第七十一条の五十五(株式等譲渡所得割に係る納入金の過少申告加算金及び不申告加算金)
In the case where a remittance return is filed by the deadline for filing the remittance return (including the case where it is filed after the deadline for filing the remittance return and the proviso to paragraph (3) or the provisions of paragraph (9) apply; the same applies in the following paragraph), when a reassessment under the provisions of Article 71-52, paragraph (1) or (3) has been made, the prefectural governor must, where finding that there were no justifiable grounds for the error in the amount of the tax base or the tax amount pertaining to the remittance return before that reassessment, collect an amount of additional charge for understatement equivalent to the amount calculated by multiplying the shortfall resulting from that reassessment (referred to as the "covered shortfall" in the following paragraph) by a rate of 10 percent.
In the case falling under the provisions of the preceding paragraph, where the covered shortfall (where a reassessment was made before that reassessment with respect to the share transfer income levy pertaining to that reassessment, the amount obtained by adding the total of the shortfalls resulting from that earlier reassessment (where it has been found that there were justifiable grounds for the error in the amount of the tax base or the tax amount pertaining to the remittance return before that earlier reassessment, the amount after deducting the shortfall resulting from that earlier reassessment, and where there has been a change in the original disposition by a reassessment that reduces the amount to be remitted for that share transfer income levy, or by a ruling or judgment on a request for review of or an action concerning the reassessment, the amount after deducting the amount equivalent to the amount of the portion reduced thereby)) exceeds the greater of the amount equivalent to the tax amount pertaining to the remittance return in the case where it was filed by the deadline for filing the remittance return and 500,000 yen, the amount of additional charge for understatement prescribed in that paragraph is, notwithstanding the provisions of that paragraph, to be the amount obtained by adding, to the amount calculated pursuant to the provisions of that paragraph, the amount calculated by multiplying the amount equivalent to the portion exceeding that amount (where the covered shortfall is less than the amount equivalent to the portion exceeding that amount, the covered shortfall) by a rate of five percent.
前項の規定に該当する場合において、当該対象不足金額(当該更正前にその更正に係る株式等譲渡所得割について更正があつた場合には、その更正による不足金額の合計額(当該更正前の納入申告に係る課税標準額又は税額に誤りがあつたことについて正当な事由があると認められたときは、その更正による不足金額を控除した金額とし、当該株式等譲渡所得割についてその納入すべき金額を減少させる更正又は更正に係る審査請求若しくは訴えについての裁決若しくは判決による原処分の異動があつたときは、これらにより減少した部分の金額に相当する金額を控除した金額とする。)を加算した金額とする。)が納入申告書の提出期限までにその提出があつた場合における当該納入申告書に係る税額に相当する金額と五十万円とのいずれか多い金額を超えるときは、同項に規定する過少申告加算金額は、同項の規定にかかわらず、同項の規定により計算した金額に、その超える部分に相当する金額(当該対象不足金額が当該超える部分に相当する金額に満たないときは、当該対象不足金額)に百分の五の割合を乗じて計算した金額を加算した金額とする。
In any of the following cases, the prefectural governor must collect an amount of additional charge for failure to file equivalent to the amount calculated by multiplying the tax amount to be remitted by the remittance return, determination or reassessment prescribed in each such item by a rate of 15 percent; provided, however, that this does not apply where it is found that there were justifiable grounds for the remittance return not having been submitted by the deadline for filing it.
次の各号のいずれかに該当する場合には、道府県知事は、当該各号に規定する納入申告、決定又は更正により納入すべき税額に百分の十五の割合を乗じて計算した金額に相当する不申告加算金額を徴収しなければならない。ただし、納入申告書の提出期限までにその提出がなかつたことについて正当な理由があると認められる場合は、この限りでない。
Where a remittance return is filed after the deadline for filing the remittance return, or where a determination under the provisions of Article 71-52, paragraph (2) has been made;
納入申告書の提出期限後にその提出があつた場合又は第七十一条の五十二第二項の規定による決定があつた場合
Where, after a remittance return was filed after the deadline for filing the remittance return, a reassessment under the provisions of Article 71-52, paragraph (1) or (3) has been made;
納入申告書の提出期限後にその提出があつた後において第七十一条の五十二第一項又は第三項の規定による更正があつた場合
Where, after a determination under the provisions of Article 71-52, paragraph (2) was made, a reassessment under the provisions of paragraph (3) of that Article has been made.
第七十一条の五十二第二項の規定による決定があつた後において同条第三項の規定による更正があつた場合
In the case falling under the provisions of the preceding paragraph (excluding the case where the proviso to that paragraph or the provisions of paragraph (9) apply; the same applies in the following paragraph and paragraph (6)), where the tax amount to be remitted prescribed in the preceding paragraph (in the case falling under item (ii) or (iii) of that paragraph, the amount obtained by adding the total of the tax amounts to be remitted through a remittance return filed after the deadline for filing the remittance return for that share transfer income levy, made before the reassessment prescribed in those provisions, or through a reassessment or determination under the provisions of Article 71-52, paragraphs (1) through (3) (where there has been a change in the original disposition by a reassessment that reduces that tax amount to be remitted, or by a ruling or judgment on a request for review of or an action concerning the reassessment, the amount obtained by deducting the amount equivalent to the tax amount of the portion reduced thereby; referred to as the "cumulative remitted tax amount" in the following paragraph); referred to as the "cumulative remitted tax amount after addition" in the following paragraph) exceeds 500,000 yen, the amount of additional charge for failure to file prescribed in the preceding paragraph is, notwithstanding the provisions of that paragraph, to be the amount obtained by adding, to the amount calculated pursuant to the provisions of that paragraph, the amount calculated by multiplying the amount equivalent to the portion exceeding that amount (where the tax amount to be remitted prescribed in that paragraph is less than the amount equivalent to the portion exceeding that amount, that tax amount to be remitted) by a rate of five percent.
前項の規定に該当する場合(同項ただし書又は第九項の規定の適用がある場合を除く。次項及び第六項において同じ。)において、前項に規定する納入すべき税額(同項第二号又は第三号に該当する場合には、これらの規定に規定する更正前にされた当該株式等譲渡所得割に係る納入申告書の提出期限後の納入申告又は第七十一条の五十二第一項から第三項までの規定による更正若しくは決定により納入すべき税額の合計額(当該納入すべき税額を減少させる更正又は更正に係る審査請求若しくは訴えについての裁決若しくは判決による原処分の異動があつたときは、これらにより減少した部分の税額に相当する金額を控除した金額とする。次項において「累積納入税額」という。)を加算した金額。次項において「加算後累積納入税額」という。)が五十万円を超えるときは、前項に規定する不申告加算金額は、同項の規定にかかわらず、同項の規定により計算した金額に、その超える部分に相当する金額(同項に規定する納入すべき税額が当該超える部分に相当する金額に満たないときは、当該納入すべき税額)に百分の五の割合を乗じて計算した金額を加算した金額とする。
In the case falling under the provisions of paragraph (3), where the cumulative remitted tax amount after addition (where, among the facts that formed the basis for calculating that cumulative remitted tax amount after addition, there is any that is found not to have been included in the basis for calculating the tax amount (including the tax amount equivalent to the amount of refunds) before the remittance return, determination or reassessment prescribed in each item of that paragraph for reasons not attributable to the special collection agent, the tax amount after deducting the amount calculated, as provided by Cabinet Order, as the tax amount based on that fact) exceeds 3,000,000 yen, the amount of additional charge for failure to file prescribed in that paragraph is, notwithstanding the preceding two paragraphs, to be the amount obtained by deducting, from the total of the amounts calculated by dividing the cumulative remitted tax amount after addition into the amounts listed in the following items and multiplying each amount by the rate specified in the relevant item, the total of the amounts calculated by dividing the cumulative remitted tax amount into the amounts listed in those items and multiplying each amount by the rate specified in the relevant item.
第三項の規定に該当する場合において、加算後累積納入税額(当該加算後累積納入税額の計算の基礎となつた事実のうちに同項各号に規定する納入申告、決定又は更正前の税額(還付金の額に相当する税額を含む。)の計算の基礎とされていなかつたことについて当該特別徴収義務者の責めに帰すべき事由がないと認められるものがあるときは、その事実に基づく税額として政令で定めるところにより計算した金額を控除した税額)が三百万円を超えるときは、同項に規定する不申告加算金額は、前二項の規定にかかわらず、加算後累積納入税額を次の各号に掲げる金額に区分してそれぞれの金額に当該各号に定める割合を乗じて計算した金額の合計額から累積納入税額を当該各号に掲げる金額に区分してそれぞれの金額に当該各号に定める割合を乗じて計算した金額の合計額を控除した金額とする。
The amount equivalent to the portion not exceeding 500,000 yen: a rate of 15 percent
五十万円以下の部分に相当する金額 百分の十五の割合
The amount equivalent to the portion exceeding 500,000 yen and not exceeding 3,000,000 yen: a rate of 20 percent
五十万円を超え三百万円以下の部分に相当する金額 百分の二十の割合
The amount equivalent to the portion exceeding 3,000,000 yen: a rate of 30 percent
三百万円を超える部分に相当する金額 百分の三十の割合
In the case falling under the provisions of paragraph (3), when any of the following items applies, the amount of additional charge for failure to file prescribed in that paragraph is, notwithstanding the preceding three paragraphs, to be the amount obtained by adding, to the amount calculated pursuant to those provisions, the amount calculated by multiplying the tax amount to be remitted prescribed in paragraph (3) by a rate of 10 percent.
Where, in respect of the share transfer income levy, an additional charge for failure to file (excluding one to which the provisions of the following paragraph apply; the same applies in the following item) or a substantial additional charge (referred to as "additional charge for failure to file, etc." in paragraph (3), item (i) of the following Article) has been collected during the period up to the day five years before, counted from the day preceding the day on which a remittance return was filed after the deadline for filing the remittance return (limited to filing made with foreseeing that a determination would be made by the prefectural governor following an investigation regarding the share transfer income levy pertaining to that remittance return; the same applies in the following item) or a reassessment or determination under the provisions of Article 71-52, paragraphs (1) through (3) was made;
Where, in respect of a share transfer income levy for which the special collection obligation arose in the year immediately preceding, and the year before that preceding, the year containing the day on which the special collection obligation arose for the share transfer income levy pertaining to a remittance return filed after the deadline for filing the remittance return or a reassessment or determination under the provisions of Article 71-52, paragraphs (1) through (3), an additional charge for failure to file or a substantial additional charge (limited to one to which the provisions of paragraph (2) of the following Article apply) (hereinafter in this item and paragraph (3), item (ii) of the following Article referred to as "specified additional charge for failure to file, etc.") has been collected, or where it is found that a determination should be made concerning a specified additional charge for failure to file, etc.
納入申告書の提出期限後のその提出又は第七十一条の五十二第一項から第三項までの規定による更正若しくは決定に係る株式等譲渡所得割の特別徴収義務が成立した日の属する年の前年及び前々年に特別徴収義務が成立した株式等譲渡所得割について、不申告加算金若しくは重加算金(次条第二項の規定の適用があるものに限る。)(以下この号及び次条第三項第二号において「特定不申告加算金等」という。)を徴収されたことがあり、又は特定不申告加算金等に係る決定をすべきと認める場合
In the case where a remittance return is filed after the deadline for filing the remittance return, if that filing was not made with foreseeing that a determination would be made by the prefectural governor following an investigation regarding the share transfer income levy pertaining to that remittance return, the amount of additional charge for failure to file prescribed in paragraph (3) pertaining to the tax amount pertaining to that remittance return is, notwithstanding the provisions of that paragraph through paragraph (5), to be the amount equivalent to the amount calculated by multiplying that tax amount by a rate of five percent.
When the prefectural governor has determined the amount of additional charge for understatement to be collected pursuant to the provisions of paragraph (1) or the amount of additional charge for failure to file to be collected pursuant to the provisions of paragraph (3), the prefectural governor must, without delay, notify the special collection agent thereof.
The provisions of paragraph (3) do not apply where a remittance return falling under the provisions of paragraph (7) has been submitted, if the submission was made in a case specified by Cabinet Order as a case in which it is found that there was an intention to submit it by the deadline for filing the remittance return, and was made by the day on which one month has passed from the deadline for filing the remittance return.
Article 71-56Substantial Additional Charges on Remittances of the Share Transfer Income Levy
第七十一条の五十六(株式等譲渡所得割に係る納入金の重加算金)
In the case falling under the provisions of paragraph (1) of the preceding Article, where a special collection agent has concealed or disguised all or part of the facts that are to form the basis for calculating the amount of the tax base, and has filed a remittance return or a written request for reassessment prescribed in Article 20-9-3, paragraph (3) (referred to as "written request for reassessment" in the following paragraph) based on the concealed or disguised facts, the prefectural governor must, as provided by Cabinet Order, collect, in place of the amount of additional charge for understatement prescribed in paragraph (1) of the preceding Article (where the provisions of paragraph (2) of that Article apply, the amount after the addition under the provisions of that paragraph), the amount of substantial additional charge equivalent to the amount calculated by multiplying the shortfall resulting from the reassessment that is to form the basis for its calculation by a rate of 35 percent.
In the case falling under the provisions of paragraph (3) of the preceding Article (excluding the case where the proviso to that paragraph applies), where a special collection agent has concealed or disguised all or part of the facts that are to form the basis for calculating the amount of the tax base, and, based on the concealed or disguised facts, has not filed the remittance return by the deadline for filing the remittance return, or has filed it after the deadline for filing the remittance return, or has filed a written request for reassessment, the prefectural governor must collect, in place of the amount of additional charge for failure to file prescribed in that paragraph, the amount of substantial additional charge equivalent to the amount calculated by multiplying the tax amount that is to form the basis for its calculation by a rate of 40 percent.
In the case falling under the preceding two paragraphs, when any of the following items applies (item (i) in the case falling under paragraph (1)), the amount of substantial additional charge prescribed in the preceding two paragraphs is, notwithstanding those paragraphs, the amount calculated under those paragraphs plus the amount calculated by multiplying, by a rate of 10 percent, in the case falling under paragraph (1), the shortfall amount due to the reassessment forming the basis for calculation prescribed in that paragraph, and in the case falling under the preceding paragraph, the tax amount forming the basis for calculation prescribed in that paragraph.
Where, based on the concealed or disguised facts that are to form the basis for calculating the amount of the tax base prescribed in the preceding two paragraphs, an additional charge for failure to file, etc. has been collected in respect of the share transfer income levy during the period up to the day five years before, counted from the day preceding the day on which a remittance return was filed after the deadline for filing the remittance return or a reassessment or determination under the provisions of Article 71-52, paragraphs (1) through (3) was made;
前二項に規定する課税標準額の計算の基礎となるべき事実で隠蔽し、又は仮装されたものに基づき納入申告書の提出期限後のその提出又は第七十一条の五十二第一項から第三項までの規定による更正若しくは決定があつた日の前日から起算して五年前の日までの間に、株式等譲渡所得割について、不申告加算金等を徴収されたことがある場合
Where, in respect of a share transfer income levy for which the special collection obligation arose in the year immediately preceding, and the year before that preceding, the year containing the day on which the special collection obligation arose for the share transfer income levy pertaining to a remittance return filed after the deadline for filing the remittance return or a reassessment or determination under the provisions of Article 71-52, paragraphs (1) through (3), a specified additional charge for failure to file, etc. has been collected, or where it is found that a determination should be made concerning a specified additional charge for failure to file, etc.
納入申告書の提出期限後のその提出又は第七十一条の五十二第一項から第三項までの規定による更正若しくは決定に係る株式等譲渡所得割の特別徴収義務が成立した日の属する年の前年及び前々年に特別徴収義務が成立した株式等譲渡所得割について、特定不申告加算金等を徴収されたことがあり、又は特定不申告加算金等に係る決定をすべきと認める場合
Where the prefectural governor finds that a case falls under the preceding two paragraphs and the circumstances prescribed in paragraph (7) of the preceding Article exist with respect to the filing of the remittance return, the prefectural governor does not collect the amount of substantial additional charge calculated on the basis of the tax amount pertaining to that remittance return.
When a prefectural governor has determined the amount of substantial additional charge to be collected under paragraph (1) or (2), the governor must notify the special collection agent of it without delay.
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
remittance returnmachine translation
「納入申告書」
The return a special collector (特別徴収義務者) of the share transfer income levy (株式等譲渡所得割) of prefectural inhabitant tax files, on a form a Ministry of Internal Affairs and Communications Order (総務省令) sets, by 10 January of the year after it collects the levy (or another day a Cabinet Order (政令) sets), with the governor of the prefecture where the individual receiving the payment lives on 1 January of the year it is due, stating the tax base, the tax amount and other matters of the levy it collected.
Short name set inArticle 71-51, paragraph (2)· applies only in this subsection
covered shortfallmachine translation
「対象不足金額」
The shortfall in the amount to be paid in that a reassessment (更正) reveals on a payment return (納入申告書) or return filed on time, on which the additional charge for understatement (過少申告加算金) is worked out.
Short name set inArticle 71-55, paragraph (1)· applies only in this provision and in Article 71-55, paragraph (2)
cumulative remitted tax amount after additionmachine translation
「加算後累積納入税額」
For an additional charge for failure to file (不申告加算金) on a tax paid in (納入) by a special collector — the separately taxed income levy (分離課税に係る所得割), the interest levy (利子割), dividend levy (配当割) or share transfer income levy (株式等譲渡所得割), golf course use tax (ゴルフ場利用税), bathing tax (入湯税) or water-use benefit tax, etc. (水利地益税等) — the tax to be paid in that the penalty is charged on plus, where it follows an earlier late filing, reassessment (更正) or determination (決定) of the same tax, the tax to be paid in on those earlier ones (累積納入税額, the cumulative paid-in tax amount); where this exceeds 500,000 yen, the penalty is raised by 5 per cent of the excess.
Short name set inArticle 71-55, paragraph (4)· applies only in this provision and in Article 71-55, paragraph (5)
cumulative remitted tax amountmachine translation
「累積納入税額」
Where the additional charge for failure to file (不申告加算金) on the share transfer income levy (株式等譲渡所得割) is charged on a reassessment that follows a late remittance return or an earlier determination, the total tax to be paid in under the late return and the reassessments and determinations made before that reassessment, less any part later reduced by a reassessment or by a ruling or judgment on an appeal; it is added to the tax the penalty is charged on to see whether the total exceeds 500,000 yen.
Short name set inArticle 71-55, paragraph (4)· applies only in this provision and in Article 71-55, paragraph (5)
additional charge for failure to file, etc.machine translation
「不申告加算金等」
An additional charge for failure to file (不申告加算金) or a substantial additional charge (重加算金) collected on the tax the provision concerns, leaving out an additional charge for failure to file covered by the next paragraph (in Article 72-46, one collected in the cases that paragraph lists).
Short name set inArticle 71-55, paragraph (6), item (i)· applies only in this provision and in Article 71-56, paragraph (3), item (i)
specified additional charge for failure to file, etc.machine translation
「特定不申告加算金等」
An additional charge for failure to file (不申告加算金), or a substantial additional charge (重加算金) of the kind the following Article's paragraph 2 provides, on the same tax for the two years before the year in which the tax liability, or business year, of the late return, amended return, reassessment or determination at issue arose, that was collected or that the local government finds should be decided.
Short name set inArticle 71-55, paragraph (6), item (ii)· applies only in this item and in Article 71-56, paragraph (3), item (ii)
written request for reassessmentmachine translation
「更正請求書」
The written request for reassessment that Article 20-9-3, paragraph 3 requires a person making a request for reassessment (更正の請求) to submit to the head of the local government (地方団体の長), stating the corrected tax base or tax amount, the reasons for the request, the circumstances that led to it in detail, the tax and refund amounts before the correction and other relevant matters.
Short name set inArticle 71-56, paragraph (1)· applies only in this provision and in Article 71-56, paragraph (2)
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.