Supplementary Provisions, Article 49
第四十九条
In the cases of the preceding three Articles, light oil delivery tax is collected by the method of filing and payment, and a contracted dealer, primary distributor or retailer on which light oil delivery tax is imposed under those provisions must, within 15 days from the date of enforcement of this Act (in the case of Article 46 of the Supplementary Provisions, the date on which the contracted dealer or primary distributor made the transfer), submit a return stating the quantity of light oil that is the tax base of light oil delivery tax, the amount of tax and other matters specified by the Prefectural Ordinance of the prefecture concerned to the prefectural governor of the prefecture where the office or place of business that directly manages that light oil of the contracted dealer, primary distributor or retailer is located (in the case of the preceding Article, the office or place of business that holds that tax exemption certificate), and pay the filed amount of tax to that prefecture.
If the amount of light oil delivery tax in the case of the preceding paragraph exceeds 30,000 yen, the prefectural governor may, upon application by the contracted dealer, primary distributor or retailer, defer collection for a period not exceeding three months. In this case, if the prefectural governor finds it necessary, the governor may take security from the contracted dealer, primary distributor or retailer.
The provisions of Articles 15-2 and 16 and Article 16-5, paragraphs (1), (2) and (4) of the New Act apply mutatis mutandis to the case of the preceding paragraph.
Where the prefectural governor has deferred collection under the provisions of paragraph (2), the governor is to exempt the portion of the amount of delinquency charge and amount of delinquency additional charge relating to the amount of tax for which collection was deferred that corresponds to the period for which collection was deferred.
道府県知事は、第二項の規定によつて徴収の猶予をした場合においては、その徴収の猶予をした税額に係る延滞金額及び延滞加算金額のうち当該徴収の猶予をした期間に対応する部分の金額を免除するものとする。
No registration tax is imposed on registration relating to the acquisition of a mortgage on security taken under the provisions of paragraph (2).
第二項の規定によつて徴した担保に係る抵当権の取得に関する登記又は登録については、登録税を課さない。
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
the New Actmachine translation
「新法」
This Act as amended by Act No. 74 of 1961.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
retailermachine translation
「小売業者」
A dealer (販売業者) in diesel oil (軽油) other than a contracted dealer (特約業者) or a primary distributor (元売業者).
Short name set inSupplementary Provisions, Article 47, paragraph (1)· applies only in this provision and in Supplementary Provisions, Articles 47 to 49
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.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.