第二百七十二条(道府県法定外普通税に係る虚偽の申告等に関する罪)
If a false return or report is made on matters to be declared or reported pursuant to the provisions of the preceding Article, the person who committed the violation is to be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.
前条の規定により申告し、又は報告すべき事項について虚偽の申告又は報告をしたときは、その違反行為をした者は、一年以下の拘禁刑又は五十万円以下の罰金に処する。
Where a representative of a corporation, or an agent, employee or other worker of a corporation or person, has committed a violation set forth in the preceding paragraph in connection with the business or property of that corporation or person, in addition to punishing the offender, the fine prescribed in that paragraph is to be imposed on that corporation or person.
第二百七十三条(道府県法定外普通税に係る不申告等に関する過料)
A prefecture may establish a provision in the Prefectural Ordinance of that prefecture to the effect that, where a person liable for prefectural non-statutory ordinary tax, without justifiable grounds, fails to make a declaration or report on matters to be declared or reported under Article 271, a non-penal fine of not more than 100,000 yen is to be imposed on that person.
Article 274Reduction or Exemption of Prefectural Non-Statutory Ordinary Tax
第二百七十四条(道府県法定外普通税の減免)
A prefectural governor may reduce or exempt that prefectural non-statutory ordinary tax, in accordance with the Prefectural Ordinance of the prefecture concerned, only for a person who is found to need a reduction or exemption of prefectural non-statutory ordinary tax in the case of a natural disaster or other special circumstances, a person who receives public or private assistance for living because of poverty, and other persons in special circumstances. However, this does not apply to a special collection agent.
Article 274-2Procedures for Filing and Payment of Prefectural Non-Statutory Ordinary Tax, etc.
第二百七十四条の二(道府県法定外普通税の申告納付の手続等)
A taxpayer who is to pay prefectural non-statutory ordinary tax by filing and payment must submit to the prefectural governor a return stating the tax base amount and the tax amount for the period specified by the Prefectural Ordinance of the prefecture concerned and other matters specified by that Ordinance, by the due date for payment specified by that Ordinance, and pay the declared tax amount to that prefecture.
A person who has submitted a return under the preceding paragraph must, where the tax base amount or tax amount relating to the declaration has to be amended after submitting the return, without delay submit an amended return in the form specified by the Prefectural Ordinance of the prefecture concerned and, if there is a tax amount increased by the amendment, pay it.
前項の規定によつて申告書を提出した者は、申告書を提出した後においてその申告に係る課税標準額又は税額を修正しなければならない場合においては、当該道府県の条例で定める様式によつて、遅滞なく、修正申告書を提出するとともに、修正に因り増加した税額があるときは、これを納付しなければならない。
Article 275Procedures for Special Collection of Prefectural Non-Statutory Ordinary Tax
第二百七十五条(道府県法定外普通税の特別徴収の手続)
Where prefectural non-statutory ordinary tax is to be collected by special collection, a person in a convenient position to collect that prefectural non-statutory ordinary tax must be designated as a special collection agent by the Prefectural Ordinance of the prefecture concerned, and made to collect the tax.
The special collection agent referred to in the preceding paragraph is obligated to submit to the prefectural governor, by the due date for payment of that prefectural non-statutory ordinary tax, a remittance return stating the tax base amount and tax amount relating to the prefectural non-statutory ordinary tax to be collected and other matters specified by that Ordinance, and to remit the amount to be remitted to that prefecture.
With respect to the portion of the remittance made under the preceding paragraph that is equivalent to the tax that the taxpayer of the prefectural non-statutory ordinary tax has not paid to the special collection agent, the special collection agent has a right to reimbursement against that taxpayer.
Where a special collection agent has brought an action based on the right to reimbursement referred to in the preceding paragraph, prefectural tax collection officials must provide evidence and other necessary assistance, except in matters concerning official secrets.
Article 276Reassessment and Determination Relating to Prefectural Non-Statutory Ordinary Tax
第二百七十六条(道府県法定外普通税に係る更正及び決定)
Where a remittance return under paragraph (2) of the preceding Article (including a return under Article 274-2, paragraph (1); the same applies hereinafter to prefectural non-statutory ordinary tax) or an amended return under Article 274-2, paragraph (2) has been submitted, the prefectural governor may reassess the tax base amount or tax amount if the tax base amount or tax amount relating to the remittance return (including a filing under Article 274-2, paragraph (1); the same applies hereinafter to prefectural non-statutory ordinary tax) or amended return differs from what the governor has found by investigation.
道府県知事は、前条第二項の規定による納入申告書(第二百七十四条の二第一項の規定による申告書を含む。以下道府県法定外普通税について同様とする。)又は第二百七十四条の二第二項の規定による修正申告書の提出があつた場合において、納入申告(第二百七十四条の二第一項の規定による申告を含む。以下道府県法定外普通税について同様とする。)又は修正申告に係る課税標準額又は税額がその調査したところと異なるときは、これを更正することができる。
Where a taxpayer or special collection agent has not submitted the remittance return referred to in the preceding paragraph, the prefectural governor may determine, through investigation, the tax base amount and tax amount for which a remittance return should be filed.
The prefectural governor may reassess the tax base amount or tax amount reassessed or determined under the preceding two paragraphs only where, through investigation, the governor finds that it is excessive, or finds that it is insufficient and that the insufficiency is due to fraud or other wrongful act of the taxpayer or special collection agent.
When the prefectural governor has made a reassessment or determination under the preceding three paragraphs, the governor must notify the taxpayer or special collection agent of it without delay.
第二百七十七条(道府県法定外普通税に係る不足金額及びその延滞金の徴収)
Where a reassessment or determination has been made under paragraphs (1) through (3) of the preceding Article and there is a shortfall amount (meaning the shortfall in the tax or remittance resulting from a reassessment, or the tax amount or amount of remittance resulting from a determination; the same applies hereinafter to prefectural non-statutory ordinary tax), a prefectural tax collection official must collect it, with the day on which one month has passed from the day on which the notice under paragraph (4) of that Article was given as the due date for payment.
道府県の徴税吏員は、前条第一項から第三項までの規定による更正又は決定があつた場合において、不足金額(更正に因る税金若しくは納入金の不足金額又は決定に因る税額若しくは納入金額をいう。以下道府県法定外普通税について同様とする。)があるときは、同条第四項の通知をした日から一月を経過した日を納期限として、これを徴収しなければならない。
In the case referred to in the preceding paragraph, the shortfall amount must be collected with the addition of an amount of delinquency charge equivalent to the amount calculated by multiplying the shortfall amount by a rate of 14.6 percent per annum (7.3 percent per annum for the period up to the due date for payment referred to in the preceding paragraph or the period until the day on which one month has elapsed from the day following that due date for payment), according to the number of days in the period from the day following the due date for payment under Article 274-2, paragraph (1) or Article 275, paragraph (2) (where there has been an extension of the due date for payment, the extended due date for payment; the same applies hereinafter to prefectural non-statutory ordinary tax) until the date of payment or remittance.
前項の場合においては、その不足金額に第二百七十四条の二第一項又は第二百七十五条第二項の納期限(納期限の延長があつたときは、その延長された納期限とする。以下道府県法定外普通税について同様とする。)の翌日から納付又は納入の日までの期間の日数に応じ、年十四・六パーセント(前項の納期限までの期間又は当該納期限の翌日から一月を経過する日までの期間については、年七・三パーセント)の割合を乗じて計算した金額に相当する延滞金額を加算して徴収しなければならない。
A prefectural governor may reduce or exempt the amount of delinquency charge referred to in the preceding paragraph if the governor finds that there were unavoidable grounds for the taxpayer or special collection agent having received the reassessment or determination under paragraph (1) or (2) of the preceding Article.
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
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
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
remittancemachine translation
「納入金」
Local tax that a special collector (特別徴収義務者) collects and must pay in to the local government.
Defined inArticle 1, paragraph (1), item (xii)· applies throughout the law
prefectural non-statutory ordinary taxmachine translation
「道府県法定外普通税」
An ordinary tax (普通税) that a prefecture creates under Article 4, paragraph 3, beyond the ordinary taxes listed in Article 4, paragraph 2.
Short name set inArticle 10-4, paragraph (2)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.
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.