Subsection 1 Common Provisions
第一款 通則
Article 145Meanings of the Terms Relating to Automobile Tax
第百四十五条(自動車税に関する用語の意義)
For the purposes of automobile tax, "motor vehicle" means, among the motor vehicles prescribed in Article 2, paragraph (2) of the Road Transport Vehicle Act (Act No. 185 of 1951), standard-sized motor vehicles prescribed in Article 3 of that Act and, among the small-sized motor vehicles prescribed in that Article, those with three or more wheels.
自動車税について、「自動車」とは、道路運送車両法(昭和二十六年法律第百八十五号)第二条第二項に規定する自動車のうち、同法第三条に規定する普通自動車及び同条に規定する小型自動車のうち三輪以上のものをいう。
Article 146Persons Liable for Automobile Tax, etc.
第百四十六条(自動車税の納税義務者等)
Automobile tax is imposed on motor vehicles, in the prefecture in which their principal storage location is situated, on their owners.
Where the owner of a motor vehicle is a person on whom automobile tax cannot be imposed under Article 148, paragraph (1), automobile tax is imposed on the user of that motor vehicle, notwithstanding the preceding paragraph. However, this does not apply to a motor vehicle used for official or public purposes.
Article 147Deemed Imposition of Automobile Tax
第百四十七条(自動車税のみなす課税)
Where, in a sales contract for a motor vehicle, the seller reserves ownership of that motor vehicle, automobile tax is imposed by deeming the buyer to be the owner of the motor vehicle.
Where there is a change of buyer with respect to a motor vehicle under a sales contract to which the provisions of the preceding paragraph apply, automobile tax is imposed by deeming the person who newly becomes the buyer to be the owner of the motor vehicle.
Article 148Non-Taxation of Automobile Tax on the State, etc.
第百四十八条(国等に対する自動車税の非課税)
A prefecture may not impose automobile tax on the State, tax-exempt incorporated administrative agencies, national university corporations, etc., the Japan Pension Service and the Japan Institute for Health Security, or on prefectures, municipalities, special wards, unions of these, property wards, special merger districts and local incorporated administrative agencies.
A prefecture may not impose automobile tax on those, among the motor vehicles owned by the Japanese Red Cross Society, that are ambulances and the like used directly for its principal business and are specified by Prefectural Ordinance.
道府県は、日本赤十字社が所有する自動車のうち直接その本来の事業の用に供する救急自動車その他これに類するもので道府県の条例で定めるものに対しては、自動車税を課することができない。
A prefecture may not impose automobile tax on motor vehicles for official use among those owned by the armed forces of a contracting state (meaning the armed forces of that contracting state located within Japan (meaning the area where this Act is enforced) in connection with activities that Japan and that contracting state mutually decide on and carry out with the consent of Japan under a facilitation agreement (meaning, of the treaties and other international agreements between Japan and a contracting state concerning the facilitation of mutual access and cooperation between the Self-Defense Forces of Japan and the armed forces of that contracting state other than Japan that provide for matters concerning exemption from Japanese taxes, those specified by Cabinet Order)).
道府県は、締約国軍隊(円滑化協定(我が国の自衛隊と我が国以外の締約国の軍隊との間における相互のアクセス及び協力の円滑化に関する我が国と当該締約国との間の条約その他の国際約束であつて我が国の租税の免除に関する事項について定めるもののうち政令で定めるものをいう。)に基づいて、我が国の同意を得て、我が国及び当該締約国が相互に決定して実施する活動に関連して国内(この法律の施行地をいう。)に所在する当該締約国の軍隊をいう。)が所有する自動車のうち公用に供するものに対しては、自動車税を課することができない。
第百四十九条(徴税吏員の自動車税に関する調査に係る質問検査権)
A prefectural tax collection official may, where necessary for an examination concerning the assessment and collection of automobile tax, question the following persons, or inspect the books and documents relating to the business of a person listed in item (i) or item (ii) (including, where electronic or magnetic records have been created or retained in lieu of the creation or retention of those books and documents, those electronic or magnetic records (meaning records made in electronic form, magnetic form or any other form not perceivable by human senses and used for information processing by computers); the same applies in items (i) and (ii) of paragraph (1) of the following Article) and other articles, or request the presentation or submission of those articles (including copies thereof).
a person liable for tax or a person found to have tax liability;
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 listed in the preceding item;
前号に掲げ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 automobile tax.
前二号に掲げる者以外の者で当該自動車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 (meaning a corporation that has received a transfer of assets and liabilities from a splitting corporation by a company split; the same applies hereinafter in this paragraph) pertaining to a company split in which a person listed in item (i) of the preceding paragraph is the splitting corporation (meaning a corporation that has transferred its assets and liabilities by a company split; the same applies hereinafter in this paragraph), and a splitting corporation pertaining to a company split in which a person listed in that item is the successor corporation in a company split, are to be included in the persons found to be under an obligation to provide money or goods prescribed in item (ii) of the preceding paragraph.
In the case referred to in paragraph (1), the tax collection official in question must carry an identification card certifying the official's status and present it when requested by a person concerned.
A prefectural tax collection official may, as provided by Cabinet Order, retain the articles submitted pursuant to the provisions of paragraph (1).
With regard to examinations relating to the delinquent tax collection procedure for automobile tax, notwithstanding the provisions of paragraph (1), the matters provided for in Article 168, paragraph (6) apply.
The authority of a prefectural tax collection official under paragraph (1) or (4) must not be construed as having been granted for the purpose of a criminal investigation.
Article 150Offenses Relating to Refusal of Inspection, etc. Concerning Automobile Tax
第百五十条(自動車税に係る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。
where the person refuses, obstructs or evades an inspection by a tax collection official of books and documents or other articles under paragraph (1) of the preceding Article;
where the person, without justifiable grounds, fails to comply with a request by a tax collection official under paragraph (1) of the preceding Article for the presentation or submission of articles, or presents or submits books and documents or other articles (including copies thereof) containing false entries or records;
where the person fails to answer, or gives a false answer, in response to questions by a tax collection official under paragraph (1) of the preceding Article.
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.
Article 151Tax Agent for Automobile Tax
第百五十一条(自動車税の納税管理人)
Where a person liable for automobile tax has no address, residence, office or place of business (hereinafter in this paragraph referred to as "address, etc.") in the prefecture in which the person bears tax liability, the person must, in order to have all matters concerning tax payment handled, either designate a tax agent from among persons who have an address, etc. within an area specified by the Prefectural Ordinance of that prefecture and report this to the prefectural governor, or apply to the prefectural governor for approval of designating as a tax agent a person who has an address, etc. outside that area and is in a convenient position to handle those matters, and obtain that approval. The same applies when changing or intending to change a tax agent.
自動車税の納税義務者は、納税義務を負う道府県内に住所、居所、事務所又は事業所(以下この項において「住所等」という。)を有しない場合には、納税に関する一切の事項を処理させるため、当該道府県の条例で定める地域内に住所等を有する者のうちから納税管理人を定めてこれを道府県知事に申告し、又は当該地域外に住所等を有する者のうち当該事項の処理につき便宜を有するものを納税管理人として定めることについて道府県知事に申請してその承認を受けなければならない。納税管理人を変更し、又は変更しようとする場合も、同様とする。
Notwithstanding the provisions of the preceding paragraph, a person liable for tax is not required to designate a tax agent if the person has applied to the prefectural governor for, and received, a certification that there is no impediment to ensuring the collection of the automobile tax pertaining to that person liable for tax.
前項の規定にかかわらず、当該納税義務者は、当該納税義務者に係る自動車税の徴収の確保に支障がないことについて道府県知事に申請してその認定を受けたときは、納税管理人を定めることを要しない。
Article 152Offenses Relating to False Reports, etc. Concerning Tax Agents for Automobile Tax
第百五十二条(自動車税の納税管理人に係る虚偽の申告等に関する罪)
If a person makes a false report concerning a tax agent to be reported under the provisions of paragraph (1) of the preceding Article, or obtains the approval under that paragraph or the certification under paragraph (2) of that Article by deceit or other wrongful means, the person who committed the violation is to be punished by a fine of not more than 300,000 yen.
Where a representative of a corporation, or an agent, employee or other worker of a corporation or person, has committed a violation under the preceding paragraph in connection with the business or property of that corporation or person, in addition to punishing the offender, the penalty prescribed in that paragraph is to be imposed on that corporation or person.
Article 153Non-Penal Fines Relating to Failure to Report a Tax Agent for Automobile Tax
第百五十三条(自動車税の納税管理人に係る不申告に関する過料)
A prefecture may, with regard to a person liable for automobile tax who has not received the certification under Article 151, paragraph (2) and has not received the approval under paragraph (1) of that Article, and who fails without justifiable grounds to report the tax agent to be reported under that paragraph, establish a provision in the Prefectural Ordinance of that prefecture imposing a non-penal fine of not more than 100,000 yen on that person.
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
national university corporations, etc.machine translation
「国立大学法人等」
National university corporations (国立大学法人) and inter-university research institute corporations (大学共同利用機関法人).
Defined inArticle 25, paragraph (1), item (i)
tax-exempt incorporated administrative agencymachine translation
「非課税独立行政法人」
An incorporated administrative agency (独立行政法人) whose capital is by law wholly contributed by the State, or a similar one, all of whose operations were taken over from the State and which the Minister for Internal Affairs and Communications (総務大臣) has designated.
Defined inArticle 25, paragraph (1), item (i)
motor vehiclemachine translation
「自動車」
A motor vehicle as defined in Article 2, paragraph 2 of the Road Transport Vehicle Act that is an ordinary motor vehicle (普通自動車), or a small motor vehicle (小型自動車) with three or more wheels, as Article 3 of that Act classes them.
Defined inArticle 145, paragraph (1)
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 149, paragraph (2)· applies only in this paragraph
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 149, paragraph (2)· applies only in this paragraph
address, etc.machine translation
「住所等」
An address (住所), residence (居所), office (事務所) or place of business (事業所) of a taxpayer or special collector (特別徴収義務者) in the prefecture; one with none there must appoint a tax administrator (納税管理人) to handle its tax affairs.
Short name set inArticle 151, paragraph (1)· applies only in this paragraph
ownermachine translation
「所有者」
In Article 702, paragraph 1 on city planning tax (都市計画税), the person who is treated as, or deemed to be, the owner of the land or house for fixed assets tax (固定資産税) under Article 343 (other than its paragraphs 3, 9 and 10).
Defined inArticle 702, paragraph (2)
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.