Law for Partial Amendments to the Law concerning Reduction, Exemption and Postponement of Collection of Tax for Sufferers from Calamities
法令番号: 法律第60号
公布年月日: 昭和27年3月31日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Law concerning Reduction, Exemption and Postponement of Collection of Tax for Sufferers from Calamities.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-seventh year of Showa (March 31, 1952)
Prime Minister YOSHIDA Shigeru
Law No.60
Law for Partial Amendments to the Law concerning Reduction, Exemption and Postponement of Collection of Tax for Sufferers from Calamities
The Law concerning Reduction, Exemption and Postponement of Collection of Tax for Sufferers from Calamities (Law No.175 of 1947) shall be partially amended as follows:
In Article 1, "and the filing of return and application concerning the tax (including application for reinvestigation;hereinafter the same) shall be amended as" and the filing of returns, applications and claims concerning the tax".
In Article 2 paragraph 1, "if his total income is not more than 300,000 yen for the year of damage" shall be amended as "if the aggregate of his total income prescribed in Article 9 paragraph 1 of the same Law and the amount computed in accordance with the provision of item 6 of the same paragraph as to his retirement income prescribed in the same item is, for the year of damage, not more than 800,000 yen (hereinafter referred to as" aggregate income ")" , "If his total income does not exceed 150,000 yen" shall be amended as "If his aggregate income does not exceed 250,000 yen" and "If his total income exceeds 150,000 yen......50% of his income tax" shall be amended as
"If his aggregate income does not exceed 500.000 yen ...50% of his income tax
If his aggregate income exceeds 500,000 yen ...25% of his income tax":
and in paragraph 2 of the same Article, "total income" shall be amended as "aggregate income" , and "or paragraph 2" shall be deleted.
Article 3 shall be amended as follows:
Article 3. If a person who filed the July provisional return prescribed in Article 21 paragraph 1 of the Income Tax Law (including a person who has been deemed to have filed the return in accordance with the provision of Article 21-(2) paragraph 10 of the same Law) has suffered damage from calamities on or after July 2 of the year concerned and he has become subject to the application of the provision of paragraph 1 of the preceding Article after computing, as of the day when the calamities have occurred, the estimated amount of his aggregate income for the year in which the calamities occurred, and if the estimated amount of his aggregate income or the estimated tax amount computed by applying the provision of the same paragraph on the basis of the estimated amount concerned does not exceed the aggregate income or the estimated tax amount as stated in the return concerned (including the estimated tax amount computed on the basis of the estimated amount of the income tax for which the notification under the provision of Article 21-(2) paragraph 10 of the same Law has been made), the person concerned may, as may be prescribed by order, claim, notwithstanding the provision of Article 23 paragraph 2 of the same Law, the correction of the estimated amount of his aggregate income or the estimated tax amount under the provision of the same paragraph within the period of two months from the day when such calamities have occurred.
If a person provided for in Article 1 paragraph 1 of the Income Tax Law who receives the earned income as provided for in Article 9 paragraph 1 item (5) of the same Law, has suffered a severe damage from calamities on his residential house or household effects, and, if the estimated amount of his aggregate income for the year concerned does not exceed 500,000 yen as of the day when the calamities have occurred, the Government may, as may be prescribed by order, postpone the collection of tax under the provision of Article 38 paragraph 1 of the Income Tax Law in respect of the earned income for the year concerned which is to be received on and after the day when the calamities have occurred, or refund the tax amount which was already collected in accordance with the provision of the same paragraph in respect of the earned income received during a term from January 1 of the said year to the day immediately preceding the day when the calamities have occurred.
A person who, in accordance with the provision of the preceding paragraph, enjoyed postponement of the tax collection under the provision of Article 38 paragraph 1 of the Income Tax Law on his earned income, or refund of the tax amount already collected on his earned income in accordance with the provision of the said paragraph shall file a return as provided for in Article 26 paragraph 1, Article 26-(2) paragraph 1 or Article 29. paragraph 1 or 2 of the same Law as for the year in which he receives such earned income. In this case, the provision of Article 26 paragraph 2 of the Income Tax Law shall not apply thereto.
In Article 8, "the return and application" shall be amended as "the return, application and claim" .
In Article 10, "Article 2, Article 4" shall be be amended as "Article 2 to Article 4 inclusive" .
Supplementary Provision:
This Law shall come into force as from April 1, 1952, and the amended provision of Article 2 shall apply to the income tax for the year 1952 and thereafter.
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru