Article 20Service of Documents
第二十条(書類の送達)
Documents relating to the assessment and collection or refund of local government levies are served, by postal service or correspondence delivery or by service by delivery, at the address, residence, office or place of business of the person to be served. However, where there is a tax agent, documents relating to the assessment and collection (excluding delinquent tax collection procedures) or refund of local government levies are served at the address, residence, office or place of business of the tax agent.
Service by delivery is carried out by an employee of a local government delivering the document to the person to be served at the place where service is to be made under the preceding paragraph. However, where that person has no objection, the document may be delivered at another place.
In the cases set forth in the following items, service by delivery may be carried out by the acts set forth in those items in lieu of delivery under the preceding paragraph:
次の各号に掲げる場合には、交付送達は、前項の規定による交付に代え、当該各号に掲げる行為により行うことができる。
if the person to be served with the document is not met at the place where it is to be served: delivering the document to an employee or other worker of that person, or a person living with that person, who has reasonable discretion with regard to receiving documents;
送達すべき場所において書類の送達を受けるべき者に出会わない場合 その使用人その他の従業者又は同居の者で書類の受領について相当のわきまえのあるものに書類を交付すること。
if the person to be served with the document, or another person prescribed in the preceding item, is not at the place where service is to be made, or if those persons refuse to accept the document without justifiable grounds: leaving the document at the place where service is to be made.
書類の送達を受けるべき者その他前号に規定する者が送達すべき場所にいない場合又はこれらの者が正当な理由がなく書類の受取を拒んだ場合 送達すべき場所に書類を差し置くこと。
Where a document prescribed in paragraph (1) has been dispatched by ordinary postal service or correspondence delivery, except where this Act makes special provision, the postal item, or the item of correspondence delivery prescribed in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (hereinafter in Article 20-5-3 and Article 22-5 referred to as an "item of correspondence delivery"), is presumed to have been served at the time it would ordinarily have arrived.
In the case prescribed in the preceding paragraph, the head of a local government must prepare a record sufficient to confirm the name of the document, the name and destination of the person to be served, and the date of dispatch.
Article 20-2Service by Publication
第二十条の二(公示送達)
Where, with regard to a document to be served under the preceding Article, the address, residence, office and place of business of the person to be served are unknown, or where it is found that there are difficult circumstances regarding service to be made in a foreign country, the head of a local government may effect service by publication in lieu of that service.
Service by publication is effected by taking measures to put the information necessary to identify the document to be served, the name of the person to be served, and the statement that the head of the local government keeps the document and will deliver it to the person to be served at any time (hereinafter in this paragraph referred to as the "particulars of the public notice") in a state in which they can be viewed by an unspecified large number of persons, by a method specified by Order of the Ministry of Internal Affairs and Communications, and by posting a document stating the particulars of the public notice on the bulletin board of the local government, or taking measures to put the particulars of the public notice, displayed on the screen of a computer installed at an office of the local government, in a state in which they can be viewed.
In the case referred to in the preceding paragraph, the document is deemed to have been served when seven days have elapsed counting from the day on which the measures under that paragraph were commenced.
Article 20-3Assessment and Collection of Prefectural Taxes by Municipalities
第二十条の三(市町村が行う道府県税の賦課徴収)
A prefecture must not have a municipality handle the affairs relating to the assessment and collection of prefectural taxes (excluding individual prefectural inhabitant tax; the same applies hereinafter in this Article). However, in the case where any of the following items applies, it may provide that the municipality is to handle them:
道府県は、道府県税(個人の道府県民税を除く。以下本条において同じ。)の賦課徴収に関する事務を市町村に処理させてはならない。ただし、次の各号のいずれかに該当する場合においては、市町村が処理することとすることができる。
when the address, residence, residential premises, office, place of business or property of the person liable for a prefectural tax or the special collection agent of a prefectural tax is located in an area where assessment and collection by the prefectural tax collection officials of that prefecture is exceedingly difficult;
when a municipality has agreed to handle part of the affairs relating to the assessment and collection of prefectural taxes.
市町村が道府県税の賦課徴収に関する事務の一部を処理することに同意したこと。
Where, pursuant to the proviso to the preceding paragraph, a prefecture has provided that a municipality is to handle part of the affairs relating to the assessment and collection of prefectural taxes, the prefecture must compensate for the expenses required for the municipality to perform those affairs.
道府県は、前項ただし書の規定によつて道府県税の賦課徴収に関する事務の一部を市町村が処理することとした場合においては、当該市町村においてその事務を行うために要する費用を補償しなければならない。
The compensation under the preceding paragraph must be made within 30 days at the latest from the day on which the municipality made a request.
前項の補償は、市町村の請求があつた日から、遅くとも、三十日以内にしなければならない。
Article 20-4Entrustment of Collection to Another Local Government
第二十条の四(他の地方団体への徴収の嘱託)
Where a person who is to pay or remit local government levies has an address, residence, residential premises, office or place of business outside that local government, or the person's property is located outside it, that local government may entrust the collection to the local government in whose area the person's address, residence, residential premises, office or place of business, or the person's property, is located.
Collection in the case referred to in the preceding paragraph is carried out in the same manner as collection by the local government that has received the entrustment.
Where collection has been entrusted under paragraph (1), the expenses required for the affairs relating to the entrustment and for remittance of money are borne by the local government that received the entrustment, and the demand fees and expenses for the delinquent tax collection procedure accompanying the affairs relating to the entrustment constitute revenue of the local government that received the entrustment.
Article 20-4-2Calculation of Fractions of the Tax Base, Tax Amounts, etc.
第二十条の四の二(課税標準額、税額等の端数計算)
When calculating the amount of the tax base of a local tax, if that amount includes a fractional amount of less than 1,000 yen, or if the whole amount is less than 1,000 yen, the fractional amount or the whole amount is to be discarded. However, this does not apply to a local tax specified by Cabinet Order.
地方税の課税標準額を計算する場合において、その額に千円未満の端数があるとき、又はその全額が千円未満であるときは、その端数金額又はその全額を切り捨てる。ただし、政令で定める地方税については、この限りでない。
When calculating the amount of a delinquency charge or additional charge, if the tax amount forming the basis of the calculation includes a fractional amount of less than 1,000 yen, or if the whole of that tax amount is less than 2,000 yen, the fractional amount or the whole amount is to be discarded.
延滞金又は加算金の額を計算する場合において、その計算の基礎となる税額に千円未満の端数があるとき、又はその税額の全額が二千円未満であるときは、その端数金額又はその全額を切り捨てる。
If the finalized amount of a local tax includes a fractional amount of less than 100 yen, or if the whole amount is less than 100 yen, the fractional amount or the whole amount is to be discarded. However, with regard to the finalized amount of a local tax specified by Cabinet Order, if that amount includes a fractional amount of less than one yen, or if the whole amount is less than one yen, the fractional amount or the whole amount is to be discarded.
地方税の確定金額に百円未満の端数があるとき、又はその全額が百円未満であるときは、その端数金額又はその全額を切り捨てる。ただし、政令で定める地方税の確定金額については、その額に一円未満の端数があるとき、又はその全額が一円未満であるときは、その端数金額又はその全額を切り捨てる。
If the finalized amount of the expenses for the delinquent tax collection procedure includes a fractional amount of less than 100 yen, or if the whole amount is less than 100 yen, the fractional amount or the whole amount is to be discarded.
滞納処分費の確定金額に百円未満の端数があるとき、又はその全額が百円未満であるときは、その端数金額又はその全額を切り捨てる。
Where a finalized amount of a delinquency charge or additional charge includes a fractional amount of less than 100 yen, or where the whole of it is less than 1,000 yen, that fractional amount or the whole amount is to be discarded.
延滞金又は加算金の確定金額に百円未満の端数があるとき、又はその全額が千円未満であるときは、その端数金額又はその全額を切り捨てる。
Where a finalized amount of a local tax is to be paid or remitted in installments of fixed amounts with two or more due dates for payment set, if the installment amount for each due date for payment includes a fractional amount of less than 1,000 yen, or if the whole of the installment amount is less than 1,000 yen, that fractional amount or the whole amount is to be added in its entirety to the installment amount for the first due date for payment; provided, however, that this does not apply where a local government has provided otherwise by the Prefectural or Municipal Ordinance of that local government.
The provisions of paragraphs (2) and (5) apply mutatis mutandis to interest on refund. In this case, the phrase "tax amount" in paragraph (2) is deemed to be replaced with "amount of the overpayment or payment by mistake or the refund under the provisions of this Act".
For the purpose of applying the provisions of paragraph (2), paragraph (3) (limited to the part providing that, where the whole of the finalized amount of a local tax is less than 100 yen, the whole is to be discarded) and the preceding three paragraphs, individual municipal inhabitant tax, individual prefectural inhabitant tax collected together with it pursuant to Article 41, paragraph (1), and forest environment tax assessed and collected together with these pursuant to Article 7, paragraph (1) of the Act on the Forest Environment Tax and the Forest Environment Transfer Tax, or fixed assets tax and city planning tax collected together with it pursuant to Article 702-8, paragraph (1), are each deemed to be one local tax. In this case, for the application of paragraph (6) to individual municipal inhabitant tax, individual prefectural inhabitant tax and forest environment tax collected by special collection, the phrase "1,000 yen" in that paragraph is deemed to be replaced with "100 yen".
第二項、第三項(地方税の確定金額の全額が百円未満であるときにおいて、その全額を切り捨てる部分に限る。)及び前三項の規定の適用については、個人の市町村民税、第四十一条第一項の規定によりこれと併せて徴収する個人の道府県民税及び森林環境税及び森林環境譲与税に関する法律第七条第一項の規定によりこれらと併せて賦課徴収を行う森林環境税又は固定資産税及び第七百二条の八第一項の規定によりこれと併せて徴収する都市計画税については、それぞれ一の地方税とみなす。この場合において、特別徴収の方法によつて徴収する個人の市町村民税、個人の道府県民税及び森林環境税に対する第六項の規定の適用については、同項中「千円」とあるのは、「百円」とする。
For national health insurance tax collected by special collection, the phrase "1,000 yen" in paragraph (6) is deemed to be replaced with "100 yen".
Article 20-5Computation of Periods and Special Provisions on Time Limits
第二十条の五(期間の計算及び期限の特例)
The computation of periods prescribed in this Act or in a Prefectural or Municipal Ordinance based on it is governed by Articles 139 through 141 and Article 143 of the Civil Code.
この法律又はこれに基づく条例に定める期間の計算については、民法第百三十九条から第百四十一条まで及び第百四十三条に定めるところによる。
Where a time limit determined by the provisions of this Act or a Prefectural or Municipal Ordinance based on it (excluding a time limit specified by Cabinet Order) falls on a holiday prescribed in Article 142 of the Civil Code or on any other day specified by Cabinet Order, the day following that day is deemed to be the time limit, notwithstanding the provisions of this Act or the Prefectural or Municipal Ordinance concerned.
この法律又はこれに基づく条例の規定により定められている期限(政令で定める期限を除く。)が民法第百四十二条に規定する休日その他政令で定める日に該当するときは、この法律又は当該条例の規定にかかわらず、これらの日の翌日をその期限とみなす。
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
head of a local governmentmachine translation
「地方団体の長」
The governor of a prefecture (道府県知事) or the mayor of a municipality (市町村長).
Defined inArticle 1, paragraph (1), item (ii)· applies throughout the law
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
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
special collectionmachine translation
「特別徴収」
The method of collecting a local tax by having a person who is well placed to collect it do so and pay in the tax collected (Article 1, paragraph 1, item 9).
Defined inArticle 1, paragraph (1), item (ix)· applies throughout the law
special collection agentmachine translation
「特別徴収義務者」
A person obliged to collect a local tax by special collection (特別徴収) and pay it in (Article 1, paragraph 1, item 10).
Defined inArticle 1, paragraph (1), item (x)· 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
correspondence deliverymachine translation
「信書便」
Correspondence delivery (信書便) as defined in Article 2, paragraph 2 of the Act on Correspondence Delivery by Private Business Operators, carried out by a general correspondence delivery operator (一般信書便事業者) or specified correspondence delivery operator (特定信書便事業者) under that Act, which this law allows alongside the post for sending notices and documents.
Short name set inArticle 8, paragraph (5)
interest on refundmachine translation
「還付加算金」
Interest the head of a local government (地方団体の長) adds when refunding an overpayment or payment by mistake (過誤納金) or applying it to other sums, at 7.3% a year for the days from the day after a date Article 17-4, paragraph 1 sets for each kind of overpayment until the refund is decided or the sum applied.
Short name set inArticle 17-4, paragraph (1)
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
item of correspondence deliverymachine translation
「信書便物」
A letter carried by correspondence delivery (信書便), together with its packaging and anything else enclosed, as defined in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators; one sent in the ordinary way is presumed served when it would normally have arrived.
Short name set inArticle 20, paragraph (4)· applies only in this provision and in Articles 20-5-3 and 22-5
particulars of the public noticemachine translation
「公示事項」
What service by public notice (公示送達) makes available for anyone to view: the information needed to identify the document to be served, the name of the person it is to be served on, and that the head of the local government keeps the document and will hand it to that person at any time.
Short name set inArticle 20-2, paragraph (2)· applies only in this paragraph
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.
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.