Article 72-84Authority of Tax Collection Officials to Question and Inspect in Examinations Concerning the Transfer Levy
第七十二条の八十四(徴税吏員の譲渡割に関する調査に係る質問検査権)
If necessary for an examination concerning the assessment and collection of the transfer levy, a prefectural tax collection official may question the following persons, inspect books and documents relating to their business (including, where electronic or magnetic records (meaning records made in electronic form, magnetic form or any other form not recognizable by human perception, which are used for information processing by a computer) have been created or retained in lieu of creating or retaining them, those electronic or magnetic records; the same applies in item (i) and item (ii) of paragraph (1) of the following Article) or other articles, or request the presentation or submission of those articles (including copies thereof):
a person liable for tax, a person found to have tax liability, or a person who has submitted a return under Article 72-88, paragraph (2);
納税義務者、納税義務があると認められる者又は第七十二条の八十八第二項の規定による申告書を提出した者
a person found to be under an obligation to pay money to, or to carry out a transfer, etc. of taxable assets or a specified transfer, etc. of assets for, a person listed in the preceding item, or a person found to have a right to receive payment of money, or a transfer, etc. of taxable assets or a specified transfer, etc. of assets, from a person listed in the preceding item.
In applying the provisions of the preceding paragraph where there has been a split, a splitting corporation (meaning a corporation that has made a split; the same applies hereinafter in this paragraph) is deemed to be a person found to be under an obligation to carry out the transfer, etc. of taxable assets or the specified transfer, etc. of assets prescribed in item (ii) of the preceding paragraph, and a succeeding corporation in a split (meaning a corporation that has succeeded to the business of the splitting corporation by the split) is deemed to be a person found to have a right to receive the transfer, etc. of taxable assets or the specified transfer, etc. of assets prescribed in that item.
In the case referred to in paragraph (1), 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).
The authority of a prefectural tax collection official under paragraph (1) or the preceding paragraph must not be interpreted as having been granted for the purpose of a criminal investigation.
Read this with the articles around it
tax collection officialmachine translation
「徴税吏員」
A prefectural governor (道府県知事) or a prefectural employee the governor has delegated, or a mayor of a municipality (市町村長) or a municipal employee the mayor has delegated.
Defined inArticle 1, paragraph (1), item (iii)· applies throughout the law
specified transfer, etc. of assetsmachine translation
「特定資産の譲渡等」
A business-to-business telecommunications service (事業者向け電気通信利用役務の提供) — a telecommunications service supplied by a foreign business operator (国外事業者) whose recipients, by the nature of the service or its terms, are ordinarily only businesses — or a specified service (特定役務の提供): a performance or other service of a foreign business operator that a Cabinet Order (政令) sets, other than a telecommunications service.
Defined inArticle 72-78, paragraph (1)· applies only in this provision and in Article 72-84, paragraph (1), item (ii); and Article 72-84, paragraph (2)
transfer, etc.machine translation
「譲渡等」
In the provisions on the local consumption tax (地方消費税), a taxable transfer of assets, etc. (課税資産の譲渡等) as defined in Article 2, paragraph 1, item 9 of the Consumption Tax Act, other than specified asset transfers, etc. (特定資産の譲渡等) and those on which that Act, another law or a treaty imposes no consumption tax or which it exempts.
Defined inArticle 72-78, paragraph (1)· applies only in this section
splitting corporationmachine translation
「分割法人」
A corporation that has made a company split (分割), as Article 72-84, paragraph 2 uses the term for local consumption tax (地方消費税).
Defined inArticle 72-84, paragraph (2)· applies only in this paragraph