I hereby promulgate the Law concerning the Revision of Law No.39, 1939, concerning Reduction, Exemption and Postponement of Collection of Taxes for Sufferers from Calamities.
Signed:HIROHITO, Seal of the Emperor
This thirteenth day of the twelfth month of the twenty-second year of Showa (December 13, 1947)
Prime Minister KATAYAMA Tetsu
Article 1. The present Law shall, excepting cases as otherwise provided for by other Laws, cover the abatement and exemption of national taxes to be paid by sufferers from earthquake, windstorm, flood, lightning, fire and other similar acts of God (these shall hereinafter be referred to as calamities), special rules applicable to the assessment of taxable standard of, and the filing of returns concerning the tax (including applications for reinvestigation) by the sufferers, and the deferred collection of taxes thereof.
Article 2. In respect to a person whose house or household property is heavily damaged because of the calamities and whose income for the taxable year on which he is suffererd from the calamities is not exceeding 80,000 yen, an amount in his income tax for the taxable year concerned (excluding an amount of tax as added by virtue of Art.57, Par.1 of the Income Tax Law) shall, as designated by Order, be abated or exempted as the following:
(A) On case his income does not exceed 25,000 yen: All the amount of income tax due.
(B) In case his income does not exceed 50,000 yen: 50% of the amouut of income tax dne.
(C) In case his income exceeds 50,000 yen: 20% of the amount of income tax due.
In respect to members of such co-living families as are referred to under Art.8 of the Income Tax Law, income of each member shall be added together for purposes of the computation of the income referred to under the preceding paragraph.
Article 3. In respect to an inherited property as inherited on or before May 2, 1947 (including for purposes of the present Article and Article 6 the property donated by the predecessor within one year prior to the time when inheritance took place) on which heavy damage was caused by the calamities after the assessment of the inheritance tax, the inheritance tax payable after the damage shall, according to what may be decided by Order, be abated by the amount of the tax due on the damaged part in the inherited property.
Article 4. In respect to an inherited property as inherited on or after May 3, 1947, which was heavily damaged by the calamities after the filing date of return as prescribed under Art.30 of the Estate Tax Law, the estate tax payable after the damage (excluding the amount of tax to be added by virtue of Art.59, Par.1 of the EstateTax Law) shall, in accordance with what may be determined by Order, be abated by the amount of the tax due on the damaged part in the inherited property.
Article 5. In respect to a person whose asset which used to be main source of his income or which used to be employed for purposes of his business is heavily damaged because of the calamities, the value of the damage shall be deemed, in accordance with what may be determined by Order, the necessary expenses as prescribed under the Income Tax Law for purposes of the computation of his income tax for the year on which he is suffered from the calamities.
Article 6. In assessing the inheritance tax on an inherited property as inherited on or before May 2, 1947, of which heavy damage was caused by the calamities before the assessment of the tax, the value of the damage shall be deducted, for purposes of the assessment of the inheritance tax, from the value of the inherited property in accordance with what may be determined by Order.
Article 7. In assessing the estate tax on an inheritedn property as inherited on or after May 3, 1947, of which heavy damage was caused by the calamities before the filing date of return as prescribed under Art.38 of the Estate Tax Law, the value of the damage shall be deducted, for purposes of the assessment of the estate tax, from the value of the inherited property, in accordance with what may be determined by Order.
Article 8. In respect to the income tax, corporation tax, special corporation tax, inheritance tax, liquor tax, soft drinks tax, commodity tax and the admission tax which are to be paid by persons who have sustained damage by the calamities, the return and application regarding the taxes to be filed within one month after the date of the damage may be filed within two months after the date on which the calamities have become inactive.
Article 9. The Government may postpone the collection of the income tax, increased income tax, corporation tax, special corporation tax, inheritance tax, liquor tax, soft drinks tax, commodity tax, and the admission tax for not exceeding one year from the time-limit for payment, in accordance with what may be determined by Order.
Article 10. A person who desires to be favoured of the application of Arts.2 to 7 and Art.9 shall make such request to the Government in accordance with what may be determined by Order.
Supplementary Provisions:
The present Law shall apply as from July 22, 1947.
In respect to sufferers from calamities which took place between July 22, 1947 and the promulgation date of the present Law, "within two months after the date on which the calamities have become inactive" as referred to under Art.8 shall read "within one month after the promulgation date of the present Law" for purposes of the application of Art.8.
In respect to the calamities which took place on or before July 21, 1947, the old Law shall still prevail.