第七十四条の七(徴税吏員のたばこ税に関する調査に係る質問検査権)
Article 74-7Authority of Tax Collection Officials to Question and Inspect in Examinations Concerning Tobacco Tax
If necessary for an examination concerning the assessment and collection of tobacco tax, a prefectural tax collection official may question the persons listed below, or inspect the books and documents relating to the business of such persons (including, where electronic or magnetic records (meaning records made in electronic form, magnetic form or any other form that cannot be perceived by human senses, which are used for information processing by computers) have been made or kept in lieu of making or keeping them, those electronic or magnetic records; the same applies in paragraph (1), items (ii) and (iii) of the following Article) and other articles, or request the presentation or submission of those articles (including copies thereof):
a person liable for tax or a person found to have tax liability;
納税義務者又は納税義務があると認められる者
a tobacco retailer;
小売販売業者
a person found to have an obligation to deliver money or goods to a person listed in item (i), or a person found to have the right to receive money or goods from a person listed in that item (excluding a person listed in the preceding item);
a person other than those listed in the preceding three items who is found to be directly related to the assessment and collection of the tobacco tax in question.
In a company split in which a person listed in item (i) of the preceding paragraph is the splitting corporation (meaning a corporation that has transferred its assets and liabilities through a company split; the same applies hereinafter in this paragraph), the successor corporation in a company split (meaning a corporation that has had assets and liabilities transferred to it by a splitting corporation in a company split; the same applies hereinafter in this paragraph) is included in the persons found to have the right to receive goods prescribed in item (iii) of that paragraph, and a splitting corporation in a company split in which a person listed in item (i) of that paragraph is the successor corporation in a company split is included in the persons found to have the obligation to deliver goods prescribed in item (iii) of that paragraph.
In the case referred to in paragraph (1), the tax collection official in question may take the minimum necessary quantity of manufactured tobacco as samples.
The provisions of Article 74-2, Article 74-3 and Article 74-10 do not apply to the samples taken pursuant to the provisions of the preceding paragraph.
In the case referred to in paragraph (1) or (3), the tax collection official in question must carry an identification card certifying the official's status and present it when requested by a person concerned.
A prefectural tax collection official may, as provided by Cabinet Order, retain the articles submitted pursuant to the provisions of paragraph (1).
Examinations concerning delinquent tax collection procedures for tobacco tax are governed by the provisions of Article 74-27, paragraph (6), notwithstanding the provisions of paragraph (1).
たばこ税に係る滞納処分に関する調査については、第一項の規定にかかわらず、第七十四条の二十七第六項の定めるところによる。
The authority of a prefectural tax collection official under paragraph (1), (3) or (6) must not be construed as having been granted for the purpose of a criminal investigation.
略称規定第七十四条第一項・この節の中だけ
道府県たばこ税(以下この節において「たばこ税」という。)について、次の各号に掲げる用語の意義は、それぞれ当該各号に定めるところによる。
わかりやすく言うと
この節でいうたばこ税は、道府県たばこ税のことです。製造たばこの売渡しなどに対して、製造たばこの製造者や卸売販売業者などに道府県が課す税です(第七十四条の二)。