第七百二十三条(納期限後に納付し、又は申告納入する水利地益税等の延滞金)
Where a taxpayer or special collection agent of water utilization and land benefit tax, etc. pays the tax or remits the remittance after the due date for payment (where the due date for payment has been extended, the extended due date for payment; the same applies hereinafter with regard to water utilization and land benefit tax, etc.), the taxpayer or special collection agent must pay or remit it with an amount of delinquency charge equivalent to the amount calculated by multiplying the tax amount or amount of remittance by a rate of 14.6 percent per annum (7.3 percent per annum for the period up to the day on which one month has elapsed from the day following that due date for payment), according to the number of days in the period from the day following the due date for payment to the day of payment or remittance, added to it.
Where the head of the local government finds that there are unavoidable grounds for a taxpayer or special collection agent not having paid the tax or not having remitted the remittance by the due date for payment, the head may reduce or exempt the amount of delinquency charge under the preceding paragraph.
Where a person has evaded all or part of water utilization and land benefit tax, etc. by deception or other wrongful acts, 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 1,000,000 yen, or both.
偽りその他不正の行為により水利地益税等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、三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 a person has failed to remit all or part of the remittance relating to water utilization and land benefit tax, etc. that is to be collected and remitted pursuant to the provisions of Article 718, paragraph (2) or Article 718-4 (including as applied mutatis mutandis pursuant to Article 718-6, Article 718-7, paragraph (3) or Article 718-8, paragraph (3)), 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 1,000,000 yen, or both.
第七百十八条第二項又は第七百十八条の四(第七百十八条の六、第七百十八条の七第三項又は第七百十八条の八第三項において準用する場合を含む。)の規定により徴収して納入すべき水利地益税等に係る納入金の全部又は一部を納入しなかつたときは、その違反行為をした者は、三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 under paragraph (1) or the amount not remitted under the preceding paragraph exceeds 1,000,000 yen, depending on the circumstances the amount of the fine under each of those paragraphs may, notwithstanding those provisions, be an amount exceeding 1,000,000 yen that is not more than the amount equivalent to the amount of tax evaded or the amount not remitted.
In addition to what is prescribed in paragraph (1), where a person has evaded all or part of water utilization and land benefit tax, etc. by failing to file a return or make a report on the matters to be filed or reported under the provisions of Article 714, 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, 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), (2) or (4) 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.
No English for this paragraph yet.
削除
Article 726Demand for Payment of Water Utilization and Land Benefit Tax, etc.
第七百二十六条(水利地益税等に係る督促)
Where a taxpayer or special collection agent has not paid in full, by the due date for payment (where a reassessment or determination has been made, the due date for payment of the shortfall amount; the same applies hereinafter with regard to water utilization and land benefit tax, etc.), the local government levies relating to water utilization and land benefit tax, etc., a 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 carried out.
A local government with special circumstances may specify, by Prefectural or Municipal Ordinance of the local government concerned, a period different from the period prescribed in the preceding paragraph.
Article 727Demand Fee for Water Utilization and Land Benefit Tax, etc.
第七百二十七条(水利地益税等に係る督促手数料)
Where a tax collection official has issued a demand letter, the official may collect a fee as provided by the Prefectural or Municipal Ordinance of the local government concerned.
When a person delinquent in payment of water utilization and land benefit tax, etc. falls under any one of the following items, a tax collection official of the local government must seize the property of the person delinquent in payment with respect to the local government levies relating to that water utilization and land benefit tax, etc.:
when the person delinquent in payment has received a demand and has not paid in full, by the day on which 10 days have elapsed from the day on which the demand letter was issued, the local government levies relating to water utilization and land benefit tax, etc. that are the subject of the demand;
when the person delinquent in payment has not paid in full the local government levies relating to water utilization and land benefit tax, etc. by the due date for payment designated by the notice of advance collection.
Where 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 for payment or remittance."
Where, after the due date for payment of local government levies relating to water utilization and land benefit tax, etc., and by the day on which the 10 days prescribed in paragraph (1), item (i) have elapsed, 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 tax collection official of the local government may immediately seize the property.
Where compulsory liquidation procedures have been carried out with respect to the property of a person delinquent in payment, a tax collection official of the local government must make a request for share distribution, with respect to the local government levies relating to the delinquent water utilization and land benefit tax, etc., to the enforcement agency (in the case of making a request for share distribution of local government levies relating to water utilization and land benefit tax, etc. arising from a claim listed in Article 114, item (i) of the Bankruptcy Act, the court handling the bankruptcy case relating to that request for share distribution).
Where a tax collection official of a local government is able to carry out seizure under the provisions of paragraphs (1) to (3), if property of the person delinquent in payment that is listed in the items of Article 86, paragraph (1) of the National Tax Collection Act has already been seized by the delinquent tax collection procedure for other local government levies or national taxes, or by a disposition carried out in accordance with the rules of such delinquent tax collection procedures, the request for share distribution for that property may be made by participatory seizure.
地方団体の徴税吏員は、第一項から第三項までの規定により差押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、すで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、参加差押によりすることができる。
Where delinquent tax collection procedures are carried out for national health insurance tax collected under the provisions of Article 706-2, property may not be realized until the day on which the amount of national health insurance tax for the fiscal year concerned is finalized.
第七百六条の二の規定によつて徴収する国民健康保険税について滞納処分を行う場合においては、当該年度分の国民健康保険税額が確定する日までの間は、財産の換価は、することができない。
In addition to what is provided for in the preceding paragraphs, delinquent tax collection procedures for local government levies relating to water utilization and land benefit tax, etc. are carried out in accordance with the rules for the delinquent tax collection procedure under the National Tax Collection Act.
The dispositions under the provisions of paragraphs (1) to (5) and the preceding paragraph may also be carried out outside the area of the local government concerned.
第一項から第五項まで及び前項の規定による処分は、当該地方団体の区域外においても行うことができる。
第七百二十九条(水利地益税等に係る滞納処分に関する罪)
Where a taxpayer or special collection agent of water utilization and land benefit tax, etc., for the purpose of evading the execution of delinquent tax collection procedures, conceals or damages property, disposes of it to the detriment of the local government, falsely increases the burden on it, or alters its current state, thereby reducing the value of the property or increasing the expenses for the delinquent tax collection procedure relating to it, the 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 under the preceding paragraph where a third party in possession of the property of a taxpayer or special collection agent commits the act set forth in the preceding paragraph for the purpose of enabling the taxpayer or special collection agent to evade the execution of the delinquent tax collection procedure.
A person who, knowing the circumstances, becomes the counterparty to an act under the preceding two paragraphs by a taxpayer or special collection agent or by a third party in possession of the property, and thereby commits 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。
第七百三十条(国税徴収法の例による水利地益税等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 of Article 728, paragraph (7), if the person fails to answer, or makes a false statement in response to, questions put by a tax collection official of a local government in accordance with the rules of Article 141 of the National Tax Collection Act;
第七百二十八条第七項の場合において、国税徴収法第百四十一条の規定の例により行う地方団体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。
in the case of Article 728, paragraph (7), if the person refuses, obstructs or evades an inspection by a tax collection official of a local government, conducted in accordance with the rules of Article 141 of the National Tax Collection Act, 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;
第七百二十八条第七項の場合において、国税徴収法第百四十一条の規定の例により行う地方団体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。
in the case of Article 728, paragraph (7), if the person, without justifiable grounds, fails to comply with a request by a tax collection official of a local government, made in accordance with the rules of Article 141 of the National Tax Collection Act, to present or submit articles, or presents or submits books and documents or other articles (including copies thereof) containing false entries or records.
第七百二十八条第七項の場合において、国税徴収法第百四十一条の規定の例により行う地方団体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.
第七百三十条の二(国税徴収法の例による水利地益税等に係る滞納処分に関する虚偽の陳述の罪)
A person who, in the case of Article 728, paragraph (7), has made a false statement on matters to be stated to the head of the local government in accordance with the rules 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.
第七百二十八条第七項の場合において、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。)の規定の例により地方団体の長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。
local governmentmachine translation
「地方団体」
A prefecture (道府県) or a municipality (市町村).
Defined inArticle 1, paragraph (1), item (i)· applies throughout the law
head of a local governmentmachine translation
「地方団体の長」
The governor of a prefecture (道府県知事) or the mayor of a municipality (市町村長).
Defined inArticle 1, paragraph (1), item (ii)· applies throughout the law
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
remittancemachine translation
「納入金」
Local tax that a special collector (特別徴収義務者) collects and must pay in to the local government.
Defined inArticle 1, paragraph (1), item (xii)· 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)
water utilization and land benefit tax, etc.machine translation
「水利地益税等」
The water and land benefit tax (水利地益税), the common facilities tax (共同施設税), the residential land development tax (宅地開発税) and the national health insurance tax (国民健康保険税), which a local government collects by ordinary collection (普通徴収) or special collection (特別徴収), as its ordinance (条例) provides.
Short name set inArticle 706, paragraph (1)
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 730, paragraph (1), item (ii)· applies only in this provision and in Article 730, 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.