Residential Land Rental Value Temporary Revision Law
法令番号: 法律第85号
公布年月日: 昭和24年5月19日
法令の形式: 法律
I hereby promulgate the Residential Land Rental Value Temporary Revision Law.
Signed:HIROHITO, Seal of the Emperor
This nineteenth day of the fifth month of the twenty-fourth year of Showa (May 19, 1949)
Prime Minister YOSHIDA Shigeru
Law No.85
Residential Land Rental Value Temporary Revision Law
(Object)
Article 1. The object of the present Law shall, in view of the fact that rental value as a taxable standard of the land tax is remarkably unbalanced as to the residential land on account of the change of the economic circumstances, etc., be to revise temporarily the rental value of the residential land, and to determine the time of enforcement, basis, method and other necessary matter apart from the general revision of the rental value of land, in order to make the burden of tax fair.
(Enforcement and Time of Revision)
Article 2. The Government shall, notwithstanding the provisions of the Land Ledger Law (Law No.30, 1947), revise temporarily the rental value of the residential land registered in the land ledger (hereinafter to be called "ledger rental value" ), on Oct.1, 1949, which is remarkably unbalanced in the light of the condition of land as of the date of Apr.1, 1949, as may be prescribed by the present Law.
2 The residential land as referred to under the preceding paragraph shall be the land registered in the land ledger as the residential land on Apr.1, 1949.
(Basic District and Basic District Investigation Committee)
Article 3. The Government shall, in order to make a basis upon which the revision of the rental value is made according to Par.1 of the preceding Article, determine the basic district among the whole or a part of the districts within the city, ward, town and village where it is deemed unnecessary to revise the rental value, as may be prescribed by the Cabinet Order.
2 In order to select the basic district and to inquire the matters concerning the basic district of the preceding paragraph, Basic District Investigation Committee shall be established in the Ministry of Finance.
3 The Basic District Investigation Committee shall be composed of a chairman and members not exceeding 15 persons who are appointed by the Minister of Finance from among personnel of the local public body and men of learning and experience.
4 The post of the Chairman shall be taken up by the Vice-Minister of Finance.
5 The Chairman shall preside over the business of the committee.
6 In case of absence of the Chairman, a person who was nominated by the Chairman before hand, shall act in his place.
7 Besides the matters as prescribed by the preceding five paragraphs, necessary matters concerning the Basic District Investigation Committee shall be prescribed by Cabinet Order.
(Computation of the Revised Rental Value)
Article 4. The ledger rental value (hereinafter to be called "revised rental value" ) to be revised pursuant to the provisions of Art.2, Par.1 shall, taking the district as a unit where the effect caused by the change of economic circumstances, etc. since the time when the present ledger rental value was determined is deemed similar as of Apr.1, 1949, and selecting the standard residential land (hereinafter to be colled "standard land" ) in the district, be computed by multiplying the ledger rental value of the residential land in the district concerned by the ratic of the ledger rental value of residential land similar to the condition of the standard land concerned in the basic district to the ledger rental value of the standard land concerned.
2 If, in case of the preceding paragraph, within the basic district there is no residential land similar to the condition of the standard land, the revised rental value shall be computed by multiplying the ledger rental value of residential land in the district of the said paragraph by the ratio as determined by each of following items;
(1) The ratio of the revised rental value of the standard land concerned to be determined on the basis of the ledger rental value of the residential land comparatively similar to the standard land within the basic district to the previous ledger rental value;
(2) In case the determination pursuant to the preceding item is difficult, the ratio of the revised rental value of the residential land which could be determined similar to the standard land within the district other than the basic district to the ledger rental value of the standard land concerned;
(3) In case the computation as referred to under the preceding two items is difficult, the ratio of the revised rental value of the standard land concerned determined on the basis of the revised rental value of the residential land, which could be determined, comparatively similar to the condition of the standard land concerned within the district other than the basic district, to the previous ledger rental value.
3 In the case of the computation of the ratio as referred to under the preceding two paragraphs, if the standard land or the residential land to be compared with the standard land has the term of abatement and exemption due to the arable land adjustment (including the land to be deemed to have the term of abatement and exemption due to arable land adjustment pursuant to Art.14, Par.1 of the Supplementary Provisions of the Law concerning the Partial Amendments to the Special Corporation Tax Law (Law No.29 of 1947), hereinafter the same, the ledger rental value (if comes under the provisions of Par.4, the amount deemed to be ledger rental value pursuant to the said paragraph) of the residential land concerned divided by the ratio as referred to under Art.13-(3), Par.2 of the Arable Land Adjustment Law (Law No.30 of 1909) or Art.8 of the Supplementary Provisions of Law No.29 of 1931 (Law concerning the Partial Amendments to the Arable Land Adjustment Law) shall be deemed to be the ledger rental value of the residential land concerned.
4 In the case of the computation of the ratio as referred to under Par.1 or 2, if the standard land or the residential land to be compared with the standard land has the favour as referred to under Art.14, Par.3 of the Supplementary Provisions of the Law concerning the Partial Amendments to the Special Corporation Tax Law (hereinafter to be called "favour" ), the ledger rental value (value as determined by the Cabinet Order in case the residential land has not ledger rental value) of the residential land concerned plus the amount of favour shall be deemed to be the ledger rental value of the residential land concerned.
5 In the case of the computation of the ratio as referred to under Par.1 or Par.2, if the standard land or the residential land to be compared with the standard land is in the operation of the arable land adjustment the amount to be determined, as to the residential land concerned, according to Art.17 of the Land Ledger Law shall be deemed as the ledger rental value of the residential land concerned.
6 In the case of the computation of the ratio as referred to under Par.1 or Par.2, if the standard land or the residential land to be compared with the standard land is the residential land whose adjustment of town lots was operated and the rental value thereof was allocated for the term from Jan.1, 1938, to Apr.1, 1949, the amount to be determined, as to the residential land concerned, according to Art.17 of the Land Ledger Law shall be deemed to be the ledger rental value of the residential land concerned as may be prescribed by Cabinet Order.
Article 5. In respect to the residential land within the district where it is not adequate to compute the revised rental value uniformly by the fixed ratio as referred to under Par.1 or 2 of the preceding Article, the revised rental value of the standard land within the district concerned shall first be computed by multiplying the ledger rental value thereof by the fixed ratio as referred to under these paragraphs and then the revised rental value of each lot within the district concerned shall be determined on the basis of the revised rental value mentioned above.
2 In case the standard land of the preceding paragraph is the residential land coming under any of Pars.3 to 6 inclusive of the preceding Article, the provisions of the preceding paragraph shall, deeming the amount which is regarded as the ledger rental value pursuant to these paragraphs to be the ledger rental value of the standard land concerned, apply to the ledger rental value thereof.
3 In case the revised rental value of the residential land within the district concerned is determined according to the provisions of Par.1, if the residential land concerned has the term of abatement and exemption due to the arable land adjustment, the revised rental value of the residential land concerned shall, notwithstanding the provision of the said paragraph, be the amount computed by multiplying the amount to be determined pursuant to the same paragraph by the ratio as referred to under Art.13-3, Par.2 of the Arable Land Adjustment Law or Art.8 of Supplementary Provisions of Law No.29 of 1931.
4 In case the revised rental value is determined according to Par.1, if the residential land concerned has the favour, the revised rental value of the residential land concerned shall, not withstanding the provisions of the said paragraph, be the amount to be determined by the provisions of the same paragraph minus the amount equal to the revised favour as referred to Art.15, Par.2.
Article 6. In case the Government determines the district as referred to under Art.4, Par.1 or preceding Article Par.1 according to the provisions of Art.7, Par.1, if within the said district there is a residential land under arable land adjustment, in respect to the said residential land, the said district shall be determined on the basis of the circumstances of the said residential land at the beginning of the arable land adjustment rather than circumstances on Apr.1, 1949.
2 In the case of determining the revised rental value pursuant to the provisions of Art.4, if the standard land or the residential land to be compared with the standard land is under arable laud adjustment, or in the case of determining the revised rental value pursuant to the provisions of the preceding Article, if there is a residential land under arable land adjustment, the fixes ratio as prescribed by Art.4, Par.1 or 2 or the revised rental value as prescribed by the preceding Article in respect to the residential land concerned, shall be determined on the basis of the circumstances of the said residential land at the beginning of the arable land aljustment rather than circumstances on Apr.1, 1949.
(Regional Residential Land Rental Value Investigation Committee and Residential Land Rental Value Investigation Committee)
Article 7. The district as referred to under Art.4, Par.1, standard land within the said district, residential land to be compared with the standard land and fixed ratio as prescribed by Pars.1 and 2 of the said Article, in case of determining the revised rental value according to the provisions of Art.4, as well as district as referred to under Art.5, Par.1, standard land within the said district, the residential land to be compared with the standard land and the revised rental value of the standard land, in case of determining the revised rental value according to the provisions of the said Article, shall be determined by the Government taking consultation with the Regional Residential Land Rental Value Investigation Committee.
2 The revised rental value of the residential land other than the standard land to be determined pursuant to the provisions of Art.5, shall be determined by the Government taking consultation with the Residential Land Rental Value Investigation Committee.
3 The Regional Residential Land Rental Value Investigation Committee shall be established in each Regional Financial Bureau corresponding to the number of basic districts and determining each district under charge, and the Residential Land Rental Value Investigation Committee shall be established in the taxation offices having jurisdiction over the district as referred to under Art.5, Par.1.
4 The Regional Residential Land Rental Value Investigation Committee shall be composed of a chairman and members not exceeding 7 persons who are appointed by the chief of the Regional Financial Bureau from among personnel of local public body within the jurisdiction district of the investigation Committee concerned and men of learning and experience.
5 The Residential Land Rental Value Investigation Committee shall be composed of a chairman and members not exceeding 5 persons who are appointed by the chief of taxation office from among personnel of local public body within the jurisdiction area of the taxation office concerned, and men of learning and experience.
6 The position of the Chairman shall be taken up, in case of the Regional Residential Land Rental Value Investigation Committee, by the chief of the Regional Financial Bureau, and in case of the Residential Land Rental Value Investigation Committee, by the Chief of Taxation Office.
7 The Chairman shall preside over the business of committee.
8 In case of the absence of the Chairman, a parson who was appointed by the Chairman shall act in his place.
9 Besides the matters as prescribed by each of the preceding items, necessary matters concerning the Regional Residential Land Rental Value Committee and the Residential Land Rental Value Committee small be prescribed by Cabinet Order.
(Views of the Governor of "To, Do, Fu and Ken" )
Article 8. The governor of "To, Do, Fu and Ken" may, in respect of the revision of ledger rental value of the residential land in "To, Do, Fu and Ken" concerned, express the view to the Government as may be prescribed by Cabinet Order.
(Public Inspection of the Revised Rental Value)
Article 9. The Government shall, on determining the revised rental value pursuant to the provisions of Art.2, Par.1, notify the said revised rental value to the headmen of cities, wards, towns or villages.
2 In case the headmen of cities, wards, towns or villages has received the notification of the preceding paragraph, he shall make it open to persons concerned for 20 days.
3 The term of public inspection of the preceding paragraph shall be notified publicly beforehand.
(Request of the Reinvestigation)
Article 10. A person who has an objection in respect to the revised rental value of the residential land owned by him which was determined by virtue of the provisions from Art.4 to Art.6 inclusive may request reinvestigation to the Government stating the reason for his dissatisfaction within a month from the date on which the term of public inspection of Par.2 of the preceding Article has expired, as may be prescribed by Cabinet Order.
2 In respect to lands which are the objects of the right of pledges or of saperficies lasting longer than one hundred years, the pledgee or superficiary nay also request the reinvestigation as referred to under the preceding paragraph.
(Determination of the Reinvestigation)
Article 11. In case a request as referred to under the receding Article is made, the Government shall determine the objection and notify it to requester.
2 In case the determination as referred to under the preceding paragraph is made, the determination concerned shall not, even though the revised rental value in request was determined by virtue of the provisions of Art.4, affect the revised rental value of the other residential land within the district as prescribed by Art.4, Par.1.
(Petition or Law Suits)
Article 12. A person who has an objection to the determination of Par.1 of the preceding Article may make a petition or make appeal, notwithstanding the provisions of Art.2 of the Law concerning the Special Instances of the Suit of the Administration Case (Law No.81 of 1948), to the court.
(Inspection and Examination)
Article 13. The competent official may, in case of need for the investigation regarding the revision of the ledger rental value, inspect the land or examine the owner, pledgee or other participant of the residential land.
2 In case of the preceding paragraph, the competent official shall take with him a pocketwarrant to show his position and shall present it in case the participant asks for it.
(Amendments to Ledger Rental Value of Changed Land in status)
Article 14. The Government shall revise the rental value of the land which becomes a residential land newly on account of the change of land in status for the term from Apr.2, 1949 to Sept.30, 1949, and of which rental value is determined or revised, on the basis of the revised rental value as determined by the provisions of Art.2, Par.1.
2 In regard to the residential land which is devided or fused for the term from Apr.2, 1949 to Sep.30, 1949, the Government shall allocate or total the revised rental value as determined by the provisions of Art.2, Par.1 according to the provisions of Art.30 of the Land Ledger Law as to the residential land before the devision or fusion of lots.
3 In regard to the residential land, of which rental value is determined for the term from Apr.2, 1949 to Sep.30, 1949 in accordance with the provisions of Art.13, Par.2 of the Arable Land Adjustment Law, within the enforcement area of the adjustment of arable land, the Government shall revise the ledger rental value of the residential land concerned according to the amount multiplying the value determined on the basis of the revised rental value as determined by the provisions of Art.2, Par.1, by the ratio as prescribed by Art.13-(3), Par.2 of the same Law.
4 In respect of the residential land of which rental value as referred to under Art.15, Par.1 of the Arable Land Adjustment Law is registered in accordance with the provisions of Art.15-(3) of the same Law for the term from Apr.2, 1949 to Sep.30, 1949, the Government shall revise the ledger rental value of the residential land concerned on the basis of the revised rental value as prescribed by the provisions of Art.2, Par.1 and according to the condition of the residential land concerned in those days when the arable land adjustment was begun.
(Revision of Favour)
Article 15. In case the revised rental value is determined in accordance with the provisions of Art.4, if there is a land with favours, the Government shall revise the favour concerned by multiplying the favour by a fixed ratio as prescribed by Art.4, Par.1 or Par.2.
2 In case the revised rental value is determined in accordance with the provisions of Art.5, if there is a land with favours, the dividend concerned shall be revised by multiplying the dividend concerned by the ratio of the revised rental value to the ledger rental value of the residential land concerned (ratio as prescribed by Cabinet Order, in case the residential land concerned has not ledger rental value).
(Revision of the Established Rental Value of the Residential Land in the Adjustment of the Arable Land, etc.)
Article 16. In respect of the residential land coming under the provisions of Art.14-(2), Par.1 of the Arable Land Adjustment Law, in case there is rental value established in accordance with the provisions of the said paragraph as of the date of Oct.1, 1949, the rental value concerned shall be revised on the basis of the revised rental value as determined by the provisions of Art.2, Par.1 and according to the condition of the residential land in those days when the adjustment of arable land was finished.
2 In respect of the residential land coming under Art.15, Pat.1 of the Arable Land Adjustment Law, in case these is the rental value (excluding the rental value entered into the land ledger pursuant to the provisions of Art.15-(3) of the said Law) revised or established in accordance with the provisions of the said paragraph as of the date of Oct.1, 1949, the Government shall revise the rental value concerned on the basis of the revised rental value as determined by the provision of Art.2, Par.1, and according to the condition of the residential land concerned in those days when the adjustment of arable land was begun.
3 In case there is a land as referred to under the preceding two paragraphs, the operator of the adjustment of residential land concerned shall report the rental value to be revised pursuant to the preceding two paragraphs and other necessary matters to the Government.
(Penalties)
Article 17. A person who refused, disturbed or evaded the inspection of the residential land conducted pursuant to the provisions of Art.13, Par.1 shall be fined not exceeding 10,000 yen.
Article 18. In case a person engaged in investigation or reinvestigation of rental value or participated in the precedings of the Basic District Investigation Committee the Regional Residential Land Rental Value Investigation Committee, or the Residential Land Rental Value Investigation Committee has divulged secrets as acquired relating to the investigation, reinvestigation or proceedings, he shall be fined not exceeding 50,000 yen.
Supplementary Provisions:
1. The present Law shall come into force as from the day of its promulgation.
2. With regard to the application of the provisions of the Law concerning the Special Measures for Establishment of Owner Farmers (Law No.43 of 1946), and or, the Agricultural Land Adjustment Law (Law No.67 of 1938), the ledger rental value before revision shall, notwithstanding the provisions of Art.2, Par.1, be the rental value as prescribed by the Land Ledger Law until Mar.31, 1950.
Prime Minister YOSHIDA Shigeru
Minister of Finance IKEDA Hayato