I hereby promulgate the Law for Partial Amendments to the Accessions Tax Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-eighth day of the third month of the twenty-sixth year of Showa (March 28, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Accessions Tax Law
The Accessions Tax Law (Law No.73 of 1950) shall be partially amended as follows:
In Article 7, "a person responsible for his care ((this shall mean the relative as referred to in Article 877 of the Civil Code (Law No.9 of 1898))" shall be amended as "a person responsible for his care ((this shall mean a spouse and the relative as referred to in Article 877 of the Civil Code (Law No.9 of 1898))" .
The following one item shall be added in Article 12 paragraph 1:
(7) The amount of money up to 100,000 yen out of the total of the insurance proceeds as enumerated in Article 3 paragraph 1 item (1).
In Article 14 paragraph 2, "playing-set tax," shall be deleted and "the Local Tax Law (Law No.1950)" shall be amended as "the Local Tax Law (Law No.226 of 1950)" .
The following one Article shall be added next to Article 35:
(Term for Correction)
Article 35-(2). With respect to the taxable value or accessions tax for the taxable year for which a person filed the return, final return or overdue return relating to such return or final return, or statement under the provision of Article 57 paragraph 1, (including the statement which was filed after the due date of filing the said statement), the correction (excluding the correction to decrease the taxable value or accessions tax amount) or determination under the provision of the preceding Article may not be made on or after the date on which three years have elapsed from the due date of filing the return, final return or statement under the provision of Article 75 paragraph 1 (or, if the return, final return, over due return or statement were filed before the said date, on or after the said date or the date on which two years have elapsed from the actual filing date of the return, final return, overdue return or statement, whichever is the later);provided that this shall not apply to the accessions tax imposed on the person who was exempted from the accession tax by fraud or other unjust action.
2 The provisions of the preceding paragraph shall not be construed to prevent the application of the provisions of other laws concerning the prescription.
In Article 36 paragraph 1, "the preceding Article" shall be amended as "Article 35" .
In Article 45 paragraph 6, "the Director of Tax Administration Agency or" shall be deleted.
In Article 56 paragraph 1, "from the first day to the last day of February" shall be amended as "from January 1 to 31" .
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation;provided that the amended provisions of Article 12 paragraph 1 item (7) and Article 35-(2) shall apply to the accessions tax to be imposed on the property acquired due to a succession, bequest or gift on or after January 1, 1951.
2 In a case where a person who acquired the property enumerated in Article 3 paragraph 1 item (1) of the Accessions Tax Law due to a succession or bequest on or after January 1, 1951 has filed, at the time of enforcement of this Law, the estimative return in which the value of such property was included into the taxable value, if the taxable value or accessions tax amount stated in such return has been excessive as a result of the enforcement of the amended provision of Article 12 paragraph 1 item (7) of the same Law, he may claim the correction on such estimative return under the provision of Article 32 paragraph 1 of the same Law within four months after the enforcement of this Law.
3 With respect to the taxable value or accessions tax for the taxable year for which a person filed the return, final return or overdue return relating to such return or final return, or statement under the provision of Article 57 paragraph 1 of the Accessions Tax Law (including the statement which was filed after the due date of filing the said statement) as regards the property acquired due to succession, bequest or gift on or before December 31, 1950, the correction (excluding the correction to decrease the taxable value or accessions tax amount) or determination on taxable value or accessions tax amount under the provisions of Article 35 of the Accessions Tax Law shall not be made on or after April 1, 1955, even before the expiration of prescription term, except for cases where taxpayer has evaded the accessions tax by fraud or other unjust behaviours.