第七十二条の九十四(課税資産の譲渡等及び特定課税仕入れに係る消費税に関する書類の供覧等)
If a prefectural governor requests the national government, for the assessment and collection of the transfer levy, to allow inspection or recording of returns that persons liable for consumption tax on transfers, etc. of taxable assets and specified taxable purchases submitted to the national government, or of documents relating to reassessments or determinations made by the national government, the national government is to allow the prefectural governor or an official designated by the governor to inspect or record the relevant documents.
When the national government gives notice of a reassessment or determination concerning consumption tax on a transfer, etc. of taxable assets or a specified taxable purchase, it must notify, without delay, the governor of the prefecture taxing the transfer levy as of the first day of the taxable period for the calculation of the amount of consumption tax relating to that reassessment or determination, of the amount of consideration for the transfer, etc. of taxable assets or specified taxable purchase and the amount of consumption tax relating to that reassessment or determination.
Article 72-95Offenses of Tax Evasion Concerning the Transfer Levy
第七十二条の九十五(譲渡割の脱税に関する罪)
In any of the following cases, the person who committed the violation is punished by imprisonment for not more than 10 years or a fine of not more than 10,000,000 yen, or both.
次の各号のいずれかに該当する場合には、その違反行為をした者は、十年以下の拘禁刑若しくは千万円以下の罰金に処し、又はこれを併科する。
if the person evades the whole or a part of the transfer levy by deception or other wrongful acts;
偽りその他不正の行為により、譲渡割の全部又は一部を免れたとき。
if the person, by deception or other wrongful acts, receives a refund under Article 72-88, paragraph (2) or (3), or a refund by a reassessment under Article 72-93, paragraph (1) or (4) (limited to a reassessment based on a request for reassessment).
偽りその他不正の行為により、第七十二条の八十八第二項若しくは第三項の規定による還付を受け、又は第七十二条の九十三第一項若しくは第四項の規定による更正による還付(更正の請求に基づく更正によるものに限る。)を受けたとき。
An attempt to commit the offense under item (ii) of the preceding paragraph (limited to the case where the person has submitted the return prescribed in Article 72-88, paragraph (2) or the written request for reassessment prescribed in Article 20-9-3, paragraph (3) (limited to one by which the person seeks to receive a refund by a reassessment under Article 72-93, paragraph (1) or (4) other than a refund relating to the interim payment of the transfer levy)) is punishable.
前項第二号の罪の未遂(第七十二条の八十八第二項に規定する申告書又は第二十条の九の三第三項に規定する更正請求書(第七十二条の九十三第一項又は第四項の規定による更正による還付のうち譲渡割の中間納付額に係るもの以外のものを受けようとするものに限る。)を提出した場合に限る。)は、罰する。
If the amount of tax evaded as referred to in paragraph (1), item (i), the amount of the refund received as referred to in item (ii) of that paragraph, or the amount of the refund sought to be received in the offense referred to in the preceding paragraph exceeds 10,000,000 yen, then, depending on the circumstances, the amount of the fine under those paragraphs may, notwithstanding those paragraphs, be an amount exceeding 10,000,000 yen that is equal to or less than the amount of tax evaded, the amount of the refund received, or the amount of the refund sought to be received.
In addition to what is prescribed in paragraph (1), item (i), if a person evades the whole or a part of the transfer levy by not filing a return under Article 72-88, paragraph (1) by the deadline for filing, the person who committed the violation is to be punished by imprisonment for not more than five years or a fine of not more than 5,000,000 yen, or both.
第一項第一号に規定するもののほか、第七十二条の八十八第一項の規定による申告書をその提出期限までに提出しないことにより、譲渡割の全部又は一部を免れたときは、その違反行為をした者は、五年以下の拘禁刑若しくは五百万円以下の罰金に処し、又はこれを併科する。
If the amount of tax evaded as referred to in the preceding paragraph exceeds 5,000,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding that paragraph, be an amount exceeding 5,000,000 yen and not exceeding the amount of the tax evaded.
If a representative of a corporation, or an agent, employee or other worker of a corporation or a person, commits a violation under paragraph (1), (2) or (4) in connection with the business or property of that corporation or person, then in addition to punishing the offender, the fine prescribed in the relevant paragraphs is imposed on that corporation or person.
Where a fine is imposed on a corporation or a person for a violation under paragraph (1), (2) or (4) pursuant to the preceding paragraph, the period of prescription is governed by the period of prescription for the offenses under those paragraphs.
Where the provisions of paragraph (6) apply to an association or foundation without juridical personality, its representative or administrator represents that association or foundation without juridical personality in its procedural acts, and the provisions of laws and regulations concerning criminal proceedings where a corporation is the defendant or suspect apply mutatis mutandis.
人格のない社団等について第六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。
No English for this paragraph yet.
削除
Subsection 3 Cargo Levy
第三款 貨物割
Article 72-100Assessment and Collection, etc. of the Cargo Levy
第七十二条の百(貨物割の賦課徴収等)
Except for the provisions of Article 72-107, notwithstanding the provisions of Sections 2 through 14 of the preceding Chapter, the assessment and collection of the cargo levy is to be carried out by the national government, in accordance with the rules for the assessment and collection of consumption tax, together with the assessment and collection of consumption tax.
貨物割の賦課徴収は、第七十二条の百七の規定を除くほか、前章第二節から第十四節までの規定にかかわらず、国が、消費税の賦課徴収の例により、消費税の賦課徴収と併せて行うものとする。
Delinquent tax and penalty tax on the cargo levy (meaning delinquent tax paid and penalty tax imposed on a cargo levy whose assessment and collection are to follow the rules for consumption tax; the same applies in Article 72-106) are treated as the cargo levy for the purposes of the provisions of this Subsection.
貨物割に係る延滞税及び加算税(その賦課徴収について消費税の例によることとされる貨物割について納付される延滞税及び課される加算税をいう。第七十二条の百六において同じ。)は、貨物割として、本款の規定を適用する。
Article 72-101Returns for the Cargo Levy
第七十二条の百一(貨物割の申告)
A person who is under an obligation to file a return concerning consumption tax under Article 47, paragraph (1) of the Consumption Tax Act must, notwithstanding the provisions of Sections 2 through 14 of the preceding Chapter, submit to the director-general of a customs house, in accordance with the rules for filing for consumption tax and together with the filing for consumption tax, a return stating the amount of consumption tax on the tax base amount set forth in item (ii) of that paragraph that is to be stated in that return, the amount of the cargo levy calculated with it as the tax base, and other necessary matters.
消費税法第四十七条第一項の規定により消費税に係る申告書を提出する義務がある者は、前章第二節から第十四節までの規定にかかわらず、当該申告書に記載すべき同項第二号に掲げる課税標準額に対する消費税額、これを課税標準として算定した貨物割額その他必要な事項を記載した申告書を、消費税の申告の例により、消費税の申告と併せて、税関長に提出しなければならない。
Article 72-102Offenses of Intentional Failure to File Concerning the Cargo Levy
第七十二条の百二(貨物割に係る故意不申告の罪)
If a person, without justifiable grounds, fails to file a return under the preceding Article by the deadline for filing, 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; provided, however, that the punishment may be remitted in light of the circumstances.
正当な理由がなくて前条の規定による申告書をその提出期限までに提出しなかつたときは、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。ただし、情状により、その刑を免除することができる。
If the representative of a corporation, or an agent, employee or other worker of a corporation or individual, has committed a violation referred to in the preceding paragraph in connection with the business or property of that corporation or individual, in addition to punishing the offender, the fine prescribed in that paragraph is to be imposed on that corporation or individual.
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 72-103Payment, etc. of the Cargo Levy
第七十二条の百三(貨物割の納付等)
A person liable for the cargo levy must, notwithstanding the provisions of Sections 2 through 14 of the preceding Chapter, pay the cargo levy to the national government, in accordance with the rules for payment of consumption tax and together with payment of consumption tax.
貨物割の納税義務者は、前章第二節から第十四節までの規定にかかわらず、貨物割を、消費税の納付の例により、消費税の納付と併せて国に納付しなければならない。
When the cargo levy and consumption tax have been paid, payment is deemed to have been made of the cargo levy and consumption tax in amounts obtained by apportioning the amount paid in proportion to the amounts of the cargo levy and consumption tax jointly assessed or declared under Article 72-100 or Article 72-101.
When the cargo levy has been paid, the national government is to, by the last day of the second month following the month in which that payment was made, as provided by Cabinet Order, remit the amount paid as the cargo levy to the prefecture in which the bonded area referred to in Article 72-78, paragraph (1) relating to that cargo levy is located (where paragraph (6) or (7) of that Article applies, the prefecture in which the customs house to which that director-general of a customs house belongs is located).
国は、貨物割の納付があつた場合においては、当該納付があつた月の翌々月の末日までに、政令で定めるところにより、貨物割として納付された額を当該貨物割に係る第七十二条の七十八第一項の保税地域所在の道府県(同条第六項又は第七項の規定の適用がある場合にあつては、当該税関長の所属する税関所在の道府県)に払い込むものとする。
Article 72-104Refund, etc. of the Cargo Levy
第七十二条の百四(貨物割の還付等)
When the national government refunds an amount equivalent to the whole or part of consumption tax under the provisions of the Act on Collection, etc. of National Consumption Tax Imposed on Imported Goods, it must, in accordance with the rules for refund of consumption tax, refund an amount equivalent to the whole or part of the cargo levy paid together with that consumption tax under paragraph (1) of the preceding Article. In this case, the amount to be refunded is the amount obtained by multiplying the amount equivalent to the refund relating to the consumption tax to be refunded by 22/78.
国は、輸入品に対する内国消費税の徴収等に関する法律の規定により消費税の全部又は一部に相当する金額を還付する場合においては、消費税の還付の例により、前条第一項の規定により当該消費税と併せて納付された貨物割の全部又は一部に相当する金額を還付しなければならない。この場合においては、当該還付すべき消費税に係る還付金に相当する額に七十八分の二十二を乗じて得た額を還付するものとする。
When there is an overpayment or payment by mistake concerning the cargo levy, the national government must, notwithstanding the provisions of Sections 2 through 14 of the preceding Chapter, refund it in money without delay, in accordance with the rules for refund of overpayments or payments by mistake concerning consumption tax.
国は、貨物割に係る過誤納金があるときは、前章第二節から第十四節までの規定にかかわらず、消費税に係る過誤納金の還付の例により、遅滞なく、金銭で還付しなければならない。
The refund of a refund or of an overpayment or payment by mistake concerning the cargo levy under the preceding two paragraphs (including interest on refund to be added to them; hereinafter in this paragraph, the following Article and Article 72-107 referred to as "refunds, etc.") must be made together with the refund of refunds, etc. concerning consumption tax.
第七十二条の百五(貨物割に係る還付金等の道府県への払込額からの控除等)
When the national government has refunded refunds, etc. concerning the cargo levy under the preceding Article, it is to deduct an amount equivalent to those refunds, etc. from the total amount paid as the cargo levy in the month that includes the day on which those refunds, etc. were refunded, which is to be remitted under Article 72-103, paragraph (3) to the prefecture prescribed in that paragraph relating to that cargo levy.
国は、前条の規定により貨物割に係る還付金等を還付した場合には、当該還付金等に相当する額を、当該貨物割に係る第七十二条の百三第三項に規定する道府県に同項の規定により払い込む貨物割として納付された額で当該還付金等を還付した日の属する月に納付されたものの総額から控除するものとする。
Where refunds, etc. an amount equivalent to which has been deducted from the total amount paid as the cargo levy under the preceding paragraph are returned, or where any other grounds specified by Cabinet Order arise, an amount equivalent to the amount returned or any other amount specified by Cabinet Order is to be added to the total amount paid as the cargo levy in the month that includes the day on which that return was made or those grounds specified by Cabinet Order arose, which is to be remitted to that prefecture under Article 72-103, paragraph (3).
貨物割として納付された額の総額から前項の規定によりその相当額が控除された還付金等について返納があつた場合その他政令で定める事由が生じた場合には、当該返納があつた額その他政令で定める額に相当する額を、第七十二条の百三第三項の規定により当該道府県に払い込む貨物割として納付された額で当該返納があつた又は政令で定める事由が生じた日の属する月に納付されたものの総額に加算するものとする。
If the amount equivalent to the refunds, etc. to be deducted under paragraph (1) exceeds the total amount paid as the cargo levy in the month that includes the day on which those refunds, etc. were refunded (where there is an amount to be added under the preceding paragraph in that month, the amount including that addition), paragraph (1) applies as though refunds, etc. equivalent to the excess amount had been refunded in the following month.
Article 72-106Calculation of Delinquent Tax, etc. Concerning the Cargo Levy
第七十二条の百六(貨物割に係る延滞税等の計算)
The calculation of delinquent tax and penalty tax concerning the cargo levy, delinquent tax and penalty tax concerning consumption tax, and the amounts relating to exemption from those delinquent taxes (hereinafter in this Article referred to as "delinquent tax, etc.") is to be made on the combined amount of the cargo levy and consumption tax, and the amount obtained by apportioning the delinquent tax, etc. so calculated in proportion to the amounts of the cargo levy and consumption tax that formed the basis of the calculation is the amount of delinquent tax, etc. concerning the cargo levy or consumption tax respectively.
貨物割に係る延滞税及び加算税並びに消費税に係る延滞税及び加算税並びにこれらの延滞税の免除に係る金額(以下本条において「延滞税等」という。)の計算については、貨物割及び消費税の合算額によつて行い、算出された延滞税等をその計算の基礎となつた貨物割及び消費税の額にあん分した額に相当する金額を貨物割又は消費税に係る延滞税等の額とする。
The calculation of interest on refund concerning the cargo levy and consumption tax is to be made on the combined amount of refunds or overpayments or payments by mistake concerning the cargo levy and consumption tax, and the amount obtained by apportioning the interest on refund so calculated in proportion to the amounts of the refunds or overpayments or payments by mistake concerning the cargo levy and consumption tax that formed the basis of the calculation is the amount of interest on refund concerning the cargo levy or consumption tax respectively.
貨物割及び消費税に係る還付加算金の計算については、貨物割及び消費税に係る還付金又は過誤納金の合算額によつて行い、算出された還付加算金をその計算の基礎となつた貨物割及び消費税に係る還付金又は過誤納金の額にあん分した額に相当する金額を貨物割又は消費税に係る還付加算金の額とする。
The calculation of fractions in calculating delinquent tax, etc. and interest on refund concerning the cargo levy and consumption tax under the preceding two paragraphs is to be made by treating the cargo levy and consumption tax as one tax.
Article 72-107Special Provisions on Appropriation, etc. Concerning the Cargo Levy
第七十二条の百七(貨物割に係る充当等の特例)
The provisions of Article 57 of the Act on General Rules for National Taxes do not apply to refunds, etc. that fall under any of the following items:
国税通則法第五十七条の規定は、次の各号のいずれかに該当する還付金等については適用しない。
refunds, etc. in a case where there are national taxes that have become payable by a person who is to receive refunds, etc. concerning the cargo levy and consumption tax that were jointly reassessed or determined under Article 72-100, jointly declared under Article 72-101, or jointly paid under Article 72-103;
refunds, etc. concerning national taxes (excluding those falling under the preceding item) in a case where there are cargo levy and consumption tax that were jointly assessed or declared under Article 72-100 or Article 72-101 and that have become payable by the person who is to receive those refunds, etc. (hereinafter in paragraphs (2) and (3) referred to as "unpaid cargo levy, etc.").
In the case prescribed in item (i) of the preceding paragraph, the person who is to receive the refunds, etc. referred to in that item is deemed to have entrusted the director-general of the customs house responsible for the refund with paying the unpaid cargo levy, etc. or the other national taxes that have become payable with those refunds, etc. (limited to an amount equivalent to the amount relating to the unpaid cargo levy, etc. or the other national taxes that have become payable).
In the case prescribed in paragraph (1), item (ii), the person who is to receive the refunds, etc. referred to in that item is deemed to have entrusted the director-general of the customs house responsible for the refund with paying the unpaid cargo levy, etc. with those refunds, etc. (limited to an amount equivalent to the amount relating to the unpaid cargo levy, etc.).
Where the preceding two paragraphs apply, an amount equivalent to the entrusted payment is deemed to have been refunded and paid at the time specified by Cabinet Order as the time at which it has become appropriate to make the entrustment under those provisions.
前二項の規定が適用される場合には、これらの規定の委託をするのに適することとなつた時として政令で定める時に、その委託納付に相当する額の還付及び納付があつたものとみなす。
Where paragraph (2) or (3) applies, the director-general of the customs house that made the payment under those provisions must, without delay, notify the person deemed to have made the entrustment under those provisions to that effect.
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)
request for reassessmentmachine translation
「更正の請求」
A request under Article 20-9-3, paragraph 1 to the head of the local government (地方団体の長), by a person who filed a local tax return (申告書), to correct the tax base or tax amount in it because the tax was overstated, a loss understated or a refund understated through a calculation error or a failure to follow the law, made within five years of the statutory payment deadline, or within the later periods paragraph 2 of that Article allows.
Short name set inArticle 20-9-3, paragraph (2)· applies from here on, except in Article 72-48-2, paragraph (5); and Article 72-50, paragraph (3)
specified taxable purchasemachine translation
「特定課税仕入れ」
For the local consumption tax (地方消費税), a specified taxable purchase as defined in Article 5, paragraph 1 of the Consumption Tax Act, other than one that the Consumption Tax Act, another law or a treaty leaves untaxed or exempts; a business is charged the transfer levy (譲渡割) on these as well as on its taxable transfers of assets, etc. (課税資産の譲渡等).
Defined inArticle 72-78, paragraph (1)· applies only in this section
transfer, etc.machine translation
「譲渡等」
In the provisions on the local consumption tax (地方消費税), a taxable transfer of assets, etc. (課税資産の譲渡等) as defined in Article 2, paragraph 1, item 9 of the Consumption Tax Act, other than specified asset transfers, etc. (特定資産の譲渡等) and those on which that Act, another law or a treaty imposes no consumption tax or which it exempts.
Defined inArticle 72-78, paragraph (1)· applies only in this section
taxable periodmachine translation
「課税期間」
A taxable period (課税期間) as defined in Article 19 of the Consumption Tax Act: as a rule, the calendar year for an individual business operator and the business year for a corporation.
Defined inArticle 72-78, paragraph (3)· applies only in this section
prefecture taxing the transfer levymachine translation
「譲渡割課税道府県」
The prefecture where a business's place listed for its category in Article 72-78, paragraph 2 lies (an individual's address, residence or office, a corporation's head office or office, or a place a Cabinet Order (政令) sets), to whose governor the business files its returns of the transfer levy of the local consumption tax (譲渡割) and to which it pays it.
Short name set inArticle 72-87, paragraph (1)· applies only in this subsection
interim payment of the transfer levymachine translation
「譲渡割の中間納付額」
The transfer levy of the local consumption tax (譲渡割) that a business must pay for a taxable period by its interim returns under Article 72-87, as changed by a later return or a reassessment (更正), which is subtracted from the amount stated on its final return.
Short name set inArticle 72-88, paragraph (1)· applies only in this subsection
penalty taxmachine translation
「加算税」
The penalty taxes (加算税) charged on the cargo levy (貨物割) of local consumption tax (地方消費税), which is assessed and collected following the practice of consumption tax (消費税); in this subsection and Article 72-106 they are treated as cargo levy.
Defined inArticle 72-100, paragraph (2)· applies only in this provision and in Article 72-106
unpaid cargo levy, etc.machine translation
「未納貨物割等」
In Article 72-107, cargo levy (貨物割) and consumption tax (消費税), assessed or declared together under Article 72-100 or 72-101, that a person due a refund of national tax (国税に係る還付金等) still has to pay.
Short name set inArticle 72-107, paragraph (1), item (ii)· applies only in this provision and in Article 72-107, paragraphs (2) and (3)
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.
director-general of a customs house
税関長
The head of a customs house (税関), a local office of the Ministry of Finance (Act for Establishment of the Ministry of Finance, Article 12, paragraph (1)). A customs house collects customs duties and controls imported and exported goods (Article 16, paragraph (1), with Article 4, paragraph (1), items 25 and 26), and it also levies and collects the internal taxes (内国税, taxes other than customs duties, such as consumption tax) that a law puts in its hands (Article 16, paragraph (1), item (iv)). For consumption tax that means taxable goods (課税貨物) taken out of a bonded area (保税地域, a zone where imported goods are held before customs clearance): unless another law or a treaty exempts them, the person taking them out files the return with the director-general of a customs house, not with a tax office (Consumption Tax Act, Article 47, paragraphs (1) and (2)), and where the customs authorities fix the tax themselves, that director-general collects it when the goods are taken out (Article 50, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 4, 12, 16 and Consumption Tax Act, Arts. 47, 50 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.