Law for Exception to Arrearage Charges, etc. on National Tax
法令番号: 法律第78号
公布年月日: 昭和25年3月31日
法令の形式: 法律
I hereby promulgate the Law for Exception to Arrearage Charges, etc. on National Tax.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-fifth year of Showa (March 31, 1950)
Prime Minister YOSHIDA Shigeru
Law No.78
Law for Exception to Arrearage Charges, etc. on National Tax
(Exception to Arrearage Charge)
Article 1. Such amount of arrearage charges collected or to be collected in accordance with the provisions of Article 9 paragraph 3 of the National Tax Collection Law (Law No.21 of 1897) before the amendment by virtue of the Law for Partial Amendments to the National Tax Collection Law (Law No.69 of 1950), Article 52 of the Law concerning the Partial Amendments to the Income Tax Law and other Law (Law No.107 of 1948) or paragraph 3 of the Supplementary Provisions of the Law for Partial Amendments to the National Tax Collection Law, as corresponds to the term from January 1, 1950 to March 31 of the same year shall be the amount computed by multiplying the amount of tax as a basis for computation by a ratio of 8 sen per diem for each 100 yen of the tax concerned, regardless of these provisions.
2 The provision of the preceding paragraph shall not apply to the case where the arrearage charges under the provision of the same paragraph are to be computed by multiplying the amount of tax as a basis for computation by a ratio of less than 8 sen per diem for each 100 yen of the tax concerned.
(Exception to Additional Tax)
Article 2. Such amount of tax paid or collected or to be paid or collected in accordance with the provisions of Article 55 or Article 56 of the Income Tax Law (Law No.27 of 1947) before the amendment by virtue of the Law for Partial Amendments to the Income Tax Law (Law No.71 of 1950), paragraph 14 or paragraph 16 of the Supplementary Provisions of the Law for Partial Amendments to the Income Tax Law, Article 42 of the Corporation Tax Law (Law No.28 of 1947) before the amendment by virtue of the Law for Partial Amendments to the Corporation Tax Law (Law No.72 of 1950), paragraph 10 of the Supplementary Provisions of the Law for Partial Amendments to the Corporation Tax Law, Article 58 of the Estate Tax Law (Law No.87 of 1947) before the amendment by virtue of the Accessions Tax Law (Law No.73 of 1950), Article 3 paragraph 1 item 5 of the Supplementary Provisions of the said Estate Tax Law, paragraph 14 of the Supplementary Provisions of the Accessions Tax Law (Law No.73 of 1950), Article 11-(2) of the Travelling Tax Law (Law No.43 of 1940) before the amendment by virtue of the Law for Partial Amendments to the Travelling Tax Law (Law No.76 of 1950) or paragraph 3 of the Supplementary Provisions of the Law for Partial Amendments to the Travelling Tax Law, as corresponds to the term from January 1, 1950 to March 31 of the same year shall be the amount computed by multiplying the amount of tax as a basis for computation by a ratio of 4 sen per diem for each 100 yen of the tax concerned, regardless of these provisions.
2 Such amount of tax paid or collected or to be paid or collected in accordance with the provisions of Article 40 of the Non War Sufferer Special Tax Law (Law No.143 of 1947), Article 13-(2) of the Old Securities Transfer Tax Law (Law No.7 of 1937)(including the case where this Article applies under the provision of paragraph 2 of the Supplementary Provisions of the Law for Abolition of the Securities Transfer Tax Law (Law No.75 of 1950)) or Article 28 of the Old Transactions Tax Law (Law No.108 of 1948), as corresponds to the term from January 1, 1950 shall be the amount computed by multiplying the amount of tax as a basis for computation by a ratio of 4 sen per diem for each 100 yen of the tax concerned, regardless of these provisions.
(Exception to Additional Refund)
Article 3. In case the amount of the arrearage charges or the tax under the provision of Article 1 paragraph 1 or the preceding Article paid or collected on or before March 31, 1950 is found to have been overpaid in accordance with the provisions of the preceding two Articles, if a person has requested for the refund of such overpaid amount on or after the day after the lapse of three months from the date of enforcement of this Law, the term (number of days) which is to be the basis for computation of the additional refund of the said overpaid amount shall be computed on excluding the term (number of days) from the day after the lapse of three months from the date of enforcement of this Law to the day when the refund has been requested, regardless of the provision of Article 31-(6) paragraph 1 (including the case where this applies mutatis mutandis under paragraph 10 of the Supplementary Provisions of the Law for Partial Amendments to the National Tax Collection Law) of the National Tax Collection Law.
Supplementary Provisions:
1. This Law shall come into force as from April 1, 1950.
2. As regards such part of arrearage charges or tax amount under the provision of Article 1 paragraph 1 or Article 2 which is to be paid or collected after the enforcement of this Law and which is subject to the application of these provisions, the amount of arrearage charges entered in the note of taxpayment demanded before the enforcement of this Law or the amount of tax noticed before the enforcement of this Law shall be deemed to have been amended as the amount of money computed in accordance with these provisions.
3. The Law for Partial Amendment to the Income Tax Law shall be partially amended as follows:
In paragraph 15 of the Supplementary Provisions, "In this case, in case the notice or demand for payment of the income tax as the basis for the computation of the interest on delinquent tax, which is to be paid or collected in accordance with the provision of the same Article, has been effected before the enforcement of this Law, such notice or demand shall be deemed to have been done in respect to such interest." shall be added next to "shall apply thereto."
In paragraph 17 of the Supplementary Provisions, "In this case, in case the demand for payment of the income tax as the basis for the computation of the interest on delinquent tax, which is to be paid or collected in accordance with the provision of the same paragraph, has been effected before the enforcement of this Law, such demand shall be deemed to have been done in respect to such interest." shall be added next to "apply thereto."
4. The Law for Partial Amendments to the Corporation Tax Law shall be partially amended as follows:
In paragraph 11 of the Supplementary Provisions, "In this case, the notice or demand for payment of the corporation tax as the basis for the computation of the interest on delinquent tax, which is to be paid or collected in accordance with the provision of the same Article, has been effected before the enforcement of this Law, such notice or demand shall be deemed to have been done in respect to such interest on delinquent tax" shall be added next to "the corporation tax concerned is paid or collected."
5. The Accessions Tax Law (Law No.73 of 1950) shall be partially amended as follows:
In paragraph 15 of the Supplementary Provisions, "In this case, in case the notice or demand for payment of the tax amount as the basis for the computation of the interest on delinquent tax, which is to be paid or collected in accordance with the provisions of the same Article, has been effected before the enforcement of this Law, such notice or demand for taxpayment shall be deemed to have been done in respect to such interest." shall be added next to the date of payment or collection of the tax concerned.
In paragraph 16 of the Supplementary Provisions, "In this case, in case the demand for payment of tax amount as the basis for the computation of the interest on delinquent tax, which is to be paid in accordance with the provision of the same paragraph, has been effected before the enforcement of this Law, such demand shall be deemed to have been done in respect to such interest" shall be added next to "for the purpose of the application of Article 52."
6. The Law for Partial Amendments to the Travelling Tax Law shall be partially amended as follows:
In paragraph 4 of the Supplementary Provisions, "In this case, in case the demand for payment of travelling tax as the basis for the computation of the interest on delinquent tax, which is to be paid in accordance with the provision of the same paragraph, has been effected before the enforcement of this Law, such demand shall be deemed to have deen done in respect to such interest." shall be added next to "shall apply thereto."
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru