Article 158Method of Collecting Automobile Tax
第百五十八条(自動車税の徴収の方法)
Automobile tax must be collected by the method of ordinary collection.
自動車税の徴収については、普通徴収の方法によらなければならない。
The tax notice to be delivered to a taxpayer when intending to collect automobile tax by the method of ordinary collection must be delivered to the taxpayer by 10 days before the due date for payment at the latest.
With respect to the collection of automobile tax imposed under paragraph (1) of the preceding Article on a motor vehicle for which an application for new registration prescribed in Article 7, paragraph (1) of the Road Transport Vehicle Act (hereinafter in the following paragraph, the following Article and Article 160, paragraph (1) referred to as "new registration") has been made, notwithstanding paragraph (1), the method of collection by stamps must be used only where the tax liability arises during the period from after the assessment date until the last day of February of the following year.
Where a prefecture intends to collect automobile tax by the method of collection by stamps under the preceding paragraph, it must have the taxpayer pay the tax, when the taxpayer applies for new registration, by affixing stamps issued by that prefecture to the return or report to be submitted under Article 160, paragraph (1). In this case, in accordance with the Prefectural Ordinance of that prefecture, the stamps may be replaced by having an amount equivalent to the face value of the stamps indicated on a stamp fee receiving meter, or by affixing a tax-paid seal after receiving payment of cash equivalent to the face value of the stamps.
Where a taxpayer has affixed stamps under the preceding paragraph, a prefecture must clearly cancel them with the seal of that prefecture, across the paper on which the stamps are affixed and the pattern of the stamps.
道府県は、前項の規定により納税者が証紙を貼つた場合には、当該証紙を貼つた紙面と当該証紙の彩紋とにかけて当該道府県の印で判明にこれを消さなければならない。
The handling of the stamps referred to in paragraph (4) must be provided for by the Prefectural Ordinance of that prefecture.
第四項の証紙の取扱いに関しては、当該道府県の条例で定めなければならない。
Where, because of the failure to submit the return or report referred to in paragraph (4), automobile tax cannot be collected by the method of collection by stamps under paragraph (3), the collection of that automobile tax must be by the method of ordinary collection.
Article 159Special Provisions on the Method of Collecting Automobile Tax
第百五十九条(自動車税の徴収の方法の特例)
Where a taxpayer files an application for new registration under Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology using the electronic data processing system prescribed in that paragraph, and submits the return or report under paragraph (1) of the following Article either under Article 6, paragraph (1) of that Act using the electronic data processing system prescribed in that paragraph, or under Article 747-2, paragraph (1) using the electronic data processing system for local tax procedures prescribed in Article 762, item (i) and via the Local Tax Joint Organization, a prefecture may, in addition to the provisions of paragraphs (3) through (6) of the preceding Article, in accordance with the Prefectural Ordinance of that prefecture, collect the automobile tax imposed on the motor vehicle subject to that application for new registration, at the time the taxpayer files that application, by the method specified by Order of the Ministry of Internal Affairs and Communications.
道府県は、納税者が情報通信技術を活用した行政の推進等に関する法律第六条第一項の規定により同項に規定する電子情報処理組織を使用して新規登録の申請を行う場合において、同項の規定により同項に規定する電子情報処理組織を使用して、又は第七百四十七条の二第一項の規定により第七百六十二条第一号に規定する地方税関係手続用電子情報処理組織を使用し、かつ、地方税共同機構を経由して、次条第一項の規定による申告書又は報告書の提出を行うときは、前条第三項から第六項までの規定によるほか、当該道府県の条例で定めるところにより、当該納税者が当該新規登録の申請をした際に、当該新規登録の申請に係る自動車に対して課する自動車税を総務省令で定める方法により徴収することができる。
第百六十条(自動車税の賦課徴収に関する申告又は報告の義務)
A person liable for automobile tax must, where the person has applied for new registration, for change registration prescribed in Article 12, paragraph (1) of the Road Transport Vehicle Act or for transfer registration prescribed in Article 13, paragraph (1) of that Act, or in other cases specified by the Prefectural Ordinance of that prefecture, submit to the prefectural governor, in the form specified by Order of the Ministry of Internal Affairs and Communications, a return or report stating the matters necessary for the assessment and collection of automobile tax.
自動車税の納税義務者は、新規登録、道路運送車両法第十二条第一項に規定する変更登録又は同法第十三条第一項に規定する移転登録の申請をした場合その他当該道府県の条例で定める場合には、総務省令で定める様式により、自動車税の賦課徴収に関し必要な事項を記載した申告書又は報告書を道府県知事に提出しなければならない。
A seller of a motor vehicle prescribed in Article 147, paragraph (1) must, in accordance with the Prefectural Ordinance of the prefecture concerned, where the prefectural governor so requests on the ground that the address or residence of the buyer of the motor vehicle is unknown, report the address or residence of the buyer of the motor vehicle and other matters necessary for the assessment and collection of automobile tax imposed on the motor vehicle.
Article 161Offenses Relating to False Declarations, etc. Concerning Automobile Tax
第百六十一条(自動車税に係る虚偽の申告等に関する罪)
If a false return or report is made on matters to be declared or reported pursuant to the provisions of the preceding Article, 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.
前条の規定により申告し、又は報告すべき事項について虚偽の申告又は報告をしたときは、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 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 162Non-Penal Fines Relating to Failure to Make Declarations, etc. Concerning Automobile Tax
第百六十二条(自動車税に係る不申告等に関する過料)
A prefecture may establish a provision in the Prefectural Ordinance of that prefecture to the effect that a non-penal fine of 100,000 yen or less is to be imposed on a person liable for automobile tax, or on a seller of a motor vehicle prescribed in Article 147, paragraph (1), who, without justifiable grounds, fails to make a declaration or report on matters to be declared or reported under Article 160.
Article 163Offenses Relating to Evasion of Automobile Tax
第百六十三条(自動車税の脱税に関する罪)
Where the whole or part of automobile tax 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 five years or a fine of not more than 1,000,000 yen, or both.
偽りその他不正の行為により自動車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、五年以下の拘禁刑若しくは百万円以下の罰金に処し、又はこれを併科する。
Where the amount of tax evaded as referred to in the preceding paragraph exceeds 1,000,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding the provisions of that paragraph, be an amount exceeding 1,000,000 yen and not exceeding the amount equivalent to the amount of tax evaded.
In addition to what is prescribed in paragraph (1), where the whole or part of automobile tax has been evaded by failing to make a declaration or report on matters to be declared or reported under Article 160, paragraph (1), the person who committed the violation is to be punished by imprisonment for not more than three years or a fine of not more than 500,000 yen, or both.
Where the amount of tax evaded as referred to in the preceding paragraph exceeds 500,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding the provisions of that paragraph, be an amount exceeding 500,000 yen and not exceeding the amount equivalent to the amount of tax evaded.
Where a representative of a corporation, or an agent, employee or other worker of a corporation or a person, has committed a violation under paragraph (1) or (3) in connection with the business or property of that corporation or person, in addition to punishing the offender, the fines prescribed in those paragraphs are to be imposed on that corporation or person.
In the case where a fine is imposed on a corporation or individual for a violation referred to in paragraph (1) under the provisions of the preceding paragraph, the period of prescription is the same as that for the offense referred to in paragraph (1).
Article 164Reduction or Exemption of Automobile Tax
第百六十四条(自動車税の減免)
A prefectural governor may reduce or exempt automobile tax, in accordance with the Prefectural Ordinance of the prefecture concerned, only for a person who is found to need a reduction or exemption of automobile tax in the case of a natural disaster or other 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自動車税の減免を必要とすると認める者に限り、当該道府県の条例で定めるところにより、自動車税を減免することができる。
tax noticemachine translation
「納税通知書」
A document a local government draws up for local tax a taxpayer must pay, stating the Acts and the local government's ordinance (条例) provisions the tax is levied under, the taxpayer's address and name, the tax base, rate and amount, the payment periods and the amount due in each, where to pay, the steps that will be taken if the tax is not paid by the due date, and how to seek relief against the assessment.
Defined inArticle 1, paragraph (1), item (vi)· applies throughout the law
ordinary collectionmachine translation
「普通徴収」
Collecting a local tax by having a tax collection official (徴税吏員) deliver a tax notice (納税通知書) to the taxpayer.
Defined inArticle 1, paragraph (1), item (vii)· applies throughout the law
collection by stampsmachine translation
「証紙徴収」
A local government's having local tax paid with stamps (証紙) it issues, without issuing a tax notice (納税通知書).
Defined inArticle 1, paragraph (1), item (xiii)· applies throughout the law
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)
assessment datemachine translation
「賦課期日」
The assessment date of the automobile tax (自動車税), which Article 155 sets as 1 April.
Short name set inArticle 157, paragraph (1)· applies only in this article and in Article 158, paragraph (3)
new registrationmachine translation
「新規登録」
The registration of a motor vehicle not yet registered, as defined in Article 7, paragraph 1 of the Road Transport Vehicle Act, for which its owner (所有者) applies to the Minister of Land, Infrastructure, Transport and Tourism (国土交通大臣).
Short name set inArticle 158, paragraph (3)· applies only in this provision and in Article 158, paragraph (4); Article 159; and Article 160, paragraph (1)
electronic data processing system for local tax proceduresmachine translation
「地方税関係手続用電子情報処理組織」
The electronic data processing system, defined in Article 762, item 1, that links by telecommunications lines the computers of the heads of administrative organs (行政機関の長) — heads of local governments, the Minister for Internal Affairs and Communications (総務大臣), the Commissioner of the National Tax Agency (国税庁長官), regional taxation bureau commissioners, district directors of tax offices and others a Cabinet Order (政令) sets —, of the Local Tax Joint Organization (地方税共同機構), and of the persons who file returns and other notices under local tax laws or receive notices from those heads.
Defined inArticle 762, paragraph (1), item (i)· applies only in this chapter
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.