Supplementary Provisions, Article 11
第十一条
Only for fixed assets tax for fiscal year 1973, where, with regard to fixed assets tax imposed on building land, etc., a municipality has been unable, by the deadline for delivery of the tax notice under Article 364, paragraph (2) of the New Act, to calculate the amount of fixed assets tax for that fiscal year relating to that building land, etc. (hereinafter in this Article referred to as the "final computation") for unavoidable reasons such as being unable to determine that the building land, etc. is residential land, the municipality may collect the fixed assets tax relating to that building land, etc. at each payment period, within the limit of the amount obtained by dividing by the number of payment periods of that fiscal year an amount equivalent to the amount of fixed assets tax relating to that building land, etc. provisionally calculated under the provisions of the Former Act for building land, etc. owned by individuals, and under the provisions of the Former Act, Article 18, paragraph (8) of the Supplementary Provisions of the New Act or Article 18-2, paragraph (1) of the Supplementary Provisions of the New Act for building land, etc. owned by corporations, on the assumption that those provisions apply (hereinafter in this Article referred to as the "provisionally calculated tax").
昭和四十八年度分の固定資産税に限り、市町村は、宅地等に対して課する固定資産税について、新法第三百六十四条第二項の納税通知書の交付期限までに、当該宅地等が住宅用地であることの認定ができないこと等のやむを得ない理由があることにより当該宅地等に係る当該年度分の固定資産税の税額の算定(以下この条において「本算定」という。)ができなかつた場合には、個人の所有する宅地等については旧法の規定、法人の所有する宅地等については旧法の規定、新法附則第十八条第八項の規定又は新法附則第十八条の二第一項の規定の適用があるものとして、これらの規定により仮に算定した当該宅地等に係る固定資産税額に相当する額(以下この条において「仮算定税額」という。)を当該年度の納期の数で除して得た額の範囲内において、当該宅地等に係る固定資産税をそれぞれの納期において徴収することができる。
Where the final computation has been carried out after the mayor of the municipality has assessed fixed assets tax pursuant to the provisions of the preceding paragraph, the mayor must without delay notify the taxpayer to that effect. In this case, if the amount of fixed assets tax already assessed is less than the amount of fixed assets tax for fiscal year 1973 under the final computation (hereinafter in this Article referred to as the "finally computed tax amount"), the shortfall is to be collected in the payment period on or after the date on which the final computation was carried out, and if the amount of fixed assets tax already collected exceeds the finally computed tax amount, the overpaid amount must be refunded, or appropriated to the unpaid local government levies of that person liable for tax, in the manner of Article 17 or Article 17-2 of the New Act.
When the mayor of the municipality collects fixed assets tax pursuant to the provisions of paragraph (1), the mayor must make an entry to the effect of the matters set out in the following items in, or attach a document containing such an entry to, the tax notice delivered to the taxpayer of that fixed assets tax:
The tax base and tax amount for the land stated in the tax notice are amounts provisionally calculated under the provisions of the Former Act for building land, etc. owned by individuals, and under the provisions of the Former Act, Article 18, paragraph (8) of the Supplementary Provisions of the New Act or Article 18-2, paragraph (1) of the Supplementary Provisions of the New Act for building land, etc. owned by corporations, or include such amounts;
納税通知書に記載された土地に係る課税標準額及び税額は、個人の所有する宅地等については旧法の規定、法人の所有する宅地等については旧法の規定、新法附則第十八条第八項の規定若しくは新法附則第十八条の二第一項の規定により仮に算定した額であり、又は当該額を含むものであること。
Where the provisionally calculated tax already assessed is less than the finally computed tax amount, the shortfall is to be collected in the payment period on or after the date on which the final computation was carried out, and where the provisionally calculated tax already collected exceeds the finally computed tax amount, the overpaid amount is to be refunded, or appropriated to the unpaid local government levies of that person liable for tax.
Where delinquent tax collection procedures are taken with respect to fixed assets tax collected pursuant to the provisions of paragraph (1), the realization of property may not be carried out until the date on which the notice under the provisions of paragraph (2) is given for the building land, etc. concerned.
Only for fixed assets tax for fiscal year 1973, where, for fixed assets tax for that fiscal year imposed on building land, etc., the calculation of the tax amount for that fiscal year under the provisions of the Former Act (hereinafter in this paragraph referred to as the "former computation") was carried out before the Effective Date and a tax notice stating the tax amount under the former computation has been delivered, then, except where the mayor of the municipality recognizes that it is clear that the tax amount under the former computation is the same as the tax amount for that fiscal year under the final computation, the provisions of paragraphs (1) and (2) and the preceding paragraph apply by deeming the tax amount under the former computation to be the provisionally calculated tax and the assessment relating to that tax notice to be assessment based on the provisionally calculated tax under paragraph (1).
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
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
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)
the New Actmachine translation
「新法」
This Act as amended by Act No. 23 of 1973.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
This Act as it stood before Act No. 23 of 1973 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (2)
the Effective Datemachine translation
「施行日」
The date Act No. 23 of 1973, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
residential landmachine translation
「住宅用地」
Residential land (住宅用地) as defined in Article 349-3-2 of the Local Tax Act as amended by Act No. 23 of 1973.
Defined inSupplementary Provisions, Article 9, paragraph (5)
provisionally calculated taxmachine translation
「仮算定税額」
For fiscal 1973 fixed assets tax (固定資産税) on building land, etc. (宅地等), the tax calculated provisionally under the former rules of the Local Tax Act (旧法), and for land owned by corporations also under Article 18, paragraph 8 or Article 18-2, paragraph 1 of its supplementary provisions (附則) as amended by Act No. 23 of 1973, which the municipality may collect in instalments where an unavoidable reason, such as being unable to confirm that land is residential land (住宅用地), prevented it from calculating the tax by the deadline for the tax notice.
Short name set inSupplementary Provisions, Article 11, paragraph (1)· applies only in this article
final computationmachine translation
「本算定」
In Article 11 of the supplementary provisions (附則) of Act No. 23 of 1973, the computation of the fiscal 1973 fixed assets tax (固定資産税) on building land, etc. (宅地等).
Short name set inSupplementary Provisions, Article 11, paragraph (1)· applies only in this article
finally computed tax amountmachine translation
「本算定税額」
In Article 11 of the supplementary provisions (附則) of Act No. 23 of 1973, the fiscal 1973 fixed assets tax (固定資産税) found by the final computation (本算定), against which the tax already levied provisionally is settled.
Short name set inSupplementary Provisions, Article 11, paragraph (2)· applies only in this article
former computationmachine translation
「旧算定」
In Article 11, paragraph 5 of the supplementary provisions (附則) of Act No. 23 of 1973, a computation of the fiscal 1973 fixed assets tax (固定資産税) on building land, etc. (宅地等) made, before that Act came into effect, under the Local Tax Act as it stood before that Act amended it.
Short name set inSupplementary Provisions, Article 11, paragraph (5)· applies only in this paragraph