A person who, by deception or other wrongful act, evades income tax that is to be withheld pursuant to the provisions of Article 181 (Obligation to Withhold Tax on Interest Income and Dividend Income), Article 183 (Obligation to Withhold Tax on Salary Income), Article 190 (Obligation to Withhold Tax in Year-End Adjustments), Article 192 (Obligation to Withhold Shortfalls Found in Year-End Adjustments), Article 199 (Obligation to Withhold Tax on Retirement Income), Article 203-2 (Obligation to Withhold Tax on Public Pensions and Retirement Packages), Article 204, paragraph (1) (Obligation to Withhold Tax on Compensation, Fees, and Similar Payments), Article 207 (Obligation to Withhold Tax on Pensions Based on Life Insurance Policies and Similar Contracts), Article 209-2 (Obligation to Withhold Tax on Compensation for Periodic Deposits under Installment Savings and Similar Payments), Article 210 (Obligation to Withhold Tax on Distributions of Profits under Silent Partnership Agreements and Similar Agreements), or Article 212 (Obligation to Withhold Tax on the Income of Nonresidents or Corporations) is punished by imprisonment for not more than 10 years or a fine of not more than 1,000,000 yen, or both.
偽りその他不正の行為により、第百八十一条(利子所得及び配当所得に係る源泉徴収義務)、第百八十三条(給与所得に係る源泉徴収義務)、第百九十条(年末調整に係る源泉徴収義務)、第百九十二条(年末調整に係る不足額の源泉徴収義務)、第百九十九条(退職所得に係る源泉徴収義務)、第二百三条の二(公的年金等に係る源泉徴収義務)、第二百四条第一項(報酬、料金等に係る源泉徴収義務)、第二百七条(生命保険契約等に基づく年金に係る源泉徴収義務)、第二百九条の二(定期積金の給付補塡金等に係る源泉徴収義務)、第二百十条(匿名組合契約等の利益の分配に係る源泉徴収義務)又は第二百十二条(非居住者又は法人の所得に係る源泉徴収義務)の規定により徴収されるべき所得税を免れた者は、十年以下の拘禁刑若しくは百万円以下の罰金に処し、又はこれを併科する。
If the amount of income tax evaded as referred to in the preceding paragraph exceeds 1,000,000 yen, the fine referred to in that paragraph may, depending on the circumstances, be more than 1,000,000 yen but not more than an amount equivalent to the amount of income tax evaded.
A person who, without submitting a return under Article 203, paragraph (1) (Return Concerning Receipt of Retirement Income), evades income tax that is to be withheld pursuant to the provisions of Article 199 and Article 201, paragraph (1) (Amount of Tax Withheld on Retirement Income) is punished by imprisonment for not more than one year or a fine of not more than 500,000 yen, or both.
If the amount of income tax evaded as referred to in the preceding paragraph exceeds 500,000 yen, the fine referred to in that paragraph may, depending on the circumstances, be more than 500,000 yen but not more than an amount equivalent to the amount of income tax evaded.
Nonresident
「非居住者」
An individual who is not a resident.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
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.