Subsection 2
第二款 消滅時効
Article 18Extinctive Prescription of Local Taxes
第十八条(地方税の消滅時効)
The right of a local government aimed at collecting local government levies (hereinafter in this Subsection referred to as the "right to collect local taxes") is extinguished by prescription if it is not exercised for five years counting from the day following the statutory payment due date (for the local government levies set forth in the following items, the day specified in each of those items).
Local taxes or additional charges to which Article 17-5, paragraph (2), or Article 17-6, paragraph (1), item (i), (ii) or (iv) or paragraph (3) applies, or delinquency charges relating to those local taxes: the day on which the reassessment or determination under Article 17-5, paragraph (2) was made, the day on which the determination, etc. under Article 17-6, paragraph (1), item (i) was made, the day on which the decision, ruling or judgment under Article 17-6, paragraph (1), item (ii) was made, the day on which the reassessment or determination under Article 17-6, paragraph (1), item (iv) was made, or the day specified in the items of Article 17-6, paragraph (3);
Additional charges for failure to file to which Article 17-5, paragraph (6) applies: the day on which the determination under that paragraph was made;
Demand fees or expenses for the delinquent tax collection procedure: the day on which the right to collect that local tax can be exercised.
督促手数料又は滞納処分費 その地方税の徴収権を行使することができる日
In the case of the preceding paragraph, it is not necessary to invoke prescription, and the benefit of it may not be waived.
前項の場合には、時効の援用を要せず、また、その利益を放棄することができないものとする。
The provisions of the Civil Code apply mutatis mutandis to prescription of the right to collect local taxes, except as otherwise provided in this Subsection.
Article 18-2Suspension of Completion and Renewal of Prescription
第十八条の二(時効の完成猶予及び更新)
As for prescription of the right to collect local taxes, with respect to local government levies for the part relating to a disposition set forth in one of the following items, prescription is not completed during the period specified in that item, and begins to run anew from the time that period has elapsed.
Notice of payment or remittance: the period up to the deadline for payment or remittance designated in that notice;
納付又は納入に関する告知 その告知に指定された納付又は納入に関する期限までの期間
Demand: the period up to the day on which 10 days have elapsed counting from the day on which a demand letter or a written reminder for payment or remittance for the purpose of demand was issued (where seizure has been carried out in a case where a fact falling under any one of the items of Article 13-2, paragraph (1) has arisen before that day, the day on which it was carried out);
督促 督促状又は督促のための納付若しくは納入の催告書を発した日から起算して十日を経過した日(同日前に第十三条の二第一項各号の一に該当する事実が生じた場合において、差押えがされた場合には、そのされた日)までの期間
Request for share distribution: the period during which that request for share distribution is being made (where there is a period during which no notification has been given under Article 82, paragraph (2) of the National Tax Collection Act, the rules of which apply under this Act, excluding that period).
交付要求 その交付要求がされている期間(この法律においてその例によるものとされる国税徴収法第八十二条第二項の規定による通知がされていない期間があるときは、その期間を除く。)
Even where the compulsory liquidation procedure relating to a request for share distribution set forth in item (iii) of the preceding paragraph is cancelled, the effect of the suspension of completion and renewal of prescription under that paragraph is not impeded.
Prescription of the right to collect local taxes relating to a local tax (including delinquency charges and additional charges relating to that local tax; the same applies hereinafter in this paragraph) for which the whole or part of the tax amount has been evaded, or for which a refund of the whole or part of the tax amount has been received, by deception or other wrongful acts does not run for two years counting from the day following the statutory payment due date prescribed in Article 18, paragraph (1) for that local tax; provided, however, that where a disposition or act set forth in one of the following items has been carried out during the period from the day following that statutory payment due date to the day on which two years have elapsed from that day, prescription runs, for each local tax for the part relating to that disposition or act, according to the category of disposition or act set forth in those items, from the day following the day specified in the relevant item, and where that disposition or act has been carried out by that statutory payment due date, it runs, for each local tax for the part relating to that disposition or act, from the day following that statutory payment due date.
地方税の徴収権で、偽りその他不正の行為によりその全部若しくは一部の税額を免れ、又はその全部若しくは一部の税額の還付を受けた地方税(当該地方税に係る延滞金及び加算金を含む。以下この項において同じ。)に係るものの時効は、当該地方税の前条第一項に規定する法定納期限の翌日から起算して二年間は、進行しない。ただし、当該法定納期限の翌日から同日以後二年を経過する日までの期間内に次の各号に掲げる処分又は行為があつた場合においては当該各号に掲げる処分又は行為の区分に応じ当該処分又は行為に係る部分の地方税ごとに当該各号に定める日の翌日から、当該法定納期限までに当該処分又は行為があつた場合においては当該処分又は行為に係る部分の地方税ごとに当該法定納期限の翌日から進行する。
Notice of payment or remittance (excluding that relating to delinquency charges and additional charges): the day on which the document relating to that notice was issued;
納付又は納入に関する告知(延滞金及び加算金に係るものを除く。) 当該告知に係る文書が発せられた日
Filing of a local tax return relating to filing and payment or filing and payment-in: the day on which that return was filed.
Prescription of the right to collect local taxes does not run, for local government levies for the part relating to deferral of collection, ex officio suspension of realization or suspension of realization upon application, during the period in which that deferral or suspension is in effect.
地方税の徴収権の時効は、徴収の猶予、職権による換価の猶予又は申請による換価の猶予に係る部分の地方団体の徴収金につき、その猶予がされている期間内は、進行しない。
When prescription of the right to collect local taxes with respect to a local tax is not completed or begins to run anew, prescription of the right to collect local taxes with respect to the delinquency charges relating to the part of the local tax for which prescription is not completed or begins to run anew is likewise not completed or begins to run anew.
When a local tax has been paid, prescription of the right to collect local taxes with respect to the delinquency charges relating to the part of the local tax so paid begins to run anew from the time of that payment.
Article 18-3Extinctive Prescription of Refunds
第十八条の三(還付金の消滅時効)
A claim against a local government arising from an overpayment or payment by mistake of local government levies and a claim against a local government relating to a refund under the provisions of this Act (hereinafter in Article 20-9 referred to as a "claim for a refund") are extinguished by prescription when five years have elapsed from the day on which the claim can be made.
The provisions of Article 18, paragraphs (2) and (3) apply mutatis mutandis to the case of the preceding paragraph.
local governmentmachine translation
「地方団体」
A prefecture (道府県) or a municipality (市町村).
Defined inArticle 1, paragraph (1), item (i)· applies throughout the law
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
filing and paymentmachine translation
「申告納付」
A way of collecting a local tax in which the taxpayer declares the tax base and the amount of tax due and pays the tax so declared.
Defined inArticle 1, paragraph (1), item (viii)· applies throughout the law
filing and payment-inmachine translation
「申告納入」
A way of collecting a local tax in which the special collection agent (特別徴収義務者) declares the tax base and the amount of the tax it is to collect and pays the tax so declared in to the local government.
Defined inArticle 1, paragraph (1), item (xi)· 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
compulsory liquidation proceduremachine translation
「強制換価手続」
Any procedure that sells a debtor's property by force: delinquent tax collection (滞納処分) and procedures run in the same way, compulsory execution, auction to enforce a security interest, enforcement of an enterprise mortgage (企業担保権) or of an enterprise value charge (企業価値担保権), and bankruptcy.
Short name set inArticle 13-2, paragraph (1), item (i)
deferral of collectionmachine translation
「徴収の猶予」
In Chapter 1, a deferral of collection that the head of a local government (地方団体の長) grants, on application, under Article 15, paragraph 1 or 2: for up to one year, where a disaster or theft, an illness or injury, the closure or suspension of a business, a serious loss in it, or a similar fact leaves the taxpayer or special collection agent (特別徴収義務者) unable to pay at once, or where the amount due was fixed a year or more after the statutory due date and cannot be paid at once.
Short name set inArticle 15, paragraph (3)· applies only in this chapter
suspension of realization upon applicationmachine translation
「申請による換価の猶予」
A suspension of the sale of seized property in delinquency proceedings (換価の猶予) that the head of a local government grants on the delinquent taxpayer's application under Article 15-6, paragraph 1; local government collection money already under it, or under a grace of collection (徴収の猶予), cannot be given the suspension the head may grant without application under Article 15-5.
Short name set inArticle 15-5, paragraph (1)· applies only in this chapter
ex officio suspension of realizationmachine translation
「職権による換価の猶予」
A suspension, for up to one year, of the sale of a delinquent taxpayer's property in a delinquency disposition (滞納処分) that the head of a local government (地方団体の長) grants on its own initiative under Article 15-5, paragraph 1, where the taxpayer is found to intend in good faith to pay and an immediate sale would put the taxpayer's business or livelihood at risk or a suspension would better serve collection.
Short name set inArticle 15-5, paragraph (2)· applies only in this chapter
additional chargemachine translation
「加算金」
In Chapter 1, any of the three penalties added to a local tax: the additional charge for understatement (過少申告加算金), the additional charge for failure to file (不申告加算金) and the substantial additional charge (重加算金).
Short name set inArticle 17-4, paragraph (1), item (i)· applies only in this chapter
right to collect local taxesmachine translation
「地方税の徴収権」
A local government's right to collect local taxes and other levies (地方団体の徴収金), which lapses by prescription if not exercised for five years from the day after the statutory payment deadline (法定納期限) or the other date this Article sets for the levy concerned.
Short name set inArticle 18, paragraph (1)· applies only in this subsection
claim for a refundmachine translation
「還付金に係る債権」
A claim against a local government for an overpayment or mistaken payment (過誤納) of sums due to it, or for a refund under the Local Tax Act, which lapses by prescription five years after it could first be made.
Short name set inArticle 18-3, paragraph (1)· applies only in this provision and in Article 20-9