第七百三十三条の十(法定外目的税の賦課徴収に関する申告又は報告の義務)
A person liable for a non-statutory earmarked tax must, as provided by the Prefectural or Municipal Ordinance of the local government in question, declare or report the matters specified by that ordinance concerning the assessment and collection of that non-statutory earmarked tax.
Article 733-11Offenses Relating to False Declarations, etc. for Non-Statutory Earmarked Taxes
第七百三十三条の十一(法定外目的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 733-12Non-Penal Fines for Failure to Declare, etc. for Non-Statutory Earmarked Taxes
第七百三十三条の十二(法定外目的税に係る不申告等に関する過料)
If a person liable for a non-statutory earmarked tax fails, without justifiable grounds, to declare or report the matters to be declared or reported under Article 733-10, a local government may establish a provision in the Prefectural or Municipal Ordinance of that local government imposing a non-penal fine of not more than 100,000 yen on that person.
Article 733-13Reduction or Exemption of Non-Statutory Earmarked Taxes
第七百三十三条の十三(法定外目的税の減免)
The head of a local government may reduce or exempt a non-statutory earmarked tax, as provided by the Prefectural or Municipal Ordinance of the local government in question, only for persons found to need a reduction or exemption of the non-statutory earmarked tax in the case of a natural disaster or other special circumstances, persons receiving public or private assistance for living due to poverty, and other persons in special circumstances; provided, however, that this does not apply to a special collection agent.
Article 733-14Filing and Payment Procedures, etc. for Non-Statutory Earmarked Taxes
第七百三十三条の十四(法定外目的税の申告納付の手続等)
A taxpayer who is to file and pay a non-statutory earmarked tax must submit to the head of the local government, by the due date for payment specified by the Prefectural or Municipal Ordinance of the local government in question, a return stating the amount of the tax base for the period specified by that ordinance, the amount of tax and other matters specified by that ordinance, and pay the declared amount of tax to that local government.
A person who has filed a return under the preceding paragraph and who must amend the amount of the tax base or the amount of tax relating to the return after filing it must, without delay, file an amended return in the form specified by the Prefectural or Municipal Ordinance of the local government in question, and, if there is an increase in the amount of tax due to the amendment, pay it.
Article 733-15Special Collection Procedures for Non-Statutory Earmarked Taxes
第七百三十三条の十五(法定外目的税の特別徴収の手続)
Where a non-statutory earmarked tax is to be collected by special collection, a person in a convenient position to collect that non-statutory earmarked tax must be designated as a special collection agent by the Prefectural or Municipal Ordinance of the local government in question, and be made to collect it.
The special collection agent referred to in the preceding paragraph is obliged to submit to the head of the local government, by the due date for payment of the non-statutory earmarked tax, a remittance return stating the amount of the tax base, the amount of tax and other matters specified by the Prefectural or Municipal Ordinance of the local government in question for the non-statutory earmarked tax to be collected, and to remit the remittance to that local government.
With respect to the portion of the remittance remitted under the provisions of the preceding paragraph that is equivalent to tax that the taxpayer of the non-statutory earmarked tax has not paid to the special collection agent, the special collection agent has a right to reimbursement against that taxpayer.
If a special collection agent has filed a suit based on the right to reimbursement under the preceding paragraph, a tax collection official of the local government must provide evidence and other necessary assistance, except in cases involving official confidential matters.
Article 733-16Reassessment and Determination Concerning Non-Statutory Earmarked Taxes
第七百三十三条の十六(法定外目的税に係る更正及び決定)
If a remittance return under the provisions of paragraph (2) of the preceding Article (including a return under the provisions of Article 733-14, paragraph (1); the same applies hereinafter in this Section) or an amended return under the provisions of Article 733-14, paragraph (2) is filed, and the amount of the tax base or the amount of tax relating to the remittance return (including a declaration under the provisions of Article 733-14, paragraph (1); the same applies hereinafter in this Section) or the amended return differs from the findings of the examination by the head of the local government, the head of the local government may reassess it.
地方団体の長は、前条第二項の規定による納入申告書(第七百三十三条の十四第一項の規定による申告書を含む。以下本節において同じ。)又は第七百三十三条の十四第二項の規定による修正申告書の提出があつた場合において、納入申告(同条第一項の規定による申告を含む。以下本節において同じ。)又は修正申告に係る課税標準額又は税額がその調査したところと異なるときは、これを更正することができる。
Where a taxpayer or special collection agent has not submitted the remittance return referred to in the preceding paragraph, the head of a local government may, by investigation, determine the amount of the tax base and the amount of tax for which a remittance return should be filed.
The head of a local government may reassess the amount of the tax base or the amount of tax that has been reassessed or determined under the provisions of the preceding two paragraphs only where, by investigation, the head discovers that it is excessive, or discovers that it is insufficient and that the insufficiency is due to deception or other wrongful acts of the taxpayer or special collection agent.
Where the head of a local government has made a reassessment or determination under the provisions of the preceding three paragraphs, the head must notify the taxpayer or special collection agent of it without delay.
第七百三十三条の十七(法定外目的税に係る不足金額及びその延滞金の徴収)
Where a reassessment or determination has been made under the provisions of paragraphs (1) through (3) of the preceding Article and there is a shortfall amount (meaning the shortfall amount of tax or remittance due to the reassessment, or the amount of tax or amount of remittance due to the determination; the same applies hereinafter in this Section), a tax collection official of the local government must collect it with the day on which one month has passed from the day of the notification under paragraph (4) of that Article as the due date for payment.
地方団体の徴税吏員は、前条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おいて、不足金額(更正による税金若しくは納入金の不足金額又は決定による税額若しくは納入金額をいう。以下本節において同じ。)があるときは、同条第四項の通知をした日から一月を経過した日を納期限として、これを徴収しなければならない。
In the case referred to in the preceding paragraph, an amount of delinquency charge equal to the amount calculated by multiplying the shortfall amount by a rate of 14.6 percent per annum (7.3 percent per annum for the period up to the due date for payment referred to in the preceding paragraph or the period until the day on which one month has passed 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 under Article 733-14, paragraph (1) or Article 733-15, paragraph (2) (where the due date for payment has been extended, the extended due date for payment; the same applies hereinafter in this Section) to the day of payment or remittance, must be added and collected.
前項の場合においては、その不足金額に第七百三十三条の十四第一項又は第七百三十三条の十五第二項の納期限(納期限の延長があつたときは、その延長された納期限とする。以下本節において同じ。)の翌日から納付又は納入の日までの期間の日数に応じ、年十四・六パーセント(前項の納期限までの期間又は当該納期限の翌日から一月を経過する日までの期間については、年七・三パーセント)の割合を乗じて計算した金額に相当する延滞金額を加算して徴収しなければならない。
Where the head of a local government finds that there are unavoidable grounds for a taxpayer or special collection agent having received the reassessment or determination under the provisions of paragraph (1) or (2) of the preceding Article, the head may reduce or exempt the amount of delinquency charge referred to in the preceding paragraph.
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
filing and paymentmachine translation
「申告納付」
A way of collecting a local tax in which the taxpayer declares the tax base and the amount of tax due and pays the tax so declared.
Defined inArticle 1, paragraph (1), item (viii)· applies throughout the law
special collectionmachine translation
「特別徴収」
The method of collecting a local tax by having a person who is well placed to collect it do so and pay in the tax collected (Article 1, paragraph 1, item 9).
Defined inArticle 1, paragraph (1), item (ix)· 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
non-statutory earmarked taxmachine translation
「法定外目的税」
An earmarked tax (目的税) that a prefecture under Article 4, paragraph 6 or a municipality under Article 5, paragraph 7 levies as a tax of its own creation, beyond the special-purpose taxes the Local Tax Act provides for.
Short name set inArticle 10-4, paragraph (2)
shortfall amountmachine translation
「不足金額」
The shortfall found on a reassessment (更正) in the money to be paid in (納入金) — in Articles 144-45 and 733-17, in that money or in tax — or the amount fixed by a determination (決定).
Defined inArticle 733-17, paragraph (1)· applies only in this provision
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.