Supplementary Provisions, Article 13Collection of Light Oil Delivery Tax Accompanying Raising of Tax Rate
第十三条(税率の引上げに伴う軽油引取税の徴収)
In addition to the cases prescribed in Articles 700-3 and 700-4 of the New Act, in the cases prescribed in the following items, with regard to the delivery, etc. set forth in the relevant item, that delivery, etc. is deemed to be the taking delivery under Article 700-3, paragraph (1) of the New Act and the person set forth in the relevant item is deemed to be the person taking that delivery, and light oil delivery tax is imposed on the person set forth in the relevant item, with the quantity of light oil relating to that delivery, etc. (in the case of item (iii), where that light oil is light oil under paragraph (2) of that Article, the quantity obtained by deducting a quantity equivalent to the quantity of hydrocarbon oil other than the light oil under that paragraph, and in the case of item (iv), the quantity of light oil stated in the tax exemption certificate) as the tax base, by the prefecture in which is located the office or place of business of the person set forth in the relevant item that is directly related to that delivery, etc. (or, for a person with no office or place of business, the address; the same applies in paragraph (4)). In this case, the tax rate of light oil delivery tax is 4,500 yen per kiloliter, notwithstanding the provisions of Article 700-7 and Article 32-2 of the Supplementary Provisions:
新法第七百条の三及び第七百条の四に規定する場合のほか、次の各号に規定する場合には、当該各号に掲げる引渡し等に対し、当該引渡し等を新法第七百条の三第一項の引取りと、当該各号に掲げる者を同項の引取りを行う者とみなし、当該引渡し等に係る軽油の数量(第三号の場合において、当該軽油が同条第二項の軽油であるときは、同項の軽油以外の炭化水素油の数量に相当する数量を控除した数量とし、第四号の場合には、当該免税証に記載された軽油の数量とする。)を課税標準として、当該各号に掲げる者の当該引渡し等に直接関係を有する事務所又は事業所(事務所又は事業所がない者にあつては、住所。第四項において同じ。)所在の道府県において、当該各号に掲げる者に軽油引取税を課する。この場合における軽油引取税の税率は、新法第七百条の七及び附則第三十二条の二の規定にかかわらず、一キロリットルにつき、四千五百円とする。
where, before the Effective Date, a person other than a contracted dealer or primary distributor (hereinafter in this paragraph referred to as a "seller, etc.") has taken delivery of light oil from a contracted dealer or primary distributor, or a contracted dealer has done so from another contracted dealer, and on or after the Effective Date has received delivery of that light oil from, or transferred it out of, a storage facility or handling facility owned or managed by a contracted dealer or primary distributor (referred to in item (iii) as a "storage facility, etc."): the delivery or transfer out of that light oil: that seller, etc. or contracted dealer;
where, before the Effective Date, a contracted dealer or primary distributor has received a transfer of light oil on which light oil delivery tax was imposed, or should have been imposed, under the provisions of the Former Act, and on or after the Effective Date has transferred the light oil so received (excluding the case prescribed in the preceding item): the transfer of that light oil: that contracted dealer or primary distributor;
where, at the time this Act comes into effect, a seller other than a contracted dealer or primary distributor (hereinafter in this Article referred to as a "retailer") owns light oil at a storage facility, etc. managed by a seller, etc., or has been entrusted with the custody of light oil by a person other than a contracted dealer, primary distributor or retailer: the ownership or custody of that light oil: that retailer;
where a retailer that, before the Effective Date, delivered tax-exempt light oil upon being presented with a tax exemption certificate by the user of the tax-exempt light oil is in possession of that tax exemption certificate on the Effective Date: that possession: that retailer.
The provisions of items (iii) and (iv) of the preceding paragraph do not apply where, for the same retailer, the quantity of light oil relating to the ownership or custody under item (iii) of that paragraph, together with the quantity of light oil stated in the tax exemption certificate under item (iv) of that paragraph, is less than 1 kiloliter within the same prefecture.
Where light oil delivery tax is imposed under the provisions of paragraph (1), item (i) or (ii) of this Article, Article 700-5, items (ii) and (iii) of the New Act do not apply, and where light oil delivery tax is imposed under the provisions of item (iii) of that paragraph, item (iii) of that Article does not apply.
The collection of light oil delivery tax in the cases of paragraph (1), items (ii) through (iv) is to be 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 one month from the Effective Date (in the case of item (ii) of that paragraph, the day on which the contracted dealer or primary distributor made the transfer referred to in that item), submit to the prefectural governor of the prefecture in which the office or place of business directly related to the transfer, etc. set forth in the relevant item is located a return stating the tax base quantity of light oil delivery tax, the tax amount and other matters specified by Prefectural Ordinance of that prefecture, and pay to that prefecture the tax amount so filed.
If the amount of light oil delivery tax to be filed and paid under 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 Article 15, paragraph (4), Article 15-2, paragraph (1), Article 15-4 and Article 16-2, paragraphs (1) through (3) of the New Act apply mutatis mutandis to the deferral of collection under the first sentence of the preceding paragraph, and the provisions of Article 11, Article 16, paragraph (3), Article 16-2, paragraph (4), and Article 16-5, paragraphs (1) and (2) of the New Act apply mutatis mutandis to the security under the second sentence of the preceding paragraph.
A prefectural governor, where the governor has deferred collection under the provisions of paragraph (5), is to exempt the portion of the amount of delinquency charge relating to the tax amount for which collection was deferred that corresponds to the period of that deferral.
道府県知事は、第五項の規定によつて徴収の猶予をした場合には、その徴収の猶予をした税額に係る延滞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。
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 Article 1 of Act No. 7 of 1976.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
1 April 1976, which the supplementary provisions (附則) of the Act Partially Amending the Local Tax Act, etc. (Act No. 7 of 1976) call the effective date (施行日).
Short name set inSupplementary Provisions, Article 2, paragraph (2)
the Former Actmachine translation
「旧法」
This Act as it stood before Article 1 of Act No. 7 of 1976 amended it.
Short name set inSupplementary Provisions, Article 3, paragraph (3)
seller, etc.machine translation
「販売業者等」
A person other than a contracted dealer (特約業者) or primary distributor (元売業者) of light oil (軽油), named so in transitional provisions of the supplementary provisions (附則) of amending Acts on light oil such a person had obtained from one of them before a change to the light oil delivery tax (軽油引取税) and received from their storage place, etc. (貯蔵場等) afterwards.
Short name set inSupplementary Provisions, Article 13, paragraph (1), item (i)· applies only in this paragraph
storage facility, etc.machine translation
「貯蔵場等」
A storage place (貯蔵場) or handling place (取扱所) owned or managed by a contracted dealer (特約業者) or primary distributor (元売業者) of light oil (軽油).
Short name set inSupplementary Provisions, Article 13, paragraph (1), item (i)· applies only in this provision and in Supplementary Provisions, Article 13, paragraph (1), item (iii)
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 13, paragraph (1), item (iii)· 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.