Article 72-34Submission of Balance Sheets, etc.
第七十二条の三十四(貸借対照表等の提出)
When a corporation listed in Article 72-2, paragraph (1), item (i), (b) (excluding one that is to file and pay the revenue levy) submits a return or an amended return under Article 72-25, paragraph (9) (including as applied mutatis mutandis in Article 72-28, paragraph (2) and Article 72-29, paragraphs (2), (4) and (6)) or Article 72-26, paragraph (4), or after it has submitted that return or amended return, the prefectural governor for the location of its office or place of business may, where the governor finds it necessary for the assessment and collection of enterprise tax, require that corporation to submit a balance sheet, a profit and loss statement and other documents necessary for the assessment and collection of enterprise tax.
事務所又は事業所所在地の道府県知事は、第七十二条の二第一項第一号ロに掲げる法人(収入割を申告納付すべきものを除く。)が第七十二条の二十五第九項(第七十二条の二十八第二項並びに第七十二条の二十九第二項、第四項及び第六項において準用する場合を含む。)の規定又は第七十二条の二十六第四項の規定による申告書若しくは修正申告書を提出する場合又は当該申告書若しくは修正申告書を提出した後において、事業税の賦課徴収について必要があると認めるときは、当該法人に対し、貸借対照表、損益計算書その他の事業税の賦課徴収について必要な書類の提出を求めることができる。
No English for this paragraph yet.
削除
Article 72-37Offense of Intentional Failure to File Returns for Corporate Enterprise Tax
第七十二条の三十七(法人の事業税に係る故意不申告の罪)
Where, without justifiable grounds, a return under Article 72-25, paragraph (1), Article 72-28, paragraph (1), or Article 72-29, paragraph (1), (3) or (5) has not been submitted by the deadline for filing the return prescribed in the respective paragraph, the person who committed the violation, being a representative of the corporation (including an individual who is a trustee of a trust subject to corporate taxation), an agent, an employee or another worker, is to be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen; provided, however, that the punishment may be waived taking into account the circumstances.
正当な事由がなくて第七十二条の二十五第一項、第七十二条の二十八第一項又は第七十二条の二十九第一項、第三項若しくは第五項の規定による申告書を当該各項に規定する申告書の提出期限内に提出しなかつた場合には、法人の代表者(法人課税信託の受託者である個人を含む。)、代理人、使用人その他の従業者で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。ただし、情状により、その刑を免除することができる。
Where a representative of a corporation or an agent, employee or other worker has committed the violation referred to in the preceding paragraph in connection with the business or property of that corporation, in addition to punishing the offender, the fine prescribed in that paragraph is imposed on that corporation.
Where the provisions of the preceding paragraph apply to an association or foundation without juridical personality, in addition to the representative or administrator of the association or foundation without juridical personality representing it in its procedural acts, the provisions of laws and regulations concerning criminal proceedings in the case where a corporation is the defendant or suspect apply mutatis mutandis.
人格のない社団等について前項の規定の適用がある場合には、その代表者又は管理人がその訴訟行為につき当該人格のない社団等を代表するほか、法人を被告人又は被疑者とする場合の刑事訴訟に関する法律の規定を準用する。
Article 72-38Offense of False Interim Filing and Payment of Corporate Enterprise Tax
第七十二条の三十八(法人の事業税に係る虚偽の中間申告納付に関する罪)
Where a return under the proviso to Article 72-26, paragraph (1) is submitted with false statements, the person who committed the violation, being a representative of the corporation (including an individual who is a trustee of a trust subject to corporate taxation), an agent, an employee or another worker, is to be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.
第七十二条の二十六第一項ただし書の規定による申告書に虚偽の記載をして提出した場合においては、法人の代表者(法人課税信託の受託者である個人を含む。)、代理人、使用人その他の従業者で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 has committed the violation referred to in the preceding paragraph in connection with the business or property of that corporation, in addition to punishing the offender, the fine prescribed in that paragraph is imposed on that corporation.
第七十二条の三十八の二(第七十二条の二第一項第一号イに掲げる法人に係る法人の事業税の徴収猶予)
Where a corporation listed in Article 72-2, paragraph (1), item (i), (a) falls under any of the following items and the prefectural governor finds it difficult for the corporation to pay the enterprise tax of that prefecture (limited to the value-added levy, capital levy and income levy filed and paid under Article 72-25, 72-28 or 72-29), the governor may, upon application by that corporation, defer the collection of all or part of that enterprise tax for a period not exceeding three years from the day following the due date for payment of that enterprise tax. In this case, this does not preclude fixing the deadlines for payment by dividing that amount into installments as appropriate.
道府県知事は、第七十二条の二第一項第一号イに掲げる法人が次の各号のいずれかに該当する場合において、当該道府県の事業税(第七十二条の二十五、第七十二条の二十八又は第七十二条の二十九の規定により申告納付する付加価値割、資本割及び所得割に限る。)を納付することが困難であると認めるときは、当該法人の申請に基づき、当該事業税の納期限の翌日から三年以内の期間を限り、当該事業税の全部又は一部の徴収を猶予することができる。この場合においては、その金額を適宜分割して納付すべき期限を定めることを妨げない。
a corporation that has no income in each business year from the business year containing the day that is three years before, counting from the day following the last day of the business year pertaining to that enterprise tax return, up to the business year pertaining to that enterprise tax return, and that is specified by Cabinet Order;
a corporation that has no income in the business year pertaining to that enterprise tax return (limited to a business year whose last day is earlier than the day on which five years have elapsed counting from the date of establishment of the corporation) and that is specified by Cabinet Order.
In deferring collection under the preceding paragraph, the prefectural governor must, as provided by Cabinet Order, take security listed in the items of Article 16, paragraph (1) in an amount equivalent to the amount of the deferral; provided, however, that this does not apply where there are special circumstances in which security cannot be taken.
The application referred to in paragraph (1) must be made together with the submission of that enterprise tax return, as provided by Prefectural Ordinance.
The provisions of paragraph (1) apply only where, for each business year from the business year containing the day that is three years before, counting from the day following the last day of the business year pertaining to that enterprise tax return (for a corporation referred to in item (i) of that paragraph), or from the business year containing the day of establishment (for a corporation referred to in item (ii) of that paragraph), up to the business year preceding the business year pertaining to that enterprise tax return, the corporation has submitted the return to be submitted under Article 72-25, 72-28 or 72-29 (referred to in paragraph (8) as a "final return"), and has submitted that enterprise tax return by its deadline for filing.
Where the prefectural governor has deferred collection under paragraph (1) and finds that there is an unavoidable reason why the corporation cannot pay the deferred amount within the period of deferral, the governor may, upon application by that corporation, extend that period for a period not exceeding three years; provided, however, that that period, together with the period for which collection has already been deferred for that corporation under paragraph (1), must not exceed six years.
Where a corporation listed in Article 72-2, paragraph (1), item (i), (a) falls under any of the following items and the prefectural governor finds it difficult for the corporation to pay the enterprise tax of that prefecture (limited to the value-added levy, capital levy and income levy filed and paid under Article 72-26), the governor may, upon application by that corporation, defer the collection of all or part of that enterprise tax for a period not exceeding three years from the day following the due date for payment of that enterprise tax. In this case, this does not preclude fixing the deadlines for payment by dividing that amount into installments as appropriate.
道府県知事は、第七十二条の二第一項第一号イに掲げる法人が次の各号のいずれかに該当する場合において、当該道府県の事業税(第七十二条の二十六の規定により申告納付する付加価値割、資本割及び所得割に限る。)を納付することが困難であると認めるときは、当該法人の申請に基づき、当該事業税の納期限の翌日から三年以内の期間を限り、当該事業税の全部又は一部の徴収を猶予することができる。この場合においては、その金額を適宜分割して納付すべき期限を定めることを妨げない。
a corporation, among corporations that have no income in each business year from the business year containing the day that is three years before, counting from the start date of the business year pertaining to that enterprise tax return, up to the business year preceding the business year pertaining to that enterprise tax return, that is expected, from its condition on the day preceding the day on which six months have elapsed, to have no income in the business year pertaining to that enterprise tax return, and that is specified by Cabinet Order;
a corporation that is expected, from its condition on the day preceding the day on which six months have elapsed, to have no income in the business year pertaining to that enterprise tax return (limited to a business year for which the day preceding the day on which six months have elapsed is earlier than the day on which five years have elapsed counting from the date of establishment of the corporation) and that is specified by Cabinet Order.
The provisions of paragraphs (2) through (5) apply mutatis mutandis to the deferral of collection under the preceding paragraph. In this case, the phrase "the day following the last day of the business year" in paragraph (4) is deemed to be replaced with "the start date of the business year".
第二項から第五項までの規定は、前項の規定による徴収の猶予について準用する。この場合において、第四項中「事業年度終了の日の翌日」とあるのは、「事業年度開始の日」と読み替えるものとする。
Where a corporation that has been granted deferral of collection of enterprise tax under paragraph (1) or (6) has failed to submit the final return by its deadline for filing for each business year after the business year pertaining to that enterprise tax return, the prefectural governor may revoke the deferral and collect the deferred enterprise tax in a lump sum.
Where a corporation that has been granted deferral of collection of enterprise tax under paragraph (6) has failed to submit by its deadline for filing the return to be submitted under Article 72-28 for that business year, or where that corporation has income for that business year, the prefectural governor must revoke the deferral with respect to all of the enterprise tax to which the deferral pertains and collect it immediately.
Where collection has been deferred under paragraph (1) or (6) (excluding where the deferral has been revoked under the preceding paragraph), an amount equivalent to one half of the portion of the amount of delinquency charge on the enterprise tax so deferred that corresponds to the period of deferral (limited to the period in which the delinquency charge is calculated at the rate of 14.6 percent per annum; the same applies in the following paragraph) is to be waived; provided, however, that where a fact arises that should constitute grounds for revocation under paragraph (8) or Article 15-3, paragraph (1) as applied mutatis mutandis in paragraph (12), the prefectural governor may refrain from waiving the portion corresponding to the period on or after the day on which it arose.
Where the prefectural governor has revoked the deferral under paragraph (9), the governor may waive an amount equivalent to one half of the portion of the amount of delinquency charge on the enterprise tax so deferred that corresponds to the period of deferral.
道府県知事は、第九項の規定により徴収の猶予を取り消した場合には、その猶予をした事業税に係る延滞金額のうち、当該徴収の猶予をした期間に対応する部分の金額の二分の一に相当する金額を免除することができる。
The provisions of Articles 15-2-2, 15-2-3, paragraph (1), Articles 15-3 and 15-9, paragraph (2), and Article 16-2, paragraphs (1) through (3) apply mutatis mutandis to deferral of collection under paragraph (1) or (6), and the provisions of Article 11, Article 16, paragraph (3), Article 16-2, paragraph (4), and Article 16-5, paragraphs (1) and (2) apply mutatis mutandis to security under paragraph (2) (including as applied mutatis mutandis in paragraph (7)), respectively.
第七十二条の三十九(法人税の更正、決定等に係る課税標準を基準とする所得割の更正及び決定)
Where a corporation that conducts a business and is liable for enterprise tax (excluding a corporation listed in Article 72-41, paragraph (1), item (i)) has submitted a return or an amended return, and the prefectural governor discovers that the income that is the tax base for the income levy pertaining to that filing or amended return differs from the income that is the tax base for the income levy calculated on the basis of the income taken as the tax base in the filing or amended return, or the reassessment or determination, of corporation tax for the business year that formed the basis for calculating that income levy of that corporation (hereinafter in this Article referred to as the "corporation tax base") (hereinafter in this paragraph referred to as the "standard tax base for the income levy"), the governor is to reassess, on the basis of that standard tax base for the income levy, the income and the income levy amount that formed the basis for calculating the income levy pertaining to that filing or amended return, and where the governor discovers an error in the calculation of the income levy amount stated in the return or amended return, the governor is to reassess the income levy amount.
道府県知事は、事業を行う法人で事業税の納税義務があるもの(第七十二条の四十一第一項第一号に掲げる法人を除く。)が申告書又は修正申告書を提出した場合において、当該申告又は修正申告に係る所得割の課税標準である所得が、当該法人の当該所得割の計算の基礎となつた事業年度に係る法人税の申告若しくは修正申告又は更正若しくは決定において課税標準とされた所得(以下この条において「法人税の課税標準」という。)を基準として算定した所得割の課税標準である所得(以下この項において「所得割の基準課税標準」という。)と異なることを発見したときは、当該所得割の基準課税標準により、当該申告又は修正申告に係る所得割の計算の基礎となつた所得及び所得割額を更正するものとし、申告書又は修正申告書に記載された所得割額の算定について誤りがあることを発見したときは、所得割額を更正するものとする。
Where a corporation referred to in the preceding paragraph has not submitted a return (excluding the case where a return is deemed to have been submitted under Article 72-26, paragraph (5)), and there is a corporation tax base for the business year of that corporation, the prefectural governor is to determine the income and the income levy amount for the income levy of that corporation on the basis of that corporation tax base.
道府県知事は、前項の法人が申告書を提出しなかつた場合(第七十二条の二十六第五項の規定により申告書の提出があつたものとみなされる場合を除く。)において、当該法人の当該事業年度に係る法人税の課税標準があるときは、当該法人税の課税標準を基準として、当該法人の所得割に係る所得及び所得割額を決定するものとする。
Where the prefectural governor has reassessed or determined the income and the income levy amount for that income levy of the corporation under the preceding two paragraphs or this paragraph, and the corporation tax base of that corporation that formed the basis for that reassessment or determination has increased or decreased owing to a reassessment or amended return for corporation tax, the governor is to reassess the income and the income levy amount for that income levy on the basis of the corporation tax base as so increased or decreased, and where the governor discovers an error in the calculation of the income levy amount so reassessed or determined, the governor is to reassess that income levy amount.
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
trust subject to corporate taxationmachine translation
「法人課税信託」
A trust subject to corporate taxation as defined in Article 2, item (xxix)-2 of the Corporation Tax Act (Act No. 34 of 1965).
Defined inArticle 72-2, paragraph (4)· applies only in this section
business yearmachine translation
「事業年度」
In the section on enterprise tax (事業税), a business year set by laws and regulations, articles of incorporation, acts of endowment, rules or by-laws, or a similar period, or, for a corporation with none, a period set as paragraphs 2 and 3 of Article 72-13 provide.
Defined inArticle 72-13, paragraph (1)· applies only in this section
day on which six months have elapsedmachine translation
「六月経過日」
In the Section on corporate enterprise tax (事業税), the day six months after the start of a business year (for a consolidated subsidiary (通算子法人), of its consolidated parent's business year) that is longer than six months; the interim return and payment of enterprise tax are due within two months of it.
Short name set inArticle 72-26, paragraph (1)· applies only in this section
amended returnmachine translation
「修正申告書」
In the subsection on electronic filing by specified corporations (特定法人) that Article 72-32 opens, an amended return of the corporate enterprise tax (事業税) under Article 72-31, paragraph 2 or 3: one filed where the tax base or tax shown was too low, or within one month after the national tax office corrects or determines the corporation tax base.
Short name set inArticle 72-32, paragraph (1)· applies only in this subsection
returnmachine translation
「申告書」
From Article 72-32 to the end of its subsection on corporations' enterprise tax (事業税), the returns under Articles 72-25, 72-26, 72-28 and 72-29.
Short name set inArticle 72-32, paragraph (1)· applies only in this subsection
final returnmachine translation
「確定申告書」
The enterprise tax (事業税) returns due under Articles 72-25, 72-28 and 72-29; a corporation without income can have its enterprise tax deferred under Article 72-38-2, paragraph 1 only if it filed these for each business year of the period that paragraph 4 sets and filed the return in question by its deadline.
Short name set inArticle 72-38-2, paragraph (4)· applies only in this provision and in Article 72-38-2, paragraph (8)
standard tax base for the income levymachine translation
「所得割の基準課税標準」
In Article 72-39, paragraph 1, the income that is the tax base of a corporation's income levy (所得割) of enterprise tax (事業税) as worked out from the income that was the tax base for corporation tax (法人税) for the same business year, in its return, amended return, reassessment or determination; where the income the corporation reported differs from it, the prefectural governor (道府県知事) reassesses by it.
Short name set inArticle 72-39, paragraph (1)· applies only in this paragraph
corporation tax basemachine translation
「法人税の課税標準」
In Article 72-39, the income taken as the tax base in the corporation tax (法人税) return, amended return, reassessment or determination for the business year on which a corporation's income levy (所得割) of enterprise tax (事業税) is computed; the prefectural governor reassesses the income levy where the income the corporation declares differs from the income worked out from it.
Short name set inArticle 72-39, paragraph (1)· applies only in this article
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.