Chapter X Penal Provisions
第十章 罰則
第百二十六条
A person who has incited a failure to make a return of the tax basis of a national tax that a taxpayer should make (including an amended return thereof; hereinafter referred to as a "tax return filing" in this Article), the making of a false tax return filing, or a failure to collect or pay a national tax is punished by imprisonment for not more than three years or a fine of not more than 200,000 yen.
A person who has used assault or intimidation in order to prevent a taxpayer from making a tax return filing that the taxpayer should make, to cause a taxpayer to make a false tax return filing, or to prevent a taxpayer from collecting or paying a national tax is subject to the same punishment as under the preceding paragraph.
第百二十七条
If a person who is or was engaged in affairs concerning an investigation related to national tax (including an investigation for the examination of a case pertaining to an appeal and an investigation of a criminal case as prescribed in Article 131, paragraph (1) (Questioning, Inspection, Retention, etc.)) or an investigation for the provision of information conducted pursuant to the provisions of the Act on Exemption, etc. of Income Tax, etc. on Income of Foreign Residents, etc. Based on the Principle of Reciprocity (Act No. 144 of 1962) or the Act on Special Provisions of the Income Tax Act, the Corporation Tax Act and the Local Tax Act Incidental to Enforcement of Tax Treaties, etc., or in affairs concerning the collection of national tax or the collection of taxes of a treaty partner conducted pursuant to the provisions of that Act, divulges or misappropriates a secret that the person was able to learn in connection with those affairs, the person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
国税に関する調査(不服申立てに係る事件の審理のための調査及び第百三十一条第一項(質問、検査又は領置等)に規定する犯則事件の調査を含む。)若しくは外国居住者等の所得に対する相互主義による所得税等の非課税等に関する法律(昭和三十七年法律第百四十四号)若しくは租税条約等の実施に伴う所得税法、法人税法及び地方税法の特例等に関する法律の規定に基づいて行う情報の提供のための調査に関する事務又は国税の徴収若しくは同法の規定に基づいて行う相手国等の租税の徴収に関する事務に従事している者又は従事していた者が、これらの事務に関して知ることのできた秘密を漏らし、又は盗用したときは、二年以下の拘禁刑又は百万円以下の罰金に処する。
第百二十八条
A person who falls under any of the following items is 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。
a person who has submitted to a district director a written request for reassessment prescribed in Article 23, paragraph (3) (Request for Reassessment) containing false statements;
a person who has failed to answer, or has given a false answer to, questions asked by the relevant officials under the provisions of Article 74-2, Article 74-3 (excluding paragraph (2)), or Articles 74-4 through 74-6 (Right of the Relevant Officials to Ask Questions and Conduct Inspections), or who has refused, obstructed, or evaded an inspection, the taking of samples, the prohibition of removal, or sealing carried out under those provisions;
第七十四条の二、第七十四条の三(第二項を除く。)若しくは第七十四条の四から第七十四条の六まで(当該職員の質問検査権)の規定による当該職員の質問に対して答弁せず、若しくは偽りの答弁をし、又はこれらの規定による検査、採取、移動の禁止若しくは封かんの実施を拒み、妨げ、若しくは忌避した者
a person who, without justifiable grounds, has failed to comply with a request for the presentation or submission of articles or for a report under the provisions of Articles 74-2 through 74-6 or Article 74-7-2 (Request for Reports from Specified Business Operators, etc.), or has presented or submitted books and documents, or other articles (including copies thereof) containing false statements or records, or has made a false report.
第七十四条の二から第七十四条の六まで又は第七十四条の七の二(特定事業者等への報告の求め)の規定による物件の提示若しくは提出又は報告の要求に対し、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、若しくは偽りの報告をした者
第百二十九条
A person who has failed to answer, or has given a false answer to, questions under the provisions of Article 97, paragraph (1), item (i) or paragraph (2) (Questioning, Inspection, etc. for Review), or who has refused, obstructed, or evaded an inspection under the provisions of paragraph (1), item (iii) or paragraph (2) of that Article, or has presented books and documents containing false statements or records in connection with that inspection, is punished by a fine of not more than 300,000 yen; provided, however, that this does not apply to a requester for review, etc. prescribed in paragraph (4) of that Article.
第九十七条第一項第一号若しくは第二項(審理のための質問、検査等)の規定による質問に対して答弁せず、若しくは偽りの答弁をし、又は同条第一項第三号若しくは第二項の規定による検査を拒み、妨げ、若しくは忌避し、若しくは当該検査に関し偽りの記載若しくは記録をした帳簿書類を提示した者は、三十万円以下の罰金に処する。ただし、同条第四項に規定する審査請求人等は、この限りでない。
第百三十条
Changes on (Act No. 12 of 2026)
If the representative of a corporation (including the administrator of an association or foundation without legal personality), or an agent, employee, or other worker of a corporation or individual, has committed a violation referred to in the preceding two Articles in connection with the business or property of that corporation or individual, not only is the offender punished, but that corporation or individual is also subject to the fine prescribed in the respective Articles.
If the provisions of the preceding paragraph apply to an association or foundation without legal personality, its representative or administrator represents the association or foundation without legal personality with regard to its procedural acts, and the provisions of the laws concerning criminal proceedings in which a corporation is the accused or the suspect apply mutatis mutandis.
national taxmachine translation
「国税」
A tax imposed by the national government, other than customs duty, tonnage tax, special tonnage tax, the forest environment tax and the special corporate business tax.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
taxpayermachine translation
「納税者」
A person liable under the national tax laws to pay a national tax, or to collect national withholding tax (源泉徴収等による国税) and pay it to the State, not counting secondary taxpayers (第二次納税義務者) under the National Tax Collection Act or guarantors of the tax.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
association or foundation without legal personalitymachine translation
「人格のない社団等」
An association or foundation that is not a legal person but has a set representative or manager, which this Act treats as a corporation.
Short name set inArticle 3, paragraph (1)
request for reassessmentmachine translation
「更正の請求」
A request to the tax office director (税務署長) to reassess (更正) the tax base or tax amount in a tax return, made under Article 23, paragraph (1) — within five years of the statutory tax return due date (ten years in one case for corporation tax) where the return overstated the tax or understated a loss or refund — or, on the grounds in paragraph (2), such as a court judgment or another person's reassessment showing the figures were wrong, within two months of that event, when a person whose tax was fixed by a determination (決定) may also make it.
Short name set inArticle 23, paragraph (2)
treaty partnermachine translation
「相手国等」
The other country or party to a tax treaty, etc. (租税条約等) — a tax treaty or another international agreement of Japan's on exchanging tax information or on help with collecting tax or serving documents — as defined in Article 2, item (iii) of the Act on Special Provisions of the Income Tax Act, the Corporation Tax Act and the Local Tax Act Incidental to Enforcement of Tax Treaties, etc.
Defined inArticle 46, paragraph (6)
appealmachine translation
「不服申立て」
An appeal against a disposition made under the national tax laws, by a request for reinvestigation (再調査の請求) or a request for review (審査請求) under Article 75; the term does not carry this meaning in Article 80, paragraph (3), which sends appeals on liquor licensing to the Administrative Complaint Review Act instead.
Short name set inArticle 76, paragraph (1), item (i)
tax return filingmachine translation
「申告」
In Article 126, a taxpayer's return of the tax basis of a national tax, including an amended return; inciting others not to file, to file falsely, or not to collect or pay tax is punishable by up to three years' imprisonment or a fine of up to 200,000 yen.
Short name set inArticle 126, paragraph (1)· applies only in this article
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.
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 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.