法令番号: 法律第87号
公布年月日: 昭和22年4月30日
法令の形式: 法律
I hereby give My sanction to the Law amending the Estate Tax Law for which the concurrence of the Imperial Diet has been obtained, and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the fourth month of the twenty-second year of Showa (April 28, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Finance ISHIBASHI Tanzan
Law No.87
ESTATE TAX LAW
Chapter I General Provisions
Chapter II Taxable Amount, Deduction and Tax Rates
Section I Estate Tax
Section II Gift Tax
Chapter III Valuation of Property
Chapter IV Filing and Payment
Chapter V Correction and Determination of Taxable Amount
Chapter VI Reinvestigation, Petition and Lawsuits
Chapter VII Deferred Payment and Payment in Kind
Chapter VIII Miscellaneous Provisions
Chapter IX Penalties
Chapter I. General Provisions
Article 1. In case the decedent has his domicile in the territory where this Law is prevailing or the estate is located in the territory where this Law is prevailing, at the time of inheritance, the following persons shall be liable to pay the estate tax according to this Law:
1. Heir.
2. Legatee
3. Recipient of donations from the decedent made within two years prior to the time of inheritance.
In case an individual who had made donations (the person shall hereinafter be called a donor) has his domicile in the territory where this Law is prevailing or the property-given as donation (the property shall hereinafter be called the donated property) is located in the territory where this law is prevailing the donor shall be liable to pay the gift tax according to this Law.
Article 2. In case the decedent has his domicile in the territory where this Law is prevailing, the estate tax shall be imposed on the whole of the estate.
In case the decedent has not his domicile in the territory where this Law is prevailing, the estate tax shall be imposed on the estate which is located in the territory where this Law is prevailing.
Article 3. In case the donor has his domicile in the territory where this Law is prevailing during the year in which the donation has been made the gift tax shall be imposed on the whole of the donated property.
In case the donor has not his domicile in the territory where this Law is prevailing during the year in which the donation has been made, the gift tax shall be inposed on the donated property which is located in the teritory where this Law is prevailing.
In case a donor who used to have his domicile in the territory where this Law is prevailing has discontinued to do so or a donor who used not to have his domicile in the territory where this Law is prevailing has become to have his domicile in said territory the gift tax shall be imposed on all property donated during the time he was domiciled in said territory and property which is located in said territory and which was donated during the time he was not domiciled in said territory.
Article 4. The following properties shall be regarded as the estate:
1. The property donated by the decedent within two years prior to the time of inheritance.
2. Regarding an life insurance constract of which no cause of claim is in existence at the time of inheritance, and premium of which or a part thereof have been paid by the decedent, the value of the claim on the said policy, in proportion of the amount of premiums paid by the decedent according to the provisions as prescribed by Ordinance.
3. The life insurance money to be paid to the heir or other persons as a result of the death of the decedent.
4. The retirement allowances, rewards for meritorious services and other allowances of similar nature (hereinafter called retirement allowances) which the decedent was entitled to but was paid to his heir or some other persons as a result of the death of the decedent.
5. Regarding a postal annuity contract or other regular allowances contracts of which no cause for payment of annuity or allowances is in existence at the time of inheritance, and instalments of which or a part thereof have been paid by the decedent the value of the claims on said contract, in proportion of the amount of instalments paid by him, as prescribed by Ordinance.
6. Regarding regular allowances the contract of which stipulates that the regular allowance is to be paid not only to the beneficiary during his life time but to his heir or other persons in case the beneficiary died within a certain period, the value of the claim on the regular allowances held by the heir or other persons after the death of the decedent, in proportion of the instalments or a part thereof which paid by the decedent, as prescribed by Ordinance.
7. Value of claims on regular allowances to which the heir or other persons becomes entitled as a result of the death of the decedent, besides those referred to under each number above.
The premiums or instalment payments paid by the predecessor of the decedent shall be subject to the provisions of Nos.2, 5 or 6 of the preceding paragraph, deeming the same as were paid by the decedent.
Article 5. In case a person other than the trustor of a trusteeship is entitled to the benefits of the trusteeship or of a part thereof, the trustor shall be deemed to have donated the title to the benefits (or a part thereof in case the beneficiary is entitled to a part of the benefits) to the beneficiary at the time the trusteeship was contracted.
In case a person, other than the trustor who was used to be the beneficiary, has newly been designated as a beneficiary, the trustor shall be deemed to have donated the title to the benefits to the new beneficiary at the time the new beneficiary at the time the new beneficiary was designated.
Article 6. In case the decedent, as a trustor, has designated a person other than the heir to be the beneficiary of the trust or a part thereof which was contracted within two years prior to the death of the decedent, or in case the decedent has, as a trustor, designated, within two years prior to his death, a person other than the heir to be the new beneficiary, the trustee of the trust shall be deemed the beneficiary of the trust benefits concerned, for purposes of the application of the preceding Article, in the event that the trusteeship is one of the following types:
1. The trusteeship the beneficiary of which is not determined yet at the time of the inheritance, because the person designated by the trustor has not consented to be the beneficiary.
2. The trusteeship the beneficiary of which is not yet in existence at the time of the inheritance.
3. The trusteeships, the title to the benefits of which was given under a certain condition and the condition is not yet realized at the time of the inheritance.
4. The trusteeship the beneficiary of which is not specified yet at the time of the inheritance.
The estate tax to be paid by the trustee pursuant to the preceding paragraph shall be paid from the property kept in trust.
Article 7. In respect of a life insurance contract the premiums or a part thereof have been paid by a person other than the beneficiary, the person who has paid premiums shall be deemed, at the time when the claim for payment occurs, to have donated the amount of insurance money or a part, in proportion of the premiums he paid, to the beneficiary, as prescribed by Ordinance.
The premiums paid by the decedent shall be deemed to have been paid by the heir, for purposes of the application of par.1.
Par.1 shall not apply in case the insurance money is to be deemed the estate by virtue of Art.4, par.1, No.3.
Article 8. In respect of a postal annuity contract the recipient of which is other person than the person who paid instalments or a part thereof, the person who paid instalments shall be deemed, at the time when the cause for payment comes into existence to have donated the value of the claim in proportion of the instalments he paid to the total instalment, to the receipient of the annuity.
The provision of the preceding paragraph shall apply in respect to cases where refundment or similar money was paid on the postal annuity or other similar contracts for regular allowances.
The provisions of par.2 of the preceding Article shall apply to cases referred to under the preceding two paragraphs.
Pars.1 and 2 shall not apply in respect to the case where the claims arising out of the regular allowance contracts are to be deemed a part of the estate by virtue of Art.4, par.1, No.6 or 7.
Article 9. In case contributions have been made by a person before his death, the person shall be deemed to have donated the said contributions at the time when the establishment of a foundation on the basis of the contribution is permitted.
Article 10. In case a property has been transferred at unreasonably law countervalue, the transferrer shall be deemed to have donated the amount equivalent to the difference between the countervalue and the market price of the property, to the transferee.
Article 11. In case the remission or acceptance of liabilities, or repayment of other persons liabilities has been made, without any or at unreasonably low compensations, the person who has remitted, accepted or repaid shall be deemed to have donated the amount equivalent to the amount of liabilities remitted, accepted or repaid, to the debtor, at the time of the remission, acceptance or repayment;provided, however, this shall not apply in respect to the case provided for by Ordinance.
Article 12. In case a person has made other persons participate in benefits without countervalue or for unreasonably low countervalue, he shall be deemed to have donated the amount equivalent to the value of benefits, at the time of the participation therein, besides cases referred to under Arts.5 and 7-11.
Matters necessary for the application of the preceding paragraph shall be provided for by Ordinance.
Article 13. In case a trusteeship was contracted, premiums or instalments to a life insurance contract or contracts on other regular allowances were paid, or a contribution was made or acts referred to under the preceding two Articles were made, in accordance with the will of the decedent, this shall be deemed a bequest given.
In the case referred to under Art.4, par.1, Nos, 3, 4, 6 and 7, if a person other than the heir has received an insurance money or been supplied retirement allowances or given a title to regular allowances, these properties shall be deemed to have been bequeathed.
Donations which become valid on account of the death of the donor shall be deemed bequests.
Article 14. Locations of the following properties shall be as enumerated under respective number concerned:
1. Regarding personal or real estates and rights on real estates, the place where said personal or real estates are located; provided in re ships and vessels, their registered locations.
2. Regarding mining and placer mining rights, the place where the lot is located.
3. Regarding fishing rights or rights to enter fishing zone or rights aimed at fishing rights, the city, town or village or corresponding administrative district to which the coast nearest to the fishing zone belongs.
4. Regarding deposits, saving deposits, instalment deposits with, or similar money as may be prescribed by Ordinance, which is consigned to, the place of business or office where said deposits, savings deposits, instalment deposits or money consigned are deposited with or consigned to.
5. Regarding the title to a joint operation trusteeship, the place of business where such trust account was created.
6. Besides these referred to in above numbers, regarding the right held by a person who has business place or business within the territory where this Law is prevailing on said business place or business, the location of said business place or business.
The location of the properties other than those mentioned in the preceding paragraph shall be the place where the holder of the title to the property has his domicile.
"Joint-operation-trust" referred to under par.1, No.5 is a monetary trust which has been trusted with trust companies (including banks engaged in trust business) and which, while being the trust property of numerous trustors who do not act collectively, is put into joint operation.
Article 15. The location of the estate shall be the place where the estate is located at the time of inheritance, provided that, regarding the property refcrred to under Art.4, par.1, No.1, the location of the said property shall be the place where it was located at the time of donation.
The location of the donated property shall be the place where the said donated property is located at the time of donation.
Chapter II. Taxable Amount, Deductions and Tax Rates
Section I. Estate Tax
Article 16. In case the decedent has his domicile in the territory where this Law is prevailing, at the time of death, the assessment of the taxable amount shall be made by deducting the following items from the value of the estate:
1. Liabilities of the decedent existing at the time of inheritance (including taxes and public impositions).
2. Funeral expenses.
Obligations to donated property, arising out of a contract made within two years prior to the time of inheritance, which is yet unfulfilled at the time of inheritance, shall not be counted as liabilities referred to under No.1 of the preceding paragraph, for purposes of the computation of the taxable estate.
Article 17. In case the decedent does not have his domicile in the territory where this Law is prevailing, at the time of his death, the assessment of the taxable amount shall be made by deducting the following items in his liabilities (including taxes and public impositions) from the value of estate located in the territory where this Law is prevailing:
1. Public taxes and impositions on the estate in question.
2. Liabilities secured by lien, prior lien, pledge or mortgage existing on the estate in question.
3. Besides the foregoing numbers, the liabilities arising from the acquisition, maintenance or custody of the estate in question.
4. The obligation to make donation regarding the estate in question (excluding such as accrued due to the contract made within two years prior to the time of inheritance).
5. Besides the foregoing numbers, in case the decedent had the place of his business or office in the territory where this Law is prevailing at the time of his death, the liabilities outstanding in connection with said office or business.
Article 18. Liabilities deductible from the value of estate by virtue of the preceding two Articles, shall be limited to those deemed unquestionable.
Article 19. The value of the following estate shall not be counted in the taxable amount:
1. Property donated or bequeathed to the nation, prefectures, cities, towns, villages or other public bodies as may be provided for by Ordinance.
2. Property donated by the decedent to a donee within two years prior to the time of inheritance, only in case the total thereof per donee does not exceed 1,000 yen.
3. Claims on life insurance money, retirement allowances or regular allowances referred to under Art.4, par.1, Nos.3, 4, 6, or 7, only under the limitation of 30,000 yen for the total thereof.
4. The property donated from one person to the other both of which are obligated to mutually sustain other's living, for the purpose of living or educational expenses, only under the limit deemed ordinarily necessary.
Article 20. Property donated or bequeathed to persons operated aiming at religious, charitable, scholarly or other purposes of public interests as may be provided for by Ordinance, within two years prior to the time of inheritance shall not be counted in taxable estate, only under the limitation of 100,000 yen or 1/10 of the taxable amount before the application of the present Article and Art.21, whichever is smaller, for the total donations or bequests.
Article 21. 50,000 yen shall be deducted from the taxable amount for purposes of the estate tax.
Article 22. The taxable amount of the estate tax (meaning the taxable amount after deduction of the preceding Article, the same goes within this section excepting the case so specified) shall be classified into following grades and each tax rate shall be applied successively:
Tax Rates
Class I
Class II
Class III
In case heirs are: Taxable Amount Descendants of the direct lineage or spouses Ascendents of the direct lineage, brothers and sisters Others than those referred to under the lefts.
\ % % %
under 20.000
10
13
15
over 20,000
12
15
17
,, 50,000
14
17
19
,, 100,000
16
19
21
,, 150,000
18
21
23
,, 200,000
21
24
26
,, 250,000
24
27
29
,, 300 000
27
30
32
,, 350,000
30
33
35
,, 400,000
33
36
38
,, 500,000
36
39
41
,, 600,000
39
42
44
,, 800,000
42
45
47
,, 1,000,000
45
48
50
,, 1,500,000
48
51
53
,, 2,000,000
51
54
56
,, 3,000,000
54
57
59
,, 4,000,000
57
60
92
,, 5,000,000
60
63
65
In case there are two or more taxpayers, the amount of tax for each of the taxpayers shall be figured out by allocating the total tax computed by applying the tax rate of the preceding paragraph to the total taxable amount in proportion of the benefits received by each in the total taxable amount before the deduction of the preceding Article;provided, however, in case there are two or more taxpayers of different classes, it shall be computed by figuring out total tax at the tax rate applicable to each taxpayer and them applying the ratio of the actual benefits he received to the total taxable amount.
In case two or more persons have received insurance money, or supplied retirement allowances, or acquired titles to regular allowances referred to under Art.4, par.1, Nos.3, 4, 6 or 7, the amount of benfits which a taxpayer referred to under the preceding paragraph received, shall be computed by dividing the amount which has not been counted in the taxable amount by virtue of Art.19, No.3 in proportion to the amount of insurance money amount of retirement allowances, or value of the title to regular allowances, which was received by said taxpayer.
The provision of the preceding paragraph shall apply in respect of the computation of amount of benefits received by each taxpayer, in case there are two or more such persons as are prescribed under Art.20 to be applied same Article.
In case existence of an heir is unknown, the amount of tax to be paid by the heir shall be computed by applying the tax rates of Class III.
If, in the case of the preceding paragraph, the heir has become known later on to be a person entitled to the application of the tax rates of Class I or II, the Government shall make adjustment and refund the tax overpaid.
Article 23. In case the decedent had paid or was obligated to pay the estate tax on the property he inherited from his predecessor within five years prior to his death, an amount in the estate tax imposed on the estate of the decedent, which is equal to the total estate tax imposed on the previous inheritance, which was paid or to have been paid by the decedent, may be exempted according to the provisions as provided for by Ordinance.
The amount of tax deductible by virtue of Art.26, shall be deemed to have been paid, for purposes of the application of the preceding paragraph.
Article 24. If, in respect to the trusteeship referred to under Art.6, par.1, Nos.1 to 3, a person designated to be the beneficiary accepted to be so or the beneficiary came into existence or conditions realized before the death of the beneficiary which accompanied inheritance, the estate tax paid or to have been paid by the beneficiary pursuant to Art.6, shall be deemed to be the estate tax paid by the beneficiary, for purposes of par.1 of the preceding Article.
Article 25. In case an estate tax is imposed on the estate located in the territory outside the territory where this Law is prevailing according to statutes prevailing in that territory, said tax shall be credited against the estate tax of this Law as prescribed by Ordinance.
Article 26. In case the gift tax has been paid or is to be paid on the donation made by the decedent within years prior to his death, the tax (excluding the tax in deficit or penalty tax to be paid pursuant to Arts.58 and 59;the same goes within this Article) shall, as prescribed by Ordinance, be credited against the estate tax to be paid by the heir.
For purposes of the preceding paragraph, said gift tax shall be added to the taxable amount of the estate on the computation of estate tax.
The amount added to the taxable amount of the estate pursuant to the preceding paragraph, shall be, for purposes of the computation of the benefits received by a taxpayer to be made pursuant to Art.22, par.2, counted in the amount of benefits received by the heir;if there are two or more heirs in this case, the amount to be added shall be divided for each heir in proportion of the value of the estate each is entitled, for the purpose of figuring out the amount to be counted in each benefits.
Section II. Gift Tax
Article 27. In case a donor has his domicile within the territory where this Law is prevailing during the period between January 1 and December 31 of the year in which donation has been made the taxable amount shall be the sum total of the properties donated by the donor from January 1 to December 31 of said year.
In case a donor has not his domicile within the territory where this Law is prevailing, the taxable amount shall be the sum total of the properties located within the enforcement area of this Law and which were donated by the donor from January 1 to December 31 of said year.
In case a donor used to have his domicile in the territory where this Law is prevailing discontinued to do so in the middle of the year, or vice versa, the taxable amount shall be the sum total of the donation made during the time be was domiciled in said territory and the property which was donated during the period he was not domiciled in said territory and which was located in the territory where this Law in prevailing.
Article 28. The value of the following donated properties shall not be included in the taxable amount:
1. The value of the property donated to the nation, prefectures, cities, towns or villages or other public bodies as prescribed by Ordinance.
2. The value of the property donated to a person during one calender year, in case the total value of which is not over \1,000 per donee.
3. The value of the property donated to a person operated aiming at religious, charitable, scholarly or other purposes of public interests as may be provided for by Ordinance, up to \5,000 (or in case the total donation is more than \5,000, up to the total of \5,000 plus 1/2 of the excess amout over \5,000 but not over \100,00.
4. The property donated, from one person to the other both of which are obligated to mutually sustain other's living, for the purpose of living or educational expenses, only under the Limit deemed ordinarily necessary.
Article 29. In respect of the gift tax, \50,000 shall be deducted from the taxable amount.
The deduction of the precedieg paragraph shall not be given in case full \50,000 has already been deducted from the taxable amount of donations made in previous years, provided, however, in case the total deductions given in previons years pursuant to said paragraph is below \50,000, the margin shall be deducted from the taxable amount in the year.
Article 30. The gift tax shall be imposed at the following rates on the sum total of the taxable amount of donations made thereof through the taxable year concerned (by taxable amount, the taxable amount after the deduction of the preceding Article shall he meant within this Section, excepting the case so specified) less the amount computed by applying the following rates to the sum total of the taxable amount of lonations made through the preceding taxable year:\ %
Under 20,000 15
Over 20,000 17
50,000 19
100,000 21
150,000 23
200,000 26
250,000 29
300,000 32
350,000 35
400,000 38
500,000 41
600,000 44
800,000 47
1,000,000 50
1,500,000 53
2,000,000 56
3,000,000 59
4,000,000 62
5,000,000 65
Article 31. In case a gift tax has been imposed on donations of property located outside the territory where this Law is prevailing, pursuant to statutes prevailing in said area, said gift tax shall be credited against the gift tax of this Law, as prescribed by Ordinance.
Article 32. In respect of donations made by the decedent within two years prior to his death the gift tax shall be exempted (excluding the gift tax prescribed under Arts.58 and 59);provided, however, this shall not hold good in respect of the taxable amount as stated in the return filed with the government pursuant to Art.39 by the time of inheritance (including taxable amount after the revision made pursuant to Art.40) and in respect of the amount of tax upon the taxable amount as corrected or determined by the government by said date pursuant to Art.45.
Chapter III. Valuation of Property
Article 33. The valuation of superficies (excluding lease as defined in the Law of Lease, the same goes hereinafter) and eternal tenant right shall be the amount which in arrived at by multiplying the value of the land in question by the following percentages respectively according to the term of time remaining as of the date of inheritance as to estate tax, or of the date of donation, as to the gift tax:
Remaining duration of right is less than ten years............................ 5%
Remaining duration of right is over ten years but less than 15 years.......... 10%
Remaining duration of right is over 25 years but less than 20 years.......... 20%
Remaining duration of right is over 20 years but less than 25 years.......... 30%
Remaining duration of right is over 25 years but less than 30 years and suporficies of which no specific duration.... 40%
Remaining duration of right is over 30 years but less than 35 years.......... 50%
Remaining duration of right is over 35 years but less than 40 years.......... 60%
Remaining duration of right is over 40 years but less than 45 years.......... 70%
Remaining duration of right is over 45 years but less than 50 years.......... 80%
Remaining duration of right is over 50 years 90%
Article 34. The valuation of the claim on annuities of which the cause for payment is in existence at the time of inheritance shall be the amount arrived at as follows:
1. Regarding the annuities of which has a definite duration, is valuation shall be the amount arrived at by multiplying the amount of annuity by the following percentages under respective category as to the remaining duration;but in no case the amount shall not he any more than twenty times the amount of annuity for one year:
Remaining duration is less than 5 years.. 80%
Remaining duration is over 5 years but less than 15 years........................ 70%
Remaining duration is over 15 years but less than 20 years.................... 60%
Remaining duration is over 25 years but less than 35 years.................... 50%
Remaining duration is over 35 years.... 40%
2. Regarding the annuity with no specific duration, its valuation shall be the amount equivalent to twenty times of the amount of annuity to be received for one year.
3. The valuation of the annuity for life shall be the amount arrived at by multiplying the amount of annuity to be received for one year by the following multipliers under the respective category according to the age of the person concerned:
In case, of the age of less than 25.. 15 times
In case of the age of over 25 but less than 40.......................... 12 times
In case of the age of over 40 but less than 50.......................... 8 times
In case of the age of over 50 but less than 60.......................... 5 times
In case of the age of over 60 but less than 70.......................... 2 times
In case of the age of over 70........ 1 time
The value of regular allowances contract referred to in Art.8, par.1 shall be computed, according to circumstances at the time when the cause for payment arose, by applying the provision of the preceding paragraph thereto.
The matters necessary for the valuation of the claim on the regular allowances other than those referred to in par.2 of which the cause for payment is in existence at the time of inheritance and for the valuation of titles to regular allowances referred to under Art.8, pars.1 and 2 shall be decided by Ordinance.
Article 35. The valuation of the claim on the life insurance of which no cause for payment is in existence af the time of inheritance shall be computed in accordance with the provisions of Ordinance taking the total amount of premiums paid up to the time of inheritance, as the basis for the computation.
Article 36. The valuation of the claim on the post a annuity contract of which the cause for payment of annuity is not in existence at the time of inheritance shall be the amount arrived at by multiplying the total amount of premiums paid up to the time of inheritance by the percentages as may be provided for by Ordinance, on the basis of the period elapsed since the first payment of premiums.
Article 37. The valuation of the estate shall be determined on the basis of the market price of the estate and the valuation of liabilities on the basis of the actual condition as of the time of inheritance, besides those prescribed under Arts.33, 34, pars.1 and 3 and the preceding two Articles.
Excepting cases referred to under Arts.33 and 34, pars.2 and 3, the donated property shall be appraised at the market price at the time of donation.
Chapter IV. Filing and Payment
Article 38. The taxpayer shall submit a return to the Government filling therein taxable amount and other relevant matters within four months after the inheritance as prescribed by Ordinance.
In the case of the preceding paragraph when there are more than one tax payer, the return referred to shall be submitted with joint signature. But each taxpayer may submit a separate return respectively with the name of other taxpayer on it.
For a person who is in difficulty to file the return of par.1 by the time limit, the Government may put off the filing date, as prescribed by Ordinance.
Article 39. A person liable to pay the gift tax shall submit, as prescribed by Ordinance, with the Government a return stating therein taxable amount and other matters by January 31 of the year ensueing to the year in which the donation has been made.
The provisions of par.3 of the preceding Article shall apply to the case of the preceding paragraph.
For the filing of the return referred to under par.1 by a donor who discontinues to have his domicile and residence in the territory where this Law is prevailing in the middle of the year in which the donation was made, special provisions may be provided for by Ordinance.
Article 40. The person who submitted a return according to the provisions of the preceding two Articles shall report to the Government and revise the return accordingly, in case he finds any omission in the assessment of taxable amount reported on the return after the filing date.
The provision of the preceding paragraph shal apply to the case where the revision in assessment is necessary due to the discovery of an omission in the assessment after the assessment or correction by the Government has been made according to the provisions of Article 45.
Article 41. The estate tax or the gift tax imposed on the assessment reported on the return submitted according to the provisions of Art.38 or 39 shall be paid by the filing date of Art.38 or 39.
In case the return is submitted after the filing date of Art.38 or 39 according to the provision of Art.38 or Art.39, the estate tax or the gift tax on the reported taxable amount shall be paid on the same day as said return is submitted.
In case of the revision of a return pursuant to par.1 of the same Article or the revision of taxable amount pursuant to par.2 of the same Article has been made, the estate tax or gift tax arising out of the revision shall be paid on the same day as the said revision is made.
In case the taxpayer has failed to complete the payment of the estate tax or gift tax pursuant to the preceding three paragraphs, the Government shall urge the payment according to the provision of Article 9 of the National Tax Collection Law.
Article 42. The trustee of a trusteeship who is subject to the application of Art.6, par.1, No.4, shall be liable to pay the estate tax within the extent of the value of the trust property as of the date of inheritance.
Article 43. In case there are two or more taxpayers of the estate tax, each is jointly liable to pay the tax with the other, within the extent of the benefits each received.
Article 44. The donee shall be jointly liable with the donor to pay the gift tax to be paid by the donee, to the extent of benefits received by the donee.
Chapter V. Correction and Determination of Taxable Amount
Article 45. In case the assessment reported pursuant to Art.38 or Art.39 or revised pursuant to Art.40 disagrees with the assessment made by the Government upon its investigation, the Government shall correct the assessment according to its assessment.
In case the Government finds that the person who is deemed to be a taxpayer has failed to file the return as requested under Arts.38 and 39 the Government shall determine his taxable amount on the basis of its own investigation.
In case a taxpayer discontinues to have domicile and residence in the territory where this Law is prevailing without filing the return of Art.38 or 39 and without reporting to the Government of a tax-payment agent prescribed under Art.65, the Government may, before the filing date of Art.38 or 39, determine his taxable amount on its own investigatian, as may by provided for by Ordinance.
In case the Government has discovered an omission in the taxable amount as corrected or determined according to the provisions of the preceding three paragraphs, it may correct the assessment according to its investigation.
Article 46. The Government shall notify the taxpayer upon making the correction or determination of assessment as referred to in the preceding Article.
In case a person having no domicile and residence in the territory where this Law is prevailing has failed to report of a tax-payment agent referred to under Art.65, the Government may give a public notice instead of notifying him personally and upon the expiration of seven-day period after the publicity, the notice shall be regarded as having fully performed its aim.
Article 47. In case the return is corrected or assessment is determined according to the provision of Art.45, the Government shall collect an additional tax (the amount of tax which is short or the amount of tax as corrected or the amount of tax determined, hereinafter meaning likewise) within one month after the date of notification referred to in the par.1 of the preceding Article is issued. But in the case where a taxpayer discontinues to have domicile and residence in the territory where this Law is prevailing without reporting of his tax-payment agent referred to under Art.65, the additional tax shall be collected at once.
Chapter VI. Re-Investigation, Petition and Lawsuit
Article 48. In case a taxpayer who has been notified, in accordance with Art.46, of the Government decision on the corrected or determined taxable amount or, in accordance with Art.60, of the Government decision on the tax amount has an objection to the decision, he may request a reinvestigation to the Government stating reasons of his dissatisfaction, not later than a month since the notification is received.
The Government will not postpone the collection of the tax even if the request by virtue of the preceding paragraph is made;provided, however, in case the Government deems there were unavoidable reasons, it may postpone the collection of the tax.
Article 49. In case the request referred to under par.1 of the preceding Article has been filed, the Government shall settle the request and notify the settlement to the taxpayer.
Article 50. A person who has an objection to the settlement of par.1 of the preceding Article may make a petition to the Government or appeal to the Court.
A petition or lawsuit to be filed against the correction or determination made by the Government pursuant to Art.45 or against a penalty tax collected by the Government pursuant to Art.59 may be filed only after the re-investigation and determination thereon is made by the Government.
Chapter VII. Deferred Payment and Payment in Kind
Article 51. In case the amount of the estate tax to be paid proves less than 10,000 yen and there are good reasons which make the payment in cash at a time difficult, a taxpayer may, as prescribed by Ordinance, request on presenting proper mortgages, the deferred payment in instalment for a periol not exceeding five years only to the extent of the amount of tax of which the payment is difficult.
The provision of the preceding paragraph shall apply in respect to a person who is jointly liable to pay the estate tax.
Article 52. A taxpayer of the estate tax may request the payment in kind in respect to the amount of the tax which is difficult to be paid in cash.
The provision of the preceding paragraph shall apply in respect to a person who is jointly liable to pay the estate tax.
Kinds of property acceptable as the payment and other matters necessary for the payment in kind shall be provided for by Ordinance.
Article 53. The Government, on receiving the request to pay the estate tax in instalment or in kind made pursuant to the preceding two paragraphs, may, if it deems necessary, postpone the collection of the tax concerned.
Article 54. In case an ownerpayment is found in the estate tax which has been paid pursuant to Art.52, par.1 or 2, refundment shall be made pursuant to the provisions as prescribed by Ordinance.
Chapter VIII. Miscellaneous Provisions
Article 55. In case a taxpayer is deemed to have badly lost his ability to pay because of calamities and therefore scarecely able to pay the tax, the Government may, as prescribed by Ordinance, abate or exempt his estate tax or gift tax.
The Government may defer the collection of the tax pending the final determination on the abatement or exemption of the preceding paragraph.
Article 56. A person, if he so desires, may request to the Government the inspection of returns filed by taxpayers or documents of the correction, determination or revision of the taxable amount as prescribed by Ordinance.
Article 57. In case an information given to the Government of the fact that a person deemed liable to pay the tax failed to file the return or of the suspect of an omission in the taxable amount, has led the Government to the determination or correction of the taxable amount, the Government may, as prescribed by Ordinance, give the informer an amount not exceeding 10% of the tax recovered by the determination or correction of the taxable amount as a reward, provided, the maximum of the reward shall not exceed 100,000 yen.
The provision of the preceding paragraph shall not apply in case the informer happens to be a Government official or a person receiving similar treatment;the same shall hold good in case the information has originated from the knowledge acquired by a Government official or a person receiving similar treatment or from the knowledge acquired by an official of public bodies (excluding Government officials or person receiving similar treatment) on business, or from the fact collected by illegal behaviour.
Article 58. As to the estate tax to be paid pursuant to Art.41, par.2 or par.3, a taxpayer shall, as prescribed by Ordinance, pay a penalty tax in addition to the tax concerned, which is computed, according to the term of time prescribed by Ordinance, by multiplying the tax in delinquency at the rate of 3 sen per 100 yen per diem.
The provision of Art.41, par.4 shall apply in the case of the preceding paragraph.
The provision of par.1 shall apply in respect to cases where the Government collects the tax in deficit pursuant to Art.47 or the estate tax equal to the amount of tax in delay pursuant to Art.51.
Article 59. Excepting cases where there were good reasons for the failures to file a return by the filing date referred to under Art.38 or Art.39 or for the fact that there is any omission in the taxable amount as returned previously or revised in case the return has been revised pursuant to Art.40, par.1 or that the taxable amount returned or revised by the taxpayer disagrees with the same investigated by the Government, the Government, when the estate tax or the gift tax referred to under Art.41, par.2 or par.3 has been paid, or the estate tax or the gift tax equal to the tax in deficit referred to under Art.47 is to be collected, shall, as prescribed by Ordinance, collect according to the term of time prescribed by Ordinance, a penalty tax in the form of the estate tax or gift tax, which is to be computed by multiplying the tax concerned at the rate of 5% for each month lapsed;provided, however, the maximum thereof shall be 50% of the tax amount concerned.
The provisions of Art.51 and Art.52 shall not apply in respect to a penalty tax to be collected pursuant to the provision of the preceding paragraph.
Article 60. The Government when determined the penalty tax to be collected pursuant to par.1 of the preceding Article, shall notify the same to the taxpayer.
The provisions of Art.46, par.2 shall apply to the case of the preceding paragraph.
Article 61. In case a new heir comes in to replace the present one on account of the Court decision to eliminate the present heir or the decision to cancel the previous decision on the elimination, the return of the taxable amount (including the revision thereof hereinafter same in this Article) filed by the old heir before the Court decision or the correction or determination made by the Government, before the Court decision, for the old heir, shall be deemed the return filed by the new heir or correction or determination made by the Government for the new heir. Also, the estate tax paid by the old heir shall be deemed to have been paid by the new heir.
The new heir of the preceding paragraph may apply for the reinvestigation to the Government pursuant to Art.48 in case he has an objection to the taxable amount filed by the old heir or to the correction or determination of the taxable amount made by the Government for the old heir;provided, the objection shall be filed within two months after the final Court decision.
The preceding two paragraph shall apply to the case where a heir was replaced by another heir because of the waiver of right to succession.
In case the Court decision on the elimination of an heir or the waiver of right by an heir has resulted in the increase in benefits other heirs are entitled to, the estate tax paid by the heir who was eliminated or who has waived his right shall be deemed to have been paid by other heirs who become entitled to the increment in benefits.
In case the Court decision to cancel its previous decision for the elimination of an heir has resulted in the decrease in benefits other heirs are entitled to the estate tax paid by heirs whose shares decreased shall be deemed to have been paid by the new heir whose heirdom has been confirmed by the Court.
Article 62. In case the titled to the principal of, or returns from the trust property referred to under Art.6, par.1, Nos.1-3 have become to belong to the trustor on account of the fact that a person designated to be the beneficiary refused to be so, or the non-existence of the beneficiary was finally confirmed or the fulfillment of the conditions proved impossible, the trusteeship shall be deemed non-existent retroactively.
Matters necessary for the application of the preceding paragraph shall be provided for the Ordinance.
Article 63. In case the existence of an heir is uncertain or an heir does not have a power over the disposition of the estate, the provisions in this law aimed at the heir shall apply to a custodian of the estate or an executor of will, in this case, the return of Art.38, par.1 shall be filed within 4 months after the appointment of the custodian or the executor.
Article 64. The place of payment of the estate tax shall be the place where the inheritance has occurred;provided, however, in case the inheritance occurs outside the territory where this law is prevailing, the location of the estate (in case there are two or more locations, the location of the main estate) shall be the place of payment.
The place of payment of the gift tax shall be the place of domicile of the donor if it locates within the territory where this Law is prevailing (or, in case there is no domicile in said territory, the residence of the donor in said territory).
In case a donor does not have domicile and residence in the territory where this Law is prevailing, the place of payment of the gift tax shall be the place of payment so applied by the donor;in case of no application, the Government shall appoint the place.
Article 65. A taxpayer, who does not have domicile and residence in the territory where this Law is prevailing shall appoint a taxpayment agent who, living at the place of payment takes charge of the filling of returns on the estate or gift tax and every other necessary matters of the estate or gift tax on behalf of him, and inform the Government of the appointment;the same shall hold good in case a taxpayer comes to discontinue to have his domicile and residence in the territory where this Law is prevailing.
Article 66. The heir shall, within three months after the inheritance, shall, as prescribed by Ordinance, inform to the recipients of donations made by the decedent within two years prior his death, of the name of the heir, the date of inheritance, the place of inheritance and other matters so that the recipient may be able to file their returns pursuant to Art.38.
Article 67. In case headmen of cities, towns or villages, or other persons as may be provided for by Ordinance, have received the notice on death or disappearance, they shall report the same to the Government.
Article 68. A person who has paid a life insurance money in the territory where this Law is prevailing shall, as prescribed by Ordinance, submit the payment-statement to the Government.
A juridical person who has paid retirement allowances, which should have been paid to the decedent, to the heir or other persons on account of his death, shall, as prescribed by Ordinance, submit the payment-statement to the Government.
A person who has accepted a trust contract of which the trustor is not the beneficiary, shall, as prescribed by Ordinance, submit a statement on trust to the Government.
Article 69. Taxation officials may, when necessary for the purpose of investigation or collection of the estate tax, examine persons enumerated below or inspect property or books, papers or other things relating thereto which belong to persons referred to under No.1 below:
1. Persons liable or deemed liable to pay the tax.
2. Persons who are liable to submit statements in accordance with the preceding Article.
3. Persons who have or deemed to have an amount due from or due to persons liable or deemed liable to pay the tax.
4. Juridical persons of which persons who are or deemed to be liable to pay the tax are or deemed to have been partners.
5. Persons who are deemed to have transferred or to be obliged to transfer the property to persons who are or deemed to be liable to pay the tax.
6. Persons who are deemed to have acquired or to be entitled to acquire the property from persons who are or deemed to be liable to pay the tax.
7. Persons who are deemed to be taking or to have taken charge of the property of persons who are liable or deemed liable to pay the tax.
8. Organizations of which persons liable or deemed liable to pay the tax are or were members in connection with their businesses.
Taxation officials, may, when necessary for the purpose of investigation of the gift tax, examine persons enumerated below or inspect property or books, papers or other things relating thereto, which belong to persons referred to under No.1 or 2 below:
1. Persons liable or deemed liable to pay the tax.
2. Persons who have or deemed to have received donations from persons liable or deemed liable to pay the tax.
3. Persons liable to submit statements of the preceding Article.
4. Persons who are deemed to be taking or to have taken charge of the property donated or deemed to have been donated.
Article 70. Prefectures, cities, towns, villages and other public bodies shall not impose the surtax to the estate and gift taxes.
Chapter IX. Penalties
Article 71. A person who has evaded the estate or gift tax by an act of fraud or other unjust means shall be imprisoned not exceeding 1 year or fined or forfeit not exceeding three times of the tax evaded.
The violator of par.1 may according to circumstances, be inflicted both imprisonment and fine.
In the case of par.1, the Government shall determine the taxable amount and collect the tax at once.
Article 72. A person who comes under any of the following numbers shall be imprisoned not exceeding one year or fined not exceeding 10,000 yen:
1. A person who has failed to submit the statement referred to under Art.68 or submitted the statement stating falsehood therein.
2. A person who has refused, disturbed, or evaded the inspection of property, books or papers relating thereto or other things, which was conducted in accordance with Art.69.
3. A person who has presented the documents of the preceding number stating falsehood therein.
4. A person who has failed to answer the examination made by taxation officials in conformity with Art.69.
5. A person who answered falsehood to the examination of the preceding number.
Article 73. In case a person who is or was engaged in investigation or re-investigation of the estate or gift tax has divulged or abused secrets as aquired relating to the investigation or re-investigation, he shall be imprisoned not exceeding two years or fined not exceeding 20,000 yen.
Article 74. In case a representative of a juridical person, a deputy, employee or member of a juridical person or of an individual has committed, in connection with businesses of assets of the juridical person or individual a violation as referred to under Art.71 par.1 or Art.72, the person who actually committed shall be punished as well as the juridical person or the individual shall be fined in accordance with the provisions of the Articles concerned.
Article 75. A person who, regarding the estate or gift tax of other persons, has given to the Government a false information on the matters referred to under Art.57 shall be imprisoned not exceeding three years or fined not exceeding 10,000 yen.
Article 76. In respect to a person who has committed the violation as prescribed under par.1 of Art.71, the proviso of par.3 of Art.38, par.2 of Art.39, Arts.40&41, par.2 of Art.48 and Arts.63&66 of the Penal Code shall not apply;provided, however, that this shall not hold good in respect of the case where imprisonment is to be imposed.
Supplementary Provisions:
Article 1. Tne present Law shall come into force as from the day of enforcement of the Constitution of Japan.
Article 2. The present Law shall be enforced in Honshu, Hokkaido, Shikoku, Kyushu and their adjacent islands (excepting areas as may be provided for by cabinet order).
Article 3. With regard to the estate tax imposable upon the inheritance occured before the enforcement of the present Law, the old Law shall still prevail, provided, however, in respect to matters enumerated under each of the following numbers, the provisions provided for under each member concerned shall be followed:
1. In case the Government makes after the enforcement of the present Law the determination or disposition pursuant to Art.15 or Art.17-II of the old Law, the consultation with the inheritance tax investigation committee can be dispensed with.
2. If a person is to appeal by virtue of the provision of Art.16 of the old Law after the enforcement of the present Law, be shall appeal to the Court.
In case a trustor gave to other person a title to the benefits of trust prior to the enforcement of the present Law and the beneficiary of the principal of or returns from the trust concerned begins to receive the benefits after the enforcement of the present Law, the inheritance referred to under Art.23 of the old Law shall be deemed to have occurred at the time when the trust was contracted.
Article 4. With regard to the estate tax imposed or to be imposed pursuant to Art.23 of the old law on the properties donated by the decedent within two years prior to the occurrence of the inheritance which occurred after the enforcement of the present law, the amount of the tax concerned shall, as provided for by Ordinance, be deducted from the estate tax to be paid by the donee under this Law.
Article 5. With regard to the gift tax of 1947, the taxable amount as prescribed in Art.27 shall be computed on the basis of the value of properties donated from the enforcement date of the present Law to December 31, 1947.
Article 6. The Registration Tax Law shall be partly revised as follows:
Art.2, No.2 shall be amended as follows:
2. The acquisition of ownership due to will, donation, or other gratuitous acts.
2.5% of the value of the real estate. 
In Art.3, No.2. "5.5%" shall be amended as "2%."
Art.3-2 With regard to the registration of the acquisition of ownership to be made at the time when real estates or vessels kept in trust are transferred from the trustee to the beneficiary the registration tax shall be paid in accordance with the following classification:
Real estates The value of real estates: 2.5%
Vessels The value of vessels: 2%
Article 7. The Special Taxation Measures Law shall be partly amended as follows:
In Art.3, "Art.17-2" shall read "Art.52" and "real estates or growing trees" shall be amended as "real estates, growing trees or other assets as prescribed by Ordinance" and "income from forests" as "forestry income."
In Art.6, par.1 "the same shall hereinafter hold good," shall be revised as "the same shall bereinafter hold good excepting in the case as specially provided for."
In Art.7, par.1 "in estates" shall be amended as "in estates (hereinafter, including in this Article, the properties donated by the decedent within 2 years prior to time of inheritance which occurred after May 3, 1947)."