I hereby promulgate the Law for Partial Amendments to the Capital Levy Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-sixth day of the eleventh month of the twenty-sixth year of Showa (November 26, 1951)
Prime Minister YOSHIDA Shigeru
Law for Partial Amendments to the Capital Levy Law
The Capital Levy Law (Law No.52 of 1946) shall be partially amended as follows:
In Article 3 paragraph 1, "Art.1051 of the Civil Code" shall be amended as "Art.951 of the Civil Code."
In Article 25 paragraph 1, "Art.8 of the Land Tax Law or Art.6 of the House Tax Law" shall be amended as "Art.8 of the old Land Tax Law or Art.6 of the old House Tax Law" .
In Article 46 paragraph 5, "(in respect to the reassessments or governmental assessment on the taxable amount declared in the return to be filed pursuant to the provision of Art.38 par.1 item 1 or Art.39 par.1, within three years after the day when the computation of the value of property or the amount of debt under Art.34 becomes possible)" shall be added next to "5 years" .
Articles 51 to 54 inclusive shall be amended as follows
Articles 51 to 54 inclusive. Deleted.
Articles 63 shall be amended as follow:
In Article 74 paragraph 2, "the Corporation Tax Law" shall be amended as "the old Corporation Tax Law (Law No.25 of 1940)" .
Paragraphs 3 and 4 of the Supplementary Provisions shall be deleted.
Supplementary Provisions:
1 This Law shall come into force as from the day of its promulgation.
2 The Emergency Property Investigation Ordinance (Imperial Ordinance No.85 of 1946) shall be abolished.
3 In case a person who was subjected to the capital levy (including a person who becomes subjected to the capital levy, if the value of property or the amount of debt provided for in Article 34 of the Capital Levy Law is included in the basis for computation of the taxable amount) has properties or contracts for which he must make a return pursuant to Articles 2 to 4 inclusive of the old Emergency Property Investigation Ordinance and has failed to make a return on them at the time of enforcement of this Law, he may make a return in accordance with Articles 2 to 4 inclusive of the same Ordinance, even after the enforcement of this Law.
4 With respect to properties and contracts as provided for in the preceding paragraph, the provisions of Article 9 and Article 10 of the old Emergency Property Investigation Ordinance shall still be effective;provided, that the same shall not apply to properties or contracts for which a return under the provision of the preceding paragraph has been filed.
5 If a person other than that provided for in paragraph 3 intends to exercise the right to properties or contracts provided for in Articles 2 to 4 inclusive of the old Emergency Property Investigation Ordinance for which no return has filed at the time of enforcement of this Law, he shall, in accordance with the provisions of Ministry of Finance Ordinance, present a document certifying that he is not subject to the capital levy.
6 In the case where the return under the provision of paragraph 3 has been filed, the chief of taxation office shall collect an amount of capital levy equal to the balance between the amount of tax which is computed in accordance with the provisions of Articles 23 and 24 of the Capital Levy Law by including the amount, valued in accordance with the provisions of Chapter III of the Capital Levy Law, as to the properties or rights to contracts declared in such return (if a return has been already filed in accordance with the provision of paragraph 3 in respect of properties and rights to contracts, they shall be included, and properties as provided for in Article 34 of the Capital Levy Law shall be excluded) into the basis for computation of the taxable amount provided for in Article 23 of the same Law and the amount of tax which has been or is to be imposed in accordance with the same Law (if there is an amount of tax which has come to be collected in accordance with the provision of this paragraph, such tax amount shall be added).