Net Worth Tax Law
法令番号: 法律第174号
公布年月日: 昭和25年5月11日
法令の形式: 法律
I hereby promulgate the Net Worth Tax Law.
Signed:HIROHITO, Seal of the Emperor
This eleventh day of the fifth month of the twenty-fifth year of Showa (May 11, 1950)
Prime Minister YOSHIDA Shigeru
Law No.174
Net Worth Tax Law
Contents
Chapter I General Provisions(Articles 1-6)
Chapter II Taxable Value and Tax Rates(Articles 7-11)
Chapter III Valuation of Property(Articles 12-17)
Chapter IV Tax Return and Tax Payment(Articles 18-22)
Chapter V Correction and Determination(Articles 23-25)
Chapter VI Reinvestigation, Reconsideration and Litigation(Articles 26-30)
Chapter VII Miscellaneous Provisions(Articles 31-41)
Chapter VIII Penal Provisions(Articles 42-48)
Supplementary Provisions
CHAPTER I General Provisions
(Taxpayer)
Article 1. Any person falling under one of the following items shall be liable for the payment of a net worth tax by virtue of this Law:
(1) An individual who is domiciled or has been a resident for more than one year, in the enforcement area of this Law at the time of taxation (it shall be 12:00 p. m., December 31 of each year;hereinafter the same);
(2) An individual who does not fall under the provision of the preceding item, but owns any property located in the enforcement area of this Law at the time of taxation.
(Scope of Taxable Property)
Article 2. Any person falling under the provision of item (1) of the preceding Article shall be liable to pay the net worth tax on the whole properties owned by him.
2 Any person falling under the provision of item (2) of the preceding Article shall be liable to pay the net worth tax on the properties which he owns and are located in the enforcement area of this Law.
(Location of Taxable Property)
Article 3. For the purpose of this Law, the location of the property enumerated in each of the following items shall be a place provided for it in each item concerned:
(1) As for the personal or real property, or any right to real property, the location shall be a place where such property is located;however, as for the vessel it shall be the place where that vessel is registered;
(2) As for the mining right or the placer mining right, the location shall be a place where the mine lot or the placer lot is located;
(3) As for the fishing right or the common of fishing, the location shall be a municipality or an administrative district corresponding thereto, to which the coast nearest to the fishing ground belongs;
(4) As for such savings as interest-bearing deposit, postal savings, installment interest-bearing deposit or trust money as may be prescribed by Cabinet Order in a financial institution, the location shall be a place where the place of business or enterprise, which has accepted the interest-bearing deposit, postal savings, installment-bearing deposit or trust money, is located;
(5) As for the right on the joint operation trust (it shall mean a monetary trust trusted with a trust company or a bank engaged in trust business in addition, which pools, for the purpose of operation. properties trusted by a number of trustors who are not associated;hereinafter the same), the location shall be a place where the place of business, which has accepted such trust, is located;
(6) As for the patent right, utility model right, design right or trade mark right, the location shall be a place where the organ which has registered such right, is located;
(7) As for rights on business or enterprise incident to the place of business or enterprise, the properties other than those as enumerated in each of the preceding items, the location shall be a site of such place of business or enterprise.
2 As for any property other than those as enumerated in each of the items of the preceding paragraph, the location shall be a place where the domicile of the person having the right on such property is located (as for any person who has not his domicile, but has been a resident more than one year in the enforcement area of this Law, the location shall be a place where he resides).
(Right on Property in Trust or Incident to the Trust)
Article 4. As for the trust currently in effect at the time of taxation, the beneficiary at that time shall be subject to this Law as if he owned such property (or the right incident to the trust in a case of the joint operation trust).
2 In the case under the preceding paragraph, if the beneficiary entitled to the principal or profits. has not received the principal or any profit by the time of taxation, or if no beneficiary has been specified or yet exists thereby, the trustor or his successor shall be deemed the beneficiary
3 In the case under the preceding two paragraphs, if there exist two or more beneficiaries, each of them shall be deemed entitled to the property in trust or the right incident to the trust in proportion to the value of that part of the benefits which each beneficiary is entitled to.
(Right on a Periodic Payment Contract or a Life Insurance Contract)
Article 5. As for a postal annuity contract or any other periodic payment contract currently in effect at the time of taxation, where the contingency for the periodic payment has not yet taken place by such time, or a life insurance contract currently in effect at the time of taxation (excluding the life insurance contract where money of refundment or any other payment of similar nature is not paid if the contingency has not taken place within the stipulated period;hereinafter the same), where the stipulated contingency has not taken place by such time, a person, who has paid the premiums wholly or partially shall be deemed to have the right on such contract in proportion to that part of the premiums which he has paid and so this Law shall apply thereto.
2 As for a periodic payment contract or a life insurance contract, as provided for in the preceding paragraph, falling under one of the following items, this Law shall apply to the employee as provided for in each item concerned, as if he has the whole right on the said contract, notwithstanding the provisions of the preceding paragraph:
(1) A contract where the employer is a contractor and the employee is the recipient of annuity or refundment, or the insured person or the recipient of benefit;
(2) A contract where the employer is a contractor and the employee is the recipient of annuity or the insured person, and the employee's relative is the recipient of refund or benefit;
(3) A contract where the employer is a contractor and the employee is the recipient of annuity or the insured person, and it is stipulated that the employee succeeds the rights and duties of the said contractor without consideration if the employee retires.
(Co-living Family)
Article 6. The "co-living family" as used in this Law shall mean the relative having such relationship as enumerated below and living on common living expense at the time of taxation;provided, that a person having such relationship, but not falling under the provision of Article 1 item (1) shall be excluded from the scope of this co-living family:
(1) Husband and wife;
(2) Parents and minor child (limited only to the son or daughter who is unmarried and/or childless);
(3) Grandparents and the minor grandchild (limited only to the grandchild who is unmarried and/or childless, and has no parents or is not living on common living expense with his or her parents).
2 In the case under item (2) and item (3) of the preceding paragraph, if the child or grandchild is an adopted one, the "parents" as provided for in the each item concerned shall read "adoptive parents" .
3 In the case under item (2) and item (3) of paragraph 1, even if there exists or existed no blood relationship between the child or grandchild and a person who is or was the spouse of his or her father or mother, a blood relationship shall be deemed to exist or have existed between such child or grandchild and such person.
4 The necessary matters for the definition of the scope of co-living family other than those as provided for in the preceding two paragraphs shall be prescribed by Cabinet Order.
CHAPTER II Taxable Value and Tax Rates
(Taxable Value)
Article 7. As for any person falling under the provision of Article 1 item (1). the taxable value shall be the amount of money obtained by deducting the amount of his liabilities (including taxes and other public charges;hereinafter the same) at the time of taxation from the value of the properties owned by him at the said time.
2 As for such a person who falls under the provision of Article 1 item (1) and is not of Japanese nationality, the taxable value shall, notwithstanding the provision of the preceding paragraph, be the amount of money obtained by deducting the amount of liabilities at the time of taxation which are enumerated in the following items, from the value of the property owned by him and located in the enforcement area of this Law at the said time:
(1) Taxes and other public charges to be paid within the enforcement area of this Law;
(2) Liability secured by lien, special right of priority, pledge or mortgage on the property located in the enforcement area of this Law at the time of taxation;
(3) Liability incurred in the acquisition, maintenance or administration of the property located in the enforcement area of this Law at the time of taxation, except for those as enumerated in the preceding two items;
(4) Liability on the business or enterprise with regard to the place of business or enterprise concerned, in the case of the taxpayer who has a place of business or enterprise in the enforcement area of this Law at the time of taxation, other than the liabilities as enumerated in the preceding three items;
(5) Other than the liabilities as enumerated in the preceding four items, the liability to an individual who has his domicile or residence in the enforcement area of this Law at the time of taxation or such liability to a corporation which has its place of business or enterprise in the enforcement area of this Law at the time of taxation as has been incurred to the taxpayer in dealing with the corporation's place of business or enterprise.
3 In the computation of the taxable value for co-living family in accordance with the provisions of the preceding two paragraphs, if the amount of the liabilities of any one of the co-living family exceeds the value of his properties, the excess shall, notwithstanding the provisions of the preceding two paragraphs, be deducted from the taxable values of one or more of the other relatives as may be prescribed by Cabinet Order, and the remainder shall be made the taxable value for the co-living family.
4 As for a person who falls under the provision of Article 1 item (2), the taxable value shall be the value of the properties owned by him and located in the enforcement area of this Law at the time of taxation minus the amount of such liability currently in effect at the time of taxation as enumerated below:
(1) Taxes and other public charges on the property located in the enforcement area of this Law at the time of taxation;
(2) Liabilities enumerated in items (2) to (4) inclusive of paragraph 2.
(Liability to be Deducted)
Article 8. In the computation of the taxable value in accordance with the provision of the preceding Article, the liability to be deducted shall be limited to one which is recognized clear and definite.
2 In the computation of the taxable value in accordance with the provision of the preceding Article, the amount of taxes and other public charges to be deducted shall include in addition to those for which the liability is definitely established at the time of taxation, the amount of taxes which are imposed in accordance with the provisions of the Income Tax Law (Law No.27 of 1947), Accessions Tax Law (Law No.73 of 1950), Assets Revaluation Law (Law No.110 of 1950), Sugar Excise Law (Law No.13 of 1901), Playing Set Tax Law (Law No.44 of 1902), Liquor Tax Law (No.35 of 1940), Commodity Tax Law (Law No.40 of 1940), Gasoline Tax Law (Law No.44 of 1949), or Local Tax Law (Law No. of 1950) on the income (including incomes for the previous years which are to be added to the income for the taxable year, in the computation of the income tax for that year), succession, donation or other acts or on the added value for the year covering the time of taxation and which may be prescribed by Cabinet Order.
(Non-taxable Property)
Article 9. For the purpose of the computation of taxable value in accordance with the provision of Article 7, the value of the properties as enumerated below shall not be included in the value of property:
(1) Articles that pass to the Imperial Heir to the Throne when he is enthroned, in accordance with the provision of Article 7 of the Imperial House Economy Law (Law No.4 of 1947);
(2) Lands, houses or article that are used for official or public purpose by the State, local public entities or other public bodies as may be prescribed by Cabinet Order;
(3) Burial place, mausoleum, ritual utensils and the like;
(4) Such article or property that has been designated as a national treasure, historic remains, scenic areas or natural relics in accordance with the provisions of National Treasures Preservation Law (Law No.17 of 1929), or Law for Preservations of Historic Remains, Scenic Areas and Natural Relics (Law No.44 of 1919) or recognized as an important object of art in accordance with the provisions of Law for Preservation of Important Artistic Objects of Art and Others (Law No.43 of 1933);
(5) Such books specimens and instruments as used exclusively for the scientific purpose;
(6) Such furniture, utensils, clothes and other personal properties that are ordinarily necessary for daily life and prescribed by Ministry of Finance Ordinance.
2 In case the owner of such property as provided for in item (2), (4) or (5) of the preceding paragraph accrues income or some other economic benefits (excluding the case where the value of such benefits is small and below the standard as may be prescribed by Ministry of Finance Ordinance) from the property, the value of the property shall be included in the value of the property in the computation of the taxable value under the provision of Article 7, notwithstanding the provision of the same paragraph.
3 As for the value of property as enumerated in paragraph 1 item (4)(excluding the property subject to the application of the provision of the preceding paragraph), if the aggregate of value of such properties owned by one person (in the case of co-living family, the aggregate of value of such properties owned by the co-living family) exceeds one million yen, the value of the part of the properties in excess of one million yen shall, notwithstanding the provision of paragraph 1, be included in the value of properties in the computation of the taxable value under the provision of Article 7.
4 The amount of liabilities incurred in the acquisition, maintenance or administration of the properties as enumerated in each item of paragraph 1 (excluding the amount of liability on the properties subject to the application of the provision of paragraph 2 and also excluding a part of liability which is included in the value of property in the computation of the taxable value under the provision of the preceding paragraph out of the amount of liability on the properties subject to the application of the provision of the same paragraph) shall not be included in the amount of liability in the computation of the taxable value under the provision of Article 7.
(Tax Free Point)
Article 10. The net worth tax shall not be imposed, in case the taxable value is not more than 5,000,000 yen.
2 As for the co-living family, the provision of the preceding paragraph shall apply to the total of the combined taxable value of the taxpayer and his co-living family.
(Tax Rate)
Article 11. The net worth tax shall be imposed by classifying the taxable value into the following brackets and applying each corresponding rate to each of the brackets:
Over 5,000,000 yen Rate 5/1000
,, 10,000,000 ,, ,, 10/1000
,, 20,000,000 ,, ,, 20/1000
,, 50,000,000 ,, ,, 30/1000
2. As for the co-living family, the tax amount for each of them shall be determined by dividing proportionally according to their respective taxable values, the amount of money obtained by applying the provision of the preceding paragraph to the combined taxable value.
CHAPTER III Valuation of Property
(Principle of Valuation)
Article 12. Other than those cases specifically prescribed in this Chapter, the value of the property at the time of taxation shall be valued at the prices prevailing at the said time, and the amount of the liability to be deducted from the value of the property at the said time shall be determined according to the circumstances standing at the said time.
(Valuation of Superficies and Perpetual Tenant Right)
Article 13. The value of the superficies (excluding such leaseholds as come under the provisions of the Leased Land Law (Law No.49 of 1921);hereinafter the same) or the perpetual tenant right shall be an amount obtained by multiplying the unencumbered value of the land, which is the object of the superficies or perpetual tenant right at the time of taxation, by one of the following rates, according to the length of its remaining term:
If the remaining term of superficies or perpetual tenant right is not over 10 years 5%
over 10 years but not over 15 years 10%
,, 15 ,, 20 ,, 20%
,, 20 ,, 25 ,, 30%
,, 25 ,, 30 years, and superficies of which the effective term is indefinite 40%
over 30 years but not over 35 years 50%
,, 35 ,, 40 ,, 60%
,, 40 ,, 45 ,, 70%
,, 45 ,, 50 ,, 80%
,, 50 years 90%
(Valuation of Securities)
Article 14. The value of the securities (they shall mean securities that are provided for in Article 2 paragraphs 1 and 2 of the Securities and Exchange Law (Law No.25 of 1948) that are listed in the securities exchange shall be computed on the basis of an average of daily closing prices for December of the taxable year, which are published in accordance with the provision of Article 122 paragraph 2 of the same Law.
(Valuation of the Right on an Annuity)
Article 15. The value of the right on a postal annuity contract or other periodic payment contract, which is in effect at the time of taxation and for which the contingency for payment has taken place by such time, shall be the amount as enumerated below:
(1) As for a terminable periodic payment contract, the amount of money obtained by multiplying the total amount of such payments to be received during the remaining term by one of the following percentages, according to the length of the remaining term;provided, that the amount shall not exceed an amount equivalent to 15 times the total of amounts to be received in one year;
If the remaining term is not over 5 years 70%
over 5 years but not over 10 years 60%
,, 10 ,, 15 ,, 50%
,, 15 ,, 25 ,, 40%
,, 25 ,, 35 ,, 30%
,, 35 years ,, 20%
(2) As for an interminable periodic payment contract, the amount of money equivalent to 15 times the total of amounts to be received in one year;
(3) As for a life periodic payment contract, the amount of money obtained by multiplying the total amount of payments to be received in one year, by one of the following multiples, according to the age at the time of taxation of the person who is the subject of the contract;
If the age of the subject is not over 25 years 11
over 25 years but not over 40 years 8
,, 40 ,, 50 ,, 6
,, 50 ,, 60 ,, 4
,, 60 ,, 70 ,, 2
,, 70 years 1
2 In the case of the right on the periodic payment contract under the provision of the preceding paragraph and subject to the application of the provision of item (3) of the same paragraph, if the person who is the subject of the contract died after the time of taxation but before the due date of filling of the return under the provisions of Article 18 paragraphs 1 to 3 inclusive (or the date deferred in accordance with the provision of paragraph 7 of the same Article in the case where the provision of the same paragraph is applicable) and also if the periodic payment has come to an end as a result of his death, the value of the right on the said periodic payment contract shall, notwithstanding the provision of item (3) of the preceding paragraph, be the amount of money received or to be received by the owner of such right (including such amount of money as received or to be received by his surviving relative or any other third party as a result of the death of the owner of such right).
3 The value of the right on the periodic payment contract as provided for in paragraph 1 and by which periodic payment is to be made for a fixed period during the life time of the subject of the contract shall be the lower of either the amount of money computed as the terminable periodic payment contract as provided for in item (1) of the same paragraph or the amount of money computed as the life periodic payment contract as provided for in item (3) of the same paragraph.
4 The value of the right on the periodic payment contract as provided for in paragraph 1, and by which periodic payment is to be made during the life time of the subject of the contract and continues to be made, if the subject dies in a fixed period, to the owner of the said right or his surviving relative or any other third party after the death of the said subject during the said fixed period, shall be the higher of either the amount of money computed as the terminable periodic payment contract as provided for in item (1) of the same paragraph or the amount of money computed as the life periodic payment contract as provided for in item (3) of the same paragraph.
5 The provision of each of the preceding paragraphs shall apply mutatis mutandis to the valuation of the right on a pension as provided for in the Pension Law (Law No.48 of 1923) and any other periodic payment accrued otherwise than under a contract.
Article 16. The value of the right on a postal annuity or any other periodic payment contract, which is in effect at the time of taxation and for which the contingency for payment has not taken place by such time, shall be computed by multiplying the total amount of premiums paid up to the time of taxation by one of the following percentages, according to the length of the term elapsed from the time of the first payment of premium to the time of taxation:
If the elapsed term is not over 5 years 90%
over 5 years but not over 10 years 100%
,, 10 ,, 15 ,, 110%
,, 5 years 120%
(Valuation of the Right on a Life Insurance Contract)
Article 17. The value of the right on a life insurance contract, which is in effect at the time of taxation and for which the contingency for payment of the insured sum has not taken place by such time, shall be the total amount of premiums paid up to the time of taxation (excluding those premiums of which the due date of payment has not yet come by the time of taxation) by 70% minus the insured amount multiplied by 2%; provided, that the value of the right on a life insurance contract, for which all the premiums have been paid in a lump sum, shall be an amount equivalent to the total of all premiums thus paid.
CHAPTER IV Tax Return and Tax Payment
(Filing of Return)
Article 18. Any person falling under the provision of Article 1 shall, if his taxable value exceeds 5,000,000 yen (as for co-living family, if the amount of the combined taxable value of the person and his co-living family exceeds 5,000,000 yen), file with the chief of taxation office having the jurisdiction over the place of tax payment, a return stating therein his taxable value, the amount of net worth tax as well as the matters as may be prescribed by Cabinet Order, within a term between the first and last day of February of the next year of the taxable year.
2 In case a person, who has succeeded the property or liability due to the succession in a year covering the time of taxation and falls under the provision of the preceding paragraph before taking into account the value of such property or liability in the computation of this taxable value, comes to know the commencement of such succession during a term between the first day of November of the said year and the date of filing of the return as provided for in the same paragraph and still falls under the provision of the same paragraph after he has taken into account the value of such property or liability in the computation of his taxable value, he (including his co-living family if he has any of co-living family) shall file with the chief of a taxation office having the jurisdiction over the place of tax payment, within four months from the next day of the day when he came to know the commencement of such succession, a return stating therein such matters as may be prescribed by Cabinet Order in accordance with the provision of the same paragraph.
3 In case a person, who has succeeded the property or liability due to the succession in a year covering the time of taxation and falls under the provision of paragraph 1 by taking into account the value of such property or liability in the computation of his taxable value, has come to know the commencement of such succession after the first day of November of the said year, he (including his co-living family if he has any of co-living family) shall file with the chief of taxation office having the jurisdiction over the place of tax payment a return stating therein such matters as may be prescribed by Cabinet Order in accordance with the provision of paragraph 1, within four months after the next day of the day when he came to know the commencement of such succession.
4 In case a person falling under the provision of paragraph 1 died in a term after the time of taxation to the filing of the return, the successor of such person shall file with the chief of taxation office having the jurisdiction over the place of tax payment of the decedent, a return on the net worth tax for the decedent, within four months after the next day of the day when he came to know the commencement of the succession. The matters to be entered in a return, the essentials for filing of returns where two or more successors co-exist and other necessary matters shall be prescribed by Cabinet Order.
5 In case there are among the co-living family two or more who fall under the provision of paragraph 1, such matters as may be prescribed by Cabinet Order in accordance with the provision of paragraph 1 or the preceding paragraph, shall be entered for each of such relatives separately in the return as provided for in the preceding four paragraphs and such return shall be filed with a joint signature. Provided, that the separate return stating therein the names of such relatives may be filed separately.
6 As for the application of the preceding paragraph, the relationship of co-living family shall be deemed to exist among the successors under the provision of paragraph 4 and between those successors and the co-living family of the decedent.
7 As for a person who is unable to file the return, within the due date of filing as provided for in paragraphs 1 to 4 inclusive, on account of such inevitable causes as the difficulties of communication or transportation, the Director of the Tax Administration Agency or the chief of taxation office may postpone the due date by virtue of Cabinet Order.
8 The provisions of paragraphs 2 to 4 inclusive shall not apply to the case where the notification of the determination under the provision of Article 24 has been issued before the due date of the filing of the return as provided for in each paragraph concerned.
9 A person who falls under the provision of paragraph 1 or a successor as provided for in paragraph 4 may file with the chief of taxation office having the jurisdiction over the place of tax payment of the person or the successor the return stating therein the matters prescribed by Cabinet Order in accordance with the provision of paragraph 1 or 4, even after the expiration of the term for filing the return as provided for in paragraphs 1 to 4 inclusive (or the timelimit of filing deferred in accordance with the provision of paragraph 7, in the case where the provision of the same paragraph is applicable;hereinafter referred to as the "due date of filing of the return" ), until he has received the notification of the determination as provided for in Article 24. The provision of paragraphs 5 and 6 shall apply mutatis mutandis to the filing of the return in this case.
10 The return as provided for in paragraphs 1 to 4 inclusive shall be called a "return within the term," and the return as provided for in the preceding paragraph shall be called a "return after the term."
(Filing of Revised Return)
Article 19. The taxpayer who filed the return within the term or the return after the term may, if he has found a deficit in the taxable value or the net worth tax amount declared by him on such return, file, until he receives the notification of correction as provided for in Article 24, with the chief of taxation office, with whom he filed the said return, another return stating therein the matters to be revised as to the taxable value or the net worth tax amount and also therein other matters as may be prescribed by Cabinet Order.
2 A person who was subject to the correction or determination under the provision of Article 23 may, if he has found a deficit in the taxable value or the net worth tax amount thus corrected or determined, file with the chief of taxation office, who made such correction or determination, another return stating therein the matters to be revised as to the corrected or determined taxable value or net worth tax amount and also therein the other matters as may be prescribed by Cabinet Order.
3 In the case of death of the person, who is entitled to file the return under the provision of the preceding two paragraphs (referred to as a "revised return" ), his successor may file the revised return on the net worth tax amount of the decedent.
(Request for Correction)
Article 20. If a person who filed the return within the term or the revised return for the said return has found that the taxable value or the net worth tax amount on the said return, or the taxable value or the net worth tax amount increased as a result of filing the said revised return, he may make a request, within only one month after the due date of filing of the said return or the day on which such revised return was filed, to the chief of taxation office, with whom he filed the said return or the said revised return, for correction under the provision of Article 23 paragraph 1 as to the taxable value or the net worth tax amount.
2 If a person who filed the return within the term, has come to know, after the filing of the said return, the commencement of succession in a year covering the time of taxation, and has found that the taxable value or the net worth tax amount on the said return (in case a revised return was filed after the filing of the said return or correction has been made in accordance with the provision of Article 23 paragraph 1 or 4, the taxable value or the net worth tax amount entered in the said revised return or thus corrected) has become excessive by taking into account the value of property or liability, which he has succeeded by succession, in the computation of the taxable value, he may make a request, within four months from the next day of the day when he came to know the commencement of the succession, to the chief of the taxation office, with whom he filed the return concerned, for correction under the provision of Article 23 paragraph 1 or 4, of such taxable value or net worth tax amount.
3 A person who intends to make the request for correction under the provisions of the preceding two paragraphs shall file a document with the chief of taxation office stating therein the taxable value or the net worth tax amount subject to such a correction, the required amount of the taxable value or net worth tax after correction, reasons for his request for correction and other matters as may be prescribed by Cabinet Order.
4 The chief of taxation office shall, if he received a request for correction under the provision of paragraph 1 or 2, investigate whether the taxable value or the net worth tax amount involved is to be corrected or not and make correct on the basis of such investigation or notify the person who made the request of the fact that there is no reason for the request.
5 In case a person who has neither domicile nor residence in the enforcement area of this Law has not reported of his administrator for tax payment as provided for in Article 39, a public notice, instead of the notification under the preceding paragraph, may be recorded on the Official Gazette. In this case, it shall be deemed that the notification under the same paragraph has been effected, when seven days have elapsed from the first day of the public notice.
6 The chief of taxation office shall not, even if he has received the request for correction under the provision of paragraph 1 or 2, defer the collection of the tax;provided, that he may, defer the whole amount of tax or a part thereof if he deems good reason to exist in the request.
7 The provisions of the former part of Article 18 paragraph 4 shall apply mutatis mutandis to the request for correction under the provision of paragraph 1 or 2.
(Tax Payment)
Article 21. The taxpayer who has filed the return within the term, shall pay by the due date of filing of return to the Government the net worth tax equivalent to the amount of net worth tax as entered in his return.
2 The taxpayer who files the return after the term shall pay, on the day when he files the return, to the Government the net worth tax equivalent to the amount of net worth tax as entered in the return.
3 The taxpayer who files the revised return shall pay, on the day when he files such return, to the Government the net worth tax equivalent to the amount increased as a result of filing the revised return.
4 In such a case falling under the provision of Article 18 paragraph 4, if there are two or more successors, the amount of the net worth tax, which is entered in the return as provided for in the same paragraph or paragraph 9 of the same Article and is paid in accordance with the provision of paragraph 1 or 2, by such successors, shall be apportioned among them in proportion to the value of benefits which is entitled to each of the successors.
5 If the taxpayer who is liable for the payment of the net worth tax in accordance with the provisions of paragraphs 1 to 3 inclusive, has failed to make full payment of the net worth tax by the due date of tax payment as provided for in paragraph 1 or on the date of payment as provided for in paragraph 2 or 3, the chief of taxation of office shall press for the payment in accordance with the provision of Article 9 of the National Tax Collection Law (Law No.21 of 1897).
6 The procedures for payment of the net worth tax as provided for in paragraphs 1 to 3 inclusive shall be prescribed by Cabinet Order.
(Joint Responsibility for Tax Payment)
Article 22. The co-living family shall be jointly responsible for the payment of net worth tax to be paid by each relative. The provision of Article 18 paragraph 6 shall apply to such case.
2 If the transfer by gift, bequest or donation has been effected on property, which is the basis for the computation of the taxable value, the donee, legatee or the corporation created by such donation shall be responsible jointly with the donor or legator for the payment of the net worth tax for the year prior to the year in which such act took place to the extent of the value of benefits which he has received.
CHAPTER V Correction and Determination
(Correction and Determination)
Article 23. The chief of taxation office shall, in a case where the return within the term, the return after the term or the revised return has been filed, if the taxable value or the net worth tax amount entered in the return is different from that investigated by him. correct such taxable value or net worth tax amount on the basis of his investigation.
2 If a person who is deemed by the chief of taxation office to fall under the provision of Article 18 paragraph 1, has failed to file the return, the chief of taxation office shall determine the taxation value and the net worth tax amount for such person, on the basis of his investigation.
3 The chief of taxation office may make the determination as provided for in the preceding paragraph, even in such cases as fall under the provisions of Article 18 paragraphs 2 to 4 inclusive, if the due date of filing the return as provided for in Article 18 paragraph 1 (or the due date deferred in accordance with the provision of paragraph 7 of the same Article in case the provision of the same paragraph is applicable) has elapsed.
4 If the chief of taxation office has found, after he made the correction or determination on the taxable value or the net worth tax amount, that there is any excess or deficit in the taxable value or the net worth tax amount corrected or determined, he mar correct the taxable value or the net worth tax amount.
5 In the case under the preceding four paragraphs, if the investigation has been carried out by the competent official of the Tax Administration Agency or a tax administration bureau, the chief of taxation office may correct or determine the taxable value or the net worth tax amount in accordance with the provision of the preceding four paragraphs.
(Notification)
Article 24. When the chief of taxation office has corrected or determined the taxable value or the net worth tax amount in accordance with the provision of the preceding Article, he shall notify the taxpayer, with a written document stating therein the reasons for such correction or determination, mination, and the amount of interest on delinquent tax to be collected in accordance with the provision of Article 33 paragraph 3, and such fact as falls under the provision of paragraph 5 of the preceding Article, if any.
2 The provision of Article 20 paragraph 5 shall apply mutatis mutandis to the case under the preceding paragraph.
(Collection of Deficiency Tax)
Article 25. If the chief of taxation office has corrected or determined the taxable value or the net worth tax amount in accordance with the provision of Article 23, he shall collect the deficiency tax (it shall mean the deficient tax amount or the determined tax amount;hereinafter the same) to be paid within a month after the, day when the notification under the preceding Article has been issued.
CHAPTER VI Reinvestigation, Reconsideration and Litigation
(Reinvestigation)
Article 26. A person who has received the notification under the provision of Article 24 or Article 34 paragraph 5 (including the case where it applies mutatis mutandis in the provision of Article 35 paragraph 4) may, if he has any objection in respect to the taxable value, amount of net worth tax, interest on delinquent tax, negligence declaration additional tax, non-filing additional tax or heavy additional tax as notified, request may be prescribed by Cabinet Order, the reinvestigation to the chief of taxation office who has made the notification concerned, within one month from the day on which such notification was received, with a document stating therein the reasons for the objection. However, to a person who has received the notification by a written document stating that the investigation for the notified matters was made by the official of Tax Administration Agency or tax administration bureau, this shall not apply.
2 The provisions of Article 18 paragraph 7 and Article 20 paragraph 6 shall apply mutatis mutandis to the case under the preceding paragraph.
3 The provisions of the preceding two paragraphs shall apply mutatis mutandis to the case where a person who has received the notification under the provision of Article 20 paragraph 4 or Article 38 paragraph 2 has any objection to the notified matters concerned.
4 In case the request under the provision of paragraph 1 (including the case where it applies mutatis mutandis in the preceding paragraph) has been made (this request shall hereinafter be referred to as "request for reinvestigation" ), the chief of taxation office will, if there is any mistaken point in the form of request or in the procedure thereof, let the taxpayer correct such point, fixing a reasonable term for correction.
5 In case the request for reinvestigation has been made, the chief of taxation office shall, if the request falls under any of the following items, make the decision as provided for in the respective item and notify the person who has made the request, of the decision with the document stating therein the reasons therefor:
(1) In case the request for reinvestigation has been made after the end of term as provided for in paragraph 1 or where the correction of mistaken point required to be corrected in accordance with the provision of the preceding paragraph has not been corrected, a decision to reject the request concerned;
(2) In case the whole of the request for reinvestigation is deemed unreasonable, a decision to deny the request concerned;
(3) In case the whole of request for reinvestigation or a part thereof is deemed reasonable, a decision to cancel the whole or the part of assessment which is the object of request for reinvestigation.
6 The provision of Article 20 paragraph 5 shall apply mutatis mutandis to the case under the preceding paragraph.
(Reconsideration)
Article 27. A person falling under the proviso to paragraph 1 of the preceding Article (including the case where this proviso applies mutatis mutandis in paragraph 3 of the same Article) or a person who has received the notification under the provision of paragraph 5 of the same Article may, if the person has any objection to the notified matters as provided for in paragraph 1 or paragraph 3 of the same Article or to the decision under the provision of paragraph 5 of the same Article (this decision shall hereinafter be referred to as "decision of reinvestigation" ), make a request for reconsideration, as may be prescribed by Cabinet Order, to the Director of Tax Administration Agency or to the chief of tax administration bureau through the chief of taxation office who has made such notification, within one month from the day on which the notification under the provision of paragraph 1, 3 or 5 of the same Article was received, with the document stating therein the reasons for objection. In this case, if the request for reconsideration is made as to the decision of reinvestigation, it shall be deemed that the request for reconsideration of assessment which is the object of the reinvestigation concerned has been made simultaneously.
2 The provisions of Article 18 paragraph 7 and Article 20 paragraph 6 shall apply mutatis mutandis to the case under the preceding paragraph.
3 In case the request for reinvestigation has been made, if the request concerned falls under any of the following items, the request for reconsideration under the provision of paragraph 1 (this request shall hereinafter be referred to as "request for reconsideration" ) shall be deemed to have been made to the chief of competent tax administration bureau for the jurisdiction area of the chief of taxation office as provided for in the respective item at the date as provided for in the respective items:
(1) In case the chief of taxation office has deemed it adequate to treat the request for reinvestigation as the request for consideration and also a person who requested the reinvestigation has agreed with such treatment, the day of agreement;
(2) In case the notification under the provision of paragraph 5 of the preceding Article has not been made within three months from the day on which the reinvestigation was requested and also a person who requested the reinvestigation has offered to the chief of taxation office that the request concerned may be treated as the request for reconsideration, the day on which the offer was made.
4 The provision of paragraph 4 of the preceding Article shall apply mutatis mutandis to a case where the reconsideration was requested.
5 In the case of request for reconsideration, the Director of Tax Administration Agency or the chief of tax administration bureau shall, if the request falls under any of the following items, make the decision as provided for in the respective item and notify the person who requested the reconsideration (including a person who requested the reinvestigation under the provision of paragraph 3) of the decision with the document stating therein the reasons for the decision. In this case, if the request for reconsideration of assessment which is the object of reinvestigation is deemed to have been made simultaneously with the request for reconsideration of decision in accordance with the provision of latter part of paragraph 1, the decision under the provision of paragraph 2 or 3 shall be made for each request respectively:
(1) In case the request for reconsideration has been made after the end of the term as provided for in paragraph 1, or where the mistaken point required to be corrected in accordance with the provision of paragraph 4 of the preceding Article as applied mutatis mutandis in the preceding paragraph has not been corrected, a decision to reject the request corrected;
(2) In case the whole of request for reconsideration is deemed unreasonable, a decision to deny the request concerned;
(3) In case the whole of request for reconsideration or a part thereof is deemed reasonable, a decision to cancel the whole or the part of assessment which is the object of the request for reconsideration.
6 In case the Director of Tax Administration Agency or the chief of tax administration bureau has made the decision under the provision of item (2) of the preceding paragraph in respect to the request for reconsideration for decision of reinvestigation under the provision of paragraph 5 item (1) of the preceding Article, the request, which is deemed to have been made simultaneously in accordance with the provision of latter part of paragraph 1, for reconsideration of assessment which is the object of reinvestigation shall, notwithstanding the provision of latter part of the preceding paragraph, be deemed to have been denied.
7 In case the Director of Tax Administration Agency or the chief of tax administration bureau makes the decision under the provision of paragraph 5 item (2) or (3)(excluding the case where the decision concerned concerns the matter provided for in Article 38 paragraph 2), the decision concerned shall be made through the conference with the conference group which belongs to the Tax Administration Agency or tax administration bureau.
8 The provision of Article 20 paragraph 5 shall apply mutatis mutandis to the case under paragraph 5.
9 The necessary matters for the conference group as provided for in paragraph 7 shall be prescribed by Cabinet Order.
(Non-application of Administrative Appeal Law)
Article 28. To the case concerning the assessment which is the object of request for reinvestigation or for reconsideration, the provisions of the Administrative Appeal Law (Law No.105 of 1890) shall not apply.
(Litigation)
Article 29. The action to cancel or alter the assessment which is the object of request for reinvestigation or for reconsideration shall not be brought to the court, unless through the decision under the provision of Article 27 paragraph 5 (this decision shall hereinafter be referred to as "decision of reconsideration" ). However, in case the decision of reinvestigation is not notified even if a term of six months has elapsed from the day on which the reinvestigation was requested or in case a term of three months has elapsed from the day on which the reconsideration was requested or in case it is feared that the severe damage may be incurred if passed through the decision of reinvestigation or reconsideration or where there exists any other reasonable cause, the action may be brought to the court without the decision of reinvestigation or reconsideration.
2 The action to cannel or alter the assessment which is the object of request for reinvestigation or reconsideration or to cancel or alter the decision of reconsideration shall, except for the case falling under the proviso to the preceding paragraph, be brought to the court within three months from the day on which the notification of the decision of reconsideration was received, notwithstanding the provision of Article 5 paragraph 1 or 4 of the Administrative Litigation Special Law (Law No.81 of 1948).
3 In case the action to cancel or alter the assessment which is the object of the reinvestigation is brought to the court in accordance with the provision of the proviso to paragraph 1 after the lapse of six months from the day on which the reinvestigation was requested, such action shall be brought to the court within nine months from the day on which the reinvestigation was requested.
4 The term as provided for in the preceding two paragraphs shall be the peremptory term.
5 In case the action as provided for in paragraph 2 has been brought to the court, the official of Tax Administration Agency or tax administration bureau shall, for the application of the provision of Article 5 paragraph 1 of the Law concerning the Authority of the Attorney-General in the Judicial Procedure in which the Interests of the State are Involved (Law No.194 of 1947) be deemed the official under the chief of tax administration bureau or the chief of taxation office who is a party or a participant concerned.
6 In case the action is brought to the court in accordance with the provision of the proviso to paragraph 1, if the request for reinvestigation or reconsideration has been made, the decision of the request concerned may be taken.
(Order of producing the Evidence)
Article 30. In the action as provided for in paragraph 2 of the preceding Article, if the court has deemed reasonable the assertion of the Director of Tax Administration Agency, the chief of tax, administration bureau or the chief of taxation office, the party who brought the action to the court shall first produce the evidence before the court and then the other party shall produce the evidence.
2 The other party may produce the evidence at any time, notwithstanding the provision of the preceding paragraph.
CHAPTER VII Miscellaneous Provisions
(Publicity of Return)
Article 31. The chief of taxation office shall, when he has received returns, post for public inspection, within four months from the filing of the returns, for at least one month, the names of taxpayers, the places of tax payment as provided for in Article 38, and the taxable values, according to the statements on such returns.
(Information Furnished by a Third Party)
Article 32. In case a person has, in accordance with the provisions as may be prescribed by Cabinet Order, informed the Director of Tax Administration Agency or the chief of tax administration bureau that a certain person deemed liable for the payment of the net worth tax has failed to file the return or that a certain person has understated his taxable value or net worth tax amount, if the chief of taxation office has determined or corrected the taxable value or the net worth tax amount on the basis of the information thus furnished, the chief of tax administration bureau concerned may give the informant a reward not exceeding 10% of the amount of the net worth tax (excluding the amounts of net worth tax equivalent to the interest on delinquent tax, negligence declaration additional tax, non-filing additional tax, heavy additional tax and delinquent additional tax) which was able to be collected by virtue of such correction or determination, according to the degree that such information has contributed to such correction or determination;provided, that such a reward shall not exceed 500,000 yen.
2 The provision of the preceding paragraph shall not apply to cases where the information furnished is based on knowledge obtained by illegal act or by an official of the State or a local public entity in the performance of his duties.
(Interest on Delinquent Tax)
Article 33. In cases falling under any of the following items, the taxpayer, who has filed the return or the revised return as provided for in the respective item shall, as regards the net worth tax as provided for in the respective item, also pay interest on delinquent tax computed by applying the rate of 4 sen per diem per 100 yen to the amount of such net worth tax, according to the number of days under the respective items:
(1) In case the successor as provided for in Article 18 paragraph 4 filed the return within the term as provided for in the said paragraph if the decedent of the said successor has died after the due date of filing the return;the number of days from the next day of the due date of filing the said return to the day when the decedent died in respect to the amount of the net worth tax reported on the return;
(2) In case the taxpayer who filed the return within the term has failed to make full payment of the net worth tax by the due date of payment as provided for in Article 21 paragraph 1;the number of days from the next day of the due date of payment to the day when the full payment is made in respect to the unpaid net worth tax;
(3) In case the return after the term or the revised return has been filed;the number of days from the next day of the due date of payment as provided for in Article 21 paragraph 1 to the date of full payment in respect to the amount of the net worth tax reported on the return after the term or the net worth tax amount increased as a result of filing the revised return.
2 In cases falling under any of the following items, the number of days to be used in the computation of interest on delinquent tax shall be the days specified in the respective item, notwithstanding the provision of item (3) of the preceding paragraph:
(1) In case the successor as provided for in Article 18 paragraph 4 filed the return after the term on the net worth tax to be paid by the said successor's decedent (including cases where the successor has filed the revised return ftaer he filed the said return) and the decedent has died after the due date of filing;the total of the number of days as provided for in item (3) of the preceding paragraph and the number of days from the next day of the due date of filing return to the day of death of the decedent;
(2) In case the taxpayer who filed the return within the term, has later come to know the commencement of succession in the year covering the time of taxation and filed the revised return by reason of insufficiency of the net worth tax amount, which has been paid or is payable by him as the net worth tax for the taxable year, caused by taking into account the value of the property or liability, which he has succeeded to by the succession, in the computation of his taxable value;the number of days of a term from the day after the lapse of four months from the next day of the day when he came to know the commencement of the succession to the day when the amount of the net worth increased as a result of filing the said revised return, is actually paid.
3 The chief of taxation office shall, in the case of collection of the deficiency tax under the provision of Article 25, collect the interest on delinquent tax computed by applying the rate of 4 sen per diem per 100 yen to the amount of the delinquency tax according to the number of days from the next day of the due date of payment as provided for in Article 21 paragraph 1 to the day when the payment is made, in addition to the net worth tax due;provided, that in such cases as fall under one of the following items, the number of days to be used in the computation of interest on delinquent tax shall be the number of days specified in the respective items:
(1) In case the decedent of the successor as provided for in Article 18 paragraph 4 has died after the due date of filing the return, if the correction or determination is made under the provision of Article 23, on the net worth tax to be paid by the decedent;the total of the number of days, as provided for in the main clause of this paragraph, and the number of days from the next day of the due date of filing the return to the day of the death of decedent;
(2) In case the return within the term has been filed if the correction is made under the provisions of Article 23 paragraph 1 or 4, on the deficient net worth tax amount by reason of the cause as provided for in item (2) of the preceding paragraph;the number of days of a term from the day after the lapse of four months from the next day of the day when the person having filed the said return came to know the commencement of the succession as provided for in item (2) of the preceding paragraph, to the day when the deficiency tax amount as provided for in Article 25, which has been corrected, is actually paid.
4 In cases under paragraph 1 and the preceding paragraph, if a taxpayer has paid a part of the net worth tax amount as provided for in the respective items of paragraph 1 or of the deficiency tax amount as provided for in the preceding paragraph, the amount of tax as the basis of the computation of the interest on delinquent tax for the term on and after the next day of the payment of such tax shall be the amount of tax obtained by deducting the amount partially paid from the amount of net worth tax as provided for in the respective items of paragraph 1 or the amount of deficiency tax as provided for in the preceding paragraph.
5 The provisions of paragraph 1 and paragraph 3 shall not apply to the case where the net worth tax amount or deficiency tax amount, which is to be used in the computation of interest of delinquent tax, is less than 1,000 yen, a fraction of 1,000 yen in the amount of such tax shall be omitted in such calculation.
6 If the interest on delinquent tax calculated in accordance with the provisions of the preceding five paragraphs is less than 100 yen, such interest on delinquent tax need not be paid.
7 In cases falling under the provisions of paragraph 1 items (2) and (3) if the taxpayer, who filed the return after the term or the revised return as provided for in the same item, has not made a full payment of interest on delinquent tax on the day of payment as provided for in Article 21 paragraph 2 or 3, the chief of taxation office shall demand in accordance with the provision of Article 9 of the National Tax Collection Law, for the full payment of such interest, on delinquent tax.
8 In case the taxpayer is liable to the additional payment of interest on delinquent tax in accordance with the provision of paragraph 1, or, in case the interest on delinquent tax is to be collected additionally in accordance with the provision of paragraph 3, the amount of the tax paid by such taxpayer shall, until the amount of tax paid by such taxpayer reaches to the amount of net worth tax to be paid by such taxpayer in accordance with the provisions of Article 21 paragraphs 1 to 3 inclusive or the amount of the deficiency tax to be collected in accordance with the provision of Article 25, be deemed to have been appropriated for the net worth tax to be paid or the deficiency tax to be collected in accordance with the respective provision;provided, that the application of the provision of Article 28 of the National Tax Collection Law shall not be precluded.
(Negligence Declaration Additional Tax and Non-filing Additional Tax)
Article 34. When the correction has been made in accordance with the provision of Article 23 paragraph 1 or 4, or the revised return has been filed, in case where the return within the term was filed, the chief of taxation offices shall, if he recognizes no justifiable reason for the mistaken estimation of the taxable value or the net worth tax amount corrected or entered in the return or the revised return, collect the amount of negligence declaration additional tax equivalent to the amount obtained by applying 5% to the amount of the deficiency tax corrected in accordance with the provision of Article 25 or to the amount of net worth tax increased as a result of filing such revised return.
2 In cases falling under one of the following items, when the chief of taxation office has recognized no justifiable reason for failure to file the return within the term in the case as provided for in item (1) or (3), or for the mistaken estimation of the taxable value or the net worth tax amount corrected or entered in the return or the revised return in the case as provided for in item (2) or (4), he shall collect the amount of non-filing additional tax equivalent to the amount obtained by multiplying the amount of net worth tax, as provided for in the respective item, according to the length of the applicable term as provided for in the respective items, by 10% in a case of term not more than a month, by 15% in a case of term more than a month but not more than two months, by 20% in a case of term more than two months, but not more than three months, and by 25% in a case of term more than three months:
(1) As for cases where the return after the term has been filed;the term from the next day of the due of filing the return to the day when the return is filed, with respect to the amount of the net worth tax entered in the return;
(2) In cases falling under the provision of the preceding item, if the correction as provided for in Article 23 paragraph 1 or 4 has been made, or the revised return has been filed;the term as provided for in the preceding item, with respect to the amount of the deficiency tax corrected as provided for in Article 25 or the amount of the net worth tax increased as a result of filing the revised return;
(3) As for cases where the determination has been made in accordance with the provision of Article 23 paragraph 2, the term from the next day of the due date of filing the return to the day when the notification of determination as provided for in Article 24 is made, with respect to the amount of deficiency tax corrected as provided for in Article 25;
(4) In cases falling under the provision of the preceding item, if the correction has been made in accordance with the provision of Article 23 paragraph 1 or 4, or the revised return has been filed;the term from the next day of the due date of filing the return to the day when the notification of the correction as provided in Article 24 is issued or the day when such revised return is filed, with respect to the amount of the deficiency tax corrected as provided for in Article 25, or the amount of the net worth tax increased as a result of filing such revised return.
3 In case the return after the term or the revised return has been filed if such return was filed by the taxpayer without anticipating the possible correction or determination as provided for in Article 23, based on the investigation by the tax official, the chief of taxation office shall not collect the negligence declaration additional tax on the net worth tax increased as a result of filing the revised return or the non-filing additional tax, which is equal to an amount obtained by multiplying the amount of net worth tax entered in such return after the term, or the amount of the net worth tax increased as a result of filing such revised return by 5%.
4 The provisions of paragraphs 5 and 6 shall apply mutatis mutandis to the collection of the negligence declaration additional tax or the non-filing additional tax.
5 The chief of taxation office shall, if he has determined the amount of the negligence declaration additional tax or the non-filing additional tax notify the taxpayer of the determined amount of the tax.
6 The provision of Article 20 paragraph 5 shall apply mutatis mutandis to a case under the preceding paragraph.
(Heavy Additional Tax)
Article 35. In the case falling under the provision of paragraph 1 of the preceding Article, if the taxpayer has concealed or disguised his property or liability which is the basis for the computation of his taxable value and if he has filed the return within the term or the revised return based on such concealment or disguise, the chief of taxation office shall collect from such taxpayer the amount of heavy additional tax equivalent to an amount obtained by multiplying the amount of the deficiency tax or the net worth tax as the basis for the computation of the negligence declaration additional tax by the rate of 50%, in lieu of the amount of the negligence declaration additional tax under the same paragraph.
2 In the case falling under the provision of paragraph 2 of the preceding Article, if there is a fact falling under one of the following items, the chief of taxation office shall collect, in addition to the non-filing additional tax, the amount of heavy additional tax equivalent to an amount obtained by multiplying the amount of net worth tax enumerated in each item of the same paragraph by 50%:
(1) In cases falling under the provision of item (1) or (3) of paragraph 2 of the preceding Article, the fact that the taxpayer concealed or disguised the property or liability which is the basis for the computation of the taxable value or failed to file the return within the term based upon such concealment or disguise;
(2) In cases falling under the provision of item (2) of paragraph 2 of the preceding Article, the fact that the taxpayer concealed or disguised the property or liability which is the basis for the computation of the taxable value or filed the return after the term or the revised return based upon such concealment or disguise;
(3) In cases falling under the provision of item (4) of paragraph 2 of the preceding Article, the fact that the taxpayer concealed or disguised the property or liability which is the basis for the computation of the taxable value, or failed to file the return within the term, or filed the revised return on the basis of such concealment or disguise.
3 In the case falling under the provisions of the preceding two paragraphs, if there exist such reasons as provided for paragraph 3 of the preceding Article in respect to the filing of the return after the term or the revised return, the chief of taxation office shall not collect the net worth tax amount entered in such return or the heavy additional tax amount on the net worth tax amount increased as a result of filing of the revised return concerned.
4 The provisions of paragraphs 4 to 6 inclusive of the preceding Article shall apply mutatis mutandis to the case under paragraphs 1 and 2.
(Filing of Statements)
Article 36. A person falling under any of the following items and having his head office or principal office within the enforcement area of this Law shall file the statement as provided for in each of the said items, which was prepared on the basis of the actual circumstances as of the time of taxation, in accordance with the form as may be prescribed by the Ministry of Finance Ordinance, with the chief of the taxation office having the jurisdiction over the place of business or enterprise by the end of January of next year;provided, that the amount of property or liability as enumerated in each of the said items, classified by each person, creditor or beneficiary, which is not more than the amount prescribed by the Ministry of Finance Ordinance, as well as the property owned by the State, local public entity and other corporations and the obligations to such bodies need not be entered in the said statement:
(1) Corporation: Statement concerning its stock or investment, classified by each person, and statement concerning its obligation classified by each creditor;
(2) Trust company (including the bank concurrently engaged in the trust business):Statement concerning the trust property or the right on trust, classified by each beneficiary;
(3) Life insurance company and mutual financing company: The paid premium of life insurance or the paid installment of mujin, classified by each person;
(4) Other financial institutions than the trust company and the insurance company: Statement concerning such interest-bearing deposit, postal savings, interest-bearing installment deposit or trust money as may be prescribed by Cabinet Order and classified by each person.
2 A person as enumerated in each of the items of the preceding paragraph shall, in case the chief of the taxation office having its jurisdiction over the place of payment of taxpayer of net worth tax or of a person deemed liable to pay the net worth tax has requested him to file the statement, prepare and file the statement concerning his property or liability.
(Tax Official's Authority of Inquiry and Examination)
Article 37. A tax official of Tax Administration Agency, tax administration bureau or taxation office may, when it is necessary for the investigation related to the net worth tax, inquire a person as enumerated in each of the following items, or examine the property of a person as enumerated in item (1) or the books and records concerning the said property:
(1) Taxpayer or person deemed liable to pay the tax;
(2) Person who filed the statement under the preceding Article or liable to file it;
(3) Person deemed to have had or have any credit or liability to a taxpayer or to a person deemed liable to pay the tax;
(4) Corporation in which a taxpayer or a person deemed liable to pay the tax is deemed to be or to have been a shareholder or an investor;
(5) Person deemed to have transferred or to have liability to transfer any property to a taxpayer or to a person deemed liable to pay the tax;
(6) Person deemed to have received or to have any right to receive any property from a taxpayer or from a person deemed liable to pay the tax;
(7) Person deemed to have kept or to keep the property in custody of a tax-payer or of a person deemed liable to pay the tax.
2 In the case of inquiry or examination under the provision of the preceding paragraph, the tax official shall carry the certificate of his status with him and show it if requested by the interested party.
3 The authority for inquiry or examination under the provision of paragraph 1 shall not be interpreted as having been recognized for the search of crimes.
(Place of Tax Payment)
Article 38. As regards a person falling under the provision of Article 1 item (1), the domicile located with in the enforcement area of this Law (in case he has no domicile within the enforcement area of this Law, the place of his residence) shall be deemed the place of tax payment;provided, that the place of residence may be made the place of tax payment, by means of notification by the taxpayer to the chief of the competent taxation office of his domicile and the chief of the competent taxation office of his residence.
2 A person falling under the provision of Article 1 item (2) shall decide the place of tax payment and notify it to the chief of the taxation office having the jurisdiction over the place of tax payment. In case there is no such notification, the Director of Tax Administration Agency shall designate the place of tax payment and notify the taxpayer of it.
3 As regards the provision of the proviso to paragraph 1, in case the place of tax payment was declared or designated in accordance with the provision of the preceding paragraph, the place of declaration or designation concerned shall be the place of tax payment of net worth tax for the next year and thereafter, unless the change of the place concerned has been reported to the chiefs of competent taxation offices of new and old tax payment places.
(Administrator for Tax Payment)
Article 39. A person falling under the provision of Article 1 item (2) shall, in order to dispose of the whole of businesses concerning the net worth tax purpose, choose an administrator for tax payment out of persons who have their domiciles within the enforcement area of this Law, and report the name and address of the administrator to the chief of the taxation office having the jurisdiction over the place of tax payment. This shall also apply to the case where a person falling under the provision of Article 1 item (1) has ceased to have domicile and residence within the enforcement area of this Law.
2 The administrator for tax payment reported in accordance with the provision of the preceding paragraph shall be the one for net worth tax for the next year and thereafter, unless the change of the administrator has been reported to the chief of taxation office of taxpayment place.
(Denial of Act or Accounting of Family Corporation)
Article 40, In an act or accounting of family corporation, the admission of which is deemed to result in the unjust decrease of net worth tax burden on a shareholder, partner, its relative or others who have such special relationship with them as may be prescribed by Cabinet Order, the chief of taxation office may compute the taxable value on his own investigation, at the time of correction or determination under the provision of Article 23 notwithstanding the act or the accounting concerned.
2 "The family corporation" under the preceding paragraph shall mean the family corporation under the provision of Article 7-(2) of the Corporation Tax Law (Law No.28 of 1947)
(Prohibition of Imposing Surtax)
Article 41. The local public entity shall not be authorized to impose the surtax on the net worth
CHAPTER VIII Penal Provisions
Article 42. A person who has evaded the net worth tax by fraud or other illegal behaviours shall be punished with the penal servitude for a term not exceeding three years and/or with a fine not exceeding 5,000,000 yen.
2 In case the evaded amount of net worth tax under the preceding paragraph exceeds 5,000,000 yen, the fine under the same paragraph may be, increased up to the amount which exceeds 5,000,000 yen but does not exceed the amount equivalent to the evaded net worth tax, according to the circumstances.
3 In the case under paragraph 1, the chief of, taxation office shall collect the evaded net worth tax at once.
Article 43. A person who has failed to file the return within the term by the due date of filing returns without justifiable reason shall be punished with the penal servitude for a term not exceeding one year or with a fine not exceeding 200,000 yen. Provided, that the punishment may remitted according to the circumstances.
Article 44. A person who falls under any of the following items shall be punished with a penal servitude for a term not exceeding one year or with a fine not exceeding 200,000 yen:
(1) A person who has failed to file a statement as provided for in Article 36 or who has filed a statement entering therein a false matter;
(2) A person who has rejected, obstructed or evaded the examination, under the provision of Article 37, of the property or the books and records concerning the said property;
(3) A person who has submitted the books and records under the preceding item in which false statement was entered;
(4) A person who has not made any answer to the inquiry under the provision of Article 37;
(5) A person who has made a false answer to the inquiry under the preceding item.
Article 45. In case a representative of a corporation or agent, employee or other worker of a corporation or of an individual has violated the provision of Article 42 paragraph 1, Article 43 or the preceding Article in connection with the business or the property of the Corporation or the individual, the corporation or the individual shall, besides punishing the person who has made such violation, also be liable to a fine under each Article concerned.
Article 46. In case a person who is or was engaged in the business related to the investigation of net worth tax has divulged or abused the secrets acquired from such business, the person shall be punished with penal servitude not exceeding two years or with a fine not exceeding 30,000 yen.
Article 47. A person who has reported a false matter about the facts under the provision of Article 32 paragraph 1 to the Director of Tax Administration Agency or the chief of tax administration bureau concerning the net worth tax of other person, shall be punished with penal servitude not exceeding three years or with a fine not exceeding 10,000 yen.
Article 48. To a person who has committed the offense under Article 42 paragraph 1, the provisions of Article 48 paragraph 2, Article 63 and Article 66 of the Criminal Code (Law No.45 of 1907) shall not apply;provided, that this shall not hold good in respect to the case where the penal servitude is to be imposed or in respect to the penal servitude in the case where both the penal servitude and the fine are to be imposed.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation.
2. This Law shall be enforced in Honshu, Hokkaido, Shikoku, Kyushu and their adjacent islands (excluding areas as may be prescribed by Cabinet Order).
Minister of Finance, pro tempore Minister of State UEDA Shunkichi
Prime Minister YOSHIDA Shigeru