Where it is found that the amount to be collected will still be insufficient even if delinquent tax collection procedures are executed with respect to the delinquent taxpayer's national tax listed in the following items, the person specified in item (i) bears secondary tax liability for the national tax relating to that delinquency to the extent of the property from which the profits prescribed in that item arose (including property acquired through a change in that property and property acquired on the basis of these properties (hereinafter in this Article and the following Article referred to as "acquired property")), the person specified in item (ii) to the extent of the property relating to the lending prescribed in that item (including acquired property), and the person specified in item (iii) to the extent of the amount of the benefit received.
National tax imposed under Article 12 (Principle of Taxing the Actual Earner) or Article 158 (Presuming the Attribution of Income of a Place of Business) of the Income Tax Act, or Article 11 (Principle of Taxing the Actual Earner) of the Corporation Tax Act: the person to whom the profits that were the basis of the imposition of that national tax are regarded as legally belonging
National tax imposed under Article 13 (Substantive Determination of the Person Who Made a Transfer, etc. of Assets or a Specified Purchase) of the Consumption Tax Act (Act No. 108 of 1988) (limited to the portion relating to the lending prescribed in Article 2, paragraph (1), item (viii) (Definitions) of that Act): the person who is regarded as having legally made the lending that was the basis of the imposition of that national tax
消費税法(昭和六十三年法律第百八号)第十三条(資産の譲渡等又は特定仕入れを行つた者の実質判定)の規定により課された国税(同法第二条第一項第八号(定義)に規定する貸付けに係る部分に限る。) その国税の賦課の基因となつた当該貸付けを法律上行つたとみられる者
National tax imposed under Article 157 (Negation of Actions or Calculations by a Family Company, etc.) or Article 168-2 (Denial of Acts or Calculations Related to Income Attributable to a Permanent Establishment of a Nonresident) of the Income Tax Act, Article 132 (Rejection of Acts or Calculations by Family Companies), Article 132-2 (Rejection of Acts or Calculations Pertaining to Organizational Restructuring), Article 132-3 (Rejection of Acts or Calculations Pertaining to Group Tax Sharing Corporations), or Article 147-2 (Rejection of Acts or Calculations Pertaining to Income Attributable to a Permanent Establishment of a Foreign Corporation) of the Corporation Tax Act, Article 64 (Negation of Actions or Calculations by a Family Company, etc.) of the Inheritance Tax Act, or Article 32 (Negation of Actions or Calculations by a Family Company, etc.) of the Land-holding Tax Act (Act No. 69 of 1991): the person who is considered to have received a benefit from the act of the taxpayer that was denied under these provisions (including the act that was the basis of the calculation that was denied)
所得税法第百五十七条(同族会社等の行為又は計算の否認等)若しくは第百六十八条の二(非居住者の恒久的施設帰属所得に係る行為又は計算の否認)、法人税法第百三十二条(同族会社等の行為又は計算の否認)、第百三十二条の二(組織再編成に係る行為又は計算の否認)、第百三十二条の三(通算法人に係る行為又は計算の否認)若しくは第百四十七条の二(外国法人の恒久的施設帰属所得に係る行為又は計算の否認)、相続税法第六十四条(同族会社等の行為又は計算の否認等)又は地価税法(平成三年法律第六十九号)第三十二条(同族会社等の行為又は計算の否認等)の規定により課された国税 これらの規定により否認された納税者の行為(否認された計算の基礎となつた行為を含む。)につき利益を受けたものとされる者
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national taxmachine translation
「国税」
A tax imposed by the national government, other than customs duty, tonnage tax, special tonnage tax, the forest environment tax and the special corporate business tax.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
taxpayermachine translation
「納税者」
A person liable under the national tax laws to pay a national tax other than tax collected by withholding (源泉徴収等による国税), and a person who must collect such withheld tax and pay it to the State.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
delinquent taxpayermachine translation
「滞納者」
A taxpayer (納税者) who has not paid a national tax they owe by its due date for payment, the original due date being the one that counts: a later date to which a tax payment grace period (納税の猶予) or a grace period for collection or for the delinquent tax collection procedure (滞納処分) has extended it does not.
Defined inArticle 2, paragraph (1), item (ix)· applies throughout the law
family corporationmachine translation
「同族会社」
A company that would be a family corporation as defined in Article 2, item 10 of the Corporation Tax Act if the delinquent taxpayer were chosen as one of the shareholders or members on which that test is based.
Short name set inArticle 35, paragraph (1)
acquired propertymachine translation
「取得財産」
Property acquired through a change in the property concerned, and property acquired on the strength of that property or of the property so acquired; under Articles 36 and 37 it is counted with that property in fixing the limit of a secondary tax liability (第二次納税義務).
Short name set inArticle 36, paragraph (1)· applies only in this article and in Article 37