第百四十四条の三十(軽油引取税の徴収不能額等の還付又は納入義務の免除)
If the prefectural governor finds that there are justifiable grounds for a special collection agent for the light oil delivery tax having become unable to receive all or part of the price of the light oil and the light oil delivery tax, or finds that there are grounds of natural disaster or other unavoidable cause for the loss of the light oil delivery tax amount that was collected, the governor is to, upon application by that special collection agent, refund an amount equivalent to the light oil delivery tax amount if it has already been remitted, and exempt the agent from the obligation to remit it if the light oil delivery tax amount has not yet been remitted, such as where there is a deferral of collection under the provisions of the preceding Article.
When the prefectural governor refunds an amount equivalent to the light oil delivery tax amount under the provisions of the preceding paragraph, if there are unpaid local government levies of the special collection agent receiving the refund, the governor may appropriate the amount to be refunded to those levies.
When the prefectural governor has accepted an application under paragraph (1), the governor must notify the special collection agent, within 60 days from the date on which the application was accepted, whether the governor will take the measures prescribed in that paragraph or the preceding paragraph.
第百四十四条の三十一(軽油を返還した場合及び引取り後において免税用途に供した場合における措置)
If, after delivery of light oil subject to the light oil delivery tax has been taken from a special collection agent for the light oil delivery tax, all or part of the light oil subject to that taking of delivery is returned to that special collection agent by cancellation of the sales contract, then where the light oil delivery tax amount on the light oil subject to that taking of delivery has not yet been remitted, the taking of delivery of that light oil is deemed not to have taken place, and where all or part of the light oil delivery tax amount has already been remitted, the prefectural governor is to refund, upon application by that special collection agent, the portion of the tax amount of the light oil delivery tax remitted that corresponds to the light oil so returned, together with the local government levies relating thereto. In this case, the special collection agent must submit to the prefectural governor documents sufficient to prove that the return took place and its quantity.
軽油引取税の特別徴収義務者から軽油引取税が課される軽油の引取りが行われた後販売契約の解除により、その引取りに係る軽油の全部又は一部を当該特別徴収義務者に返還した場合において、その引取りに係る軽油の軽油引取税額がまだ納入されていないときは、当該軽油の引取りは行われなかつたものとみなし、既に軽油引取税額の全部又は一部が納入されているときは、道府県知事は、当該納入に係る軽油引取税額のうち当該返還された軽油に対応する部分の税額及びこれに係る地方団体の徴収金を、当該特別徴収義務者の申請により、還付するものとする。この場合においては、当該特別徴収義務者は、その返還があつたこと及びその数量を証するに足りる書類を道府県知事に提出しなければならない。
In the case referred to in the preceding paragraph, if the person who took delivery of the light oil has already paid the price of the light oil subject to that taking of delivery and the light oil delivery tax amount, that person has a right to reimbursement against that special collection agent for the amount equivalent to the price and the light oil delivery tax amount corresponding to the light oil so returned.
If a person who has taken delivery of light oil files a lawsuit based on the right to reimbursement under the preceding paragraph, prefectural tax collection officials must provide evidence and other necessary assistance, except in matters concerning official secrets.
If a person prescribed in Article 144-6, having come to need, after receiving a tax exemption certificate, to put light oil in a quantity exceeding the quantity entered on that tax exemption certificate to the use prescribed in that Article, takes delivery of light oil other than tax-exempt light oil from the special collection agent handling tax exemption relating to the prefecture that issued that tax exemption certificate and puts it to the use prescribed in that Article, and proves that fact and the quantity to the prefectural governor who issued that tax exemption certificate and obtains the governor's approval, that prefectural governor is to, as provided by Cabinet Order and upon application by that special collection agent handling tax exemption, exempt the special collection agent handling tax exemption from remitting the light oil delivery tax amount on that light oil in the case where it has not yet been remitted, and in the case where all or part of the light oil delivery tax has already been remitted, refund to that special collection agent handling tax exemption the portion of the light oil delivery tax amount so remitted that corresponds to the light oil so used, together with the local government levies relating thereto.
第百四十四条の六に規定する者が、免税証の交付を受けた後当該免税証に記載された数量を超える数量の軽油を同条に規定する用途に供する必要が生じたため、当該免税証を交付した道府県に係る免税取扱特別徴収義務者から免税軽油以外の軽油の引取りを行つてこれを同条に規定する用途に供した場合において、その事実及び数量を当該免税証を交付した道府県知事に証明してその承認を得たときは、当該道府県知事は、政令で定めるところにより、当該免税取扱特別徴収義務者の申請により、当該軽油に係る軽油引取税額がまだ納入されていない場合にあつてはその納入を免除し、既に軽油引取税の全部又は一部が納入されている場合にあつては当該納入に係る軽油引取税額のうち当該使用に係る軽油に対応する部分の税額及びこれに係る地方団体の徴収金を当該免税取扱特別徴収義務者に還付するものとする。
The same as under the preceding paragraph applies where a person prescribed in Article 144-6, having come to need, after receiving a tax exemption certificate, to put light oil in a quantity exceeding the quantity entered on that tax exemption certificate to the use prescribed in that Article, takes delivery of light oil other than tax-exempt light oil from a seller other than the special collection agent handling tax exemption relating to the prefecture that issued that tax exemption certificate and puts it to the use prescribed in that Article, and has proved that fact and the quantity to the prefectural governor who issued that tax exemption certificate and obtained the governor's approval, and has reported that fact, through that seller, to the special collection agent handling tax exemption relating to that prefecture who delivered that light oil to that seller.
The provisions of paragraphs (2) and (3) apply mutatis mutandis to the cases referred to in the preceding two paragraphs.
When the light oil delivery tax and the local government levies relating thereto are refunded under the provisions of paragraph (1), (4) or (5), Article 17-4, paragraph (1) applies by deeming the day on which 10 days have elapsed, counting from the date of the special collection agent's application for the refund, to be the date set forth in the items of that paragraph.
Matters necessary for the application of the provisions of paragraph (2) are specified by Order of the Ministry of Internal Affairs and Communications.
第二項の規定の適用に関し必要な事項は、総務省令で定める。
Article 144-32Obligation to Obtain Approval for Manufacture, etc.
第百四十四条の三十二(製造等の承認を受ける義務等)
A primary distributor (in the cases set forth in items (i) and (ii), excluding a person listed in Article 144-7, paragraph (1), item (i) who has been designated as a primary distributor under that paragraph), a contracted dealer, a petroleum product seller, a light oil manufacturer, etc. (meaning a person other than a primary distributor who manufactures or imports light oil), and a motor vehicle holder must, in the following cases, specify the time and quantity of the manufacture, transfer or consumption (hereinafter in this Article referred to as "manufacture, etc.") and other matters specified by Order of the Ministry of Internal Affairs and Communications, and obtain the approval of the prefectural governor of the prefecture in which the place of the manufacture, etc. (in the case set forth in item (iv), the principal location where the motor vehicle is kept) is located:
when manufacturing hydrocarbon oil by mixing light oil with hydrocarbon oil other than light oil;
軽油と軽油以外の炭化水素油を混和して炭化水素油を製造するとき。
when manufacturing light oil, in addition to the case set forth in the preceding item;
前号に掲げる場合のほか、軽油を製造するとき。
when transferring fuel hydrocarbon oil as fuel for the internal combustion engine of a motor vehicle;
when consuming fuel hydrocarbon oil (excluding the fuel hydrocarbon oil set forth in the preceding item that was transferred with approval under this paragraph) as fuel for the internal combustion engine of a motor vehicle.
In the case referred to in the preceding paragraph, the prefectural governor is to grant the approval under that paragraph, except where the governor finds it particularly necessary for the control or preservation of the light oil delivery tax.
A person who has obtained the approval under paragraph (1) must keep books and record in them the time and quantity of the manufacture, etc. and other facts concerning the matters for which the approval was obtained.
The approval under paragraph (1) is given by issuing a certificate of approval for manufacture, etc.
第一項の承認は、製造等承認証を交付して行う。
A person who has obtained the approval under paragraph (1) must carry the certificate of approval for manufacture, etc. under the preceding paragraph when carrying out the manufacture, etc. subject to that approval or when holding the hydrocarbon oil subject to that manufacture, etc.
A person who has obtained the approval under paragraph (1), item (iii) must, when transferring the fuel hydrocarbon oil subject to that approval to a motor vehicle holder as fuel for the internal combustion engine of a motor vehicle, prepare a motor vehicle hydrocarbon oil transfer certificate and a copy thereof, deliver that motor vehicle hydrocarbon oil transfer certificate to that motor vehicle holder, and retain the copy.
A motor vehicle holder must carry the motor vehicle hydrocarbon oil transfer certificate under the preceding paragraph when consuming, as fuel for the internal combustion engine of a motor vehicle, fuel hydrocarbon oil transferred with approval under paragraph (1), item (iii).
A certificate of approval for manufacture, etc. and a motor vehicle hydrocarbon oil transfer certificate must not be transferred to another person or received by transfer from another person.
製造等承認証及び自動車用炭化水素油譲渡証は、これを他人に譲り渡し、又は他人から譲り受けてはならない。
When the armed forces of a contracting state consume, as fuel for the internal combustion engine of a motor vehicle, fuel hydrocarbon oil for official use that they have imported themselves, the provisions of paragraph (1) (limited to the part relating to item (iv)) do not apply.
In addition to what is provided for in the preceding paragraphs, matters necessary concerning the approval under paragraph (1), the entries in books, the certificate of approval for manufacture, etc. and the motor vehicle hydrocarbon oil transfer certificate are specified by Order of the Ministry of Internal Affairs and Communications.
Article 144-33Offenses Concerning the Obligation to Obtain Approval for Manufacture, etc.
第百四十四条の三十三(製造等の承認を受ける義務等に関する罪)
If a person, in violation of paragraph (1) of the preceding Article, has performed an act set forth in item (i) or (ii) of that paragraph without obtaining the approval of the prefectural governor, or, having obtained the approval under that paragraph by deception or other wrongful means, has performed an act set forth in item (i) or (ii) of that paragraph, the person who committed the violation is to be punished by imprisonment for not more than 10 years or a fine of not more than 10,000,000 yen, or both.
A person who, knowingly, provides or transports funds, land, buildings, ships, vehicles, equipment, machinery, instruments, raw materials or chemicals necessary for an act constituting an offense under the preceding paragraph is to be punished, as the person who committed the violation, by imprisonment for not more than seven years or a fine of not more than 7,000,000 yen, or both.
If a person, knowingly, transports, stores, acquires for value or free of charge, or brokers or mediates the disposal of hydrocarbon oil pertaining to an offense under paragraph (1), the person who committed the violation is to be punished by imprisonment for not more than three years or a fine of not more than 3,000,000 yen, or both.
第一項の犯罪に係る炭化水素油について、情を知つてこれを運搬し、保管し、有償若しくは無償で取得し、又は処分の媒介若しくはあつせんをしたときは、その違反行為をした者は、三年以下の拘禁刑若しくは三百万円以下の罰金に処し、又はこれを併科する。
If a person, in violation of the provisions of paragraph (1) of the preceding Article, performs an act referred to in item (iii) or (iv) of that paragraph without obtaining the approval of the prefectural governor, or obtains the approval referred to in that paragraph by deception or other wrongful means, the person who committed the violation is to be punished by imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
In a case that falls under any of the following items, 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:
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、一年以下の拘禁刑又は五十万円以下の罰金に処する。
In the case where the person, in violation of the provisions of paragraph (3) of the preceding Article, fails to keep books, fails to make entries in the books or makes false entries in them, or conceals the books;
前条第三項の規定に違反して、帳簿を備えず、若しくは帳簿の記載をせず、若しくは偽り、又はその帳簿を隠匿したとき。
In the case where the person violates the provisions of paragraphs (5) through (8) of the preceding Article.
前条第五項から第八項までの規定に違反したとき。
Where a representative of a juridical person, or an agent, employee or other worker of a juridical person or an individual, commits a violation referred to in the preceding paragraphs in connection with the business of that juridical person or individual, in addition to punishing the offender, the fine specified in each of the following items for the category of violation set forth in that item is to be imposed on that juridical person, and the fine prescribed in the relevant paragraph is to be imposed on that individual:
法人の代表者又は法人若しくは人の代理人、使用人その他の従業者がその法人又は人の業務に関して前各項の違反行為をした場合には、その行為者を罰するほか、その法人に対して次の各号に掲げる違反行為の区分に応じ当該各号に定める罰金刑を、その人に対して当該各項の罰金刑を科する。
A violation referred to in paragraph (1): a fine of not more than 300,000,000 yen;
第一項の違反行為 三億円以下の罰金刑
A violation referred to in paragraph (2): a fine of not more than 200,000,000 yen;
第二項の違反行為 二億円以下の罰金刑
A violation referred to in paragraph (3): a fine of not more than 100,000,000 yen;
第三項の違反行為 一億円以下の罰金刑
A violation referred to in the preceding two paragraphs: the fine prescribed in the relevant paragraph.
前二項の違反行為 当該各項の罰金刑
In the case where a fine is imposed on a juridical person or individual pursuant to the preceding paragraph for a violation referred to in paragraph (1) or (2), the period of prescription is governed by the period of prescription for the offenses under those paragraphs.
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
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
fuel hydrocarbon oilmachine translation
「燃料炭化水素油」
As Article 144-2, paragraph 3 defines it, hydrocarbon oil (炭化水素油) other than light oil (軽油) and gasoline (揮発油 — as defined in Article 2, paragraph 1 of the Gasoline Tax Act, including what Article 6 of that Act deems gasoline), but including gasoline under Article 16 or 16-2 of that Act that is kerosene.
Short name set inArticle 144-2, paragraph (3)· applies only in this section
petroleum product sellermachine translation
「石油製品販売業者」
In the section on the light oil delivery tax (軽油引取税), a seller of petroleum products other than a contracted dealer (特約業者) or a primary distributor (元売業者); it is charged the tax on the quantity it sells of light oil it blended with other hydrocarbon oil, or made by blending other hydrocarbon oils, and of fuel hydrocarbon oil sold as motor vehicle engine fuel.
Short name set inArticle 144-2, paragraph (4)· applies only in this section
motor vehicle holdermachine translation
「自動車の保有者」
The owner of a motor vehicle, or another person with the right to use it, who runs it for his or her own purposes.
Defined inArticle 144-2, paragraph (5)· applies only in this section
armed forces of a contracting statemachine translation
「締約国軍隊」
The armed forces of a contracting state other than Japan that are in Japan in connection with activities Japan and that state, with Japan's consent, jointly decide on and carry out under a facilitation agreement (円滑化協定) — a treaty or other international agreement between Japan and that state, specified by Cabinet Order (政令), on reciprocal access and cooperation between the Self-Defense Forces (自衛隊) and that state's forces that provides for exemption from Japanese taxes.
Defined inArticle 144-3, paragraph (5)· applies only in this provision and in Article 144-6-2; and Article 144-32, paragraph (9)
tax exemption certificatemachine translation
「免税証」
A document certifying that light oil being taken delivery of is tax-exempt light oil (免税軽油), which the prefectural governor issues on application to a tax-exempt light oil user (免税軽油使用者), who hands it to a registered special collector (登録特別徴収義務者) of light oil delivery tax (軽油引取税).
Defined inArticle 144-21, paragraph (1)· applies only in this section
tax-exempt light oilmachine translation
「免税軽油」
Light oil on whose delivery light oil delivery tax (軽油引取税) is not levied under Article 144-6 because it is taken for a use set in that Article, as this Section uses the term.
Short name set inArticle 144-21, paragraph (1)· applies only in this section
special collection agent handling tax exemptionmachine translation
「免税取扱特別徴収義務者」
A registered special collection agent (登録特別徴収義務者) of light oil delivery tax (軽油引取税) to whom a tax-exempt light oil user (免税軽油使用者) must hand a tax exemption certificate (免税証) under Article 144-21, paragraph 1 to take delivery of tax-exempt light oil, as this Section uses the term.
Defined inArticle 144-21, paragraph (8)· applies only in this section
manufacture, etc.machine translation
「製造等」
Manufacture, transfer or consumption of light oil or other hydrocarbon oil, for which a primary distributor (元売業者), contracted dealer (特約業者), petroleum product seller, other maker or importer of light oil, or motor vehicle holder must get the governor's approval in the cases Article 144-32, paragraph 1 lists, such as blending light oil with other hydrocarbon oil.
Short name set inArticle 144-32, paragraph (1)· applies only in this article
motor vehiclemachine translation
「自動車」
A motor vehicle as defined in Article 2, paragraph 2 of the Road Transport Vehicle Act that is an ordinary motor vehicle (普通自動車), or a small motor vehicle (小型自動車) with three or more wheels, as Article 3 of that Act classes them.
Defined inArticle 145, paragraph (1)
landmachine translation
「土地」
Rice paddies, upland fields, building land, salt fields, mineral spring sites (鉱泉地), ponds and marshes, forests, pastures, wilderness (原野) and any other land, for the special land holding tax (特別土地保有税).
Defined inArticle 585, paragraph (2)
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.
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.