前年及び前々年に特別徴収義務が成立したゴルフ場利用税について、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 two paragraphs, if there is a reason prescribed in paragraph (6) of the preceding Article for the filing of the return, the prefectural governor does not collect the amount of substantial additional charge calculated on the basis of the amount of tax pertaining to the remittance return.
When a prefectural governor has determined the amount of substantial additional charge to be collected under paragraph (1) or (2), the governor must notify the special collection agent of it without delay.
Subsection 3 Demand for Payment and Delinquent Tax Collection Procedures
第三款 督促及び滞納処分
Article 92Demand for the Golf Course Use Tax
第九十二条(ゴルフ場利用税に係る督促)
Where a special collection agent does not pay in full the local government levies pertaining to the golf course use tax by the due date for payment (where a reassessment or determination has been made, meaning the due date for payment of the shortfall amount; the same applies hereinafter with regard to the golf course use tax), 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 where advance collection is to be carried out.
A prefecture in special circumstances may, by a 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 93Demand Fees for the Golf Course Use Tax
第九十三条(ゴルフ場利用税に係る督促手数料)
When a prefectural tax collection official has issued a demand letter, the official may collect a fee in accordance with the Prefectural Ordinance of the prefecture concerned.
道府県の徴税吏員は、督促状を発した場合においては、当該道府県の条例の定めるところによつて、手数料を徴収することができる。
Article 94Delinquent Tax Collection Procedure for the Golf Course Use Tax
第九十四条(ゴルフ場利用税に係る滞納処分)
When a person delinquent in payment of the golf course use 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 regard to the local government levies pertaining to the golf course use tax:
when the person delinquent in payment has received a demand and has not paid in full the local government levies pertaining to the golf course use tax subject to the demand by the day on which 10 days have elapsed, counting from the day on which the demand letter was issued;
滞納者が督促を受け、その督促状を発した日から起算して十日を経過した日までにその督促に係るゴルフ場利用税に係る地方団体の徴収金を完納しないとき。
when the person delinquent in payment has not paid in full the local government levies pertaining to the golf course use tax by the due date for payment designated by the notice pertaining to advance collection.
滞納者が繰上徴収に係る告知により指定された納期限までにゴルフ場利用税に係る地方団体の徴収金を完納しないとき。
When the preceding paragraph is applied to a secondary taxpayer or guarantor, the term "demand letter" in item (i) of that paragraph is deemed to be replaced with "written reminder to remit".
Where, by the day on which the 10 days prescribed in paragraph (1), item (i) elapse after the due date for payment of the local government levies pertaining to the golf course use tax, a fact falling under any one of the items of Article 13-2, paragraph (1) arises with respect to a person delinquent in payment who has received a demand, a prefectural tax collection official may immediately seize the property.
Where a compulsory liquidation procedure is 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 (where making a request for share distribution of local government levies pertaining to the golf course use tax pertaining to a claim listed in Article 114, item (i) of the Bankruptcy Act, the court handling the bankruptcy case pertaining to the request for share distribution) for the local government levies pertaining to the golf course use tax that are in arrears.
滞納者の財産につき強制換価手続が行われた場合には、道府県の徴税吏員は、執行機関(破産法第百十四条第一号に掲げる請求権に係るゴルフ場利用税に係る地方団体の徴収金の交付要求を行う場合には、その交付要求に係る破産事件を取り扱う裁判所)に対し、滞納に係るゴルフ場利用税に係る地方団体の徴収金につき、交付要求をしなければならない。
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, the delinquent tax collection procedure for the local government levies pertaining to the golf course use tax is carried out in accordance with the rules for the delinquent tax collection procedure prescribed in 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 95Offenses Relating to the Delinquent Tax Collection Procedure for the Golf Course Use Tax
第九十五条(ゴルフ場利用税に係る滞納処分に関する罪)
If a special collection agent for the golf course use tax, with the purpose of evading the execution of the delinquent tax collection procedure, has concealed or damaged the property, or disposed of it to the detriment of the prefecture, or engaged in an act of falsely increasing the encumbrances on the property, or has altered its current state and thereby engaged in an act of reducing the value of the property or increasing the expenses for the delinquent tax collection procedure pertaining to that procedure, 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.
ゴルフ場利用税の特別徴収義務者が滞納処分の執行を免れる目的でその財産を隠蔽し、損壊し、若しくは道府県の不利益に処分し、その財産に係る負担を偽つて増加する行為をし、又はその現状を改変して、その財産の価額を減損し、若しくはその滞納処分に係る滞納処分費を増大させる行為をしたときは、その者は、三年以下の拘禁刑若しくは二百五十万円以下の罰金に処し、又はこれを併科する。
The same applies where a third party in possession of the property of a special collection agent commits an act referred to in the preceding paragraph for the purpose of enabling the special collection agent to evade the execution of a delinquent tax collection procedure.
If a person, knowing the circumstances, becomes the counterparty of the special collection agent or of the third party in possession of the property in an act referred to in the preceding two paragraphs, the person who committed the violation as the 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。
第九十六条(国税徴収法の例によるゴルフ場利用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。
in the case referred to in Article 94, paragraph (6), if the person fails to answer, or makes a false statement in response to, questions by a prefectural tax collection official conducted in accordance with the rules of the provisions of Article 141 of the National Tax Collection Act;
in the case referred to in Article 94, paragraph (6), if the person refuses, obstructs or evades an inspection by a prefectural tax collection official of books and documents (meaning the books and documents prescribed in Article 141 of the National Tax Collection Act; the same applies in the following item) or other articles, conducted in accordance with the rules of the provisions of Article 141 of the National Tax Collection Act;
in the case referred to in Article 94, paragraph (6), if the person, without justifiable grounds, fails to comply with a request by a prefectural tax collection official to present or submit articles, made in accordance with the rules of 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.
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.
第九十七条(国税徴収法の例によるゴルフ場利用税に係る滞納処分に関する虚偽の陳述の罪)
A person who, in the case referred to in Article 94, paragraph (6), has made a false statement on a matter that is to be stated to the prefectural governor in accordance with the rules of 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.
第九十四条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。
No English for this paragraph yet.
削除
Subsection 4 Distribution to Municipalities
第四款 市町村に対する交付
第百三条
A prefecture is to distribute to each municipality (including special wards; the same applies hereinafter in this Article) in the prefecture in which a golf course is located, as provided by Order of the Ministry of Internal Affairs and Communications, an amount equivalent to seven-tenths of the amount of the golf course use tax remitted to the prefecture that pertains to the golf courses located in that municipality.
道府県は、当該道府県内のゴルフ場所在の市町村(特別区を含む。以下この条において同じ。)に対し、総務省令で定めるところにより、当該道府県に納入された当該市町村に所在するゴルフ場に係るゴルフ場利用税の額の十分の七に相当する額を交付するものとする。
No English for this paragraph yet.
削除
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
special collection agentmachine translation
「特別徴収義務者」
A person obliged to collect a local tax by special collection (特別徴収) and pay it in (Article 1, paragraph 1, item 10).
Defined inArticle 1, paragraph (1), item (x)· 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)
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 90, paragraph (5), item (i)· applies only in this provision and in Article 91, 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 90, paragraph (5), item (ii)· applies only in this item and in Article 91, 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 91, paragraph (1)· applies only in this provision and in Article 91, paragraph (2)
due datemachine translation
「納期限」
For the golf course usage tax (ゴルフ場利用税), the due date for paying it in, which, where a reassessment (更正) or determination (決定) has been made, means the due date for the shortfall.
Defined inArticle 92, paragraph (1)· applies only in this provision
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 96, paragraph (1), item (ii)· applies only in this provision and in Article 96, 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.
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.