A prefecture may not impose the per capita levy of prefectural inhabitant tax on the following persons; provided, however, that this does not apply where a person listed in item (ii) conducts a profit-making business.
the State, tax-exempt incorporated administrative agencies (meaning incorporated administrative agencies for which it is provided by law that the whole of the amount of stated capital or capital contributions is to be contributed by the State, or agencies similar thereto, which have been designated by the Minister for Internal Affairs and Communications as agencies all of whose operations being carried out have been taken over from the State; the same applies hereinafter), national university corporations, etc. (meaning national university corporations and inter-university research institute corporations; the same applies hereinafter), the Japan Pension Service, the Japan Institute for Health Security, prefectures, municipalities, special wards, unions of local governments, property wards, special merger districts, local incorporated administrative agencies, port authorities under the provisions of the Port and Harbour Act (Act No. 218 of 1950), land improvement districts and federations of land improvement districts, flood prevention associations and federations of flood prevention associations, land readjustment associations, and the Management and Support Organization for Postal Savings, Postal Life Insurance and Post Offices Network;
the Japanese Red Cross Society, social welfare corporations, offenders rehabilitation corporations, religious corporations, incorporated educational institutions, corporations set forth in Article 152, paragraph (5) of the Private Schools Act (Act No. 270 of 1949), labor unions under the Labor Union Act (Act No. 174 of 1949), officials organizations, etc. that are corporations prescribed in Article 2, paragraph (5) of the Act on Granting of Juridical Personality to Officials Organizations, etc. (Act No. 80 of 1978), fishing vessel insurance associations, fisheries credit fund associations, fishery mutual relief associations and federations of fishery mutual relief associations, credit guarantee associations, agricultural mutual relief associations and federations of agricultural mutual relief associations, federations of agricultural cooperatives (limited to those that establish hospitals or clinics falling under the public medical institutions prescribed in Article 31 of the Medical Care Act (Act No. 205 of 1948) and that are specified by Cabinet Order), federations of small business associations, National Health Insurance Societies and Federations of National Health Insurance Associations, the Japan Health Insurance Association, health insurance societies and the National Federation of Health Insurance Societies, National Public Servants Mutual Aid Associations and the Federation of National Public Service Personnel Mutual Aid Associations, Local Public Servants Mutual Aid Associations, the National Federation of Mutual Aid Associations for Municipal Personnel, the Pension Fund Association for Local Government Officials, the Promotion and Mutual Aid Corporation for Private Schools of Japan, incorporated public interest associations or incorporated public interest foundations whose principal purpose is to establish a museum under Article 2, paragraph (1) of the Museum Act (Act No. 285 of 1951) or that have as their purpose academic research, and political parties, etc. that are corporations prescribed in Article 7-2, paragraph (1) of the Act on Granting of Juridical Personality to Political Party Receiving Political Party Grants.
A prefecture may not impose the corporation tax levy of prefectural inhabitant tax on the persons listed in the items of the preceding paragraph; provided, however, that this does not apply where a person listed in item (ii) of that paragraph conducts a profit-making business or undertakes a trust subject to corporate taxation.
第三項
前二項の収益事業の範囲は、政令で定める。
The scope of the profit-making businesses referred to in the preceding two paragraphs is specified by Cabinet Order.
第二十五条の二
(利子等に係る道府県民税の非課税の範囲)Scope of Tax Exemption for Prefectural Inhabitant Tax on Interest, Etc.
A prefecture may not impose the interest levy on interest, etc. for which a non-resident prescribed in Article 2, paragraph (1), item (v) of the Income Tax Act receives payment.
第二十六条
(徴税吏員の道府県民税に関する調査に係る質問検査権)Authority of Tax Collection Officials to Question and Inspect in Examinations Concerning Prefectural Inhabitant Tax
A prefectural tax collection official may, where necessary for an examination concerning the assessment and collection of corporate prefectural inhabitant tax, prefectural inhabitant tax on interest, etc., prefectural inhabitant tax on specified dividends, etc., and prefectural inhabitant tax on the amount of capital gains from the transfer of specified shares, etc., question the following persons, or inspect the books and documents relating to the business of a person listed in item (i) or item (ii) (including, where electronic or magnetic records have been created or retained in lieu of the creation or retention of those books and documents, those electronic or magnetic records (meaning records made in electronic form, magnetic form or any other form not perceivable by human senses and used for information processing by computers); the same applies in items (i) and (ii) of paragraph (1) of the following Article) and other articles, or request the presentation or submission of those articles (including copies thereof).
一
納税義務者又は納税義務があると認められる者
a person liable for tax or a person found to have tax liability;
二
特別徴収義務者
a special collection agent;
三
前二号に掲げる者以外の者で当該道府県民税の賦課徴収に関し直接関係があると認められる者
a person other than those listed in the preceding two items who is found to be directly related to the assessment and collection of that prefectural inhabitant tax.
In the case referred to in the preceding paragraph, that tax collection official must carry a certificate proving his or her status and present it when requested by a person concerned.
With regard to examinations relating to delinquent tax collection procedures for prefectural inhabitant tax, notwithstanding the provisions of paragraph (1), the matters provided for in Article 68, paragraph (6), Article 71-19, paragraph (6), Article 71-40, paragraph (6) or Article 71-60, paragraph (6) apply.
The authority of prefectural tax collection officials under the provisions of paragraphs (1) and (3) must not be construed as having been granted for criminal investigation.
第二十七条
(道府県民税に係る検査拒否等に関する罪)Offenses Relating to Refusal of Inspection, etc. Concerning Prefectural Inhabitant Tax
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:
一
前条の規定による帳簿書類その他の物件の検査を拒み、妨げ、又は忌避したとき。
if the person refuses, obstructs or evades an inspection of books, documents or other articles under the provisions of the preceding Article;
if the person, without justifiable grounds, fails to comply with a request to present or submit articles under the provisions of paragraph (1) of the preceding Article, or presents or submits books, documents or other articles (including copies thereof) containing false entries or records;
三
前条の規定による徴税吏員の質問に対し答弁をしないとき、又は虚偽の答弁をしたとき。
When a person fails to answer questions put by a tax collection official under the preceding Article, or gives a false answer.
If the representative of a corporation (including an unincorporated association or foundation for which a representative or administrator has been designated (excluding an association or foundation without juridical personality; hereinafter in this paragraph referred to as an "other association, etc."); hereinafter the same applies in this paragraph, Article 69, paragraph (4), Article 70, paragraph (2), Article 71-16, paragraphs (3) and (4), Article 71-20, paragraph (4), Article 71-21, paragraph (2), Article 71-37, paragraphs (3) and (4), Article 71-41, paragraph (4), Article 71-42, paragraph (2), Article 71-61, paragraph (4) and Article 71-62, paragraph (2)) (including the administrator of an association or foundation without juridical personality and the representative or administrator of an other association, etc.; the same applies in Article 69, paragraph (4), Article 70, paragraph (2), Article 71-16, paragraph (3), Article 71-20, paragraph (4), Article 71-21, paragraph (2), Article 71-37, paragraph (3), Article 71-41, paragraph (4), Article 71-42, paragraph (2), Article 71-61, paragraph (4) and Article 71-62, paragraph (2)), or an agent, employee or other worker of a corporation or a person, has committed the violation referred to 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.
If the preceding paragraph applies to an unincorporated association or foundation for which a representative or administrator has been designated, in addition to its representative or administrator representing that association or foundation in its procedural acts, the provisions of laws and regulations concerning criminal proceedings in the case where a corporation is the defendant or suspect apply mutatis mutandis.
第二十八条
(個人の道府県民税の納税管理人)Tax Agent for Individual Prefectural Inhabitant Tax
The tax agent for individual municipal inhabitant tax designated under Article 300, paragraph (1) must, as the tax agent for individual prefectural inhabitant tax relating to the person liable for tax, handle all matters relating to tax payment.
第二十九条
(法人の道府県民税の納税管理人)Tax Agent for Corporate Prefectural Inhabitant Tax
If a person liable for corporate prefectural inhabitant tax no longer has an office, place of business or dormitory, etc. in the prefecture in which the person has a tax liability, the person must, in order to have all matters relating to tax payment handled, designate a tax agent from among persons who have a domicile, residence, office or place of business within the area specified by the Prefectural Ordinance of that prefecture and report this to the prefectural governor, or apply to the prefectural governor for, and obtain, approval to designate as a tax agent a person who has a domicile, residence, office or place of business outside that area and who is in a convenient position to handle those matters. The same applies where the tax agent is changed or is to be changed.
Notwithstanding the provisions of the preceding paragraph, a person liable for tax need not designate a tax agent if the person has applied to the prefectural governor for, and obtained, certification that there is no hindrance to securing the collection of the corporate prefectural inhabitant tax of that person liable for tax.
第三十条
(法人の道府県民税の納税管理人に係る虚偽の申告等に関する罪)Offenses Relating to False Reports, etc. Concerning Tax Agents for Corporate Prefectural Inhabitant Tax
If a person makes a false report concerning a tax agent to be reported under the provisions of paragraph (1) of the preceding Article, or obtains the approval under that paragraph or the certification under paragraph (2) of that Article by deceit or other wrongful means, the person who committed the violation is to be punished by a fine of not more than 300,000 yen.
If a representative of a corporation (including the administrator of an association or foundation without juridical personality), or an agent, employee or other worker, has committed the violation referred to in the preceding paragraph in connection with the business or property of that corporation, in addition to punishing the offender, the penalty prescribed in that paragraph is to be imposed on that corporation.
Where the provisions of the preceding paragraph apply to an association or foundation without juridical personality, in addition to the representative or administrator of the association or foundation without juridical personality representing it in its procedural acts, the provisions of laws and regulations concerning criminal proceedings in the case where a corporation is the defendant or suspect apply mutatis mutandis.
第三十一条
(法人の道府県民税の納税管理人に係る不申告に関する過料)Non-Penal Fines for Failure to Report Concerning Tax Agents for Corporate Prefectural Inhabitant Tax
A prefecture may establish a provision in its Prefectural Ordinance to the effect that a non-penal fine of 100,000 yen or less is to be imposed on a person liable for corporate prefectural inhabitant tax who has not received the certification under Article 29, paragraph (2) and has not received the approval under paragraph (1) of that Article, if that person, without justifiable grounds, fails to report a tax agent to be reported under the provisions of that paragraph.