(Taxpayers, etc. of Enterprise Tax)
Article 741. Enterprise tax shall be imposed, for enterprises operated by juridical persons and enterprises of the first and second categories operated by individuals, with income as the taxable basis, by Do, Fu or prefecture where an office or place of work is located, on the juridical or individual persons who operate such enterprises.
2 In regard to non-corporate association or foundation which has provided for a representative or manager, the provisions concerning corporation in this Section shall apply mutatis mutandis.
3 The enterprises of the first category mentioned in paragraph 1 shall be as follows:
(1) Selling of articles business (including the selling business of animals and plants and such other things which are not usually called articles);
(2) Money lending business;
(4) Renting of articles business (including the renting of animals and plants and other things which are not usually called articles);
(5) Manufacturing business (including the business of processing and repairing of articles);
(6) Supply of electricity business;
(7) Supply of gas business;
(8) Earth and stone quarring business;
(9) Wireless communication and broadcasting business;
(10) Transportation business (including the business of forewarding agents;hereinafter the same with respect to the enterprise tax);
(11) Motor highways business;
(15) Cargo unloading place business;
(16) Warehousing business (including the business of accepting articles on deposit and holding them in custody);
(17) Contracting business;
(19) Publishing business;
(20) Photographing business;
(21) Room renting business (Kashi-seki);
(23) Restaurants business;
(24) Go-betweens business;
(27) Wholesalers business;
(28) Money exchange business;
(29) Public bath business;
(30) Theatrical entertainments business;
(31) Gaming houses business;
(32) Amusement parks business;
(33) Other enterprises similar to the enterprises listed in respective preceding items and determined by Cabinet Order.
4 The enterprises of the second categories mentioned in paragraph 1 shall be as follows:
(1) Live-stock breeding (excluding those conducted incidental to agriculture and those conducted mainly by utilizing land);
(3) Other enterprises similar to the enterprises mentioned under the preceding items determined by Cabinet Order.
5 With respect to an enterprise of the first and second category without establishing an office or place of work, the enterprise tax shall be imposed, regarding eiter the residence or dwelling place of the person operating the enterprise which has the closest connection with the said enterprise as the office or place of work.
(Enterprise Tax and Trust Assets)
Article 742. With regard to income accuring from trust assets, a beneficiary who shall receive such an income as benefit from the trust shall be deemed to possess the trust assets and enterprise tax shall be imposed in accordance therewith. However, this shall not apply to jointly operated trust (this shall mean money trust taken on by a trust company which are trust assets of many trustees who do not corporate together, and which are jointly operated;hereinafter the same).
2 With regard to the application of the provision of the preceding paragraph, when the beneficiary is not specially determined or when he does not yet exist, the trustee or his successor shall be deemed to be the beneficiary.
(Extent of Exemption from Enterprise Tax)
Article 743. Do, Fu and prefectures shall not impose enterprise tax on the enterprises listed in each of the following items:
(1) Enterprises conducted by the National Government, To, Do, Fu and prefectures, special cities, towns, villages, special wards and associations similar to above;
(2) Enterprises conducted by juridical persons, religious corporations, school corporations prescribed in Article 34 of the Civil Code and those conducted by juridical person prescribed in Article 64 paragraph 4 of the Private School Law (excluding those parts of enterprises conducted for the porpose of earning profit);
(3) Business conducted by the Public Treasury for People's Finance, the Public Treasury for Residences Finance, the Reconstruction Finance Bank, Kodan based upon laws and orders, Japan Educational Association, Civilian Merchant Marine Committee, Holding Company Liquidation Commission, Closed Institutions Liquidation Commission, Securities Coordinating Liquidation Commission, Japan Monopoly Corporation, Japanese National Railways and Japan Broadcasting Corporation;
(4) Health insurance enterprises of Health Insurance Association and Federation of Health Insurance Association, as well as national health insurance enterprises of National Health Insurance Association, juridical person conducting the business of national health insurance and Federation of National Health Insurance Organizations;
(5) Enterprises conducted by Agricultural Mutual Aid Association, Federation of Agricultural Mutual Aid Association, Fishing Boats Insurance Association and Wood Vessels Insurance Association;
(8) Enterprises of ore mining and placer mining;
(9) Businesses of the second category coducted mainly by family labor and as may be specified by Cabinet Order.
(Taxable Basis of Enterprise Tax)
Article 744. The income mentioned in Article 741 paragraph 1 shall, for the fiscal year 1950-51, be the income of business year from the business year to which January 1, 1950 belongs to the business year immediately preceding the business year to which January 1, 1951 falls and, for the fiscal year 1951-52, the income of the business year from the business year to which January 1, 1951 belongs to the business year immediately preceding the business year to which January 1, 1952 belongs, and liquidated income in the case of a juridical person, and shall be, for the fiscal year 1950-51, the income of business during the fiscal year 1949-50 and, for the fiscal year 1951-52, the income of business during the fiscal year 1950-51 in the case of an individual person.
2 The business year referred to in the preceding paragraph involves business year as stipulated in laws and orders, articles of incorporation, act of endowment, regulations or agreements, and other periods similar thereto.
3 In cases where a juridical person has been dissolved or eliminated by merger in a business year, the period from the beginning of the business year to the time of dissolution or elimination or from the day following the dissolution or elimination to the day of confirmation of remaining assets shall be deemed to be one business year.
4 With regard to the enterprise tax in cases where an individual has wound up his enterprise during the period from January 1 to December 31, 1950, or from January 1 to December 31, 1951 the tax with the income under paragraph 1 as the taxable basis and the tax as the income during the period from January 1 of the same respective years to the date of winding up as the taxable basis shall be imposed immediately after the winding up of the business.
5 The income of a juridical person for each business year shall be the amount obtainable by subtracting the gross loss from gross earning in each business year concerned.
6 With regard to the calculation of the income of a trust company for each business year, the income and expenditure from jointly operated trust shall be deducted respectively from the total profits and total losses.
7 The liquidated income of a corporation shall be the surplus in cases where the value of the remaining assets exceeds the total amount of the shares paid up, amount invested and reserve fund, at the date of the dissolution of the corporation.
8 In the case of amalgamation of juridical persons, when the total amount of the shares paid up or the amount invested, and cash where the shareholders and staff of the juridical person dissolved in consequence of the amalgamation acquire as the result of the amalgamation from the juridical person which remains after the amalgamation or the juridical person established in consequence of the amalgamation exceed the total amount of the shares paid up or amount invested and reserve fund of the juridical person eliminated through the amalgamation at the time of the amalgamation, the surplus shall be deemed to be the liquidated income of the juridical person eliminated through such amalgamation.
9 The income of an individual shall be the amount obtained by subtracting the necessary expenses, for the fiscal year 1950-51, from the total income in the year 1949 or the period from January 1, 1950 to the date of abolition of the enterprise and, for the fiscal year 1951-52, from the total income during the year 1950 or the period from January 1, 1951 to the date of abolition of the enterprise.
10 In cases where the juridical persons under Article 34 of the Civil Code, shall juridical persons or the juridical persons as provided for by Cabinet Order, disburse, in whole or in part, the gross amount of the advantage relating to their business to the social works or other public utilities, such disbursement shall, as provided for by Cabinet Order, be computed as the total losses under the provision of paragraph 5.
11 The amount to be allocated according to number, value of goods and quantity of other works handled by the special juridical person designated by Article 746 paragraph 2 shall be computed as the total losses under the provision of paragraph 5.
12 Profits which a juridical person brought forward from the preceding business year, in case of calculating the income of business year concerned, shall not be computed as the total profits.
13 Losses which a juridical person brought forward from the preceding business year, in case of calculating the income of business year concerned, shall not be computed as the total lossess, however, the losses which occurred in the business year which has commenced within one year before the day of the commencement of each business year concerned in the case of juridical persons, and which have been deducted from the total profits on computation of income of business year after the business year of which the losses occurred, shall be computed as the total losses.
14 With respect to the computation of the taxable basis for the enterprise tax, in addition to those provided for in this Law, provisions shall be prescribed by Cabinet Order.
(Amount of Income to be Taxable Basis of Enterprise Tax for Business which is Conducted in two or More Do, Fu and Prefectures)
Article 745. The total amount of income to be the taxable basis of the enterprise tax for the person who conducts business by establishing offices or places of work in two or more Do, Fu and prefectures shall be determined by the governor of Do, Fu and prefecture where the principal office of place of work is located.
2 In cases where the enterprise tax is imposed on the person who conducts business by establishing offices of places of work in two or more Do, Fu and prefectures, with amount of income as the taxable basis, by Do, Fu or prefectures concerned, the amount of income shall be determined by the governor of Do, Fu or prefecture mentioned in the preceding paragraph.
3 In cases where the governor of Do, Fu or prefecture mentioned in the preceding paragraph has determined the total amount of income, he shall immediately determine the amount of income to be taken as the taxable basis of the enterprise tax imposed by Do, Fu and prefectures concerned in accordance with the provision of the preceding paragraph, and shall notify it to the governors of Do, Fu and prefectures concerned (except the governor of Do, Fu or prefecture mentioned in paragraph 1;hereinafter the same in this Article).
4 The governors of Do, Fu and prefectures concerned may file an appeal of objection with Local Finance Commission in respect of the amount of income determined by the governor of Do, Fu or prefecture mentioned in paragraph 1 in accordance with the provisions of paragraph 2.
5 The filing of an appeal of objection in accordance with the provision of the preceding paragraph shall be made within thirty days from the day of receipt of the notification under the provision of paragraph 3.
6 The decision of the Local Finance Commission on the objection field as provided for in paragraph 4 shall be rendered within sixty days from the days of its receipt.
7 The Local Finance Commission may, in cases where it considers that there exists special necessity, revise the total amount of income determined, in accordance with the provision of paragraph 1 by the governor of Do, Fu or prefecture mentioned in the same paragraph or the amount of income determined in according with the provision of paragraph 2 by the governor of Do, Fu or prefecture mentioned in paragraph 1.
(Rate of Enterprise Tax)
Article 746. The standard rate of the enterprise tax shall be twelve percent for the enterprise conducted by juridical persons (excluding special juridical persons) or the first category enterprise conducted by individual and eight percent for the enterprise conducted by special juridical persons and the second category enterprise conducted by individuals.
2 The special juridical person of the preceding paragraph shall be as follows:
(1) Agricultural Cooperative Associations and Federation of Agricultural Cooperative Associations;
(2) Consumer's Livelihood Cooperative Associations and Federation of Consumer's Livelihood Cooperative Associations;
(3) House Renting Associations and Federation of House Renting Associations, Room Renting Associations and Federation of Room Renting Associations;
(4) Urban Area Trust Associations;
(5) Middle and Small Scale Enterprise and Other Cooperative Associations (except Enterprise Union);
(6) Fishermen's Cooperative Association, Fishermen's Production Association, Federation of Fishermen's Cooperative Associations, Marine Products Processing Cooperative Associations and Federation of Marine Products Processing Cooperative Associations;
(7) Forestry Associations and Federation of Forestry Associations;
(8) Agriculture and Forestry Central Bank;
(9) Commercial and Industrial Association Central Bank;
(10) Mutual Insurance Companies, Securities Exchange and Commercial Goods Exchange on a membership basis.
3 Among the juridical persons enumerated in item (1) and items (6) to (9) inclusive, the enterprise tax shall not be imposed on those which do not cause the members belonging thereto or associations or federations to make investment therein.
4 In case Do, Fu or prefecture imposes at the rate different from the standard rate under the paragraph 1, the governor of Do, Fu or prefecture shall notify the Local Finance Commission in advance.
(Rate of the Enterprise Tax Applicable for a Certain Year)
Article 747. The rate of the enterprise tax on business conducted by juridical persons shall be the rate current in the fiscal year to which the day of the termination of their business year belongs.
(Exemption Point of the Enterprise Tax)
Article 748. Do, Fu or prefecture shall not impose the enterprise tax, when the amount of income to be taken as the taxable basis of the enterprise tax on business conducted by individual persons is less than twenty-five thousand yen. However, in cases where there exists financial or other necessity, the enterprise tax may be imposed even when the amount of income is less than twenty-five thousand yen.
2 Do, Fu or prefecture shall, in case the amount of income to be taken as the taxable basis of the enterprise tax on business conducted by individual person exceeds the amount upon which the enterprise tax may be imposed in accordance with the provisions of the preceding paragraph, impose the enterprise tax on the basis of the entire amount of the said income.
(Exception of the Taxable Basis and Rate of the Enterprise Tax)
Article 749. The taxable basis of the enterprise tax on electricity supply, gas supply and business of transportation, notwithstanding the provisions of Article 741 paragraph 1 and Article 744 paragraph 1, shall be, in respect of those conducted by juridical person, the amount of receipt and income of liquidation in each business year, or in respect of those conducted by individual persons, for the fiscal year 1950-51, the amount of receipt of business during the year of 1949 or during the period from January 1, 1950 to the day of abolition of business and, for the fiscal year 1951-52, the said amount during the year 1950 or during the period from January 1, 1951 to the day of abolition of business. The standard rate in cases where the amount of receipt is the taxable basis shall be 1.6 percent, notwithstanding the provisions of Article 741 paragraph 1.
2 Out of the enterprise tax on electricity supply, gas supply conducted by a juridical person, the taxable basis, for the enterprise tax of the business year to which the period from January 1, 1950 to December 31 of the same year belongs notwithstanding the provisions of the preceding paragraph, shall be the amount of receipt during the period from the day of commencement of the business year concerned to August 31 of the same year plus the amount of receipt during the period from January 1, 1951 of the final date of the business year concerned, and the standard rate, for the amount of receipt, out of the amount of taxable basis, during the period from the day of commencement of the business year concerned to August 31, 1950, shall be 2.4 percent, and, for the amount of receipt during the period from January 1, 1951 to the final date of the business year concerned shall be 1.6 percent.
3 With regard to the taxable basis of the enterprise tax on business other than the business provided for in paragraph 1, such matters as the amount of capital, amount of sales, floor space of a house or rental value thereof, areas of land or rental value thereof, number of employees, etc. may be taken as the taxable basis without reference to the income mentioned in Article 741 paragraph 1 and Article 744, or the income and such taxable basis may be used together, in accordance with the state of business. The rate in this case shall be so determined as not to be extremely out of proportion as to the burden to be borne in the case of the rate of Article 746.
(Period of Payment of Enterprise Tax paid by Individual Person)
Article 750. The period for payment of enterprise tax on business conducted by individual person (except the enterprise tax in accordance with the provision of Article 744 paragraph 4) shall be determined by the by-law of Do, Fu or prefecture concerned, for the fiscal year 1950-51, in September and December and, for the fiscal year 1951-52, in August and November. However, in cases where there is any special circumstance, any period for payment different from the above may be provided for.
(Method of Collection of the Enterprise Tax)
Article 751. The collection of the enterprise tax shall be made by means of ordinary collection.
2 In cases where the enterprise tax is to be collected, the tax bills to be delivered to the taxpayer must be delivered by ten days prior to the final date of payment.
(Obligation to File Returns or Reports relating to Imposition and Collection of the Enterprise Tax)
Article 752. The taxpayer of the enterprise tax must file returns or reports on matters as provided for by the by-law of Do, Fu or prefecture concerned in regard to the imposition and collection of the enterprise tax in accordance with the provisions of the same by-law.
(Offense relating to False Returns, etc. relating to the Enterprise Tax)
Article 753. A person who has field a false returns or reports on the matters to be returned or reported in accordance with the provisions of the preceding Article shall be liable to penal servitude not exceeding one year or a fine not exceeding two hundred thousand yen.
2 In cases where a representative of a juridical person or an agent, employee or other worker of a juridical or individual person has committed the violation mentioned in the preceding paragraph in connection with its business or property, the juridical or individual person shall be liable to a fine mentioned in the same paragraph in addition to the punishment of the offender.
(Non-Criminal Fine for Failure, etc. to File Return on the Enterprise Tax)
Article 754. Do, Fu or prefecture may establish the provision in the by-law of Do, Fu or prefecture concerned to the effect that when the payer of the enterprise tax has failed, without proper cause, to file the returns or reports on the matters to be returned or to be reported in accordance with the provision of Article 752, he shall be liable to non-criminal fine not exceeding thirty thousand yen.
2 A person who has been liable to a non-criminal fine as provided for in preceding paragraph may, when he is dissatisfied with that disposition, the file an appeal of appeal an objection with the governor of Do, Fu or prefecture within thirty days from the day of its disposition.
3 The decision of the governor of Do, Fu or prefecture on the objection appealed as provided for in the preceding paragraph shall be rendered within thirty days from the day of the receipt of the objection.
4 The decision on complains shall be made in writing and shall be delivered, with the reasons therefor stated therein, to the person who has appealed it.
5 In cases where the documents relating to the appeal of objection is sent by mail, the period required for transportation by mail shall not be included in the period mentioned in paragraph 2.
6 Any person who is dissatisfied with the decision on the objection may file a suit with the court.
7 The collection of a non-criminal fine shall not be suspended even when the appeal of objection provided for in paragraph 2 or the suit provided for in the preceding paragraph has been filed. However, the governor of Do, Fu or prefecture may suspend it ex officio or if he considers, upon the request by the persons concerned, it is necessary to do so.
(Tax Official's Rights of Questioning and Examination relating to the Enterprise Tax)
Article 755. If necessary for investigation relating to the imposition and collection of the enterprise tax, tax official of Do, Fu or prefecture may question the persons listed below or examine books, documents and other articles relating to the business of the persons mentioned in item (1) or item (2):
(1) A taxpayer or person who is considered as being obligated to pay taxes;
(2) A person who is considered as being obligated to furnish money or goods to those who are listed in the preceding item;
(3) Person, other than those listed in the preceding two items, who is considered to be directly interested in imposition and collection of the enterprise tax.
2 In the case mentioned in the preceding paragraph, the tax official concerned must carry with him the certificate to prove his status and show it upon requesting by persons concerned.
3 The investigation concerning the action on delinquency relating to the enterprise tax shall be in accordance with the provision of Article 767 paragraph 1, regardless of the provision of paragraph 1.
4 The right of questioning or of examination as provided for in paragraph 1 shall not be interpreted as having been authorized for the criminal research.
(Offense relating to Refusal of Examination, etc. relating to the Enterprise Tax)
Article 756. Any person who falls under any one of the following items shall be liable to penal servitude not exceeding one year or a fine not exceeding two hundred thousand yen:
(1) Any person who has refused, obstructed or evaded the examination of books, documents and other articles which is provided for in the provision of the preceding Article;
(2) Any person who has shown those books and documents mentioned in paragraph 1 of the preceding Article which contain false entries;
(3) Any person who has refued to answer, or given false answers to the questions of tax officials as provided for in the preceding Article.
2 When a representative of a juridical person or an agent, employee or other worker of a juridical or individual person has committed the violations mentioned in the preceding paragraph in connection with its business or property, the juridical person or natural person shall be liable to a fine mentioned in the same paragraph in addition to the punishment of the offender.
(Tax Manager of the Enterprise Tax)
Article 757. If the taxpayers of the enterprise tax have not their permanent residences, dwelling places, offices or places of work in Do, Fu or prefecture to which they owe the obligation to pay tax, they must nominate their respective tax managers from among persons residing within such areas as may be specified by the by-law of Do, Fu or prefecture concerned to make them administer all matters relating to the payment of tax and return them to the governor of Do, Fu or prefecture. The same shall apply when the tax managers have been altered.
(Offense relating to False Return on Tax Manager relating to the Enterprise Tax)
Article 758. A person who has filed a false return in regard to a tax manager to be returned in accordance with the provision of the preceding Article shall be liable to a fine not more than thirty thousand yen.
2 In cases where a representative of a juridical person or an agent, employee or other worker of a juridical or individual person has committed the violation mentioned in the preceding paragraph in connection with its business or property in addition to the punishment of the offender, the juridical or individual person shall be liable to a fine mentioned in the same paragraph.
(Non-Criminal Fine relating to False Return on the Tax Manager of the Enterprise Tax)
Artiele 759. Do, Fu or prefecture may make provisions by the by-law of Do, Fu or prefecture concerned to the effect that in case the taxpayer of the enterprise tax has filed, without proper cause, to file returns in regard to the tax manager to be returned in accordance with the provision of Article 757, he shall be liable to a non-criminal fine not exceeding thirty thousand yen.
2 Any person who has been punished with a non-criminal fine as provided for in the preceding paragraph may, when he is dissatisfied with that disposition, file an appeal of objection with the governor of Do, Fu or prefecture within thirty days from the day of its disposition.
3 The decision of the governor of Do, Fu or prefecture on the objection filed as provided for in the preceding paragraph shall be made within thirty days from the day of its receipt.
4 The decision on the objection shall be made in writing and shall be delivered, with the reasons therefor stated thereins, to the person who has filed it.
5 In cases where the documents relating to the appeal of objection is sent by mail, the period required for transportation by mail shall not be included in the period mentioned in paragraph 2.
6 Any person who is dissatisfied with the decision on the objection may file a suit with the the court.
7 The collection of a non-crimial fine shall not be suspended even when the appeal of objection provided for in paragraph 2 or the suit provided for in the preceding paragraph has been filed. However, the governor of Do, Fu or prefecture may suspend it ex officio or if he considers, upon request by the persons concerned, it is necessary to do so.
(Offense relating to Evasion of the Enterprise Tax)
Article 760. A representative of a juridical person or an agent, employee or other worker who has committed the violation shall be liable to penal servitude for not more than three years or a fine not exceeding five million yen or to both, in case he has evaded the enterprise tax in whole or in part by means of fraud or wrongful acts.
2 Any person who has evaded the enterprise tax in whole or in part by means of a fraud or wrongful acts shall be liable to penal servitude not exceeding three years or a fine not exceeding five million yen or to both.
3 In case where the amount of the evasion mentioned in the preceding two paragraphs exceed five million yen, the amount of the fine mentioned in the respective paragraphs may be an amount exceeding five million yen but less than the amount corresponding to the amount of the evasion, according to circumstance.
4 To a person who has committed the offense mentioned in paragraph 1 or paragraph 2 the provisions of Article 48 paragraph 2, Article 63 and Article 66 of the Criminal Code shall not apply, except with regard to the penal servitude in cases where he is liable to penal servitude or where he is liable to both penal servitude and a fine.
5 When a representative of a juridical person or an agent, employee or other worker of a juridical or individual person has committed the violation mentioned in paragraph 1 or paragraph 2 in connection with the business or property of the juridical or individual person shall be liable to a fine mentioned in this Article in addition to the punishment of the offender.
(Postponement of Final Date for Payment of the Enterprise Tax)
Article 761. The governor of Do, Fu or prefecture may, as may be provided for by the by-law of Do, Fu or prefecture concerned, postpone the final date for payment for those taxpayers who are under special circumstances.
(Reduction and Exemption of the Enterprise Tax)
Article 762. The governor of Do, Fu or prefecture may, through the resolution by its assembly concerned, reduce or exempt the enterprise tax, in cases where natural disasters or special circumstances exist, only of those persons who are considered to require enterprise tax reduction or exemption who are receiving public or private aid for living on account of poverty, or who are under special circumstances.
(Arrearage Charge on the Enterprise Tax paid after the Final Date of Payment)
Article 763. The taxpayers of the enterprise tax shall, in cases where they make the payment of the cases where they make the payment of the tax after the final date of payment (in cases whese the postponement of the final date for payment provided for in Article 761 has been done, the final date so postponed;hereinafter the same with respect to the enterprise tax) they shall make payment by adding thereto the amount of the arrearage charge equivalent to the amount obtained by multiplying the tax amount concerned by the rate of four sen per day per one hundred yen (a fraction of one hundred yen shall be omitted, if any), if the tax amount concerned is one hundred yen or more, in proportion to the number of days from the day following the final date of payment to the day of payment. However, this shall not apply when the amount of the arrearage charge is less than ten yen.
2 The governor of Do, Fu or prefecture may reduce or exempt the amount of the arrearage charge mentioned in the preceding paragraph, when they consider that there exists an inevitable cause for the failure to pay by the final date of payment.
(Remedies for Illegality or Error Involved in Imposition of the Enterise Tax)
Article 764. Any person who has been subjected to the imposition of the enterprise tax may, when he considers that there is illegality or error involved in that imposition, file an appeal of objection with the governor of Do, Fu or prefecture within thirty days from the day of the receipt of the tax bill (in cases where the period for payment has been divided, the day of the receipt of the tax bill for the first period).
2 In cases where the tax bill as provided for in the preceding paragraph has been sent by mail, if the day of its arrival is not definitely known, the day after the lapse of four days from the day of dispatch shall be deemed to be the day of the receipt of the tax bill under the same paragraph. In this case, if the taxpayer is able to prove the day of its arrival, the day so proved shall be deemed to be the day of its receipt.
3 The decision of the governor of Do, Fu or or prefecture on the objection filed as provided for in paragraph 1 shall be made within thirty days from the day of its receipt.
4 The decision on objection shall be made in writing and shall be delivered, with the reasons therefor stated therein, to the person who has filed it.
5 In cases where the documents relating to the appeal of objection is sent by mail, the period required for transportation by mail shall not be included in the period mentioned in paragraph 1.
6 Any person who is dissatified with the decision on the objection may file a suit with the court.
7 The collection of the impositions of local bodies relating to the enterprise tax shall not be suspended even when the appeal of objection provided for in paragraph 1 or the suit provided for in the preceding paragraph has been filed. However, the governor of Do, Fu or prefecture may suspend it ex officio or if they consider, on the basis of request of the persons concerned, it is necessary to do so.
(Reminder relating to the Enterprise Tax)
Artcle 765. If a taxpayer has not made the full payment of the impositions of local bodies relating to the enterprise tax by the final date of payment, the tax official of Do, Fu or prefecture shall issue a letter of reminder within twenty days from the final date of payment. However, this shall not apply when advance collection is made.
2 In the case mentioned in the preceding paragraph, the tax official of Do, Fu or prefecture shall specify a reasonable period for payment within such a term as may be fixed by the by-law of Do, Fu or prefecture concerned.
3 In Do, Fu or prefecture when special circumstances exist, a term different from that provided for in parapraph 1 may be fixe by the by-law of Do, Fu or prefecture concerned.
(Reminder Fee relating to the Enterprise Tax)
Article 766. The tax official of Do, Fu or prefecture shall collect a fee in accordance with the provisions of the by-law of Do, Fu or prefecture concerned, when he has issued the letter of reminder.
(Action on Delinquency relating to the Enterprise Tax)
Article 767. If a person who has received the reminder as provided for in Article 765 has has failed to make the full payment of the impositions of the local body relating to the enterprise tax by the date specified in the letter of reminder, or if a person who has received the notice of change of the final date of payment for purposes of the advance collection has failed to make the full payment of the tax by the final date specified in the notes, the tax official of Do, Fu or prefecture shall make the action on delinquency within such a period as may by provided for by the the by-law of Do, Fu or prefecture concerned, in accordance with the practice of the action of delinquency of the national taxes as provided for in the National Tax Collection Law.
2 Any person who is dissatisfied with the action as provided for in the preceding paragraph may file an appeal of objection against the governor of Do, Fu or prefecture within thirty days from the day of the action.
3 The decision of governor of Do, Fu or prefecture on the appeal of objection filed as provided for in the preceding paragraph, shall be made within sixty days from the day of receipt.
4 The decision on the objection shall be made in writing and shall be delivered, with the reasons therefor stated therein, to the person who has field it.
5 In cases where the documents relating to the appeal of objection is sent by mail, the period required for transportation by mail shall not be included in the period mentioned in paragraph 2.
6 Any person who is dissatisfied with the decision on the objection, may file a suit with the court.
7 The action in accordance with the provision of paragraph 1 may be taken outside the area of Do, Fu or prefecture concerned.
8 The execution of the action shall not be suspended even when the appeal of objection provided for in paragraph or the suit provided for in paragraph 6 has been filed. However, governor of Do, Fu or prefecture may suspend it ex officio or if he considers, on the basis of request of the persons concerned, that it is necessary to do so.
(Offense relating to Action on Delinquency relating to the Enterprise Tax)
Article 768. If a taxpayer of the enterprise tax conceals, damages or disposes of the property, to the disadvantage of the Do, Fu or prefecture concerned, before he is subjected to the action of delinquency for the purpose of evading the action concerned, or if he is subjected to that action after having fraudulently increased liabilities on his property, he shall be liable to penal servitude not exceeding three years or a fine not exceeding two hundred thousand yen or to both. In cases where he commits such acts for the purpose of evading the action concerned after having been subjected to it, the same shall apply.
2 In cases where a third person who has in possession the property of a taxpayer has committed any of the acts provided for in the preceding paragraph for the purpose of making the taxpayer evade the action on delinquency, he shall be liable to the penal servitude or a fine or both under the same paragraph according as the act was committed before or after the execution of the action on delinquency.
3 A person who knowingly has become a party in any of the acts provided for in paragraph 1 to the taxpayer or a third person having in possession the property of the taxpayer before the taxpayer is subjected to the action on delinquency shall be liable to penal servitude not exceeding two years or a fine not exceeding one hundred thousand yen or to both, when the action concerned has been executed. The same shall apply to a person who knowingly becomes a party in any of the acts provided for in paragraph 1 to a taxpayer or a third person having in possession the property of the taxpayer after the action on delinquency has been executed.
4 If a representative of a juridical person or an agent, employee or other worker of a juridical or individual person has committed the violations mentioned in the preceding three paragraphs in connection with its business or property, not only the offender shall be punished but also the juridical or individual person shall be liable to a fine mentioned in respective paragraphs.
(Offense concerning Refusal of Examination relating to Action on Delinquency of the Enterprise Tax according to the National Tax Collection Law)
Article 769. In the cases of Article 769 paragraph 1, a person who has refused, obstructed or evaded the examination of the tax official of Do, Fu or prefecture conducted by applying mutatis mutandis the provision of Article 21-(2) paragraph 2 of the National Tax Collection Law shall be liable to a fine not exceeding thirty thousand yen.
2 When a representative of a juridical person or an agent employee or other worker of a juridical or individual person has committed the violation mentioned in the preceding three paragraphs in connection with its business or property, not only the offender shall be punished but also the juridical or individual person shall be liable to a fine mentioned in the same paragraph.
(Request for Hand-Over relating to the Enterprise Tax)
Article 770. In cases where taxpayer of the enterprise tax falls under any one of following items, tax official of Do, Fu or prefecture shall request the administrative organ concerned, local body, court of execution, marshal, compulsory administrator, administrator in bankruptcy, liquidator, or inheritor who has given limited recognition, to hand-over the impositions of the local body relating to the enterprise tax. However, in cases where there exists any property to be attached, he may attach it at once:
(1) When he has been subjected to an action on delinquency in connection with national taxes, local taxes and other public levies;
(2) When he has been subjected to compulsory execution;
(3) When he has been declared bankrupt;
(4) When the auction has commenced;
(5) When a juridical person has been dissolved;
(6) In cases where inheritance has commenced with respect to the taxpayer, when the inheritor has given limited recognition.
(Additional Arrearage Charge relating to the Enterprise Tax)
Article 771. When the tax official of Do, Fu or prefecture has issued the letter of reminder, he shall collect an additional arrearage charge computed at four sen per day per one hundred yen (a fraction of one hundred yen shall be omitted, if any), if the enterprise tax amount is one hundred yen or more, in proportion to the number of days from the day following the final date specified in the letter of reminder to the day of the full payment of the tax or the attachment of property. However, this shall not be collected in case listed below and in case the additional arrearage charge is less than ten yen:
(1) When advance collection is to be made;
(2) When it is considered that there are inevitable circumstances, such as suspension of traffic, for the failure to make the full payment of the tax by the final date specified in letter of reminder.
2 The amount of the additional arrearage charge under the preceding paragraph shall not exceed five percent of the taxes.
(Application Mutatis Mutandis of the Anti-National Tax Evasion Law to the Offense relating to the Enterprise Tax)
Article 772. With regard to the offenses relating to the enterprise tax, the provisions of the Anti-National Tax Evasion Law (excluding Article 19-(2) and Article 22) shall apply mutatis mutandis.
Article 773. In the case of the preceding Article, the function of the chief of the National Tax Bureau shall be performed by the governor of Do, Fu or prefecture and that of the chief of the taxation office by the governor of Do, Fu or prefecture or by the chief or the branch office, office of local affairs or the office in charge of handling the taxation affairs established by the by-law of Do, Fu or prefecture concerned, and the function of the tax official of the National Tax Bureau or the taxation office shall be performed by the taxation official of Do, Fu or prefecture who is designated by governor of Do, Fu or prefecture performs the function of the chief of the taxation office, his function shall be restricted to the offense relating to the enterprise tax that may be discovered in the area outside the jurisdiction of the person who performs the function of the chief of taxation office other than the governor of Do, Fu or prefecture.
Article 774. In the case of Article 772, any person who performs the function of tax official may investigate the case of offense relating to the enterprise tax outside the area of Do, Fu or prefecture to which he belongs.
Article 775. In the case of Article 772, the offense relating to the enterprise tax shall be interpreted as the offense relating to the tax other than the indirect national tax.