第七百三十三条の二十(納期限後に納付し、又は申告納入する法定外目的税の延滞金)
If a taxpayer of a non-statutory earmarked tax or a special collection agent pays the tax (including an amount of tax increased by an amendment under Article 733-14, paragraph (2); the same applies hereinafter in this Article) or remits a remittance after the due date for payment (if there has been an extension of the due date for payment, the due date for payment so extended; the same applies hereinafter in this Section), the taxpayer or special collection agent must pay or remit it with the addition of an amount of delinquency charge equivalent to the amount calculated by multiplying that amount of tax or amount of remittance by a rate of 14.6 percent per annum (7.3 percent per annum for the period up to the day on which one month has elapsed from the day following that due date for payment (or, for an amount of tax increased by an amendment under Article 733-14, paragraph (2), the period up to the day on which the amended return under Article 733-14, paragraph (2) was filed or the period up to the day on which one month has elapsed from the day following that day)), according to the number of days in the period from the day following that due date for payment to the date of payment or remittance.
法定外目的税の納税者又は特別徴収義務者は、納期限(納期限の延長があつた場合においては、その延長された納期限とする。以下本節において同じ。)後にその税金(第七百三十三条の十四第二項の規定による修正により増加した税額を含む。以下本条において同じ。)を納付し、又は納入金を納入する場合においては、当該税額又は納入金額に、その納期限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(当該納期限の翌日から一月を経過する日までの期間(同項の規定による修正により増加した税額にあつては、同項の修正申告書が提出された日までの期間又はその日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納付し、又は納入しなければならない。
Where the head of the local government finds that there are unavoidable grounds for a taxpayer or special collection agent not having paid the tax or not having remitted the remittance by the due date for payment, the head may reduce or exempt the amount of delinquency charge under the preceding paragraph.
Article 733-21Offenses Relating to Tax Evasion, etc. of Non-Statutory Earmarked Taxes
第七百三十三条の二十一(法定外目的税の脱税等に関する罪)
Where a person has evaded all or part of a non-statutory earmarked tax by deception or other wrongful acts, 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 1,000,000 yen, or both.
偽りその他不正の行為により法定外目的税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百万円以下の罰金に処し、又はこれを併科する。
Where a person has failed to remit all or part of the remittance relating to a non-statutory earmarked tax that is to be collected and remitted under the provisions of Article 733-15, paragraph (2), 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 1,000,000 yen, or both.
第七百三十三条の十五第二項の規定により徴収して納入すべき法定外目的税に係る納入金の全部又は一部を納入しなかつたときは、その違反行為をした者は、五年以下の拘禁刑若しくは百万円以下の罰金に処し、又はこれを併科する。
Where the amount of tax evaded under paragraph (1) or the amount not remitted under the preceding paragraph exceeds 1,000,000 yen, depending on the circumstances the amount of the fine under each of those paragraphs may, notwithstanding those provisions, be an amount exceeding 1,000,000 yen that is not more than the amount equivalent to the amount of tax evaded or the amount not remitted.
In addition to what is prescribed in paragraph (1), where a person has evaded all or part of a non-statutory earmarked tax by failing to make a declaration or report on matters to be declared or reported pursuant to the provisions of Article 733-10, 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 500,000 yen, or both.
Where the amount of tax evaded as referred to in the preceding paragraph exceeds 500,000 yen, the amount of the fine referred to in that paragraph may, in light of the circumstances, notwithstanding the provisions of that paragraph, be an amount exceeding 500,000 yen and not exceeding the amount equivalent to the amount of tax evaded.
Where a representative of a corporation, or an agent, employee or other worker of a corporation or a person, has committed a violation under paragraph (1), (2) or (4) in connection with the business or property of that corporation or person, in addition to punishing the offender, the fines prescribed in those paragraphs are to be imposed on that corporation or person.
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.
Article 733-22Demand for Payment Concerning Non-Statutory Earmarked Taxes
第七百三十三条の二十二(法定外目的税に係る督促)
If a taxpayer or special collection agent fails to pay in full the local government levies relating to a non-statutory earmarked tax by the due date for payment (in the case of a reassessment or determination, the due date for payment of the shortfall amount; the same applies hereinafter in this Section), a tax collection official of the local government must issue a demand letter within 20 days after the due date for payment; provided, however, that this does not apply in the case of advance collection.
A local government with special circumstances may specify, by Prefectural or Municipal Ordinance of the local government concerned, a period different from the period prescribed in the preceding paragraph.
Article 733-23Demand Fee Concerning Non-Statutory Earmarked Taxes
第七百三十三条の二十三(法定外目的税に係る督促手数料)
When a tax collection official of a local government has issued a demand letter, the official may collect a fee as provided by the Prefectural or Municipal Ordinance of the local government in question.
Article 733-24Delinquent Tax Collection Procedures Concerning Non-Statutory Earmarked Taxes
第七百三十三条の二十四(法定外目的税に係る滞納処分)
If a person delinquent in payment of a non-statutory earmarked tax falls under any one of the following items, a tax collection official of the local government must seize the property of the person delinquent in payment with respect to the local government levies relating to that non-statutory earmarked tax:
if the person delinquent in payment has received a demand and has not paid in full the local government levies relating to the non-statutory earmarked tax subject to that demand by the day on which 10 days have elapsed, counting from the date on which the demand letter was issued;
if the person delinquent in payment has not paid in full the local government levies relating to the non-statutory earmarked tax by the due date for payment specified by the notice concerning advance collection.
Where the preceding paragraph is applied to a secondary taxpayer or guarantor, the term "demand letter" in item (i) of that paragraph is deemed to be replaced with "written reminder for payment or remittance."
If, after the due date for payment of the local government levies relating to the non-statutory earmarked tax and by the day on which the 10 days prescribed in paragraph (1), item (i) have elapsed, a fact falling under any one of the items of Article 13-2, paragraph (1) has arisen with respect to a person delinquent in payment who has received a demand, a tax collection official of the local government may seize that person's property immediately.
If a compulsory liquidation procedure has been carried out with respect to the property of a person delinquent in payment, a tax collection official of the local government must make a request for share distribution to the enforcement agency (in the case of a request for share distribution of local government levies relating to a non-statutory earmarked tax for a claim set forth in Article 114, item (i) of the Bankruptcy Act, the court handling the bankruptcy case relating to that request for share distribution) with respect to the delinquent local government levies relating to the non-statutory earmarked tax.
Where a tax collection official of a local government is able to make a seizure under the provisions of paragraphs (1) through (3), and the property of the person delinquent in payment that falls under any item of Article 86, paragraph (1) of the National Tax Collection Act has already been seized through delinquent tax collection procedures for the local government levies of another local government or for national taxes, or through a disposition carried out in accordance with the rules for those procedures, a request for share distribution regarding that property may be made by participatory seizure.
地方団体の徴税吏員は、第一項から第三項までの規定により差押えをすることができる場合において、滞納者の財産で国税徴収法第八十六条第一項各号に掲げるものにつき、既に他の地方団体の徴収金若しくは国税の滞納処分又はこれらの滞納処分の例による処分による差押えがされているときは、当該財産についての交付要求は、参加差押えによりすることができる。
Delinquent tax collection procedures for local government levies relating to a non-statutory earmarked tax, including those provided for in the preceding paragraphs, are carried out in accordance with the rules for delinquent tax collection procedures prescribed in the National Tax Collection Act.
Dispositions under the preceding paragraphs may also be carried out outside the area of the local government in question.
第七百三十三条の二十五(法定外目的税に係る滞納処分に関する罪)
If a taxpayer of a non-statutory earmarked tax or a special collection agent, with the purpose of evading the execution of delinquent tax collection procedures, conceals or damages the person's property, disposes of it to the detriment of the local government, or commits an act of falsely increasing the burdens on that property, or alters its existing condition and thereby diminishes the value of that property or commits an act of increasing the expenses for the delinquent tax collection procedure relating to it, that person is to be punished by imprisonment for not more than three years or a fine of not more than 2,500,000 yen, or both.
The same applies as under the preceding paragraph where a third party in possession of the property of a taxpayer or special collection agent commits the act set forth in the preceding paragraph for the purpose of enabling the taxpayer or special collection agent to evade the execution of the delinquent tax collection procedure.
A person who, knowing the circumstances, becomes the counterparty to an act under the preceding two paragraphs by a taxpayer or special collection agent or by a third party in possession of the property, and thereby commits the violation as the counterparty, is to be punished by imprisonment for not more than two years or a fine of not more than 1,500,000 yen, or both.
If a representative of a corporation, or an agent, employee or other worker of a corporation or a person, commits a violation prescribed in the preceding three paragraphs 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.
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又は財産に関して前三項の違反行為をした場合には、その行為者を罰するほか、その法人又は人に対し、当該各項の罰金刑を科する。
第七百三十三条の二十六(国税徴収法の例による法定外目的税に係る滞納処分に関する検査拒否等の罪)
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, in the case referred to in Article 733-24, paragraph (6), the person fails to answer or makes a false statement in response to a question by a tax collection official of the local government conducted in accordance with the provisions of Article 141 of the National Tax Collection Act;
第七百三十三条の二十四第六項の場合において、国税徴収法第百四十一条の規定の例により行う地方団体の徴税吏員の質問に対して答弁をせず、又は偽りの陳述をしたとき。
if, in the case referred to in Article 733-24, paragraph (6), the person refuses, obstructs or evades an inspection by a tax collection official of the local government, conducted in accordance with the provisions of Article 141 of the National Tax Collection Act, of books and documents (meaning the books and documents prescribed in that Article; the same applies in the following item) or other articles;
第七百三十三条の二十四第六項の場合において、国税徴収法第百四十一条の規定の例により行う地方団体の徴税吏員の帳簿書類(同条に規定する帳簿書類をいう。次号において同じ。)その他の物件の検査を拒み、妨げ、又は忌避したとき。
if, in the case referred to in Article 733-24, paragraph (6), the person, without justifiable grounds, fails to comply with a request by a tax collection official of the local government for the presentation or submission of articles, made in accordance with the provisions of Article 141 of the National Tax Collection Act, or presents or submits books and documents or other articles (including copies thereof) containing false entries or records.
第七百三十三条の二十四第六項の場合において、国税徴収法第百四十一条の規定の例により行う地方団体の徴税吏員の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じず、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。
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.
第七百三十三条の二十六の二(国税徴収法の例による法定外目的税に係る滞納処分に関する虚偽の陳述の罪)
In the case referred to in Article 733-24, paragraph (6), a person who makes a false statement on a matter to be stated to the head of the local government in accordance with the provisions of Article 99-2 of the National Tax Collection Act (including as applied mutatis mutandis pursuant to Article 109, paragraph (4) of that Act) is to be punished by imprisonment for not more than six months or a fine of not more than 500,000 yen.
第七百三十三条の二十四第六項の場合において、国税徴収法第九十九条の二(同法第百九条第四項において準用する場合を含む。)の規定の例により地方団体の長に対して陳述すべき事項について虚偽の陳述をした者は、六月以下の拘禁刑又は五十万円以下の罰金に処する。
Article 733-27Procedures for Collection of Non-Statutory Earmarked Taxes by Stamps
第七百三十三条の二十七(法定外目的税の証紙徴収の手続)
Where a local government intends to collect a non-statutory earmarked tax by collection by stamps, it must have the taxpayer pay the tax with stamps issued by that local government. In this case, the local government may, in lieu of stamps, have stamps affixed to documents or other articles certifying that an obligation to pay that non-statutory earmarked tax has arisen, or affix a tax-paid seal after receiving payment in cash equivalent to the face value of the stamps.
Where a taxpayer has affixed stamps, the local government or special collection agent must clearly cancel them with the seal of that local government or the seal or signature of the special collection agent, across the paper or other article on which the stamps are affixed and the design of the stamps.
The handling of the stamps under paragraph (1) must be provided for by the Prefectural or Municipal Ordinance of the local government in question.
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
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
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
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
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)
secondary taxpayermachine translation
「第二次納税義務者」
A person who has a secondary tax liability (第二次納税義務) under Articles 11-2 to 11-10 or Article 12-2, paragraph 2 or 3 for local tax collection money (地方団体の徴収金) owed by a taxpayer or special collector (特別徴収義務者), from whom the head of the local government collects it by a written notice stating the amount, the deadline and the place of payment.
Short name set inArticle 11, paragraph (1)
compulsory liquidation proceduremachine translation
「強制換価手続」
Any procedure that sells a debtor's property by force: delinquent tax collection (滞納処分) and procedures run in the same way, compulsory execution, auction to enforce a security interest, enforcement of an enterprise mortgage (企業担保権) or of an enterprise value charge (企業価値担保権), and bankruptcy.
Short name set inArticle 13-2, paragraph (1), item (i)
enforcement agencymachine translation
「執行機関」
An administrative body or other person carrying out a delinquent tax collection procedure (滞納処分), a court (or, in small-claims enforcement under Article 167-2, paragraph 2 of the Civil Enforcement Act, a court clerk), a court execution officer (執行官) or a bankruptcy trustee (破産管財人).
Defined inArticle 13-3, paragraph (2)
due datemachine translation
「納期限」
For a non-statutory special-purpose tax (法定外目的税), the due date for paying it in, which, where a reassessment (更正) or determination (決定) has been made, means the due date for the shortfall.
Defined inArticle 733-22, paragraph (1)· applies only in this provision
books and documentsmachine translation
「帳簿書類」
The books and documents on a delinquent taxpayer's property that Article 141 of the National Tax Collection Act names, including the electronic records (電磁的記録) made or kept in their place.
Defined inArticle 733-26, paragraph (1), item (ii)· applies only in this provision and in Article 733-26, paragraph (1), item (iii)
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.