Article 731Establishment or Change of Non-Statutory Earmarked Taxes
第七百三十一条(法定外目的税の新設変更)
A prefecture or municipality may impose a non-statutory earmarked tax to defray specific expenses specified by Prefectural or Municipal Ordinance.
道府県又は市町村は、条例で定める特定の費用に充てるため、法定外目的税を課することができる。
Where a prefecture or municipality intends to establish or change a non-statutory earmarked tax (excluding a reduction of the tax rate of a non-statutory earmarked tax, its abolition, and other changes specified by Cabinet Order; the same applies in the following paragraph and in paragraph (2) of the following Article), it must consult in advance with the Minister for Internal Affairs and Communications and obtain consent.
Where a prefecture or municipality has a person liable for tax for a non-statutory earmarked tax of that prefecture or municipality (including a person who is to become liable for tax; the same applies hereinafter in this paragraph) who is specified by Order of the Ministry of Internal Affairs and Communications as a person for whom the total tax base of that non-statutory earmarked tax to be imposed on that person liable for tax is expected to continuously exceed one tenth of the total tax base of that non-statutory earmarked tax (hereinafter in this paragraph referred to as a "specified person liable for tax"), and intends to enact a Prefectural or Municipal Ordinance to establish or change that non-statutory earmarked tax, it is to hear the opinion of the specified person liable for tax in the assembly of that prefecture or municipality.
道府県又は市町村は、当該道府県又は市町村の法定外目的税の一の納税義務者(納税義務者となるべき者を含む。以下本項において同じ。)であつて当該納税義務者に対して課すべき当該法定外目的税の課税標準の合計が当該法定外目的税の課税標準の合計の十分の一を継続的に超えると見込まれる者として総務省令で定めるもの(以下本項において「特定納税義務者」という。)であるものがある場合において、当該法定外目的税の新設又は変更をする旨の条例を制定しようとするときは、当該道府県又は市町村の議会において、当該特定納税義務者の意見を聴くものとする。
第七百三十二条
Where the Minister for Internal Affairs and Communications has received a request for consultation under the provisions of paragraph (2) of the preceding Article, the Minister must notify the Minister of Finance to that effect.
総務大臣は、前条第二項の規定による協議の申出を受けた場合においては、その旨を財務大臣に通知しなければならない。
Where the Minister of Finance has received the notification under the preceding paragraph and has an objection to the establishment or change of the non-statutory earmarked tax relating to the request for consultation, the Minister may so state to the Minister for Internal Affairs and Communications.
第七百三十二条の二
The Minister for Internal Affairs and Communications must hear the opinion of the Local Finance Council with regard to the consent under Article 731, paragraph (2).
総務大臣は、第七百三十一条第二項の同意については、地方財政審議会の意見を聴かなければならない。
Where the Minister for Internal Affairs and Communications has received a request for consultation under the provisions of Article 731, paragraph (2), the Minister must consent to it, except where the Minister finds that any of the following grounds exists with respect to the non-statutory earmarked tax relating to the request for consultation:
総務大臣は、第七百三十一条第二項の規定による協議の申出を受けた場合には、当該協議の申出に係る法定外目的税について次に掲げる事由のいずれかがあると認める場合を除き、これに同意しなければならない。
that the tax base is the same as that of a national tax or another local tax, and the burden on residents would become markedly excessive;
国税又は他の地方税と課税標準を同じくし、かつ、住民の負担が著しく過重となること。
that it would seriously hinder the distribution of goods among local governments;
地方団体間における物の流通に重大な障害を与えること。
that, apart from what is listed in the preceding two items, it is inappropriate in light of the economic policy of the State.
前二号に掲げるものを除くほか、国の経済施策に照らして適当でないこと。
Article 733-2Scope of Non-Taxation of Non-Statutory Earmarked Taxes
第七百三十三条の二(法定外目的税の非課税の範囲)
A local government may not impose a non-statutory earmarked tax on the following:
land, houses and articles located outside the area of the local government concerned, and income arising from them;
business conducted at offices and places of business located outside the area of the local government concerned, and income arising from them;
当該地方団体の区域外に所在する事務所及び事業所において行われる事業並びにこれらから生ずる収入
benefits received on account of injury or illness arising from official or work-related causes, as specified by Cabinet Order.
公務上又は業務上の事由による負傷又は疾病に基因して受ける給付で政令で定めるもの
Article 733-3Method of Collecting Non-Statutory Earmarked Taxes
第七百三十三条の三(法定外目的税の徴収の方法)
A non-statutory earmarked tax must be collected by ordinary collection, filing and payment, special collection or collection by stamps, as is convenient for collection, as provided by the Prefectural or Municipal Ordinance of the local government concerned.
第七百三十三条の四(徴税吏員の法定外目的税に関する調査に係る質問検査権)
If necessary for an investigation concerning the assessment and collection of a non-statutory earmarked tax, a tax collection official of a local government may question the persons listed below, or inspect the books and documents of the persons in items (i) to (iii) (including, where electronic or magnetic records (meaning records made in electronic form, magnetic form or any other form that cannot be perceived by human senses, which are used for information processing by a computer) have been made or kept in lieu of making or keeping them, those electronic or magnetic records; the same applies in items (i) and (ii) of paragraph (1) of the following Article) and other articles, or request the presentation or submission of those articles (including copies thereof).
a person liable for tax or a person found to have tax liability;
納税義務者又は納税義務があると認められる者
a person found to have an obligation to provide money or goods to a person listed in the preceding two items;
前二号に掲げる者に金銭又は物品を給付する義務があると認められる者
a person other than those listed in the preceding three items who is found to be directly related to the assessment and collection of the non-statutory earmarked tax in question.
A successor corporation in a company split (meaning a corporation that has had assets and liabilities transferred to it by a splitting corporation in a company split; the same applies hereinafter in this paragraph) in a company split in which a person listed in item (i) or (ii) of the preceding paragraph is the splitting corporation (meaning a corporation that has transferred its assets and liabilities through a company split; the same applies hereinafter in this paragraph), and a splitting corporation in a company split in which a person listed in item (i) or (ii) of the preceding paragraph is the successor corporation in a company split, are included in the persons found to have the obligation to provide money or goods prescribed in item (iii) of that paragraph.
In the case referred to in paragraph (1), the tax collection official in question must carry an identification card certifying the official's status and present it when requested by a person concerned.
A tax collection official of a local government may, as provided by Cabinet Order, retain the articles submitted pursuant to the provisions of paragraph (1).
Investigations concerning delinquent tax collection procedures for a non-statutory earmarked tax are governed by the provisions of Article 733-24, paragraph (6), notwithstanding the provisions of paragraph (1).
法定外目的税に係る滞納処分に関する調査については、第一項の規定にかかわらず、第七百三十三条の二十四第六項の定めるところによる。
The authority of tax collection officials of a local government under the provisions of paragraph (1) or (4) must not be construed as having been granted for criminal investigation.
Article 733-5Offenses Relating to Refusal of Inspection, etc. for Non-Statutory Earmarked Taxes
第七百三十三条の五(法定外目的税に係る検査拒否等に関する罪)
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。
if the person refuses, obstructs or evades an inspection of books, documents or other articles under the provisions of the preceding Article;
前条の規定による帳簿書類その他の物件の検査を拒み、妨げ、又は忌避したとき。
if the person, without justifiable grounds, fails to comply with a request to present or submit articles under the provisions of paragraph (1) of the preceding Article, or presents or submits books, documents or other articles (including copies thereof) containing false entries or records;
前条第一項の規定による物件の提示又は提出の要求に対し、正当な理由がなくこれに応ぜず、又は偽りの記載若しくは記録をした帳簿書類その他の物件(その写しを含む。)を提示し、若しくは提出したとき。
When a person fails to answer questions put by a tax collection official under the preceding Article, or gives a false answer.
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.
Article 733-6Tax Agent for Non-Statutory Earmarked Taxes
第七百三十三条の六(法定外目的税の納税管理人)
If a person liable for a non-statutory earmarked tax (excluding a person liable for a non-statutory earmarked tax subject to special collection; the same applies in the following paragraph and Article 733-8) or a special collection agent has no domicile, residence, office or place of business (hereinafter in this paragraph referred to as a "address, etc.") within the area of the local government to which the obligation to pay or remit is owed, that person must, in order to have all matters relating to payment or remittance handled, either appoint a tax agent from among persons having a address, etc. within the area specified by the Prefectural or Municipal Ordinance of that local government and report the appointment to the head of the local government, or apply to the head of the local government for approval to appoint as a tax agent a person having a address, etc. outside that area who is in a convenient position to handle those matters, and obtain that approval. The same applies where that person changes or intends to change the tax agent.
法定外目的税の納税義務者(特別徴収に係る法定外目的税の納税義務者を除く。次項及び第七百三十三条の八において同じ。)又は特別徴収義務者は、納付義務又は納入義務を負う地方団体の区域内に住所、居所、事務所又は事業所(以下本項において「住所等」という。)を有しない場合においては、納付又は納入に関する一切の事項を処理させるため、当該地方団体の条例で定める地域内に住所等を有する者のうちから納税管理人を定めてこれを地方団体の長に申告し、又は当該地域外に住所等を有する者のうち当該事項の処理につき便宜を有するものを納税管理人として定めることについて地方団体の長に申請してその承認を受けなければならない。納税管理人を変更し、又は変更しようとする場合においても、同様とする。
Notwithstanding the preceding paragraph, the person liable for tax or special collection agent in question is not required to appoint a tax agent if that person has applied to the head of the local government for, and obtained, certification that there is no impediment to securing the collection of the non-statutory earmarked tax relating to that person liable for tax or special collection agent.
第七百三十三条の七(法定外目的税の納税管理人に係る虚偽の申告等に関する罪)
If a person makes a false report concerning a tax agent to be reported under the provisions of paragraph (1) of the preceding Article, or obtains the approval under that paragraph or the certification under paragraph (2) of that Article by deceit or other wrongful means, the person who committed the violation is to be punished by a fine of not more than 300,000 yen.
Where a representative of a corporation, or an agent, employee or other worker of a corporation or person, has committed a violation under the preceding paragraph in connection with the business or property of that corporation or person, in addition to punishing the offender, the penalty prescribed in that paragraph is to be imposed on that corporation or person.
第七百三十三条の八(法定外目的税の納税管理人に係る不申告に関する過料)
If a person liable for a non-statutory earmarked tax or a special collection agent who has not received the certification under Article 733-6, paragraph (2) and has not received the approval under paragraph (1) of that Article fails, without justifiable grounds, to report the tax agent who is to be reported under that paragraph, a local government may establish a provision in the Prefectural or Municipal Ordinance of that local government imposing a non-penal fine of not more than 100,000 yen on that person.
Article 733-9Ordinary Collection Procedures for Non-Statutory Earmarked Taxes
第七百三十三条の九(法定外目的税の普通徴収の手続)
Where a non-statutory earmarked tax is to be collected by ordinary collection, the tax notice to be delivered to the taxpayer must be delivered to the taxpayer no later than 10 days before its due date for payment.
local governmentmachine translation
「地方団体」
A prefecture (道府県) or a municipality (市町村).
Defined inArticle 1, paragraph (1), item (i)· applies throughout the law
head of a local governmentmachine translation
「地方団体の長」
The governor of a prefecture (道府県知事) or the mayor of a municipality (市町村長).
Defined inArticle 1, paragraph (1), item (ii)· applies throughout the law
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
local taxmachine translation
「地方税」
A prefectural tax or a municipal tax, as Article 1(1)(iv) of the Local Tax Act defines local tax.
Defined inArticle 1, paragraph (1), item (iv)· applies throughout the law
tax noticemachine translation
「納税通知書」
A document a local government draws up for local tax a taxpayer must pay, stating the Acts and the local government's ordinance (条例) provisions the tax is levied under, the taxpayer's address and name, the tax base, rate and amount, the payment periods and the amount due in each, where to pay, the steps that will be taken if the tax is not paid by the due date, and how to seek relief against the assessment.
Defined inArticle 1, paragraph (1), item (vi)· applies throughout the law
ordinary collectionmachine translation
「普通徴収」
Collecting a local tax by having a tax collection official (徴税吏員) deliver a tax notice (納税通知書) to the taxpayer.
Defined inArticle 1, paragraph (1), item (vii)· 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
collection by stampsmachine translation
「証紙徴収」
A local government's having local tax paid with stamps (証紙) it issues, without issuing a tax notice (納税通知書).
Defined inArticle 1, paragraph (1), item (xiii)· applies throughout the law
non-statutory earmarked taxmachine translation
「法定外目的税」
An earmarked tax (目的税) that a prefecture under Article 4, paragraph 6 or a municipality under Article 5, paragraph 7 levies as a tax of its own creation, beyond the special-purpose taxes the Local Tax Act provides for.
Short name set inArticle 10-4, paragraph (2)
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)
successor corporation in a company splitmachine translation
「分割承継法人」
A corporation that received assets and liabilities from a splitting corporation (分割法人) through a company split (分割), as the paragraph uses the term.
Defined inArticle 733-4, paragraph (2)· applies only in this provision
splitting corporationmachine translation
「分割法人」
A corporation that transferred its assets and liabilities to another corporation through a company split (分割), as the paragraph uses the term.
Defined inArticle 733-4, paragraph (2)· applies only in this provision
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.