Where a person delinquent in payment holds shares or capital contributions in a company that would fall under a company prescribed in Article 2, item (x) of the Corporation Tax Act if that person were selected as the shareholder or member serving as the basis for the determination (hereinafter in this Chapter referred to as a "family corporation"), and there is a reason listed below with respect to those shares or capital contributions, and it is found that the amount of local government levies to be collected remains insufficient even after carrying out delinquent tax collection procedures on that person's property (excluding those shares or capital contributions), that company has secondary tax liability for the local government levies relating to that delinquency, to the extent of the value of the shares or capital contributions held by that person (excluding those acquired at least one year before the statutory payment due date for the local government levies relating to that delinquency (meaning the time limit by which local tax is to be paid or remitted under the provisions of this Act or the Prefectural or Municipal Ordinances based on it (excluding time limits relating to an amended return, a late return, a reassessment or determination, advance collection or deferment of collection, and other time limits specified by Cabinet Order); for the second and subsequent payment periods of a local tax whose payment period is divided, the due date for payment of its first payment period; and, for demand fees, delinquency charges, additional charges for understatement, additional charges for failure to file, substantial additional charges and expenses for the delinquent tax collection procedure, that time limit for the local tax that gave rise to the collection; the same applies hereinafter in this Chapter)):
滞納者がその者を判定の基礎となる株主又は社員として選定した場合に法人税法第二条第十号に規定する会社に該当する会社（以下本章において「同族会社」という。）の株式又は出資を有する場合において、その株式又は出資につき次に掲げる理由があり、かつ、その者の財産（当該株式又は出資を除く。）につき滞納処分をしてもなお徴収すべき地方団体の徴収金に不足すると認められるときは、その者の有する当該株式又は出資（当該滞納に係る地方団体の徴収金の法定納期限（この法律又はこれに基づく条例の規定により地方税を納付し、又は納入すべき期限（修正申告、期限後申告、更正若しくは決定、繰上徴収又は徴収の猶予に係る期限その他政令で定める期限を除く。）をいい、地方税で納期を分けているものの第二期以降の分については、その第一期分の納期限をいい、督促手数料、延滞金、過少申告加算金、不申告加算金、重加算金及び滞納処分費については、その徴収の基因となつた地方税の当該期限をいう。以下本章において同じ。）の一年前までに取得したものを除く。）の価額を限度として、当該会社は、当該滞納に係る地方団体の徴収金の第二次納税義務を負う。
that even after the shares or capital contributions have been put up for realization again, there is no purchaser;
その株式又は出資を再度換価に付してもなお買受人がないこと。
that, because there are restrictions on the transfer of the shares or capital contributions under an Act or the articles of incorporation, or because share certificates have not been issued, there is an obstacle to transferring them.
その株式若しくは出資の譲渡につき法律若しくは定款に制限があり、又は株券の発行がないため、これらを譲渡することにつき支障があること。
The value of the shares or capital contributions of a family corporation referred to in the preceding paragraph is the amount calculated on the basis of the amount obtained by dividing the amount obtained by deducting the total amount of liabilities from the total amount of assets of that company at the time of issuing the written notice of payment or remittance referred to in Article 11, paragraph (1) by the number of those shares or capital contributions.
Whether a company is a family corporation referred to in paragraph (1) is determined according to its status at the time of issuing the written notice of payment or remittance referred to in Article 11, paragraph (1).
Read this with the articles around it
local taxmachine translation
「地方税」
A prefectural tax or a municipal tax, as Article 1(1)(iv) of the Local Tax Act defines local tax.
Defined inArticle 1, paragraph (1), item (iv)· applies throughout the law
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
statutory payment due datemachine translation
「法定納期限」
The deadline by which a local tax must be paid or remitted under the Local Tax Act or an ordinance (条例) made under it, not counting the deadlines for an amended return, a late return, a reassessment or determination, accelerated collection or a collection deferral, or others a Cabinet Order (政令) sets; for a tax paid in instalments, the first instalment's deadline counts for the later ones, and for a demand fee (督促手数料), a delinquency charge (延滞金), an additional charge for understatement or failure to file, a substantial additional charge (重加算金) or delinquency disposition costs (滞納処分費), the deadline of the tax they arise from.
Defined inArticle 11-4, paragraph (1)· applies only in this provision
family corporationmachine translation
「同族会社」
A family corporation as defined in Article 2, item 10 of the Corporation Tax Act; whether a corporation is one is judged as things stood when the act or calculation in question took place.
Defined inArticle 72-43, paragraph (3)
articles of incorporation
定款
A company's own basic rules, written by its founders when it is formed: at least its purpose, its trade name, where its head office is, the value of the property contributed at incorporation and who the founders are (Companies Act, Article 27). A stock company's must be certified by a notary before it takes effect (Article 30, paragraph (1)), and can later be changed by a resolution of the shareholders meeting (Article 466). Many rules in the Act apply "unless the articles of incorporation provide otherwise", so a company's articles decide a great deal of how the Act applies to it.
Written by AI using Companies Act, Arts. 26, 27, 30, 466, 575 as a reference.
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.