Supplementary Provisions, Article 63Special Provisions on the Tax Base of Fixed Assets Tax and City Planning Tax on Houses and Depreciable Assets of Small and Medium-Sized Business Operators, etc. Relating to the Novel Coronavirus Disease, etc.
第六十三条(新型コロナウイルス感染症等に係る中小事業者等の家屋及び償却資産に対する固定資産税及び都市計画税の課税標準の特例)
The tax base of fixed assets tax or city planning tax imposed on houses (limited to those whose amount of depreciation or depreciation expenses are included in deductible expenses or necessary expenses in the calculation of income under the provisions of the Corporation Tax Act or the Income Tax Act (including similar houses owned by persons not subject to corporation tax or income tax)) and depreciable assets (hereinafter in this Article referred to as "assets eligible for the special measure") that are owned by, and used for the business of, a small and medium-sized business operator prescribed in Article 10, paragraph (8), item (vi) of the Act on Special Measures Concerning Taxation or a small and medium-sized enterprise prescribed in Article 42-4, paragraph (19), item (vii) of that Act (hereinafter in this Article referred to as "small and medium-sized business operators, etc.") (excluding a person who operates a sex-related special amusement business prescribed in Article 2, paragraph (5) of the Act on Control and Improvement of Amusement Business (Act No. 122 of 1948); the same applies in the following paragraph) is, notwithstanding the provisions of Article 349, Article 349-2 or Article 702, paragraph (1), limited to fixed assets tax or city planning tax for fiscal year 2021, the amount obtained by multiplying the price that is to be the tax base of fixed assets tax or city planning tax pertaining to those assets eligible for the special measure by the ratio specified in each of the following items according to the case set forth in that item:
租税特別措置法第十条第八項第六号に規定する中小事業者又は同法第四十二条の四第十九項第七号に規定する中小企業者(以下この条において「中小事業者等」という。)(風俗営業等の規制及び業務の適正化等に関する法律(昭和二十三年法律第百二十二号)第二条第五項に規定する性風俗関連特殊営業を営む者を除く。次項において同じ。)が所有し、かつ、その事業の用に供する家屋(その減価償却額又は減価償却費が法人税法又は所得税法の規定による所得の計算上損金又は必要な経費に算入されるもの(これに類する家屋で法人税又は所得税を課されない者が所有するものを含む。)に限る。)及び償却資産(以下この条において「特例対象資産」という。)に対して課する固定資産税又は都市計画税の課税標準は、第三百四十九条、第三百四十九条の二又は第七百二条第一項の規定にかかわらず、令和三年度分の固定資産税又は都市計画税に限り、当該特例対象資産に係る固定資産税又は都市計画税の課税標準となるべき価格に、次の各号に掲げる場合に応じ、当該各号に定める割合を乗じて得た額とする。
in the case where, due to the impact of the novel coronavirus disease and measures to prevent its spread, the business revenue ratio of the small and medium-sized business operator, etc. (meaning the ratio obtained by dividing the total revenue of the small and medium-sized business operator, etc. for any period of three consecutive months from February through October 2020 (meaning the total of the revenue from all businesses conducted by the small and medium-sized business operator, etc.; the same applies hereinafter in this item) by the total revenue of the small and medium-sized business operator, etc. for the period from the day one year before the first day of that period until the day on which three months have elapsed counted from that day; the same applies in the following item) is 50 percent or less: zero;
新型コロナウイルス感染症及びそのまん延防止のための措置の影響により当該中小事業者等の事業収入割合(令和二年二月から十月までの間における連続する三月の期間の当該中小事業者等の収入の合計額(当該中小事業者等が行う全ての事業に係る収入の合計額をいう。以下この号において同じ。)を当該期間の初日の一年前の日から起算して三月を経過する日までの期間の当該中小事業者等の収入の合計額で除して得た割合をいう。次号において同じ。)が百分の五十以下となる場合 零
in the case where, due to the impact of the novel coronavirus disease and measures to prevent its spread, the business revenue ratio of the small and medium-sized business operator, etc. is 70 percent or less (excluding the case listed in the preceding item): one-half.
新型コロナウイルス感染症及びそのまん延防止のための措置の影響により当該中小事業者等の事業収入割合が百分の七十以下となる場合(前号に掲げる場合を除く。) 二分の一
The provisions of the preceding paragraph apply only when a declaration to the effect that the provisions of the preceding paragraph are to apply to the assets eligible for the special measure has been made by a small and medium-sized business operator, etc., by January 31, 2021, attaching the documents specified by Order of the Ministry of Internal Affairs and Communications, to the mayor of the municipality (where the assets eligible for the special measure are subject to the provisions of Article 389, the Minister for Internal Affairs and Communications or prefectural governor who determines the price, etc. of the assets eligible for the special measure; the same applies in the following paragraph).
Where the declaration referred to in the preceding paragraph is made after the lapse of the period prescribed in that paragraph, the mayor of the municipality may apply the provisions of paragraph (1) to the assets eligible for the special measure pertaining to that declaration if the mayor finds that there are unavoidable reasons for the declaration not having been made within that period.
Where a false declaration has been made on matters to be declared under the provisions of paragraph (2), 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.
第二項の規定により申告すべき事項について虚偽の申告をしたときは、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。
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.
pricemachine translation
「価格」
In Article 702, paragraph 1, on the tax base of city planning tax (都市計画税), the price of the land or building (家屋) that would be the tax base of its fixed assets tax (固定資産税), multiplied by the rate of whichever paragraph of Article 349-3 listed in Article 702, paragraph 2 applies to it.
Defined inArticle 702, paragraph (2)
novel coronavirus diseasemachine translation
「新型コロナウイルス感染症」
In Article 59, Article 62, paragraph 1 and Article 63, paragraph 1 of the supplementary provisions (附則), the infectious disease (COVID-19) caused by the betacoronavirus that the People's Republic of China reported to the World Health Organization in January 2020 as newly found to spread between people.
Defined inSupplementary Provisions, Article 59, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 62, paragraph (1); and Supplementary Provisions, Article 63, paragraph (1)
small and medium-sized business operators, etc.machine translation
「中小事業者等」
A small and medium-sized business operator (中小事業者) as defined in Article 10, paragraph 8, item 6 of the Act on Special Measures Concerning Taxation, or a small and medium-sized enterprise (中小企業者) as defined in Article 42-4, paragraph 19, item 7 of that Act; for paragraphs 1 and 2 of Article 63, one running a sex-related special business (性風俗関連特殊営業) as defined in Article 2, paragraph 5 of the Act on Control and Improvement of Amusement Business is left out.
Short name set inSupplementary Provisions, Article 63, paragraph (1)· applies only in this article
assets eligible for the special measuremachine translation
「特例対象資産」
Houses and depreciable assets (償却資産) that a small and medium-sized business operator, etc. (中小事業者等) — other than one running a sex-related special business (性風俗関連特殊営業) under the Act on Control and Improvement of Amusement Business — owns and uses in its business, houses only where their depreciation counts as a deductible expense in computing income for corporation tax or income tax (or are similar houses of an owner not subject to those taxes); their fiscal 2021 fixed assets tax (固定資産税) and city planning tax (都市計画税) base is cut to nil or half where the COVID-19 pandemic and the measures against it reduced the operator's business revenue.
Short name set inSupplementary Provisions, Article 63, paragraph (1)· applies only in this article
business revenue ratiomachine translation
「事業収入割合」
For a small or medium-sized business operator, etc. (中小事業者等), its total revenue from all its businesses in any three consecutive months from February to October 2020, divided by its total revenue in the three months beginning one year before the first day of that period.
Defined inSupplementary Provisions, Article 63, paragraph (1), item (i)· applies only in this provision and in Supplementary Provisions, Article 63, paragraph (1), item (ii)
total revenue of the small and medium-sized business operator, etc. for the periodmachine translation
「期間の当該中小事業者等の収入の合計額」
In Article 63, paragraph 1, item 1 of the supplementary provisions (附則), the total revenue from all the businesses a small and medium-sized business operator, etc. (中小事業者等) carries on over the period concerned, used to compare three consecutive months between February and October 2020 with the same months a year earlier.
Defined inSupplementary Provisions, Article 63, paragraph (1), item (i)· applies only in this item
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.