Supplementary Provisions, Article 15-10Reduction of Fixed Assets Tax on Buildings Specified in Plans Requiring Safety Confirmation, etc. for Which Seismic Retrofit Has Been Carried Out
第十五条の十(耐震改修が行われた要安全確認計画記載建築物等に対する固定資産税の減額)
For fixed assets tax imposed on a house falling under a building specified in a plan requiring safety confirmation prescribed in Article 7 of the Act on Promotion of Seismic Retrofitting of Buildings (Act No. 123 of 1995) or a large-scale building requiring urgent safety confirmation prescribed in Article 3, paragraph (1) of the Supplementary Provisions of that Act (limited to one for which a report under Article 7 or Article 3, paragraph (1) of the Supplementary Provisions of that Act has been made, and excluding one that has become subject to an order under Article 8, paragraph (1) of that Act (including as applied mutatis mutandis pursuant to Article 3, paragraph (3) of the Supplementary Provisions of that Act) or an instruction under Article 12, paragraph (2) of that Act (including as applied mutatis mutandis pursuant to Article 3, paragraph (3) of the Supplementary Provisions of that Act)), in which seismic retrofit was carried out during the period from April 1, 2014 to March 31, 2029 with a government subsidy specified by Order of the Ministry of Internal Affairs and Communications, and for which a certification of conformity with earthquake resistance standards has been issued as provided by Order of the Ministry of Internal Affairs and Communications (referred to as a "building meeting earthquake resistance standards" in this Article), a municipality is to reduce, only for two fiscal years beginning with the fiscal year whose assessment date is January 1 of the year following the year in which the day on which that seismic retrofit was completed falls (if the day on which that seismic retrofit was completed is January 1, that day), an amount equivalent to one-half of the fixed assets tax amount for that building meeting earthquake resistance standards (in the case of a building meeting earthquake resistance standards held in unit ownership, the sum total of the amounts calculated for each unit owner, as provided by Cabinet Order, as the tax amount for the part to which this paragraph applies (where that amount exceeds an amount equivalent to five percent of the amount of the costs required for that seismic retrofit for that part, calculated for each unit owner as provided by Cabinet Order, an amount equivalent to that five percent); and in the case of a building meeting earthquake resistance standards other than one held in unit ownership, the amount calculated, as provided by Cabinet Order, as the tax amount for the part to which this paragraph applies (where that amount exceeds an amount equivalent to five percent of the amount of the costs required for that seismic retrofit, calculated as provided by Cabinet Order, an amount equivalent to that five percent)) from the fixed assets tax amount for that building meeting earthquake resistance standards.
市町村は、建築物の耐震改修の促進に関する法律第七条に規定する要安全確認計画記載建築物又は同法附則第三条第一項に規定する要緊急安全確認大規模建築物に該当する家屋(同法第七条又は同項の規定による報告があつたものに限り、同法第八条第一項(同法附則第三条第三項において準用する場合を含む。)の規定による命令又は同法第十二条第二項(同法附則第三条第三項において準用する場合を含む。)の規定による指示の対象となつたものを除く。)のうち平成二十六年四月一日から令和十一年三月三十一日までの間に政府の補助で総務省令で定めるものを受けて耐震改修が行われたもので耐震基準に適合することにつき総務省令で定めるところにより証明がされたもの(以下この条において「耐震基準適合家屋」という。)に対して課する固定資産税については、当該耐震改修が完了した日の属する年の翌年の一月一日(当該耐震改修が完了した日が一月一日である場合には、同日)を賦課期日とする年度から二年度分の固定資産税に限り、当該耐震基準適合家屋に係る固定資産税額(区分所有に係る耐震基準適合家屋にあつてはこの項の規定の適用を受ける部分に係る税額として各区分所有者ごとに政令で定めるところにより算定した額(当該額が当該部分に係る当該耐震改修に要した費用の額として各区分所有者ごとに政令で定めるところにより算定した額の百分の五に相当する額を超える場合には、当該百分の五に相当する額)の合算額とし、区分所有に係る耐震基準適合家屋以外の耐震基準適合家屋にあつてはこの項の規定の適用を受ける部分に係る税額として政令で定めるところにより算定した額(当該額が当該耐震改修に要した費用の額として政令で定めるところにより算定した額の百分の五に相当する額を超える場合には、当該百分の五に相当する額)とする。)の二分の一に相当する額を当該耐震基準適合家屋に係る固定資産税額から減額するものとする。
The preceding paragraph applies only where, within three months from the day on which the seismic retrofit of the building meeting earthquake resistance standards was completed, a return to the effect that that paragraph should apply to that building meeting earthquake resistance standards, as provided by the Municipal Ordinance of the municipality, has been filed by the person liable for fixed assets tax on that building meeting earthquake resistance standards.
Where a return under the preceding paragraph is filed after the period prescribed in the preceding paragraph has elapsed, and the mayor of the municipality finds that there were unavoidable grounds for the return not having been filed within that period, the mayor may apply paragraph (1) to the building meeting earthquake resistance standards to which the return pertains.
earthquake resistance standardsmachine translation
「耐震基準」
The standards on safety against earthquakes that a Cabinet Order (政令) sets.
Short name set inSupplementary Provisions, Article 15-9, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 15-10, paragraph (1)
seismic retrofitmachine translation
「耐震改修」
An extension, reconstruction, repair or remodeling of a building aimed at improving its safety against earthquakes.
Defined inSupplementary Provisions, Article 15-9, paragraph (1)· applies only in this article and in Supplementary Provisions, Articles 15-9-2 and 15-10
building meeting earthquake resistance standardsmachine translation
「耐震基準適合家屋」
A building listed in a plan as needing a safety check (要安全確認計画記載建築物) under Article 7 of the Act on Promotion of Seismic Retrofitting of Buildings, or a large building needing an urgent safety check (要緊急安全確認大規模建築物) under Article 3, paragraph 1 of that Act's supplementary provisions (附則), that has been reported as those provisions require and not made subject to an order or instruction under that Act, received a seismic retrofit (耐震改修) between 1 April 2014 and 31 March 2029 with a government subsidy a Ministry of Internal Affairs and Communications Order (総務省令) specifies, and has been certified as meeting the earthquake resistance standards (耐震基準).
Short name set inSupplementary Provisions, Article 15-10, paragraph (1)· applies only in this article
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.