Supplementary Provisions, Article 15-9-3Reduction of Fixed Assets Tax on Condominiums Where Large-Scale Repairs, etc. Have Been Carried Out
第十五条の九の三(大規模の修繕等が行われたマンションに対する固定資産税の減額)
For fixed assets tax imposed on the building held in unit ownership pertaining to a condominium for which 20 years or more have elapsed since it was newly built (meaning a condominium prescribed in Article 2, item (i) of the Act on Advancement of Proper Condominium Management (Act No. 149 of 2000) that has exclusively-owned areas, among those used for human habitation, specified by Cabinet Order; the same applies hereinafter in this paragraph) and which is either a condominium pertaining to a manager, etc. who has received advice or guidance under Article 5-2, paragraph (1) of that Act (meaning the manager, etc. of the management association prescribed in that paragraph; the same applies in paragraphs (3) and (4)) or a certified management plan condominium prescribed in Article 5-20, paragraph (1) of that Act that is specified by Cabinet Order, and in which large-scale work specified by Order of the Ministry of Internal Affairs and Communications, including repair or remodeling of the exterior walls of the condominium building, was carried out during the period from April 1, 2023 to March 31, 2027 (limited to the building in which the work was carried out; referred to as a "specified condominium" in this Article), a municipality is to reduce, except where Article 15-9, paragraph (1) of the Supplementary Provisions or paragraph (1) of the preceding Article applies or where the specified condominium has already been subject to the application of this paragraph, only for the fiscal year whose assessment date is January 1 of the year following the year in which the day on which the work was completed falls (if the day on which the work was completed is January 1, that day), an amount equivalent to a ratio, determined by a Municipal Ordinance within the range of not less than one-sixth and not more than one-half, having regard to one-third, of the fixed assets tax amount for the building held in unit ownership pertaining to that specified condominium (being the sum total of the amounts calculated for each unit owner, as provided by Cabinet Order, as the tax amount for the part to which this paragraph applies) from the fixed assets tax amount for the building held in unit ownership pertaining to that specified condominium.
市町村は、新築された日から二十年以上を経過したマンション(マンションの管理の適正化の推進に関する法律(平成十二年法律第百四十九号)第二条第一号に規定するマンションであつて、人の居住の用に供する専有部分のうち政令で定める専有部分を有するものをいう。以下この項において同じ。)のうち、同法第五条の二第一項の規定による助言若しくは指導を受けた管理者等(同項に規定する管理組合の管理者等をいう。第三項及び第四項において同じ。)に係るマンション又は同法第五条の二十第一項に規定する管理計画認定マンションで政令で定めるものであつて、令和五年四月一日から令和九年三月三十一日までの間にマンションの建物の外壁について行う修繕又は模様替を含む大規模な工事で総務省令で定めるものが行われたもの(当該工事が行われた棟に限る。以下この条において「特定マンション」という。)に係る区分所有に係る家屋に対して課する固定資産税については、附則第十五条の九第一項若しくは前条第一項の規定の適用がある場合又は当該特定マンションが既にこの項の規定の適用を受けたことがある場合を除き、当該工事が完了した日の属する年の翌年の一月一日(当該工事が完了した日が一月一日である場合には、同日)を賦課期日とする年度分の固定資産税に限り、当該特定マンションに係る区分所有に係る家屋に係る固定資産税額(この項の規定の適用を受ける部分に係る税額として各区分所有者ごとに政令で定めるところにより算定した額の合算額とする。)の三分の一を参酌して六分の一以上二分の一以下の範囲内において市町村の条例で定める割合に相当する額を当該特定マンションに係る区分所有に係る家屋に係る固定資産税額から減額するものとする。
The preceding paragraph applies only where, within three months from the day on which the work prescribed in that paragraph pertaining to the specified condominium was completed, a return to the effect that that paragraph should apply to the building held in unit ownership pertaining to that specified condominium, with the documents specified by Order of the Ministry of Internal Affairs and Communications attached, has been filed by the person liable for fixed assets tax on the building held in unit ownership pertaining to that specified condominium.
With regard to a building held in unit ownership pertaining to a specified condominium, even where the return under the preceding paragraph has not been filed, if the manager, etc. has submitted the documents referred to in that paragraph within the period prescribed in that paragraph and the specified condominium is found to satisfy the requirements prescribed in paragraph (1), the mayor of the municipality may apply paragraph (1) notwithstanding the preceding paragraph.
Where the return is filed by the person liable for tax referred to in paragraph (2) after the period prescribed in that paragraph has elapsed, or where the documents referred to in that paragraph are submitted by the manager, etc. after that period has elapsed, and the mayor of the municipality finds that there were unavoidable grounds for the return or those documents not having been filed or submitted within that period, the mayor may apply paragraph (1) to the building held in unit ownership pertaining to the specified condominium to which that return or those documents pertain.
building held in unit ownershipmachine translation
「区分所有に係る家屋」
A building to which an exclusive portion (専有部分) under Article 2, paragraph 3 of the Act on Building Unit Ownership belongs, including an annexed building made a common element (共用部分) under Article 4, paragraph 2 of that Act.
Short name set inArticle 341, paragraph (1), item (xii)
exclusively-owned areamachine translation
「専有部分」
An exclusively-owned area as Article 2, paragraph 3 of the Act on Building Unit Ownership defines it: a part of a building that is the subject of unit ownership (区分所有権).
Short name set inSupplementary Provisions, Article 15-6, paragraph (1)· applies only in this article and in Supplementary Provisions, Articles 15-7 to 15-9-3
condominiummachine translation
「マンション」
A condominium as defined in Article 2, item 1 of the Act on Advancement of Proper Condominium Management that has exclusively owned parts used as homes of a kind a Cabinet Order (政令) sets.
Defined inSupplementary Provisions, Article 15-9-3, paragraph (1)· applies only in this paragraph
specified condominiummachine translation
「特定マンション」
A condominium (as defined in Article 2, item 1 of the Act on Advancement of Proper Condominium Management, with dwelling units of a kind a Cabinet Order (政令) sets) 20 or more years old, whose manager received advice or guidance under Article 5-2, paragraph 1 of that Act or which is a management-plan-certified condominium (管理計画認定マンション) under Article 5-20, paragraph 1 of that Act of a kind a Cabinet Order sets, on which large-scale work including repair or alteration of its outer walls, of a kind an Order of the Ministry of Internal Affairs and Communications (総務省令) sets, was done from 1 April 2023 to 31 March 2027 — only the building on which the work was done.
Short name set inSupplementary Provisions, Article 15-9-3, paragraph (1)· applies only in this article
manager, etc.machine translation
「管理者等」
The manager, etc. (管理者等) of a condominium management association (管理組合), as referred to in Article 5-2, paragraph 1 of the Act on Advancement of Proper Condominium Management.
Defined inSupplementary Provisions, Article 15-9-3, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 15-9-3, paragraphs (3) and (4)
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.