The Accessions Tax Law (Law No.73 of 1950) shall be partially amended as follows:
In Article 3 paragraph 1 item 2, "the allowance concerned;" shall be amended as "the allowance concerned (including valuable things);" ;and in item 6 of the same paragraph, "(excluding that falling under item 2." shall be added next to ", the right to receive the payment of the periodic payments concerned" .
In Article 10 paragraph 1 item 2, "mining right" and "mining area" shall be amended respectively as "mining rights, rights to lease of mining lots or quarrying rights" and "mining lot or quarrying place" ;item 5 of the same paragraph shall be made item 7 of the same paragraph;in item 6 of the same paragraph, "or the right to use these rights" shall be added next to "design" ;the same item shall be made item 8 of the same paragraph and item 7 of the same paragraph shall be made item 9 of the same paragraph;the following two items shall be added next to item 4 of the same paragraph:
5. As to claims on loans, the place where the debtor (if there are two or more debtors, the main debtor;if there exists no main debtor, a debtor designated by Cabinet Order) is domiciled or has the head office or principal place of business;
6. As to shares of stock or equities in a corporation, the place in which the corporation issuing or accepting such shares of stock or equities has its head office or principal place of business.
In Article 12 paragraph 1 item 6, "The money which was" shall be amended as "The money, articles or other benefits on properties which were" ;and item 7 of the same paragraph shall be amended as follows:
7. The portion corresponding to the amount up to 200,000 yen, out of the aggregate of insurance proceeds as enumerated in Article 3 paragraph 1 item 1;
8. The allowances as provided for in Article 3 paragraph 1 item 2, which are the portion corresponding to the amount up to the amount computed by multiplying 200,000 yen for each dependent by a ratio that such allowances bear to the aggregate of the allowances as mentioned in the same item, acquired by a successor and other persons due to the death of the decedant.
In Article 16 paragraph 1, "10,000 yen" shall be amended as "20,000 yen" .
In Article 17, "150,000 yen" shall be amended as "300,000 yen" .
In Article 18,"
Not more than 200,000 yen |
25% |
More than 200,000 yen |
30% |
More than 500,000 yen |
35% |
More than 1,000,000 yen |
40% |
More than 1,500,000 yen |
45% |
More than 2,000,000 yen |
50% |
More than 3,000,000 yen |
55% |
More than 4,000,000 yen |
60% |
More than 5,000,000 yen |
65% |
More than 7,000,000 yen |
70% |
More than 10,000,000 yen |
75% |
More than 15,000,000 yen |
80% |
More than 25,000,000 yen |
85% |
More than 50,000,000 yen |
90% |
"shall be amended as"
Not more than 200,000 yen |
20% |
More than 200,000 yen |
25% |
More than 500,000 yen |
30% |
More than 1,000,000 yen |
35% |
More than 2,000,000 yen |
40% |
More than 3,000,000 yen |
45% |
More than 5,000,000 yen |
50% |
More than 10,000,000 yen |
55% |
More than 20,000,000 yen |
60% |
More than 50,000,000 yen |
65% |
More than 100,000,000 yen |
70% |
"
In Article 27 paragraph 1, "October 30" and "within four months" shall be respectively amended as "August 31" and "within six months" ;and the following one paragraph shall be added to the same Article:
4 In case a person who acquired properties due to a succession, bequest or gift has ceased, in the course of a year, to have domicile or residence in the enforcement area of this Law, and has owed the accession tax liability after computing the taxable value for the year on the basis of the value of properties acquired due to the said causes during the term from January 1 of the year to the day when he ceased to have domicile or residence in the enforcement area of this Law, the provision of the said paragraph shall apply by substituting, in paragraph 1, "December 31" for "August 31" , ", bequest or gift" for "or bequest" , and "by the day preceding the day when the six months expire, or the day when he ceased to have domicile or residence in the enforcement area of this Law, whichever earlier" for "within six months" .
In Article 28 paragraph 1, "(the day when he ceases to have domicile or residence, if he ceases to have domicile or residence in the enforcement area of this Law during a term from January 1 to the end of February of the year)" shall be added next to "to the end of the same month" ;and in paragraph 2 and paragraph 3 of the same Article, "November 1" and "within four months" shall be respectively amended as "September 1" and "within six months (by the day when he ceases to have domicile or residence, if he ceases to have domicile or residence in the enforcement area of this Law during the said term)" , and in paragraph 4 of the same Article, "within four months" shall be amended sa "within six months (by the day when he ceases to have domicile or residence, if he ceases to have domicile or residence in the enforcement area of this Law during the said term,)" .
In Article 29 paragraph 1, "within four months" shall be amended as "within six months (by the day when he ceases to have domicile or residence, if he ceases to have domicile or residence in the enforcement area of this Law during the said term,)" .
In Article 35 paragraph 5 item 1 and item 3, "four months" shall be amended as "six months" .
In Article 38 paragraph 1, "(ten years, if the total value of immovable properties, standing trees and other properties designated by Cabinet Order represent 50% or more of the total value of properties acquired due to succession, bequest or gift, after the computation of value of such properties is made on the basis of their taxable value which was a criterion for the computation of the accessions tax or deficiency tax liability)" shall be added next to "five years" .
In Article 45 paragraph 1, "through the chief of taxation office who has made the notice concerned," shall be deleted;and paragraph 3 item 2 of the same Article shall be amended as follows:
2. In case the notice under the provision of paragraph 7 of the preceding Article has not made within a period of three months after the day on which the reinvestigation was requested, the day when such period has expired, except for cases where the claimant otherwise requests.
Article 51 paragraph 7 shall be made paragraph 8 of the same Article;and the following one paragraph shall be added next to paragraph 6 of the same Article:
7 In respect of the accessions tax paid in kind, it shall not be necessary to pay such interest on delinquent tax as corresponds to a period from the day following the due date of payment, under the provision of Article 33 paragraphs 1 to 3 inclusive or Article 37, of the accessions tax or deficiency tax liability for which the payment in kind is allowed, to the day when such tax is deemed to be paid in accordance with the provision of Article 43 paragraph 2.
In Article 52 paragraph 1 item 1, (i) and (ii) shall be amended as follows:
(i) Interest on delinquent tax corresponding to the amount computed by muliplying the installment tax concerned by a rate of 2 sen per 100 yen per diem, according to the number of days from the day following the due date of payment, as provided for in Article 33 paragraphs 1 to 3 inclusive or in Article 37, of the accessions tax or deficiency tax liability for which the deferred payment is allowed (the due date for payment shall be replaced by the starting-day of computation of number of days provided for in paragraph 2 item 2 or paragraph 3 item 2 of the preceding Article, if these provisions are applicable) to the due date of payment of the installment tax (if the payment is made before such date, the day when the installment tax is actually paid)(or, if the payment is made after the due date of payment of the installment tax, there shall be required the additional amount computed by multiplying the tax amount by a rate of 4 sen per 100 yen per diem, according to the number of days from the day following such due date of payment to the day when the tax is actually paid);
(ii) Interest on delinquent tax equal to the amount obtained by multiplying the deferred tax minus the installment tax by a rate of 2 sen per 100 yen per diem, according to the number of days from the due date of payment, as provided for in Article 33 paragraphs 1 to 3 inclusive or in Article 37, of the accession tax or deficiency tax liability to the due date of payment of the installment tax concerned;
(iii) In cases where the provision of paragraph 1 item 1 or 3 of the preceding Article is applicable or the deficiency tax liability under Article 37 is collected, the interest on delinquent tax corresponding to the amount computed by multiplying the deferred tax concerned by a rate of 4 sen per 100 yen per diem, according to the number of days from the day following the due date of payment as provided for in Article 33 paragraph 1 (the starting-day of the computation of number of days as provided for in paragraph 2 item 2 or paragraph 3 item 2 of the preceding Article, if these provisions are applicable) to the due date of payment, as provided for in Article 33 paragraph 2 or 3 or in Article 37, of the accession tax on deficiency tax liability concerned (if the provision of paragraph 1 item 1, paragraph 2 item 1 or paragraph 3 item 1 of the preceding Article is applicable, there shall be added the number of days under paragraph 1 item 1 of the preceding Article).
In Article 52 paragraph 1 item 2, (i) and (ii) shall be respectively amended as follows:
(i) Interest on delinquent tax corresponding to the amount computed by multiplying the installment tax concerned by a rate of 2 sen per 100 yen per diem, according to the number of days from the day following the due date of payment of the previous installment tax to the due date of payment of the installment tax concerned (if the payment is made before such due date, the day when the tax is actually paid)(or, if the payment is made after the due date of payment of the installment tax concerned, there shall be required an additional amount obtained by multiplying the installment tax concerned by a rate of 4 sen per 100 yen per diem according to the number of days from the day following such due date of payment to the day when the tax is actually paid);
(ii) Interest on delinquent tax corresponding to the amount computed by multiplying the deferred tax concerned minus the aggregate of the installment tax paid and to be paid up to date by a rate of 2 sen per 100 yen per diem, according to the number of days from the day following the due date of payment of previous installment tax to the due date of payment of the installment tax concerned.
In Article 57 paragraph 1, "November 1" and "within four months" shall be respectively amended as "September 1" and "within six months" .
In Article 65 paragraph 1, "or to other corporation engaged in the business for public utilities" shall be added next to "corporation as enumerated...... Corporation Tax Law" , and ", except for cases where the provision of Article 66 paragraph 4 is applicable," shall be added next to "In a case where...... shall" .
In the heading of Article 66, "Foundation" shall be amended as "Foundations, Etc." ;and the following one paragraph shall be added to the same Article:
4 The provisions of the preceding three paragraphs shall apply mutatis mutandis to cases where a gift or bequest of property has been made to a corporation as enumerated in Article 5 paragraph 1 item 1 or 3 of the Corporation Tax Law or to other corporation engaged in the business for public utilities, and such gift or bequest is considered likely to result in an improper reduction of the accessions tax liability of a relative of the donor or bequeather or of other persons who are in a special relationship, as provided for in Article 64 paragraph 1, with such donor or bequestor. In this case, the expressions "an unincorporated association or foundation which has representative or manager designated in charter" and "such association or foundation" , as used in paragraph 1, shall respectively read "a corporation" and "such corporation" , and "association or foundation" , as used in paragraphs 1 and 3, shall read "corporation" .