A request for review of a disposition set forth in one of the following items concerning local government levies is governed by the provisions of the Administrative Complaint Review Act (Act No. 68 of 2014), except as otherwise specially provided in this Subsection and other provisions of this Act.
地方団体の徴収金に関する次の各号に掲げる処分についての審査請求については、この款その他この法律に特別の定めがあるものを除くほか、行政不服審査法(平成二十六年法律第六十八号)の定めるところによる。
A reassessment or determination (excluding those set forth in item (v)) or an assessment determination;
A demand or delinquent tax collection procedure;
督促又は滞納処分
A revision or determination of the number of workers serving as the basis for apportionment under Article 58, paragraph (1), (2), (3) or (5) or Article 321-14, paragraph (1), (2), (3) or (5);
A decision or ruling on the number of workers serving as the basis for apportionment under Article 59, paragraph (2) or Article 321-15, paragraph (2) or (7);
第五十九条第二項又は第三百二十一条の十五第二項若しくは第七項の規定による分割の基準となる従業者数についての決定又は裁決
A reassessment or determination of the total amount of the tax base under Article 72-48-2, paragraph (1), or a revision or determination of the apportionment basis under paragraph (3) of that Article;
第七十二条の四十八の二第一項の規定による課税標準額の総額の更正若しくは決定又は同条第三項の規定による分割基準の修正若しくは決定
A determination of the total amount of income to be treated as the tax base under Article 72-54, paragraph (1), or a determination of income to be treated as the tax base under the first sentence of paragraph (3) of that Article;
第七十二条の五十四第一項の規定による課税標準とすべき所得の総額の決定又は同条第三項前段の規定による課税標準とすべき所得の決定
A decision on income to be treated as the tax base under Article 72-54, paragraph (5);
第七十二条の五十四第五項の規定による課税標準とすべき所得についての決定
A determination of the price, etc. or an allocation under Article 389, paragraph (1), Article 417, paragraph (2), or Article 743, paragraph (1) or (2), or a revision thereof;
第三百八十九条第一項、第四百十七条第二項又は第七百四十三条第一項若しくは第二項の規定による価格等の決定若しくは配分又はこれらの修正
In addition to what is set forth in the preceding items, a disposition concerning the assessment and collection or refund of local government levies that is specified by Order of the Ministry of Internal Affairs and Communications.
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
assessment determinationmachine translation
「賦課決定」
A decision fixing the amount of a local tax collected by ordinary collection (普通徴収), including one fixing the amount of an individual's prefectural or municipal inhabitant tax (道府県民税, 市町村民税) or national health insurance tax (国民健康保険税) to be collected by special collection (特別徴収).
Defined inArticle 17-4, paragraph (1), item (i)· applies only in this chapter
apportionment basismachine translation
「分割基準」
The basis, set by kind of business in Article 72-48, paragraph 3, for dividing the total tax base of enterprise tax (事業税) of a corporation with offices in two or more prefectures among those prefectures: employee numbers for manufacturing; numbers of offices and employees, line capacity or fixed assets for electricity supply; fixed assets for gas supply and warehousing; track length for railway and tramway businesses; and numbers of offices and employees, half each, for other businesses.
Defined inArticle 72-48, paragraph (3)
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.