第七百三十九条の六(道府県が行う滞納処分に関する罪等)
If a taxpayer of individual prefectural inhabitant tax or a special collection agent, with the purpose of evading the execution of delinquent tax collection procedures under the provisions of paragraph (1) or (2) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (8) of that Article; the same applies hereinafter in this Article), conceals or damages the person's property, disposes of it to the detriment of the prefecture and municipality, or commits an act of falsely increasing the burdens on that property, or alters its existing condition and thereby diminishes the value of that property or commits an act of increasing the expenses for the delinquent tax collection procedure relating to it, 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.
The same applies where a third party who is in possession of the property of a taxpayer or special collection agent commits the act referred to in the preceding paragraph with the purpose of enabling the taxpayer or special collection agent to evade the execution of delinquent tax collection procedures under the provisions of paragraph (1) or (2) of the preceding Article.
If a person, knowing the circumstances, becomes the counterparty of a taxpayer or special collection agent, or of a third party in possession of that person's property, in an act referred to in the preceding two paragraphs, the person who committed the violation as that 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.
Moves to paragraph (5) on (Act No. 2 of 2026)
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。
Moves to paragraph (5), item (i) on (Act No. 2 of 2026)
if, in the case referred to in paragraph (1) or (2) of the preceding Article, the person fails to answer or makes a false statement in response to a question by a prefectural tax collection official conducted in accordance with the provisions of Article 141 of the National Tax Collection Act;
Moves to paragraph (5), item (ii) on (Act No. 2 of 2026)
if, in the case referred to in paragraph (1) or (2) of the preceding Article, the person refuses, obstructs or evades an inspection by a prefectural tax collection official, conducted in accordance with the provisions of Article 141 of the National Tax Collection Act, of books and documents (meaning the books and documents prescribed in that Article; the same applies in the following item) or other articles;
Moves to paragraph (5), item (iii) on (Act No. 2 of 2026)
if, in the case referred to in paragraph (1) or (2) of the preceding Article, the person, without justifiable grounds, fails to comply with a request by a prefectural tax collection official for the presentation or submission of articles, made in accordance with 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.
Moves to paragraph (6) on (Act No. 2 of 2026)
In the case referred to in paragraph (1) or (2) of the preceding Article, a person who makes a false statement on a matter to be stated to the prefectural governor in accordance with 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.
Changes and moves to paragraph (7) on (Act No. 2 of 2026)
Where a representative of a corporation (including an association or foundation without juridical personality for which a representative or administrator has been designated; the same applies hereinafter in this paragraph) (including a representative or administrator of that association or foundation), or an agent, employee or other worker of a corporation or a person, has committed a violation under paragraphs (1) to (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.
法人(法人でない社団又は財団で代表者又は管理人の定めのあるものを含む。以下この項において同じ。)の代表者(当該社団又は財団の代表者又は管理人を含む。)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第一項から第四項まで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。
Moves to paragraph (8) on (Act No. 2 of 2026)
Where the provisions of the preceding paragraph apply to an association or foundation without juridical personality for which a representative or administrator has been designated, that representative or administrator represents the association or foundation in respect of its procedural acts, and the provisions of laws and regulations on criminal proceedings where a corporation is the defendant or suspect apply mutatis mutandis.
法人でない社団又は財団で代表者又は管理人の定めのあるものについて前項の規定の適用がある場合には、その代表者又は管理人がその訴訟行為につき当該法人でない社団又は財団で代表者又は管理人の定めのあるものを代表するほか、法人を被告人又は被疑者とする場合の刑事訴訟に関する法律の規定を準用する。
Section 3 Special Provisions on Fixed Assets Tax
第三節 固定資産税の特例
Article 740Prefectural Taxing Authority over Large-Scale Depreciable Assets
第七百四十条(大規模の償却資産に対する道府県の課税権)
A prefecture that encompasses a municipality in which large-scale depreciable assets (including newly built large-scale depreciable assets; the same applies hereinafter in this Section) are located (including a municipality in which large-scale depreciable assets come to be located as a result of allocation under the provisions of Article 389, paragraph (1); the same applies hereinafter in this Article) is to impose, as ordinary taxes, the taxes listed in the items of Article 4, paragraph (2) and, in addition, fixed assets tax on those large-scale depreciable assets, with the tax base being the portion of the value of those large-scale depreciable assets (meaning the amount that is to be the tax base of fixed assets tax pursuant to the provisions of Article 349-2, Article 349-3 or Article 349-3-4) exceeding the amount that is to be the tax base of fixed assets tax that the municipality in which those large-scale depreciable assets are located may impose pursuant to the provisions of Articles 349-4 and 349-5.
大規模の償却資産(新設大規模償却資産を含む。以下この節において同じ。)が所在する市町村(第三百八十九条第一項の規定による配分の結果大規模の償却資産が所在することとなる市町村を含む。以下この条において同じ。)を包括する道府県は、普通税として、第四条第二項各号に掲げるものを課するほか、当該大規模の償却資産に対し、当該大規模の償却資産の価額(第三百四十九条の二、第三百四十九条の三又は第三百四十九条の三の四の規定により固定資産税の課税標準となるべき額をいう。)のうち第三百四十九条の四及び第三百四十九条の五の規定により当該大規模の償却資産が所在する市町村が課することができる固定資産税の課税標準となるべき金額を超える部分の金額を課税標準として、固定資産税を課するものとする。
Article 741Tax Rate of Fixed Assets Tax Imposed by Prefectures
第七百四十一条(道府県が課する固定資産税の税率)
The standard tax rate of fixed assets tax imposed by a prefecture on large-scale depreciable assets is 1.4 percent.
Article 742Designation, etc. of Large-Scale Depreciable Assets
第七百四十二条(大規模の償却資産の指定等)
The prefectural governor is to designate depreciable assets on which a prefecture is found to be required to impose fixed assets tax under the provisions of Article 740, except where those depreciable assets have been designated by the Minister for Internal Affairs and Communications under the provisions of Article 389, and must notify the owner of the depreciable assets and the mayor of the municipality where the depreciable assets are located to that effect without delay.
Where the mayor of a municipality finds that there are depreciable assets, other than those covered by the notice under the preceding paragraph, on which a prefecture is still to impose fixed assets tax under the provisions of Article 740, the mayor must notify the prefectural governor to that effect without delay.
Based on the notice of the mayor of the municipality under the preceding paragraph, the prefectural governor may designate, in addition to the designation under the provisions of paragraph (1), depreciable assets on which a prefecture is found to be required to impose fixed assets tax. In this case, the prefectural governor must notify the owner of the depreciable assets and the mayor of the municipality where the depreciable assets are located to that effect without delay.
Article 743Determination, etc. of the Price, etc. of Large-Scale Depreciable Assets
第七百四十三条(大規模の償却資産の価格等の決定等)
For depreciable assets designated pursuant to the provisions of paragraph (1) or (3) of the preceding Article, the prefectural governor must, in and after the year following the year that includes the day of designation, after conducting a valuation at market value as of January 1 each year, determine the price, etc., and notify the person liable for tax and the mayor of the municipality where the depreciable assets are located of the determined price, etc. and the amount that is to be the tax base of fixed assets tax imposed by the prefecture, by March 31 each year; provided, however, that in the case of a disaster or other special circumstances, the notification may be made on or after April 1.
If the prefectural governor discovers that there is a material error in the price, etc. determined pursuant to the provisions of the preceding paragraph, the governor must immediately correct that price, etc., and notify the person liable for tax and the mayor of the municipality where the depreciable assets are located of the corrected price, etc. and the amount that is to be the tax base of fixed assets tax imposed by the prefecture, without delay.
道府県知事は、前項の規定によつて決定した価格等に重大な錯誤があることを発見した場合においては、直ちに、当該価格等を修正し、遅滞なく、修正した価格等及び道府県が課する固定資産税の課税標準となるべき金額を納税義務者及び当該償却資産の所在地の市町村長に通知しなければならない。
When the prefectural governor has determined the price, etc. of depreciable assets pursuant to the provisions of paragraph (1), the governor must prepare a summary report of the results as provided by Order of the Ministry of Internal Affairs and Communications and send it to the Minister for Internal Affairs and Communications during April each year; provided, however, that where the notification was made on or after April 1 pursuant to the proviso to that paragraph, it must be sent within one month from the date of that notification.
第七百四十四条(大規模の償却資産の価格等の決定に関する審査請求に対する裁決の通知)
When the prefectural governor has made a decision on a request for review concerning the determination of the price, etc. under the provisions of paragraph (1) or (2) of the preceding Article, the governor must notify the mayor of the relevant municipality to that effect without delay.
Article 745Assessment and Collection, etc. of Fixed Assets Tax Imposed by Prefectures
第七百四十五条(道府県が課する固定資産税の賦課徴収等)
With respect to the assessment and collection, etc. of fixed assets tax imposed by a prefecture on large-scale depreciable assets, the provisions of Article 341, items (iv) and (v), Article 343, paragraph (1), Articles 353 through 359, Article 362, Article 364 (excluding paragraphs (3), (4) and (10)), Articles 364-2 through 367, Article 369, Articles 371 through 376, Article 383, Article 385, Article 386 and Article 403 apply mutatis mutandis, except as otherwise specially provided in this Section. In this case, the phrase "municipality" in those provisions is deemed to be replaced with "prefecture", and the phrase "mayor of the municipality" is deemed to be replaced with "prefectural governor".
大規模の償却資産に対して道府県が課する固定資産税の賦課徴収等に関しては、この節に特別の定めがあるものを除くほか、第三百四十一条第四号及び第五号、第三百四十三条第一項、第三百五十三条から第三百五十九条まで、第三百六十二条、第三百六十四条(第三項、第四項及び第十項を除く。)、第三百六十四条の二から第三百六十七条まで、第三百六十九条、第三百七十一条から第三百七十六条まで、第三百八十三条、第三百八十五条、第三百八十六条並びに第四百三条の規定を準用する。この場合において、これらの規定中「市町村」とあるのは「道府県」と、「市町村長」とあるのは「道府県知事」と読み替えるものとする。
If the prefectural governor discovers that there is a shortfall in the fixed assets tax amount of a person who is obliged to file a declaration with the mayor of a municipality or the prefectural governor pursuant to the provisions of Article 383 or Article 383 as applied mutatis mutandis pursuant to the preceding paragraph, or of a person who is obliged to file a declaration with the prefectural governor or the Minister for Internal Affairs and Communications pursuant to the provisions of Article 394, based on the determination or correction of the price of the depreciable assets under the provisions of Article 417 or Article 743, paragraph (2), because that person failed to file the declaration the person was required to file or filed a false declaration, the governor must immediately collect the shortfall by additional collection. In this case, if there is, among the shortfall, an amount that the mayor of the municipality may collect by additional collection pursuant to the provisions of the proviso to Article 368, paragraph (1), the amount to be collected by additional collection by the prefectural governor is the amount obtained by deducting from the shortfall the amount that the mayor of the municipality may collect.
道府県知事は、第三百八十三条若しくは前項において準用する第三百八十三条の規定によつて市町村長若しくは道府県知事に申告をする義務がある者又は第三百九十四条の規定によつて道府県知事若しくは総務大臣に申告をする義務がある者がそのすべき申告をしなかつたこと又は虚偽の申告をしたことにより第四百十七条又は第七百四十三条第二項の規定によつて当該償却資産の価格を決定し、又は修正したことに基づいてその者に係る固定資産税額に不足税額があることを発見した場合においては、直ちにその不足税額を追徴しなければならない。この場合において、不足税額のうち、第三百六十八条第一項ただし書の規定によつて市町村長が追徴することができる額があるときは、道府県知事の追徴すべき額は、当該不足税額から当該市町村長が追徴することができる額を控除した額とする。
The provisions of Article 368, paragraphs (2) and (3) apply mutatis mutandis where the prefectural governor collects a shortfall by additional collection pursuant to the provisions of the preceding paragraph. In this case, the phrase "municipal" in paragraph (2) of that Article is deemed to be replaced with "prefectural", and the phrase "mayor of the municipality" in paragraph (3) of that Article is deemed to be replaced with "prefectural governor".
第三百六十八条第二項及び第三項の規定は、前項の規定によつて道府県知事が不足税額を追徴する場合について準用する。この場合において、同条第二項中「市町村」とあるのは「道府県」と、同条第三項中「市町村長」とあるのは「道府県知事」と読み替えるものとする。
No English for this paragraph yet.
削除
第七百四十七条(指定都市の指定があつた場合の大規模の償却資産に対する固定資産税の特例)
The provisions of Articles 349-4 and 349-5 and Articles 740 through the preceding Article do not apply to fixed assets tax imposed on large-scale depreciable assets located in a city designated pursuant to the provisions of Article 252-19, paragraph (1) of the Local Autonomy Act on or after January 2 and on or before April 1, limited to the fixed assets tax for the fiscal year that includes April 1 of the year that includes the day of that designation (hereinafter referred to as the "designated day"). In this case, acts done by the prefectural governor or a prefectural tax collection official before the designated day concerning that fixed assets tax pursuant to the provisions of Article 743, paragraph (1) or (2) or Article 745, and acts done by a person liable for tax toward the prefectural governor, are deemed to be acts done by the head of that city or a tax collection official and acts done toward the head of that city pursuant to the provisions of Chapter III, Section 2; a request for review of the determination or revision of the price, etc. of those depreciable assets made before the designated day is deemed to be an application for review under the provisions of Article 432, paragraph (1); and a decision on that request for review made before the designated day is deemed to be a decision on review under the provisions of Article 433, paragraph (1).
第三百四十九条の四、第三百四十九条の五及び第七百四十条から前条までの規定は、一月二日以後四月一日以前において地方自治法第二百五十二条の十九第一項の規定により指定された市に所在する大規模の償却資産に対して課する固定資産税については、当該指定された日(以下「指定日」という。)の属する年の四月一日の属する年度分の固定資産税に限り、適用しないものとする。この場合において、指定日前に当該固定資産税について第七百四十三条第一項若しくは第二項又は第七百四十五条の規定により道府県知事又は道府県の徴税吏員がした行為及び納税義務者が道府県知事に対してした行為は第三章第二節の規定により当該市の長又は徴税吏員がした行為及び当該市の長に対してした行為と、指定日前における当該償却資産の価格等の決定又は修正に対する審査請求は第四百三十二条第一項の規定による審査の申出と、指定日前における当該審査請求に対する裁決は第四百三十三条第一項の規定による審査の決定とみなす。
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
standard tax ratemachine translation
「標準税率」
The tax rate a local government (地方団体) should normally use when it levies a tax, which it need not follow where it finds this necessary for its finances or other reasons, and which the Minister for Internal Affairs and Communications (総務大臣) uses as the basis for calculating standard fiscal revenue (基準財政収入額) when setting the amounts of local allocation tax (地方交付税).
Defined inArticle 1, paragraph (1), item (v)· 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
large-scale depreciable assetsmachine translation
「大規模の償却資産」
Depreciable assets (償却資産) owned by one taxpayer in a municipality other than a city designated under Article 252-19, paragraph 1 of the Local Autonomy Act, whose total value for fixed assets tax (固定資産税) exceeds the amount the table in Article 349-4, paragraph 1 sets for a municipality of its population; the municipality's tax on them is levied on a base set by that table rather than on their full value.
Short name set inArticle 349-4, paragraph (1)
newly built large-scale depreciable assetsmachine translation
「新設大規模償却資産」
Depreciable assets (償却資産) one taxpayer owns and uses for one newly built factory, power station or substation (or for added equipment that counts as one), whose total value in any one of the five fiscal years from the year fixed assets tax (固定資産税) was first levied on them exceeds the amount the table in Article 349-4, paragraph 1 gives for the municipality concerned.
Short name set inArticle 349-5, paragraph (1)· applies only in this article and in Article 740
pricemachine translation
「価格」
In Article 702, paragraph 1, on the tax base of city planning tax (都市計画税), the price of the land or building (家屋) that would be the tax base of its fixed assets tax (固定資産税), multiplied by the rate of whichever paragraph of Article 349-3 listed in Article 702, paragraph 2 applies to it.
Defined inArticle 702, paragraph (2)
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)
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 739-6, paragraph (4), item (ii)· applies only in this provision and in Article 739-6, paragraph (4), item (iii)
designated daymachine translation
「指定日」
In Article 747 and the provisions that follow, the date on which a city is designated under Article 252-19, paragraph 1 of the Local Autonomy Act (as a designated city (指定都市)), where the designation falls between 2 January and 1 April; for the fiscal year that includes 1 April of that year, Articles 349-4, 349-5 and 740 to 746 do not apply to fixed assets tax (固定資産税) on large-scale depreciable assets in the city.
Short name set inArticle 747, paragraph (1)
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.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.