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<strong>OFFICIAL</strong> <strong>GAZETTE</strong><br />

ENGLISH 80VERNMENT PRINTING AGENCY j<br />

EDITIONJ BBinn-f-*+~nR&n mzmmm<br />


The Committee shall be composed of a chairman<br />

and members not exceeding eight in number.<br />

The Chairman and members of the Committee<br />

shall be appointed by the Minister of Finance<br />

from among personnel of government agencies<br />

concerned and persons of learning and experience,<br />

and their tenure of office shall be two years.<br />

The Chairman and members shall serve parttime.<br />

The following one paragraph shall be added to<br />

Article 70:<br />

The member shall not take part in the deliberation<br />

of matters he has interests in.<br />

Article 71 shall be deleted; in Article 72, "and<br />

passed a resolution", shall be added next to "completed<br />

its examinations"; Article 72 shall be made<br />

Article 71; and the following one Article shall<br />

be added next to the same Article:<br />

Article 72. Other than those provided for in Article<br />

69 to the preceding Article inclusive, matters<br />

necessary to the organization and operation<br />

of the Committee shall be determined by<br />

Cabinet Order.<br />

Article 73 shall be amended as follows:<br />

Article 73. The Minister of Finance shall take<br />

a decision on the appeal, on the basis of the<br />

resolution under Article 71.<br />

The complainant, who is dissatisfied with the<br />

decision of the Minister of Finance under the<br />

preceding paragraph, may take the case to court.<br />

In Article 75 paragraph 3, "Import Tariff<br />

Table No. 412-2" shall be amended as "Import<br />

Tariff Table No. 1211-2".<br />

In Article 79, "or overland transporter" shall<br />

be amended as "overland carrier, export or import<br />

declarant"; item 1 of the smae Article shall<br />

be made item 4 of the same Article; and the numbering<br />

of the subsequent items shall be moved<br />

by three; and the following three items shall be<br />

added to the same Article as items 1, 2 and 3:<br />

1. In case the declaration made under the provisions<br />

of Article 31 is false;<br />

2. In case the certification made under the<br />

provisions of Article 31-(3) is false;<br />

3. In case the accompanying documents submitted<br />

under the provisions of Article 32 are<br />

false.<br />

In Article 81, "Article 17" shall be amended<br />

as "Article 11 or 17". v<br />

In Article 82-(3), "Article 79 item 1 or 3"<br />

shall be amended as "Article 79 items 1 to 4 inclusive<br />

or item 6".<br />

The following one Article shall be added next<br />

to Article 85:<br />

Article 85-(2). Any person, who has found an<br />

article regarded as involved in offence under<br />

Articles 74 to 76-(2) inclusive, shall promptly<br />

submit such article to the nearest customs office,<br />

or police station irrespective of the provisions<br />

of the Law concerning the Lost Articles and<br />

the Sea Casualties Rescue Law.<br />

In the case where police officer, police official<br />

or mayor of city, town or village regards the<br />

articles submitted in accordance with the provision<br />

of the preceding Article, or the lost articles,<br />

driftages or submerged articles taken in<br />

his custody in accordance with the provisions<br />

of the Laws under the preceding paragraph,<br />

as the article coming under the provision of<br />

the preceding paragraph, he shall submit them to<br />

the nearest customs office at once.<br />

In Article 86, "or those articles which have<br />

been found hidden or abandoned by suspected offender<br />

of customs laws and regulations and those<br />

articles which have been submitted or delivered<br />

in accordance with the provisions of the preceding<br />

Article" shall be added next to "documents, etc.<br />

which have been optionally submitted by those<br />

persons".<br />

Article 86-(2) and Article 86-(3) shall be made<br />

Article 86-(3) and Article 86-(4) respectively;<br />

and the following one Article shall be added next<br />

to Article 86:<br />

Article 86-(2). The superintendent of custom<br />

house shall, in case it becomes unnecessary to<br />

keep retaining the articles, books, documents<br />

and others which have been hold in custody in<br />

accordance with the provisions of the preceding<br />

Article, 'return them to the person entitled<br />

to such return.<br />

In case the article, which has been returned<br />

in accordance with the provision of the preceding!<br />

paragraph, is the one submitted or delivered<br />

in pursuance of the provisions of Article 85-<br />

(2), the receiver in such article shall pay the<br />

finder of such article an amount not less than<br />

five-hundredths and not more than twentyhundredths<br />

of the value of such article as reward;<br />

provided however, that any finder of such<br />

article, who has failed, within seven day as from<br />

the day of the finding, to go through the formalities<br />

under Article 1 paragraph 1 or Article<br />

11 paragraph 1 of the Law concerning the Lost<br />

Articles, Article 24 paragraph 1 of the Sea<br />

Casualities Rescue Law, or Article 85-(2) paragraph<br />

1 of this Law, and any person, who has<br />

found such article in the course of his official<br />

duty, shall not claim for such reward.<br />

When, on account of the unknown whereabout<br />

of the person, who is entitled to the return of<br />

article under the provision of paragraph 1, or<br />

for, other reasons, the return of such article<br />

is unable to be effected, the superintendent of<br />

custom house shall make public notice to that<br />

effect.<br />

--2--<br />

-r


"in case no claim for the return has been<br />

made within six months as from the day of<br />

the public notice as provided for in the preceding<br />

paragraph, the article shall revert to the<br />

Treasury.<br />

^ In case the article under paragraph 1 is live<br />

animal or plant, or is rotten or feared to rot,<br />

or do damage to the warehouse or the other<br />

articles stored therein, it may be put on public<br />

sale irrespective of the time limit under the<br />

preceding paragraph.<br />

The provisions of Article 6 of the Law concerning<br />

the Lost Articles and the provisions<br />

of Articles 51-(2) and 52 of the Customs Law<br />

^ shall apply mutatis mutandis to the claim for<br />

reward under paragraph 2 and the public sale<br />

under the preceding paragraph respectively.<br />

In Article 93, "attachment" shall be added next<br />

to "search".<br />

In Article 94, "or minor fine" shall be deleted.<br />

In Article 98 paragraph 1, "Article 74, 75, 76<br />

or-76-(2)" shall be amended as "Articles 74 to<br />

76-(2) inclusive", "10%" as "20%", and "200,000<br />

yen" as "500,000 yen" respectively; and the following<br />

two paragraphs shall be added to the same<br />

Article :<br />

In the case where an article involved in the<br />

suspected violation under any of Articles 74<br />

to 76-(2) inclusive was delivered to the customs<br />

office, the police station, or the mayor of city,<br />

town or village, if such article has reverted to<br />

the Treasury, an amount of money not exceeding<br />

twenty-hundredths of the value of such article<br />

may be given as reward; provided however,<br />

that, the amount of such reward shall not<br />

exceed 500,000 yen in any case.<br />

The provision of the preceding paragraph<br />

shall not apply to the case where the article<br />

provided for in the said paragraph, has been<br />

found by a person through illegal act or by<br />

*" the public service personnel in the course of<br />

his duty.<br />

The following two paragraphs shall be added<br />

to Article 101-(2) :<br />

The customs official may, at the factory using<br />

the articles exempted from import duty in<br />

accordance with the provisions of Article 9 of<br />

the Customs Tariff Law or at its storing place,<br />

examine raw materials, manufactured goods,<br />

by-products, manufacturing tools and machines,<br />

f or books and documents relating thereto.<br />

The customs official may, at the factory using<br />

the articles exempted from import duty in accordance<br />

with the provision of Article 10 paragraph<br />

1 of the Customs Tariff Law or at its<br />

storing place, examine such articles or the books<br />

and documents relating thereto.<br />

Articles 101-(7) and 101-(8) shall be amended<br />

, as follows:<br />

-3<br />

Article l01-(7). fhe custom house shall be<br />

opened temporarily for those who have been<br />

specially permitted by the superintendent of<br />

custom house to do business on Sunday, holiday<br />

and outside the regular hours of business on<br />

any day other than Sunday and holiday.<br />

Article 101-(8). The superintendent of customs<br />

shall despatch customs officials to the private<br />

bonded areas and the places provided for in<br />

Article 101-(2) paragraph 3.<br />

Article 101-(9). Any person, who has obtained<br />

the approval under Article 10 paragraph 2 of<br />

the Customs Tariff Law, shall, in accordance<br />

with the provisions of Cabinet Order, pay the<br />

despatch fee at the rate prescribed by Cabinet<br />

Order and on the basis of the number of customs<br />

officials to be despatched in accordance<br />

with the provision of the preceding paragraph<br />

and the duration of despatch.<br />

Article 101-(10). Any person,-who has obtained<br />

the special permission under Article 17, Article<br />

18 paragraph 1, Article 26, Article 29-(2) Article<br />

31-(2) or Article 101-(7), shall, in accordance<br />

with the provisions of Cabinet Order, pay<br />

the special permission fee.<br />

The amount of the special permission fee<br />

under the preceding paragraph shall be determined<br />

on the basis of the number of hours, for<br />

which the custom house is opened for business<br />

on Sunday, holiday, or outside the regular hours<br />

of business on any day other than Sunday arid<br />

holiday, in the case of a fee to be paid by<br />

the person who has obtained the special permission<br />

under Article 17, Article 26 or Article 101-<br />

(7), or on the basis of the net tonnage of the<br />

foreign trade vessed in the case of a fee to be<br />

paid by the person who has obtained the special<br />

permission under Article 18 paragraph 1, or by<br />

applying mutatis mutandis the provision of the<br />

preceding Article in the case of a fee to be paid<br />

by the person who has obtained the special permission<br />

under Article 29-(2), and on the basis<br />

of the number of hours required for the examination<br />

in the case of a fee to be paid by<br />

the person who has obtained the special permission<br />

under Article 31-(2).<br />

Article 101-(11). The uniform regulations for<br />

the customs personnel shall he prescribed by<br />

Cabinet Order.<br />

In "Name of Harbors" column of the Annexed<br />

Table, "Fushiki-Higashi-iwase" and "Ebisu" shall<br />

be amended as "Fushiki-Toyama" and "Ryotsu"<br />

respectively.<br />

Supplementary Provision t<br />

This Law shall come into force as from April<br />

1, 1951.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru


I hereby promulgate the Law for Partial Amendments<br />

to the Commodity Tax Law.<br />

Signed: HIROHITQ, Seal of the Emperor<br />

Thjs thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Law No. 77<br />

Law for Partial Amendments to the Commodity<br />

Tax Law<br />

The Commodity Tax Law (Law No. 40 of 1940)<br />

shall be partially amended as follows:<br />

Article 1 paragraph 1 Class II item 3 shall be<br />

amended as follows:<br />

3. Saccharine, dulcin and artificial solid<br />

sweetening stuffs for seasoning made therefrom.<br />

Article 2 paragraph 1 Class IT item 3 shall be<br />

amended as follows:<br />

3. Saccharine, dulcin and artificial Solid<br />

sweetening stuffs for seasoning made therefrom:<br />

(a) Saccharine and dulcin.,..1,000 yen<br />

per 1 kilogram.<br />

(b) Artificial solid sweetening stuffs for<br />

seasoning made from saccharine or dulcin<br />

..,.1,000 yen per 1 kilogram of saccharine<br />

or dulcin used as material.<br />

In Article 3 paragraph 3, "and computation of<br />

sticks of matches" shall be amended as "and computation<br />

of sticks of matches and of quantity of<br />

saccharine or dulcin used as material of the artificial<br />

solid sweetening stuffs for seasoning made<br />

from saccharine or dulcin".<br />

In Article 4, "as for the artificial solid sweetening<br />

stuffs for seasoning made from saccharine or<br />

dulcin, the quantity of saccharine or dulcin used<br />

for the artificial solid sweetening stuffs for seasoning<br />

concerned which were carried out of the<br />

manufactory, and" shall be added next to "as for<br />

the soft drinks other than bottled under Class<br />

II item 4, the quantity of carbonic-acid gas used<br />

for the soft drinks which are carried out of the<br />

manufactory".<br />

In Article 8 paragraph 1, "as for the artificial<br />

solid sweetening stuffs 'for seasoning made from<br />

saccharine or dulcin, the quantity of saccharine<br />

or dulcin used for the artificial solid sweetening<br />

stuffs for seasoning concerned, and" shall be added<br />

next to "as for the soft drinks other than<br />

bottled under Class II item 4, the quantity of<br />

carbonic-acid gas used for the manufacture thereof".<br />

In Article 16-(2), ", to paste the commodity<br />

tax certificate with respect to the commodities<br />

under Classes I and II (excluding commodities<br />

deemed to have been carried out in accordance<br />

with the provisions of Article 7 paragraph 1 item<br />

T or 2 and commodities carried out in accordance<br />

with the provisions of Article 11 paragraph 1,<br />

Article 12 paragraph 1 or Article 13 paragraph<br />

1) or certificate with such indication as it is a<br />

commodity to be imposed the commodity tax in<br />

place of the commodity tax certificate (this certificate<br />

be referred to as "commodity tax indication<br />

certificate"; hereinafter the same) and" shall<br />

be added next to "to issue the receipt note", and<br />

the following four paragraphs shall be added to<br />

the same Article:<br />

"'*"A person who was ordered to paste the commodity<br />

tax certificate or commodity tax indication<br />

certificate in accordance with the provision<br />

of the preceding paragraph shall record the<br />

kind and number of the commodity tax certificates<br />

or commodity tax indication certificates<br />

pasted every month in the return under the<br />

provision of Article 8 paragraph 1, and report<br />

them to the tax authority.<br />

The government shall prepare the commodity<br />

tax certificate under the provision of paragraph<br />

1 and deliver it to the manufacturer of commodities<br />

under Class I or II in accordance with<br />

the provisions of Order.<br />

When a manufacturer of commodities under<br />

Class I or Class II intends to get the indication<br />

under paragraph 1 to be shown in commodity<br />

tax indication certificate under the same<br />

paragraph, he shall submit papers with trade<br />

mark or other signs or drawings to be pasted<br />

on the commodities under Class I or II manufactured<br />

by him and shall get the indication<br />

under the same paragraph on such papers.<br />

The forms of the commodity tax certificate,<br />

and of indication under the provision of paragraph<br />

1 shall be determined by the Minister<br />

of Finance.<br />

The following one Article shall be added next<br />

to the same Article:<br />

Article 16-(3). The manufacturer or seller of<br />

the commodities under Class I or II may not<br />

transfer or obtain by transfer the commodity<br />

tax certificate or commodity tax indication certificate<br />

under the provision of Article 16-(2)<br />

paragraph 1 (excluding the one pasted on the<br />

commodities under Class I or II) ; provided that<br />

this shall not apply to the certificate not yet<br />

pasted, if he has got the approval of the Government.<br />

The manufacturer of commodities under Class<br />

I or Class II shall not use the commodity tax<br />

certificate or commodity tax indication certificate<br />

pasted on the commodities under Class I<br />

or Class II in accordance with the provision of<br />

Article 16-(2) paragraph 2 for the purpose of<br />

pasting it on the commodities other than those<br />

concerned under Class I or Class II in accordance<br />

with the provision of the same paragraph.<br />

The seller of commodities under Class I or<br />

4-


v<br />

"f<br />

Class II shall not break wilfully the commodity<br />

tax certificate or commodity tax indication<br />

certificate pasted on the commodities under<br />

Class I or II which he possesses for the purpose<br />

of selling.<br />

In Article 18 paragraph 2, "(as for object of<br />

art and curios, that retailed)" shall be added next<br />

to "the commodities relating to the offence under<br />

the preceding paragraph".<br />

In Article 19 item 1, "or paragraph 2" shall<br />

be amended as "or paragraph 2 or Article 16-(2)<br />

paragraph 2"; and in item 2 of the same Article,<br />

"Article 16-(2)" shall be amended as "Article 16-<br />

(2) paragraph 1"; and the following one item<br />

shall be added to the same Article:<br />

3. A person who has violated the provision of<br />

Article 16-(3) paragraph 1 or 2<br />

Article 20 item 3 shall be made item 4 of the<br />

same Article; and the following one item shall<br />

be added next to item (2) of the same Article:<br />

3. A person who has violated the provisions<br />

of Article 16-(3) paragraph 3. *<br />

In Article 22-(2), "and Article 20 to the preceding<br />

Article inclusive" shall be amended as<br />

", Article 20 and the preceding Article".<br />

Supplementary Provisions :<br />

1 This Law shall come into force as from April<br />

1, 1951.<br />

2 In case a manufacturer has filed the return<br />

under paragraph 3 with respect to such artificial<br />

solid sweetening stuffs for seasoning made<br />

from saccharine or dulcin on which the commodity<br />

tax had already been imposed before<br />

the enforcement of this Law as was held by<br />

the manufacturer at the time of the enforcement<br />

of this Law, the saccharine or dulcin used<br />

as material shall be deemed to have been carried<br />

back to the manufactory at the date of<br />

enforcement of this Law.<br />

3 A person who holds in his manufactory the<br />

artificial solid sweetening stuffs for seasoning<br />

prescribed in the preceding paragraph 2 at the<br />

time of enforcement of this Law, shall report<br />

the material, quantity and storage place of the<br />

commodities to the taxation office having jurisdiction<br />

over the manufactory within a month<br />

from the enforcement of this Law (or before<br />

the commodities are carried out, if they are<br />

carried out of the manufactory within a month<br />

from the enforcement of this Law).<br />

4 A person who has, since before the enforcement<br />

of this Law, been manufacturing and will<br />

continue to manufacture the artificial solid<br />

sweetening stuffs for seasoning made from<br />

saccharine or dulcin shall report to that effect<br />

to the competent taxation office within a month<br />

after the enforcement of this Law,<br />

-5<br />

5 The report under the preceding paragraph shall<br />

be made by filing the return stating therein<br />

his address, name or title, name of commodities<br />

manufactured and his manufactory with the<br />

competent taxation office.<br />

6 A person who has made the report under the<br />

provision of paragraph 4 shall be deemed to<br />

have filed the return under the provisions of<br />

Article 15 of the Commodity Tax-Law on the<br />

day of enforcement of this Law.<br />

7 A person who has not made the report under<br />

the provisions of paragraph 4 shall be deemed<br />

not to have filed the return under the provisions<br />

of Article 15 of the Commodity Tax Law.<br />

8 The Anti-Imitation Stamps Law (Law No. 189<br />

of 1947) shall be partially amended as follows:<br />

In Article 1, "or commodity tax certificate<br />

under the provisions of Article 16-(2) of the<br />

Commodity Tax Law" shall be added next to<br />

"stamps", "or indication under the provision of<br />

Article 16-(2) of the Commodity Tax Law"<br />

shall be added next to "seals", "thereto" shall<br />

be amended as "to these seals, stamps and indications",<br />

and "or indication" shall be added<br />

next to "seal impressions".<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

I hereby promulgate the Law for Partial Amendments<br />

to the National Tax Collection Law.<br />

Signed: HIROHITO, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Law No. 78<br />

Law for Partial Amendments to the National<br />

Tax Collection Law<br />

The National Tax Collection Law (Law No. 21<br />

of 1897) shall be partially amended as follows:<br />

In Article 2 paragraph ,1, ", demand charges<br />

for taxpayment and disposal charges of delinquency"<br />

shall be amended as "and disposal<br />

charges of delinquency" and "hereinafter the<br />

same in this Article" shall be deleted, and in<br />

paragraph 2 of the same Article, ", demand<br />

charges for taxpayment and disposal charges of<br />

delinquency" and "the collecting sum of the local<br />

public body" shall be respectively amended as<br />

"and disposal charges of delinquency" and "other<br />

national taxes, disposal charges of delinquency<br />

and collecting sum by the local public body";<br />

paragraph 3 of the same Article shall be deleted,<br />

and in paragraph 4 of the same Article, ", demand<br />

charges for taxpayment and disposal charges<br />

of delinquency" and "shall not be collected in preference<br />

to the collecting sum of the local public


ody" shall be respectively amended as "and disposal<br />

charges of delinquency" and "shall be collected<br />

later than the collecting' sum by the local<br />

public body relating' to the attachment"; and the<br />

following two paragraphs shall be added next to<br />

the same apragraph:<br />

In a case where a taxpayer has been subject<br />

to the disposal of delinquency, compulsory execution,<br />

opening of auction or adjudication of<br />

bankruptcy on account of the delinquency of<br />

public charges, the national tax and disposal<br />

charges of delinquency which have been demanded<br />

by a tax collector to be delivered from the<br />

interested administrative organization, public<br />

body, court of execution, bailiff, coercive administrator<br />

or bankruptcy administrator shall<br />

be collected in the same order as such collecting<br />

sum by the local public body as demanded<br />

to be delivered from such person. In this<br />

case, the national tax, disposal charges of delinquency<br />

and collecting sum by the local public<br />

body, which had been already due before<br />

the said dispositions were made shall be collected<br />

in preference to the national tax, disposal<br />

charges of delinquency and the collecting<br />

sum by the local public body which have been<br />

due after such dispositions.<br />

In applying the latter part of the preceding<br />

paragraph, the due date of payment of the<br />

interest on delinquent tax, negligence declaration<br />

additional, tax, negligence payment additional<br />

tax, non-filing additional tax, withholding<br />

additional tax, light additional tax and<br />

heavy additional tax, (hereinafter referred to<br />

as "the interest on delinquency tax and additional<br />

taxes") delinquent additional tax and disposal<br />

charges of delinquency among the national<br />

tax and the due date of payment of the demand<br />

charges, negligence declaration additional money,<br />

non-filing1 additional money, heavy additional<br />

money, delinquent money, delinquent additional<br />

money and disposal charges of delinquency among<br />

the collecting sum by the local public<br />

body shall be respectively the due date of payment<br />

of national tax and local tax to be collected<br />

*together with the abovementioned taxes and<br />

money.<br />

In paragraph 5 of the same Article, "public<br />

charges" shall be amended as "public charges<br />

other than the national tax and the collecting<br />

sum by the local public body", and "bailiff (shittatsuri)"<br />

as "bailiff (shikkori)", and ", demand<br />

charges for taxpayment and disposal charges of<br />

delinquency" as "and disposal charges of delinquency",<br />

and "shall not be collected in preference<br />

to" as "shall be collected later than"; and in paragraph<br />

6 of the same Article, "demand charges for<br />

taxpayment and disposal charges of delinquency"<br />

shall be amended as "disposal charges of delinquency".<br />

6-<br />

In Article 4-(l) item 7 shall be made item 8<br />

of the same Article; and the following one item<br />

shall be added next to item 6 of the same Article:<br />

In case a taxpayer has become to have neither<br />

domicile nor residence within Japan without appointing<br />

any administrator for taxpayment.<br />

Article 4-(2) and Article 4-(3) shall be respectively<br />

amended as follows:<br />

Article 4-(2). In the case of the beginning of<br />

succession, the successor (including the general<br />

bequestee) or the estate shall be liable to pay<br />

the national tax which is to be imposed on or<br />

to be paid by the decedent (including the general<br />

bequester; hereinafter the same) and shall<br />

be liable to pay the national tax and disposal<br />

charges of delinquency which have not been<br />

paid by the decedent; provided that, a successor<br />

who has effected the qualified acceptance<br />

shall be liable for taxpayment to the.extent of<br />

the value of property received due to the succession.<br />

In the case under the preceding paragraph,<br />

if there are two or more sucessors or general<br />

bequestees, they shall be liable to pay the national<br />

tax and disposal charges of delinquency<br />

to the extent of such amount as computed by<br />

dividing the national tax and disposal charges<br />

of delinquency to be paid under the same paragraph<br />

in proportion to, the value of property<br />

received by each of them due to the secession<br />

or bequest. In this case, they shall be jointly<br />

liable for payment of the national tax and disposal<br />

charges of delinquency to the extent of<br />

the value of the property received due to the<br />

succession or bequest.<br />

Article 4-(3). In the case of amalgamation of<br />

corporations, a corporation which survives after<br />

the amalgamation or which is newly created due<br />

to the amalgamation shall be liable to pay the<br />

national tax which is to be imposed on or to<br />

be paid by a corporation which ceases to exist<br />

due to the amalgamation and the national tax<br />

and disposal charges of delinquency which have<br />

not been paid by the corporation which ceases<br />

to exist due to the amalgamation.<br />

Article 4-(4). In the case of dissolution of a corporation,<br />

if such corporation has distributed or<br />

transferred its residual assets, without paying<br />

any national tax which is to be imposed on or<br />

to be paid by the said corporation and any<br />

national tax and disposal charges of delinquency<br />

which have not been paid by the said corporation,<br />

the liquidator and the persons to whom<br />

the residual assets have been distributed or<br />

transferred shall be jointly liable to pay such<br />

tax and charges; provided that, the liquidator '<br />

shall be liable for taxpayment to the extent of<br />

the value of assets distributed or transferred


V<br />


Articles 7 and 8 shall be amended as follows:<br />

Article 7. In a case where a taxpayer comes under<br />

any of the following items, the Government<br />

may, if it deems it difficult to collect the national<br />

tax to be collected or disposal charges of<br />

delinquency to be paid by the taxpayer in lump<br />

sum cash,, postpone the collection of the whole<br />

or a part of the national tax or disposal charges<br />

of delinquency concerned only for one^-year-period,<br />

by an application of the taxpayer, to the<br />

extent of the amount which is deemed difficult<br />

to be collected or paid in lump sum cash:<br />

1. In case a taxpayer's property has suffered<br />

from earthquake, storm, flood, lightening, fire<br />

or the like, or theft;<br />

2. In case a taxpayer or his relative has been<br />

taken ill;<br />

8. In case a taxpayer has discontinued or suspended<br />

his business;<br />

4. In case a taxpayer's business has suffer-ed<br />

a serious loss;<br />

5. In case there occurs any event similar to<br />

that enumerated in each of the preceding<br />

items.<br />

Tihe same shalljapply to the case where a<br />

taxpayer on whom the national tax (excluding<br />

the interest on delinquent tax and the additional<br />

taxds; hereinafter the same in this paragraph)<br />

was imposed after the lapse of one year from<br />

the time when the Government can exercise the<br />

taxing power to the tax concerned is difficult<br />

to pay the whole or a part of tax to toe collected<br />

due to the assessment (including the interest<br />

on delinquent tax, additional taxes, delinquent<br />

additional tax and disposal charges of delinquency,<br />

which are related to the national tax concerned)<br />

in lump sum cash; provided that the<br />

application for the postponement of collection<br />

Shall be made by the due date of payment of the<br />

national tax concerned, and the period to be<br />

postponed shall not *be over one year from the<br />

due date of payment of the national tax concerned.<br />

In case the collection may be postponed in<br />

accordance with Article 9 of tihe Law concerning<br />

Reduction, Exemption and Postponement of<br />

Collection of Tax for Sufferers from Calamities<br />

(Law No. 175 of 1947), the postponement of<br />

tax collection on account of the calamity concerned<br />

shall, notwithstanding the provision of<br />

paragraph 1, be subject to the provisions of the<br />

same Law.<br />

Article 7-(2). The Government may, in the case<br />

of postponement of tax collection under paragraph<br />

1 of the preceding Article, if the amount<br />

of tax of which collection may be postponed exceeds<br />

50,000 yen and the Government recognizes<br />

necessity for securing the collection of the tax<br />

concerned, procure adequate security within the<br />

limit of the amount of which payment is to be<br />

postponed.<br />

The Government shall, in the case of the<br />

postponement of tax collection under paragraph<br />

2 of the preceding Article, procure the security<br />

within the limit of the amount of which collection<br />

is postponed; provided that the same shall<br />

not apply to the cases where the amount of<br />

wihich collection may be postponed is not more<br />

than 50,000 yen and where it is difficult to procure<br />

the adequate security due to the special<br />

causes.<br />

In the case of procuration of the security under<br />

the preceding two paragraphs, if there is<br />

any property already attached concerning the<br />

national tax and disposal charges of delinquency<br />

of which payments may be postponed, the amount<br />

of security concerned shall not exceed<br />

the amount of which collection may be postponed,<br />

minus the value of the property attached.<br />

In case the Government has postponed the<br />

collection under the preceding Article, if there<br />

is any property already attached concerning the<br />

national tax and disposal charges of delinquency<br />

of which collection was postponed, the Government<br />

may release such attachment by an<br />

application of the taxpayer.<br />

In case the Government recognizes that the<br />

value of security will be decreased or that the<br />

fund of guarantor will become insufficinet to the<br />

amount of which collection was postponed or<br />

the attachment was released under the preceding<br />

paragraph, the Government may claim the<br />

increase of security, offering of other securities,<br />

or the change of guarantor or security.<br />

The necessary matters concerning the kind<br />

of security and precedure for offering of the<br />

security shall be prescribed by Cabinet Order.<br />

Article 7-(3). In case a person who got a benefit<br />

of postponement of collection in accordance<br />

with Article 7 comes under any one of the foling<br />

items, the Government may cancel wholly<br />

or partially the postponement of collection concerning<br />

the national tax and disposal charges of<br />

delinquency of which collection was postponed<br />

and collect it in lump sum. In this case, the<br />

Government shall hear in advance the explanation<br />

of a person who got a benefit of postponement<br />

of collection, except for the emergent case:<br />

1. Where a taxpayer has failed to pay the<br />

national tax and disposal charges of delinquency<br />

which is allowed to be paid in instalment,<br />

by the due date of payment;<br />

2. Where a taxpayer has not obeyed the request<br />

under paragraph 5 of the preceding<br />

Article ;<br />

Q mmmm


3. Where a person who got a benefit of postponement<br />

of collection has recovered his means<br />

and the Government recognizes that it is not<br />

necessary to postpone the collection under the<br />

same condition as before;<br />

4. It seems to be impossible to collect the national<br />

tax and disposal charges of delinquency<br />

of which payment was postponed, within the<br />

postponement period as a result of the occurrence<br />

of a reason falling under any one<br />

of the items of Article 4-(l).<br />

In case a person who got a benefit of postponement<br />

of collection in accordance with Article<br />

7 has failed to pay the national tax and<br />

disposal charges of delinquency of which collection<br />

was postponed, by the due date of payment<br />

or in case the Government collects the<br />

tax and charges in accordance with the preceding<br />

paragraph, if there is any security procured<br />

concerning the national tax and disposal charges<br />

of delinquency to be collected, the Government<br />

shall dispose such security in the same<br />

manner as in the case of disposal of delinquency<br />

to appropriate for the amount of national tax,<br />

disposal charges of delinquency to be collected<br />

and expenses foir the disposition, or let the guarantor<br />

pay the national tax and disposal charges<br />

of delinquency to be collected. In this case, if<br />

the value of security is insufficient for the amount<br />

of national tax and disposal charges of<br />

delinquency to be collected an/1 expenses for disposition<br />

of such security, the disposal of delinquency<br />

shall be made on other property of taxpayer,<br />

and if his guarantor fails to pay the amount<br />

to be collected in full, the disposal of<br />

delinquency shall be made upon the taxpayer's<br />

property and if there still remain some deficits<br />

or the disposal of delinquency does not cover<br />

the deficit, the disposal of delinquency shall be<br />

made on the property of the guarantor.<br />

For purposes of application of Article 32,<br />

the guarantor under the preceding paragraph<br />

shall be deemed to be the taxpayer.<br />

In case the collection was postponed in accordance<br />

with Article 7, if the property attached<br />

concerning the national tax and disposal<br />

charges of delinquency involves the credit or<br />

such property as yields natural fruit or legal<br />

fruit, the Government may appropriate the<br />

property rceeived from the third obligor or the<br />

natural or legal fruit already acquired, for national<br />

tax and disposal charges of delinquency<br />

of which collection was postponed, even after the<br />

collection was postponed. In this case, if the<br />

property received from third person or the natural<br />

or legal fruit already acquired is other<br />

than currency, the Government shall dispose<br />

such property or fruit in accordance with Arti-i<br />

cle 24 or Article 25 to appropriate for such national<br />

tax and disposal charges of delinquency.<br />

In case the security which was offered for the<br />

national taxes and disposal charges the collection<br />

of which was postponed in accordance with<br />

Article 7 is subject to the delinquency disposal<br />

or to the coercive execution or is put at the public<br />

sale for the payment of the delinquent public<br />

charges otflier than those national taxes and<br />

disposal charges in, question, if the administrative<br />

organ, public body, court of execution, bailiff<br />

or compulsory administrator is required to<br />

deliver the national taxes and disposal charges<br />

in question, but only to the extent of the amount<br />

not exceeding the value of the security<br />

shall be collected in preference to the national<br />

taxes, disposal charges and the collecting sum<br />

by local public body (excluding the disposal<br />

* charges and demand charges for the national<br />

or local taxes in respect to which the security<br />

was subject to delinquency disposal) in respect<br />

to which the security was subject to delinquency<br />

disposal or to which organ, body or person<br />

is required to deliver.<br />

Article 8. In case the tax collection was postponed<br />

in accordance with Article 7 paragraph 1<br />

item 1 or 2 or in accordance with Article 9 of<br />

Law No. 175 of 1947, or in case delinquency<br />

disposal was suspended in accordance with Article<br />

12 paragraph 1, the amount of interest accrued<br />

during the term of postponement or suspension<br />

on delinquent tax of which the collection<br />

was postponed or in respect of which the delinquent<br />

disposal is suspended shall be wholly or<br />

ipartially exempted.<br />

Article 9 paragraph 2 shall be amended as follows:<br />

The due date to be designated, in the demand<br />

note under the preceding paragraph, shall be<br />

the day after ten days or more from the day<br />

when the note is issued, provided that, this<br />

shall not apply to the case where the cause under<br />

any item of Article 4-(l) is found.<br />

In paragraph 3 of the same Article, "the interest<br />

on delinquent tax to be paid in addition<br />

to the tax amount and the negligence declaration<br />

additional tax, negligence payment additional tax,<br />

non-filing additional tax, withholding additional<br />

tax, light additional tax,.additional tax and heavy<br />

additional tax to be collected in addition to the<br />

tax amount by virtue of the Income Tax Law and<br />

the other Laws" shall be amended as "the interest<br />

on delinquent tax, additional tax and such<br />

additional tax provided for in Article 62-(4) paragraph<br />

1 of the Income Tax Law"; in paragraph<br />

D of the same Article/'; provided that, in cases under<br />

items 3 to 5 inclusive, the exemption may be<br />

allowed only to the extent of the amount corresponding<br />

to the term of postponement or suspension."<br />

shall be added next to "may be exempted;";<br />

and item 3 of the same paragraph shall be made


item 6 of the same paragraph; and the following<br />

three items shall foe added next to item 2 of the<br />

same paragraph:<br />

?>. In case the tax collection was postponed<br />

in accordance with Article 7 paragraph 1 or<br />

in, accordance with Article 9 of Law No. 175<br />

of 1947;<br />

4. In case the delinquency disposal was suspended<br />

in accordance with Article 12 paragraph<br />

1;<br />

5. In case the delinquency disposal was postponed<br />

in accordance with Article 12-(2) paragraph<br />

1.<br />

The following one paragraph shall be added in<br />

the same Article:<br />

The demand under paragraph 1 shall possess<br />

the validity of interruption of prescription regardless<br />

of the provision of Article 153 of the<br />

Civil Code.<br />

In Article 10 item (1), "the demand charges<br />

and" shall be deleted.<br />

Article 12 shall be amended as follows:<br />

Article 12. The Government may, if a delinquent<br />

taxtpayer falls under any of the following items,<br />

suspend the exercise of disposal of delinquency:<br />

1. In case the value of the property to be attached<br />

seems to be less than the total of disposal<br />

charges of delinquency and of the credit<br />

to be collected in preference to the national<br />

tax in accordance with Article 3;<br />

2. In case there remain the national tax and<br />

disposal charges of delinquency to be collected,<br />

even if the whole of the property to be<br />

attached is subject to the disposal of delinquency<br />

;<br />

3. In case it is feared that the livelihood of<br />

a delinquent taxpayer becomes seriously difficult<br />

if the disposal of delinquency is made;<br />

4. In ease a delinquent taxpayer's whereabout<br />

can not be known and his property to be<br />

attached can not be known.<br />

The Government shall, if it has suspended<br />

the exercise of delinquency disposal in accordance<br />

with the preceding Article, notify a delinquenqt<br />

taxpayer to that effect.<br />

The Government shall, in case it has suspended<br />

the exercise of delinquency disposal in<br />

accordance with paragraph 1 item 1 or 3, if<br />

there, exists any property attached with respect<br />

to the national tax and disposal chai'ges of<br />

delinquency for which the exercise of delinquency<br />

disposal has been suspended, release the attachment<br />

concerned.<br />

In case a delinquent taxpayer falls under any<br />

of the following items within a three-year-period<br />

after the suspension of the exercise of delinquency<br />

disposal under paragraph 1, the Goveminent<br />

shall release the suspension of the<br />

exercise. In this case, the Government shall<br />

notify a delinquent taxpayer to that effect:<br />

10<br />

1. In case the exercise of delinquency disposal<br />

has been suspended in accordance with paragraph<br />

1 item 1 and a fact under the same<br />

item has come not to exist, and also there is<br />

no fact under item 3 of the same paragraph;<br />

2. In case the exercise of delinquency disposal<br />

has been suspended in accordance with paragraph<br />

1 item 2 and any property to be attached<br />

has come to exist, and also there are<br />

no facts under items 1 and 3 of the same<br />

paragraph ;<br />

3. In case the exercise of delinquency disposal<br />

ihas been suspended in accordance with paragraph<br />

1 item 3 and a fact under the same<br />

item has come not to exist and also there is<br />

no fact under item 1 of the same paragraph;<br />

4. In, case the exercise of delinquency disposal<br />

has been suspended in accordance with paragraph<br />

1 item 4 and a fact'under the same item<br />

has come not to exist and also there is no fact<br />

under items 1 and 3 of the same paragraph.<br />

The obligation of payment of the national<br />

tax and disposal charges of delinquency for<br />

wihich the jexercise of delinquency disposal has<br />

been suspended shall lapse on the day when a<br />

three-year-period has passed after the susipenpension<br />

of the exercise, unless the suspension<br />

has been released in accordance with the preceding<br />

paragraph.<br />

The suspension of delinquency disposal under<br />

paragraph 1 shall not preclude the advance of<br />

prescription.<br />

Article 12-(2). Except for a case falling under<br />

Article 7 paragraph 1, in case it is feared that<br />

the business of a delinquent taxpayer is seriously<br />

impeded if the delinquency disposal is taken<br />

and also in case it seems more favorable for<br />

purposes of collection of national tax and of<br />

disposal charges of delinquency to suspend the<br />

exercise of the delinquency disposal than to make<br />

the exercise immediately, the Government may<br />

put off the exercise a£ delinquency disposal<br />

against the Whole or a part of national tax and<br />

disposal charges of delinquency by designating<br />

a certain term not exceeding two years.<br />

The Government shall, if it has put off the<br />

exercise of delinquency disposal under the provisions<br />

of the preceding paragraph, notify a<br />

delinquent taxpayer to that effect.<br />

Within a term for which the exercise of delinquency<br />

disposal has been put off in accordance<br />

with paragraph 1, if a deliquent taxpayer falls<br />

under any of the following items, the Government<br />

shall release the putting-off of the exercise.<br />

In this ease the Government shall notify a<br />

r delinquent taxpayer to that effect:<br />

1. In case there occurs a fact under each item<br />

of Article 4-(l) ;


2. In case%a delinquent taxpayer has fallen<br />

in delinquency with respect to other national<br />

taxes in addition;<br />

3. In case it has come not to be feared that<br />

the business of a delinquent taxpayer is seriously<br />

impeded even if the delinquency disposal<br />

is taken;<br />

4. In case it has come not to seem more favourable<br />

for purposes of collection of national<br />

tax and disposal charges of delinquency to<br />

put off the exercise of delinquency disposal.<br />

Within a term for which the delinquency disposal<br />

has been put off, the prescription for the<br />

national tax and disposal charges of delinquency<br />

far which the delinquency disposal has been<br />

postponed in accordance with paragraph 1 shall<br />

not advance.<br />

In Article 15, "to the transferee who has known<br />

such affairs" shall be deleted; and the following<br />

proviso shall be added to the same Article:<br />

; provided that, the same shall not apply in<br />

case the transfere or subsequent purchaser did<br />

not know such fact at the time of transfer or<br />

subsequent purchase.<br />

In Article 16 paragraph 1 item 2, "Provisions,<br />

chacoal and firewood for three months necessary<br />

for....his co-living relatives" shall be amended<br />

as "Provisions^ charcoal aind firewood for six<br />

months necessary for the life of his co-living<br />

relatives"; item 3 of the same paragraph shall be<br />

made item 5 of the same paragraph, and the numbering<br />

of the ensuing items shall be moved down<br />

'by two; and the following two items shall be added<br />

next to item 2 of the same paragraph:<br />

3. Utensile, fertilizer, horses and cows and<br />

fodder for them mecessary for the "agriculture<br />

of the farmer who is engaged in agriculture<br />

mainly toy his own labour and seeds<br />

necessary to continue the agriculture, by the<br />

next harvest.<br />

4. Necessary articles (excluding merchandise)<br />

for operating the businesses of engineers,<br />

mechanics and labourers who are engaged in<br />

occupation or business with his own mental or<br />

physical labour, other than the person under<br />

the preceding item.<br />

In Article 17, "(excluding articles under paragraph<br />

1 item 3 or 4 of the preceding Article)"<br />

shall be added next to "Such articles as enumerated<br />

below", and "demand charges for taxpayment,"<br />

shall be deleted; and in item 2 of the same Article,<br />

"occupation" shall be amended as "occupation oar<br />

business".<br />

In Article 21-(2) shall be made Article 21-(3) ;<br />

and the following one Article shall be added next<br />

to Article 21:<br />

Article 21-(2). While the tax collector is making<br />

disposal attachment or taking out the attached<br />

property under Article 20, the tax col-<br />

11-<br />

lector may prohibit any person from coming in<br />

and cut of the place concerned without approval<br />

other than the delinquent taxpayer, his co-living<br />

relatives, witness under the preceding Article<br />

and the person having the right to represent<br />

the delinquent taxpayer ibefore the Government<br />

or court as for the report, application and other<br />

matter concerning the taxpayment of the delinquent<br />

taxpayer.<br />

In Article 23-(1) paragraph 2, "demand charges<br />

for taxpayment," shall be deleted.<br />

In Article 28 (paragraphs 1 and 2, "demand charges<br />

for taxpayment," shall be deleted; and in paragraph<br />

3 of the same Article, "demand charges<br />

for taxpayment" shall be deleted.<br />

In Article 29, "demand charges for taxpayment,"<br />

shall be deleted.<br />

Article 31 shall ibe amended as follows:<br />

Article 31. The delinquency disposal shall be executed<br />

by the tax collector of tax administration<br />

bureau or tax office having jurisdiction over<br />

the delinquent taxpayer; provided that, if the<br />

property attached or to be attached is located<br />

outside the jurisdiction area of the tax administration<br />

bureau or tax office concerned, the<br />

tax collector may transfer the business of delinquency<br />

disposal to the other tax collector of<br />

tax administration 'bureau or tax office having<br />

jurisdiction over the place where the property<br />

is located.<br />

In Article 31-(5), " , demand charge for taxpayment"<br />

shall be deleted.<br />

In Article 31-(6) paragraphs 1 and 3, " ,demand<br />

chairge for taxpayment" shall be deleted; in paragraph<br />

4 of the same Article, " ,demand charge for<br />

taxpayment" shall be deleted, and "farm return"<br />

shall 'be amemded as "return under Article 29 paragraph<br />

1 or 2 of the same Law".<br />

In Article 32-(2), "Article 21-(2)" shall be<br />

amended as "Article 21-(3)".<br />

Supplementary Provisions :<br />

1 This Law shall come into force as from April<br />

1, 1951.<br />

2 For the application of the provisions of Article<br />

2 paragraphs 4, 5 and 7, Article 4-(2) to<br />

Article 4-(4) inclusive, Article 7 to Article 7-<br />

(3) inclusive, Article 12 and Article 12-(2) of<br />

the National Tax Collection Law after amendments<br />

(hereinafter referred to as the "New<br />

Law"), tftie demand changes for taxpayment<br />

aind arrearages shall, for the time being, be<br />

deemed as disposal charges of delinquency.<br />

3 The provisions of Article 2 paragraphs 4 and<br />

5 of the new Law shall apply to the priority in<br />

collection between national tax and demand charges<br />

demanded to be delivered by tax official of<br />

the persons as enumerated in paragraph 4 of<br />

the same Article at the time of or after the<br />

enforcement of this Law and the collecting sum


y local public bodies (meaning the collecting<br />

sum by local public bodies as provided for in<br />

paragraph 1 of the same Article; hereinafter<br />

the same).<br />

4 The provision of Article 2 paragraph 7 of the<br />

.new Law shall apply to the priority in collection<br />

between national taxes and disposal charges<br />

of delinquency to be collected after the enforcement<br />

of this Law.<br />

5 The provisions of Article 4-(2) and Article 4-<br />

(3) of the new Law shall apply to the national<br />

taxes and disposal charges of delinquency concerning<br />

decedent (including general bequestee)<br />

in case the succession has begun or corporation<br />

ihas ibeen amalgamated after the enforcement of<br />

this Law or corporation to be dissolved due to<br />

amalgamation; provided that, as for the national<br />

taxes and disposal charges of delinquency<br />

concerning decedent in case the succession has<br />

begun before the enforcement of this Law, the<br />

old Law shall still prevail.<br />

6 The provisions of Article 4-(4) of the new<br />

Law shall apply to the national taxes and disposal<br />

charges of delinquency concerning corpora*<br />

tion which 'has distributed or delivered the residual<br />

assets after the enforcement of this Law.<br />

7 The provisions of Article 4-(6) and Article 4-<br />

(7) shall apply to the national taxes and disposal<br />

charge of delinquency which have not been paid<br />

after the enforcement of this Law.<br />

$ The provisions of Article 8 and Article 9 paragraiph<br />

9 item 3 of the new Law shall also apply<br />

to the interest on delinquent tax and delinquent<br />

additional tax on national taxes of which collection<br />

is actually suspended in accordance with<br />

the provisions of Article 9 of the Law concerning<br />

the Reduction, Exemption and Postponement<br />

of Collection of Tax for Sufferers from Calamity<br />

at the time of enforcement of this Law; provided<br />

that amount of the interest on delinquent tax<br />

and delinquent additional tax which is allowed<br />

to be exempted in accordance with, the provisions<br />

of Article 8 and Article 9 paragraph 9 item<br />

3 of the new Law shall be limited to the amount<br />

corresponding to the term after the enforcement<br />

of this Law.<br />

9 The provisions of Article 9 paragraphs 2 and<br />

10 of the new Law shall apply to the demand of<br />

taxpayment made after the enforcement of this<br />

Law.<br />

10 With respect to the collection of demand charges<br />

for taxpayment concerning the demand for<br />

taxpayment made before the enforcement of<br />

this Law, the old Law shall still prevail; provided<br />

that, this shall not prevent the application<br />

of the provision of paragraph 2.<br />

]1 With respect to the -refund and appropriation<br />

if there is overpaid money in demand charges<br />

for taxpaynient collected before the enforcement<br />

12<br />

of this Law,and those collected* Ln accordance<br />

with the provision, of the preceding paragraph<br />

and appropriation of national taxes, demand<br />

charges and disposal charges for taxpayment,<br />

refund additional money under the provisions<br />

of Article 31-(6) of the National Tax Collection<br />

Law, refund under the provisions of Article<br />

36 paragraph 3 or Article 36-(2) paragraph 3<br />

of the Income Tax Law (Law No. 27 of 1947)<br />

(including additional money under the provisions<br />

of Article 36 paragraph 6 or Article 36-(2)<br />

paragraph 3 of the same Law) and refund under<br />

the provision of Article 26-(3) paragraph<br />

4 of the Corporation Tax Law (Law No. 28<br />

of 1947) (including additional money under the<br />

iprovision of (paragraph 6 of the same Article)<br />

for the demand charges for taxpayment to foe<br />

collected under the provisions of the preceding<br />

paragraph, the old Law shall still prevail.<br />

12 The provisions of Article 15 of the new Law<br />

shall apply if the cancellation of action is required<br />

after the enforcement of this Law; provided<br />

that, if it has been required 'before the<br />

enforcement of this Law, the old Law shall<br />

still prevail.<br />

13 The provisions of Article 16 paragraph 1<br />

items 3 and 4 and Article 17 of the new Law<br />

shall apply to the attachment made after the<br />

enforcement of this Law, and as to the attachment<br />

which has been made before the enforcement<br />

of this Law, the old Law shall still prevail.*<br />

14 The provision of Article 31 of the new Law<br />

shall apply to the disposal of delinquency concerning<br />

the delinquency actually existing at the<br />

time of enforcement of this Law.<br />

15 With respect to the application of the provision<br />

of Article 31-(6) paragraph 4 of the new<br />

Law, the farm final return shall, for the time<br />

being, be deemed to be final return.<br />

16 In paragraph 17, "old national taxes" shall<br />

mean the following national taxes:<br />

1. Income tax for the fiscal year 1949-50 and<br />

before (including income tax withheld from<br />

the earned income and retirement income paid<br />

before December 31, 1949) ;<br />

2. Corporation tax for the accounting period<br />

of corporation ending before March 31, 1950<br />

(including the period which is deemed to be<br />

one accounting period in accordance with the<br />

provision of Article 21 of the Corporation<br />

Tax Law not amended by the Law for Partial<br />

Amendments to the Corporation Tax Law<br />

(Law No. 72 of 1950) (excluding the'corporation<br />

tax on income from liquidation) ;<br />

3. Accessions tax on the succession which began<br />

before December 31, 1949 and gift tax on<br />

the* donation made before the said day;


y<br />

V<br />

4. Commodity tax which was imposed on the<br />

commodities carried out of the manufactory<br />

before December 31, 1949;<br />

5, Transaction tax, non-war damaged houses<br />

tax, non-war sufferers tax, increased income<br />

tax, property tax, war indemnity special tax<br />

and extraordinary excess profits tax.<br />

17 In cases where a taxpayer has any cause<br />

coming under the items of Article 7 paragraph<br />

1 and other reasonable causes, if the Government<br />

recognizes that the taxpayer can not pay<br />

or the Government can not collect the whole<br />

or a part of old national taxes in cash (including<br />

the tax amount, arrearage and disposal<br />

charges of delinquency as prescribed by Cabinet<br />

Order which are to be collected- or to be paid<br />

in addition to the old national taxes; hereinafter<br />

the same) which are to be collected or<br />

to be paid due to the causes concerned, the<br />

Government may postpone the collection of the<br />

tax concerned by designating the period not<br />

exceeding two years, upon the application of<br />

,the taxpayer concerned, to the extent of amount<br />

recognized impossible to be collected or paid.<br />

In this case, the postponement of tax collection<br />

may be made by the installment collection.<br />

18 As for the postponement of collection under<br />

the provision of the preceding paragraph, the<br />

provisions of Article 7-(2) to Article 8 inclusive<br />

and Article 9 paragraph 9 item 8 of the<br />

new Law shall, considering the postponement<br />

Eof collection concerned as the one under the<br />

provision of Article 7 paragraph 1 of the new<br />

Law, apply thereto; provided that, only for the<br />

case where the tax amount of which collection<br />

is to be postponed exceeds 100,000 yen and it<br />

is recognized to be necessary for securing the<br />

collection of the tax amount concerned, the Government<br />

may collect the security corresponding<br />

to the amount of which collection is postponed.<br />

For the application of the provisions of Article<br />

8 of the new Law, the postponement of tax<br />

collection under the provision of Article 7 paragraph<br />

1 item 1 or 2 of the new Law shall be<br />

deemed to be the one under the provision of<br />

paragraph 1 item 1 or 2 of the same Article.<br />

19 As for the person who has not paid the national<br />

taxes due to the causes comingunder any<br />

item of Article 7 paragraph 1 of the new Law,<br />

the Government may, upon his application, reduce<br />

the amount computed by multiplying the<br />

unpaid arrearage charges concerning the national<br />

taxes by the rate of more than 8 sen<br />

per diem per 100 yen of the tax amount to<br />

the amount computed by multiplying the amount<br />

by the rate of 8 sen per diem per 100 yen of<br />

tax amount.<br />

-13<br />

20 As for a person who has not paid the additional<br />

tax (meaning the tax amount provided<br />

for in Article 2 of the Law for Exceptions to<br />

Arearage Charges, Etc. on National Taxes (Law<br />

No. 78 of 1950); hereinafter the same) due<br />

to the causes coming under any item of Article<br />

7 paragraph 1 of the new Law, the Government<br />

may, upon his application, \reduce the<br />

amount corresponding to the period prior to<br />

December 31, 1949 among the additional taxes<br />

concerned to the amount computed at the rate of<br />

4 sen per diem per 100 yen of the tax amount.<br />

21 If the national tax which has been paid or<br />

collected or is paid or is collected with additions1<br />

tax falls under any one of the cases<br />

enumerated below, the Government may, upon<br />

the application of a taxpayer, reduce the amount<br />

corresponding to the period prior to December<br />

31, 1949 to the amount computed at the rate<br />

of 4 sen per diem per 100 yen; provided that,<br />

if the taxpayer1 has committed the fraud or<br />

other illegal act with respect to the national<br />

taxes, this shall not apply thereto:<br />

1. Where the national tax was corrected or<br />

determined after one year or more from the<br />

due date"of filing;<br />

2. Where the national tax was reported in a<br />

revised return filed after the correction or<br />

determination, or was concerned with the<br />

connection ;<br />

3. Where the national tax was reported after<br />

the due date on account of such inevitable<br />

cause as interruption of communication or<br />

traffic.<br />

22 In case the additional tax was reduced in<br />

accordance with the provision of the preceding<br />

paragraph, the Government may reduce, upon<br />

the application of the taxpayer, such portion<br />

of that additional tax or of the arrearage<br />

charges on the delinquent national taxes paid<br />

or collected with the additional tax or to be so<br />

paid or collected as has been computed at the<br />

rate of more than 8 sen per diem per 100 yen<br />

of the tax to a portion computed at the rate<br />

of 8 sen per diem per 100 yen of the tax.<br />

23 Such portion of the Additional tax or arrearage<br />

charges paid or collected before the enforcement<br />

of this Law as has become an excess<br />

on account of the reduction under the provisions<br />

of the preceding two paragraphs, shall be refunded<br />

or credited against the unpaid national<br />

taxes, demand charges, arrearage charges or<br />

disposal charges only in cases where the request<br />

for refund has been made by June 30, 1951.<br />

24 The provisions of Article 31-(6) of the National<br />

Tax Collection Law shall not apply in<br />

cases where th> amount of the additional taxes


or arrearage charges which has become excessive<br />

on account of the reduction under the provision<br />

of paragraph 21 or 22 is refunded or<br />

credited.<br />

25 The Income Tax Law shall be partially amended<br />

as follows:<br />

In Article 36 paragraph 7, "demand-charges"<br />

shall be deleted.<br />

In Article 43 paragraph 3, "has distributed<br />

its assets" shall be amended as "has distributed<br />

or delivered its residual assets", "the liquidators"<br />

as "the liquidators and the person who<br />

received the residual assets by the distribution<br />

or the delivery"; and the following proviso shall<br />

be added to the same'paragraph:<br />

; provided that, the liquidators shall be<br />

liable to pay the tax to the extent of the<br />

value of the distributed or delivered property,<br />

and the person who received the residual assets<br />

by distribution or delivery shall be liable<br />

to the extent of the value of the received<br />

property.<br />

The following one paragraph shall be added<br />

in the same Article:<br />

The provision of the proviso to the preceding<br />

Article shall not preclude the application<br />

of Article 29 of the National Tax Collection<br />

Law.<br />

26 The Corporation Tax Law shall be partially<br />

amended as follows:<br />

In Article 26-(3) paragraph 5, "demandcharges"<br />

shall be deleted.<br />

In Article 27, "has distributed its residual<br />

assets" shall be amended as "has distributed or<br />

delivered its residual assets", "the residual assets<br />

have been distributed" as "the residual assets<br />

have been distributed or delivered", and<br />

"the recipients of the residual assets" shall be<br />

amended as "the recipients of the residual assejbs<br />

by distribution or delivery"; and the proviso<br />

to the same Article shall be amended as<br />

follows :<br />

; provided that, the liquidators shall be<br />

liable to pay the tax to the extent of the<br />

value of the distributed or delivered property<br />

and the person who received the residual property<br />

by distribution or delivery shall be liable<br />

to the extent of the value of the received<br />

property.<br />

The following one paragraph shall be added<br />

to the same Article:<br />

The provision of the proviso to the preceding<br />

paragraph shall not preclude the application<br />

of the provision of Article 29 of the<br />

National Tax Collection Law.<br />

27 The Accessions Tax Law (Law No. 73 of<br />

1950) shall be partially amended as follows:<br />

In Article 40 paragraph 5, ", charge for pressing"<br />

shall be deleted.<br />

u<br />

28 The Assets Revaluation Law (Law No. 110<br />

of 1950) shall be partially amended as follows:<br />

In Article 63 paragraph 1, "has distributed<br />

its residual assets" shall be amended as "has<br />

distributed or delivered its residual assets", and<br />

"the distribution of the residual assets" as "the<br />

distribution or delivery of the residual assets";<br />

and the proviso to the same paragraph<br />

shall be amended as follows:<br />

; provided that the liquidators shall be liable<br />

to pay the tax to the extent of the value<br />

of the distributed or delivered property, and<br />

the person who received the residual assets<br />

by distribution or delivery shall be liable to<br />

the extent of the value of the received property.<br />

Paragraph 2 of the same Article shall be<br />

"made paragraph 3; and the following one paragraph<br />

shall be added next to paragraph 1 of<br />

the same Article:<br />

2 The provision of the proviso to Ihe preceding<br />

paragraph shall not preclude the application<br />

of the provision of Article 29 of the National<br />

Tax Collection Law (Law No. "21 of 1897).<br />

In Article 64, "(Law No. 21 of 1897)" shall<br />

be deleted.<br />

29 The Liquor Tax Law (Law No. 35 of 1940)<br />

shall be partially amended as follows:<br />

In Article 46 paragraph 2, "demand-charges<br />

for taxpayment" shall be deleted.<br />

30 The Commodity Tax Law (Law No. 40 of<br />

1940) shall be partially amended as follows:<br />

In Article 10-(3) paragraph 2, "demand<br />

charges for taxpayment" shall be deleted.<br />

31 The Sugar Excise Law (Law No. 13 of 1901)<br />

shall be partially amended as follows:<br />

In Article 4-(3) paragraph 2, "the demandcharges<br />

for taxpayment" shall be deleted.<br />

32 The Gasoline Tax Law (Law No. 44 of 1949)<br />

shall tbe partially amended as follows:<br />

In Article 5-(2) paragraph 2, "demand<br />

charge" shall be deleted.<br />

33 The provisions of Article 43 paragraph 3 and<br />

4 of the Income Tax Law, Article^27 of the<br />

Corporation Tax Law or Article 63 paragraph<br />

1 or 2 of the Assets Revaluation Law after<br />

amendments under the provisions of paragraph<br />

25, 26 or 28 shall apply to the tax to be collected<br />

in accordance with the provision of Article 43<br />

paragraph 1 of the Income Tax Law, the corporation<br />

tax and the assets revaluation tax imposabla<br />

upon the corporation which has distributed<br />

or delivered its residual assets after<br />

the enforcement of this Law, but the old provisions<br />

shall still prevail as for these taxes if<br />

the corporation has distributed its residual assets<br />

before the enforcement of this Law.<br />

34 The Health Insurance, Law (Law No.'70 of<br />

1922) shall be partially amended as follows;


V<br />

In Article 4 paragraph 3, "or demand" shall<br />

be added next to "notification".<br />

The last sentence of Article 11 paragraph 2<br />

shall be amended as follows:<br />

In this case the time-limit to be designated<br />

in the demand note shall be not less than ten<br />

days from the date of the issue of the demand<br />

note.<br />

In Article ll-(4), "Article 4-(7) and Article<br />

4-(8) of the National Tax Collection Law"<br />

shall be amended as "Article 4-(9) and Article<br />

4-(10) of the National Tax Collection Law".<br />

35 The Seamen's Insurance Law (Law No. 73<br />

of 1939) shall be partially amended as follows:<br />

The following one paragraph shall be added<br />

to Article 5:<br />

The demand under the provision of Article<br />

12 paragraph 1 shall possess the validity<br />

of interruption of prescription regardless of<br />

the provisions of Article 153 of the Civil Code.<br />

The last sentence of Article 12 paragraph 2<br />

shall be amended as follows:<br />

In this case the time-limit to be designated<br />

in the demand note shall be not less than<br />

ten days from the date of the issue of the<br />

demand note.<br />

In Article 14, "Article 4-(7) and Article 4-<br />

(8) of the National Tax Collection Law" shall<br />

be amended as "Article 4-(9) and Article 4-(10)<br />

of the National Tax Collection Law".<br />

36 The Welfare Pension Insurance Law (Law<br />

No. 60 of 1941) shall be partially amended<br />

as follows:<br />

The following one paragraph shall be added<br />

to Article 5: *<br />

The demand under the provision of Article<br />

11 paragraph 1 shall possess the validity of<br />

interruption of prescription regardless of the<br />

provisions of Article 153 of the Civil Code.<br />

Article 11 paragraph 4 shall be amended as<br />

follows :<br />

The time-limit to be designated in the demand<br />

note under the provision of paragraph<br />

2 shall be not less than ten days from the<br />

date of the issue of the demand note.<br />

In Article 13, "Article 4-(7) and Article 4-<br />

(8) of the National Tax Collection Law" shall<br />

be amended as "Article 4-(9) and Article 4-<br />

(10) of the National Tax Collection Law".<br />

37 The Laborer's Accident Compensation Insurance<br />

Law (Law No. 50 of 1947) shall be partially<br />

amended as follows:<br />

The latter part of Article 31 paragraph 2<br />

shall be amended as follows:<br />

In this case the time-limit to be designated<br />

in the demand note shall be later than the<br />

tenth day froni the date of the issue of the<br />

demand note.<br />

-15<br />

The following one paragraph shall be added<br />

next to the same paragraph:<br />

The demand under the provision of paragraph<br />

1 shall have the effect of interruption<br />

of prescription regardless of the provisions<br />

of Article 153 of the Civil Code.<br />

In Article 34, "Article 4-(7) and Article 4-<br />

(8) of the National Tax Collection Law" shall<br />

be amended as "Article 4-(9) and Article 4-(10)<br />

of the National Tax Collection Law".<br />

38 The Unemployment Insurance Law (Law No.<br />

146 of 1947) shall be partially amended as<br />

follows :<br />

The latter part of Article 35 paragraph 2<br />

shall be amended as follows:;<br />

In this case, the time-linlit to be designated<br />

in the demand note shall be later than the<br />

tenth day from the date of the issue of the<br />

demand note.<br />

The following one paragraph shall be added<br />

next to the same paragraph:<br />

The demand under the provision of paragraph<br />

1 shall have the effect of interruption<br />

of prescription regardless of the provisions<br />

of Article 153 of the Civil Code.<br />

In paragraph 3 of the same Article, "the<br />

preceding two paragraphs" shall be amended as<br />

"paragraph 1".<br />

In Article 38, "Article 4-(7) and Article 4-<br />

(8) of the National Tax Collection Law" shall<br />

be amended as "Article 4-(9) and Article 4-(10)<br />

of the National Tax Collection Law".<br />

39 The provisions of Article 4 paragraph 3 and<br />

Article 11 paragraph 2 of the Health Insurance<br />

Law, Article 5 paragraph 2 and Article 12<br />

paragraph 2 of the Seamen's Insurance Law,<br />

Article 5 paragraph 2 and Article 11 paragraph<br />

4 of the Welfare Pension Insurance Law, Article<br />

31 paragraphs 2 and 3 of the Laborer's<br />

Accident Compensation Insurance Law as well<br />

as Article 35 paragraphs 2 and 3 of the Unemployment<br />

Insurance Law, which are amended<br />

by virtue of the provisions of paragraph 34<br />

to the preceding paragraph inclusive shall apply<br />

to the demand made after the enforcement of<br />

this Law, and the old provisions shall still prevail<br />

as for the collection of such demand charges<br />

for taxpayment as demanded under these provisions<br />

before the enforcement of this Law.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Minister of Welfare<br />

KUROKAWA Takeo<br />

Minister of Labor<br />

HORI Shigeru<br />

^ Prime Minister<br />

YOSHIDA Shigeru


I hereby promulgate the Law for Partial Amendments<br />

to the Tobacco Monopoly Law.<br />

Signed: HIROHITO, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Law No. 79<br />

Law for Partial Amendments to the Tobacco<br />

Monopoly Law<br />

The Tobacco Monopoly Law (Law No. Ill of<br />

1949) shall be partially amended as follows:<br />

In the Contents, "Articles 4-26" shall be amended<br />

as "Articles 4-26-(5)".<br />

In Article 8 paragraph 2, "the preceding paragraph"<br />

shall be amended as "paragraph 1 or the<br />

preceding paragraph"; the same paragraph shall<br />

he made paragraph 3 of the same Article; paragraph<br />

3 of the same Article shall be made paragraph<br />

4 of the same Article; and the following<br />

paragraph shall be added to the same Article as<br />

paragraph 2: ,<br />

2 Any person who intends to cultivate tobacco<br />

for the purpose of using it as material for<br />

agricultural drugs, shall make clear in his application<br />

under the provision of the preceding<br />

paragraph, the purpose of cultivation and the<br />

person who uses the leaf tobacco harvested as<br />

material for manufacturing agricultural drugs.<br />

In Article 12 paragraph 3, "paragraphs 2 and<br />

3" shall be amended as "paragraphs 3 and 4".<br />

In Article 23 paragraph 1, "storage or to the<br />

purchasing place decided by the Corporation" shall<br />

be amended as "storage, the purchasing place decided<br />

by the Corporation or to the place where<br />

the leaf tobacco is used as material for the manufacture<br />

of agricultural drugs".<br />

In Article 26 paragraph 2, "paragraphs 2 and 3"<br />

shall be amended as "paragraphs 3 and 4".<br />

In Chapter II, the following four Articles shall<br />

be added next to Article 26:<br />

(Obligation for Notification of the Cultivator<br />

of TVoacco for Agricultural Drugs)<br />

Article 26-(2). Any person who cultivates tobacco<br />

with the permission under Article 8 paragraph<br />

1 for the purpose of supplying the leaf<br />

tobacco harvested for manufacturing agricultural<br />

drugs (hereinafter referred to as "cultivator<br />

of tobacco for agricultural drugs") shall notify<br />

to the Corporation in accordance with its instructions<br />

the quantity of leaf tobacco harvested<br />

or the quantity of leaf tobacco which has been<br />

transferred to a person who manufactures agricultural<br />

drugs from leaf tobacco (hereinafter<br />

referred to as manufacturer of agricultural<br />

drugs") the date of transfer and the transferee.<br />

16-<br />

(Alteration of Use of Tobacco for Agricultural<br />

Drugs)<br />

Article 26-(3). A cultivator of tobacco for agricultural<br />

drugs shall obtain'in avandance an approval<br />

of the Corporation in case he intends<br />

to use the leaf tobacco harvested for uses other<br />

than the manufacture of agricultural drugs.<br />

(Obligation for Notifying the Place of Manufacturing<br />

Agricultural Drugs by Manufacturer<br />

of Agricultural Drugs)<br />

Article 26-(4). A manufacturer of agricultural<br />

drugs shall notify to the Corporation in accordance<br />

with its instructions the place where<br />

he manufactures agricultural drugs from the<br />

leaf tobacco and the place of storing leaf tobacco.<br />

The same shall apply to such a case<br />

where he intends to change those places.<br />

2 A manufacturer of agricultural drugs, shall<br />

prepare a book in accordance with the provisions<br />

of the Corporation and enter therein the<br />

matters relative to the manufacture of agricultural<br />

drugs or disposal of the products, etc.<br />

3 Tn case a manufacturer of agricultural drugs<br />

discontinues or abandons manufacturing agricultural<br />

drugs he shall abandon the existing<br />

leaf tobacco or make other dispositions in accordance<br />

with the instructions of the Corporation.<br />

(Exception to Application of Provisions concerning<br />

Cultivators of Tobacco for Agricultural<br />

Drugs, etc.)<br />

Article 26-(5). The provisions of Articles 5, 18<br />

and 19 (including the case where the same provision<br />

applies mutatis mutandis in Article 26<br />

paragraph 2) as well as Articles 20, 21 and 24<br />

shall not apply to the cultivator of tobacco for<br />

agricultural drugs or tobacco cultivated by him<br />

or leaf tobacco harvested by him.<br />

The following Article shall be added next to<br />

Article 41:<br />

(Compensation for Calamity)<br />

Article 41-(2). In cases where no small number<br />

of retailers have lost the manufactured tobacco<br />

in their possession by the damage from strong<br />

wind, flood or other natural calamities, and Hhe<br />

extent of which covers whole or a part of one<br />

or more than two prefectures (To, Do Fu, Ken),<br />

the Corporation may deliver to the retailers<br />

the manufactured tobacco within the limits of<br />

one half of the quantity of the lost manufactured<br />

tobacco in corresponding brand in accordance<br />

with the standard, which was previously decided<br />

by the Corporation with the approval of the<br />

Minister of Finance.<br />

2 In cases where the manufactured tobacco to<br />

be delivered in accordance with the provision<br />

of the preceding paragraph can not be delivered<br />

owing to the abandonment of manufacture of<br />

the corresponding brand or other inevitable reason,<br />

the Corporation may deliver the other brand<br />

of manufactured tobacco equivalent to the value<br />

of the manufactured tobacco in question.


-;<br />

The following one Article hall be added next<br />

to Article 65:<br />

(Restriction on Manufacture of Packing, Etc.)<br />

Article 65-(2). A person who intends to manufacture<br />

the packing for manufactured tobacco<br />

(including paper printed for the use for packing<br />

of manufactured tobacco; hereinafter the same<br />

shall apply to this Article, Article 69 paragraph<br />

1 and Article 75 paragraph 1) or to possess,<br />

transfer or receive packing for manufactured<br />

tobacco for purposes of business shall obtain the<br />

permission of the Corporation; provided that,<br />

this shall not apply to a person who has been<br />

so entrusted by the Corporation.<br />

In Article 69 paragraph 1, "packing for manufactured<br />

tobacco," shall be added next to "cigarette<br />

paper,"; and in item (2) in the same paragraph,<br />

^'manufacturers of packing for manufactured tobacco,<br />

manufacturers of agricultural drugs," shall<br />

be added next to "manufacturers of cigarette paper,".<br />

In Article 71 item (1), "Article 26-(3)," shall<br />

be added next to "paragraph 1 of Article 12 (including<br />

the case where the same provision applies<br />

mutatis mutandis in paragraph 2 of Article 26 "<br />

and "Article 65-(2) ," shall be added next to "paragraph<br />

1 of Article 65,".<br />

In Article 73 item (1), "paragraph 3 of Article<br />

26-(4)," shall be added next to "Article 16,".<br />

In Article 74 item (3), "paragraph 1 of Article<br />

36" shall be amended as "paragraph 2 of Article<br />

26-(4), paragraph 1 of Article 36"; and in item<br />

(4) of the same Article, "paragraph 2 of Article<br />

36" shall be amended as "Article 26-(2), paragraph<br />

1 of Article 26-(4), paragraph 2 of Article<br />

36".<br />

In Article 75 paragraph 1, "packing of manufactured<br />

tobacco," shall be added next to ^cigarette<br />

paper,".<br />

Supplementary Provisions :<br />

1 This Law shall come into force as from the<br />

day of its promulgation.<br />

2 With regard to the application of penal provisions<br />

to the act which was committed prior<br />

to the enforcement of this Law, the former<br />

provisions shall be still prevail.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

I hereby promulgate the Cabinet Order for Abolition<br />

of the Special Measures on Unjustly Possessed<br />

Materials, Etc. Special Account Order.<br />

Signed: HIROHITO, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

-17-.<br />

Cabinet Order No. 6$<br />

Cabinet Order for Abolition of the Special<br />

Measures on Unjustly Possessed Materials,<br />

Etc. Special Account Order<br />

In accordance with the abolition of the Special<br />

Measures on Urnjustly Possessed Materials, Etc.<br />

Special Account Law (Law No. 36 of 1948), the<br />

Cabinet<br />

The<br />

establishes this<br />

Special Measures<br />

Cabinet Order.<br />

on Unjustly Possessed<br />

i<br />

Ma-!<br />

terials, Etc. Special Account Order (Cabinet Order<br />

No. 117 of 1948) shall be abolished.<br />

Supplementary Provisions :<br />

1 This Cabinet Order shall come into force as<br />

from April 1, 1951.<br />

2 As regards the settlement of accounts of the<br />

Special Measures on Unjustly Possessed Materials,<br />

Etc. Special Account of the fiscal year<br />

1949-50, the former procedures shall still be<br />

effective; and as regards the receipts and pay-<br />

Emeat of the same Special Account of the fiscal<br />

year 1950-51 and the settlement of accounts of<br />

the same Special Account of the same fiscal<br />

year, the former procedures, excluding those<br />

under the provisions of Article 6 of the former<br />

Special Account Order, shall still be effective.<br />

3 The Cabinet Order for Exception to Each Special<br />

Account Order, Etc. (Cabinet Order No. 70<br />

of 1949) shall*be partially amended as follows:<br />

Article 1 item 21 shall be amended as follows:<br />

21. Deleted.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Minister of International<br />

Trade and Industry<br />

YOKOO Shigemi<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

I hereby promulgate the Cabinet Order concerning<br />

Exception to the Term of Receipt, Etc. of<br />

Annual Revenues Belonging to the Fiscal Year<br />

1950-51 in Connection with the Income Tax for<br />

1950. !<br />

Signed: H1ROHITO, Seal of the Emperor !<br />

Tihis thirty-first day of the third month of the!<br />

twenty-sixth year of Showa (March 31, 1951) ,<br />

Prime Minister ;<br />

YOSHIDA Shigeru<br />

Cabinet Order No. 69<br />

Cabinet Order concerning Exception to<br />

the Tbrm of Receipt, Etc. of Annual<br />

Revenues Belonging to the Fiscal Year<br />

1950-51 in Connection with the Income<br />

Tax for 1950<br />

In accordance with the provision of Article 3<br />

of the Accounts Law (Law No. 35 of 1947), the<br />

Cabinet establishes this Cabinet Order.


1 The due date by which the accounting officials<br />

or cashiers may receive the annual revenue<br />

belonging to the fiscal year 1950-51 in connection<br />

with the income tax (excluding income tax<br />

to be withheld; hereinafter the sarnie) for 1950<br />

(hereinafter referred to as the "revenues from<br />

the income tax for 1950) shall be May 31, 1951,<br />

notwithstanding the provision of Article 3 of<br />

the Budget, Settlement of Accounts and Accounts<br />

Regulations (Imperial Ordinance No. 165 of<br />

1947; hereinafter referred "to as the "Regulations").<br />

2 Tihe due date by which the Bank of Japan may<br />

receive the revenues from the income tax for<br />

1950 shall be May 31, 1951, notwithstanding the<br />

provision of the main text of Article 7 paragraph<br />

1 of the' Regulations; provided that, in case<br />

the received revenues from the income tax for<br />

1950 have been paid up by the accounting officials,<br />

the said date may be June 31, 1951.<br />

Supplementary Provision :<br />

This Cabinet Order shall come into force as<br />

from the day of its promulgation.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

I hereby promulgate the Cabinet Order for Pacrtial<br />

Aimemdmients to the Income Tax Law Enforcement<br />

Regulations.<br />

Signed: HIROHITO, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Cabinet Order No. 70<br />

Cabinet Order for Partial Amendments<br />

to the Income Tax Law Enforcement<br />

Regulations<br />

In accordance with the provisions of the Income<br />

Tax Law (Law No. 27 of 1947) and for the purpose<br />

of enforcing the same Law, the Cabinet establishes<br />

this Cabinet Order.<br />

The Income Tax Law Enforcement Regulations<br />

(Imperial Ordinance No. 110 of 1947) shall be<br />

partially amended as follows:<br />

The proviso to Article 1 shall be amended as<br />

follows :<br />

; provided that, as to the case referred to under<br />

Art. 21 of the Law, as of July 1 of every<br />

year, as the case referred to under Article 21-<br />

(2) of the Law, as ofJune 1 of every year (or,<br />

as to the case referred.to under Art* 21-(2) of<br />

the Law which applies mutatis mutandis in<br />

Art. 22 par. 3 of the Law, as of October 1 of<br />

every year), as to the case referred to under<br />

Art. 22 pars. 1 and 2 of the Law and Art. 23<br />

18-<br />

of the Law, as of November 1 of every year,<br />

as to the case referred to under Art. 29 par. 1<br />

of the Law, as of the date of death, and as to<br />

the case referred to under par. 2 of the same<br />

Article, as of the time when the taxpayer ceases<br />

to have domicile and residence within the enforcement<br />

area of the Law.<br />

In Article 5, "June provisional return, farm<br />

July provisional return, October provisional return,<br />

farm November provisional return, final return,<br />

farm final return" shall be amended as "July<br />

provisional return, N/ovember provisional return,<br />

final return".<br />

In Article 6, "Art. 8 par. 4" shall be amended<br />

as "Art. 8 par. 2", and "the following items" as<br />

"the following items; provided that, the disability<br />

under each item shall not include the disability<br />

due to decrepitude and shall be limited to the one<br />

of which condition is constant or recovery from<br />

which is unable to be expected; in item 2 of the<br />

same Article, "both eyes" shall be amended as<br />

"both eyes the optical ability of which is quite<br />

lost or person who lhas both eyes", and "not more<br />

than 0.06 constantly" as "not more than 0.06";<br />

and items 3 to, 8 inclusive of the same Article shall<br />

be amended as follows:<br />

3. Person who has both ears the auditory ability<br />

of which is quite lost or person who cannot<br />

catch ordinary voice unless it is spoken<br />

close to the auricle;<br />

4. Person whose function of speech has been<br />

quite lost or person whos^vocational ability<br />

lhas been remarkably hampered due to the<br />

disability of the function;<br />

5. Person who has lost both lower limbs upward<br />

of the middle joints of their toes or person<br />

who has been quite disabled in the function<br />

of toes of both lower limbs;<br />

6. Person who has been quite disabled in the<br />

function of one upper limb or lower limb or<br />

whose vocational ability is remarkably hampered<br />

due to the disability of the function;<br />

7. Person who has lost one upper limb upward<br />

of the middile joints of ifs fingers or one lower<br />

limb upward one-tihird of its leg or person<br />

whose one lower limb is shorter than the other<br />

lowe* limb by not less than 10 centimete*r;<br />

8. Person who has lost the following fingers or<br />

has been disabled in the function of such fingers<br />

or person whose vocational ability is remarkably<br />

hampered due to the disability of the<br />

function of such fingers:<br />

(a) Thumb and forefinger of one hand;<br />

(b) Three fingers including thumb or fore^finger<br />

of one hand;<br />

(c) Thumbs of both hands.<br />

In item 10 of the same Article, "and whose recovery<br />

is unable to be expected" shall be deleted;<br />

in item 11 of the same Article, "(limited to the


person whose recovery is unable to be expected)"<br />

shall be deleted; and the following one item shall<br />

be added to the same Article:<br />

12. Person other than person coming under the<br />

y provisions of item 2 to the preceding item<br />

inclusive who is in similar disability to that<br />

under each of the above items, if the degree<br />

of such disability is heavier than the degree<br />

Eof the disability under each of the above<br />

items.<br />

The following one Article shall be added next<br />

to Article 6:<br />

Article 6-(2). A woman whose husband's life or<br />

% death is unknown as referred to under the provision<br />

of Art. 8 par. 4 item 2 of the Law s'hall<br />

be a wife of a person coming under each of the<br />

following items :<br />

1. A person who served in the former Army or<br />

f Navy as of the termination of the Pacific<br />

War and has not yet returned to the enforcement<br />

area of this Law;<br />

2. A person other than a person as enumerated<br />

in the preceding item who resided without the<br />

enforcement area of this Law as of the,termination<br />

of the Pacific War and has not yet<br />

returned to the enforcement area of this Law<br />

and is deemed to be under the same circumstance<br />

as the person as enumerated in the<br />

same item with respect to the unireturn;<br />

3. A person who was in a sunken ship or met<br />

with the other disaster to be a cause of death,<br />

if his life or death is unknown for not less<br />

than one year after the disaster went away;<br />

4. Except for a person coming under any of<br />

the preceding items, a person wfoose life or<br />

death is unknown for not less than three<br />

/ years.<br />

Article 7 shall be amended as follows:<br />

V<br />

Article<br />

from<br />

7.<br />

the<br />

In case the<br />

corporation<br />

dividend<br />

in shares<br />

of profit was paid<br />

of stock of such<br />

corporation, the computation of the amount of<br />

money receivable (as to dividends on bearer<br />

shares of stock, the amount of money which was<br />

received) as provided far by Art. 9 par. 1 item<br />

2 of the Law with respect to suclh shares of<br />

stock shall be made by the face value (or issue<br />

price in case such shares of stock are no-par<br />

shares of stock) of such shares of stock.<br />

In Article 7-(4) paragraph 1, "or relatives coliving<br />

with such member" shall be added next to<br />

"a member of enterprise association"; and "the<br />

member"; and in paragraph 2 of the same Article,<br />

"members of the same association" shall be amended<br />

as "persons who receive the amount of money<br />

under the preceding paragraph from the same<br />

enterprise association", and "the preceding paragraph"<br />

as "the same paragraph".<br />

Article 8 and Article 8-(2) shall be amended<br />

as follows:<br />

Article 8. The deduction of loss as provided for<br />

in Art. 9 par. 2 of the Law shall be made in accordance<br />

with the provisions of the following<br />

itams:<br />

1. Iai case the loss includes the loss on the<br />

computation of fluctuating income, such loss<br />

shall first be deducted;<br />

2. In case the income from which the loss is<br />

deducted includes the fluctuating income, the<br />

loss shall first be deducted from such fluctuating<br />

income.<br />

Article 8-(2). The deduction of loss as provided<br />

for in Art. 9-(2) par. 1 or 3 of the Law shall<br />

be made in accordance with the provisions of<br />

the following items:<br />

1. In case the loss to be deductible is the loss<br />

incurred in two or more years of the previous<br />

three years, the earliest loss shall first be<br />

deducted and then the next one in order;<br />

2. In the case under the provision of Art. 9-<br />

(2) par. 1 of the Law, if the loss incurred<br />

in a year of the previous three years includes<br />

the loss on the computation of fluctuating income,.such<br />

loss shall first be deducted;<br />

3. In the case under the provision of Art. 9-<br />

(2) par. 3 of the Law, if there exists the loss<br />

on the computation of fluctuating income and<br />

the loss to be deductible in accordance with,<br />

the provision of Art. 11-(3) of the Law in a<br />

year of the previous three years, the loss on<br />

the computation of fluctuating income shall<br />

first be deducted;<br />

4. In case the income of the year concerned<br />

includes fluctuating income, the loss shall first<br />

be deducted from sudh fluctuating income.<br />

In Article 9-(3), "or 7" shall be amended as<br />

",7 or 10".<br />

In Article 9-(4) paragraph 3, "June provisional<br />

return, farm July provisional return, October provisional<br />

return, farm November provisional return,<br />

final return, farm final return" shall be amended<br />

as "July provisional return, November provisional<br />

return, final return".<br />

In Article 10 paragraph 3, "Art. 12-(6) or Art.<br />

12-(7)" shall be amended as "Art. 12-(11) or Art.<br />

12-(12)".<br />

In Article 10-(2), "Art. 12-(4)" shall be amended<br />

as "Art. 12-(9)".<br />

In Article 10-(4) paragraph 1, "the amount<br />

equivalent to 3/1,000 of the total book value of<br />

the amount [receivable, lending, advances and<br />

other credit of similar nature (excluding those<br />

not deemed credit substantially because the individual<br />

concerned has received some amounts from a<br />

debtor with respect to the credit concerned; hereinafter<br />

referred to as "loan") on December 31 of<br />

the year or the amount equivalent to 20/100 of<br />

the amount of business income concerned for the<br />

year, whichever is lower," shall be amended as<br />

19-


"the amount obtained by deducting the amount<br />

of bad debt reserve account (if any amount was<br />

to be appropriated for making up the loss resulting<br />

from the worthless or uncollectibility of the<br />

amount receivable, lending, advances and other<br />

credit of similar nature (excluding those not deemed<br />

credit substantially because the individual concerned<br />

has received some amounts from a debtor<br />

with restpect to the credit concerned; hereinafter<br />

referred to as "loan") or to be reduced in accordance<br />

with the provision of Art. 10-(5) par. 1 or<br />

Art. 10-(6) par. 1, the amount minus the amount<br />

thus appropriated or reduced) on December 31 of<br />

the year from the amount equivalent to 5/100 (or<br />

2/100 in the case of financial operations; hereinafter<br />

the same in Art. 10-(6)) of the total book<br />

value of the loan on the same day; and paragraphs<br />

2 and 3 of the same Article shall be deleted.<br />

In Article 10-(5), "par. 1 of the preceding Article"<br />

shall be amended as "the preceding Article".<br />

In Article 10-(6) paragraph 1, "Art. 10-(4)<br />

par. 1" shall be amended as "Art. 10-(4)", and<br />

"2%" as "5%".<br />

In Article 10-(7), "Art. 10-(4) par. 1" shall be<br />

amended as "Art. 10-(4)".<br />

In Article 10-(8), "Art. 10-(4) par. 1" shall be<br />

amended as "Art. 10-(4)", and "final return, farm<br />

final letura" as "final return".<br />

Article 10-(9) shall be amended as follows:<br />

Article 10-(9), Expenses related to expenses for<br />

daily? livings and designated by Ordinance as<br />

referred to in the proviso to Art. 10 par. 2 of<br />

the Law sihall 'be expenses related to the expenses<br />

for daily livings excluding the expenses coming<br />

under each of the following items:<br />

1. That main part of the expenses concerned<br />

which is necessary to earn the gross receipts<br />

as referred to in Art. 9 par. 1 item 3, 4, 7 or<br />

10 of the Law and is obviously divided;<br />

2. Except for the expenses coming under the<br />

preceding item, that part of the expenses related<br />

to the expensed for daily livings for<br />

the year in which a person who files a blue<br />

return is authorized to file the blue return<br />

which is evident by the record, etc. of the<br />

transaction, etc. to be necessary directly to<br />

earn the gross receipts as referred to /in<br />

Art. 9 par. 1 items 3 and 4 of the Law for<br />

the year, and, in the case where the income on<br />

which blue return is allowed, to be filed is<br />

forestry income, the gross receipts as referred<br />

to in item 7 of the same paragraph,<br />

Article 10-(10) shall be deleted.<br />

The following four Articles shall be added next<br />

to Article 12-(2) :<br />

Article 12-(3). The amount required for the<br />

acquisition of the shares of stock or investment<br />

which a shareholder, partner or investor of an<br />

20-<br />

amalgamated corporation acquires from an amalgamating<br />

corporation due to the amalgamation<br />

(hereinafter referred to as "new share of stock"<br />

in this Article) shall be the amount as enumerated<br />

in the following each item:<br />

1. In case only the new share of stock have<br />

been acquired due to the amalgamation, the<br />

amount obtained by dividing the amount required<br />

for the acquisition of share of stock or<br />

investment of the amalgamated corporation<br />

(hereinafter referred to as "old share of stock<br />

in this Article) (or, in case there is any amount<br />

which is deemed the dividend of profits<br />

or distribution of surpluses as received<br />

from the corporation in accordance with the<br />

provision of Art. 5 par. 1 item 3 of the Law<br />

in the value of new share of stock, the aimount<br />

obtained by adding the amount which<br />

is deemed the dividend of profits or distribution<br />

of surpluses in the value of new share<br />

of stock as delivered for one old share of<br />

stock) by the number of new shares of stock<br />

as delivered for one old share of stock;<br />

2. In case new shares of stock andmoneyhave<br />

been acquired due to the amalgamation, if<br />

the total of value of new sihare of stock and<br />

, money does not exceed the amount required<br />

for the acquisition of old share of stock, the<br />

amount obtained by dividing the amount computed<br />

by deducting the amount of money delivered<br />

for one old share of stock from the<br />

amount required for the acquisition of ojd<br />

share of stock by the number of new shares<br />

of stock delivered for one old share of stock;<br />

3. In case new shares of stock and money have<br />

been acquired due to the amalgamation, if<br />

the total of value of new sihare of stock and<br />

money exceeds the amount required for the<br />

acquisition of old share of stock and if the<br />

value of new share of stock is not less than<br />

the amount required for the acquisition of<br />

old share of stock* the amount obtained by<br />

dividing the amount required for the acquisition<br />

of old share of stock (or, in case there<br />

is any amount which is deemed the dividend<br />

of profits or distribution of surpluses as received<br />

from the corporation in accordance<br />

with the provision of Art. 5 par. 1 item 3 in<br />

the value of new share of stock, the amount<br />

obtained by adding the amount which is deemed<br />

the dividend of profits or distribution of<br />

surpluses in the value of new share of stock<br />

as delivered for one old share of stock) by<br />

the number of new shares of stock as delivered<br />

for one old share of stock;<br />

4. In case new shares of stock and money have<br />

been acquired, if the total of value of new<br />

sihare of stock and money exceeds the amount<br />

required for the acquisition of old share of


V<br />

\i><br />

V-<br />

stock and if the value of new share of stock<br />

is less than the amount required for the acquisition<br />

of old share of stock, the value of<br />

such new share of stock.<br />

For purposes of application of the preceding<br />

paragraph, the value of new share of stock shall<br />

be its face value or amount of investment; provided<br />

that, if such new ^hare of stock is not a<br />

fully paid-up share, the value shall be paid-up<br />

amount, and if.such new share of stock is a<br />

sihare of stock of the corporation which issued<br />

. the no-par share of stock due to the amalgamation,<br />

the value shall be amount obtained by dividing<br />

the amount of capital which amalgamating<br />

corporation increased due to the amalgamation<br />

(or in case a corporation was established<br />

due to the amalgamation, the amount of capital<br />

at the time of establishment of the corporation)<br />

by the number of snares of stock which were<br />

issued due to the amalgamation..<br />

Article 12-(4). In case a shareholder, partner or<br />

investor of a corporation subscribed to the shares<br />

of stock allotted for the shares of stock or<br />

investments owned by himself (hereinafter referred<br />

to as "old share of stock" in this Article)<br />

due to the increase in the capital or investment<br />

of the corporation concerned, the amount required<br />

for the acquisition of the old share of<br />

stock and the share of stock or investment thus<br />

subscribed ('hereinafter referred to as- "new<br />

share of stock" in this Article) at the time<br />

after such subscription shall be the amount obtained<br />

by dividing the total of the amount required<br />

for the acquisition of old share of stock<br />

and the amount obtained by applying the number<br />

of new shares of stock subscribed for one<br />

old share of stock to the paid-up amount of<br />

the new share of stock by the number of new<br />

shares of stock subscribed for one old share of<br />

stock plus 1.<br />

In the case under the preceding paragraph,<br />

if the paid-up amount of the old share of stock<br />

differs from that of new share of stock/ the amount<br />

required for the acquisition of old share<br />

of stock and new share of stock shall be the amount<br />

obtained by multiplying the paid-up amount<br />

by such proportion as the total as provided<br />

for by the same paragraph bears to the total<br />

of paid-up amount of old share of stock and<br />

the amount obtained by applying the number of<br />

new shares of stock subscribed for one old share<br />

of stock to the paid-up amount of the new share<br />

of stock.<br />

Article 12-(5). In case a shareholder of a coriporation<br />

acquired the share of stock for the<br />

share of stock owned by himself (hereinafter referred<br />

to as "old sihare of stock" in this Article)<br />

due to the cause coming under each of the following<br />

items, the amount required for the ac-<br />

21<br />

quisition of old share of stock and the share of<br />

stock thus acquired (hereinafter referred to as<br />

"new share of stock" in this Article) at the<br />

time after such acquisition shall be the amount<br />

obtained by dividing the total of the amount<br />

required for the acquisition of old share of stock<br />

and the face value (or issue price in the case<br />

where the share of stock is no-par share of<br />

-stock) of new shares of stock as acquired for<br />

one old share of stock in the case coming under<br />

item 1 or the amount required for the acquisition<br />

of the old share of stock (or in case<br />

there is any amount which is deemed the dividend<br />

of profit in accordance with the provision<br />

of Art. 5 par. 1 item 4 ofthe Law due to the<br />

transfer to the capital under item 2, the amount<br />

obtained by adding the amount which is deemed<br />

the amount as received due to the dividend of<br />

profit for one old share of stock) in the case<br />

coming' under item 2 by the number of new<br />

shares of stock as acquired for one old share of<br />

stock plus 1:<br />

1. Where the corporation paid the dividend of<br />

profit in share of stock of such corporation;<br />

2. Where the corporation transferred the reserve<br />

fund to the capital and issued the shares<br />

of stock due to such transfer to the capital.<br />

In case a corporation transferred the reserve<br />

as provided for in Art. 16 of the Corporation<br />

Tax Law to the capital and didn't issue the<br />

shares of stock; due to such transfer to the capital,<br />

the amount required for the acquisition of<br />

shares of stock of the corporation owned by a<br />

shareholder of the corporation after such transfer<br />

shall be the amount obtained by adding the<br />

amount which is deemed the dividend of profit<br />

in accordance with the provision of Art. 5 par.<br />

1 item 4 of the Law due to such transfer for<br />

one share of stock to the amount.required for<br />

the acquisition of the shares of stock before<br />

such transfer.<br />

Article 12-(6). In case a shareholder of a corporation<br />

acquired the shares of stock due to<br />

split or consideration of the shares of stock,<br />

the amount required for the acquisition of the<br />

share of stock as acquired due to such split or<br />

consolidation (hereinafter referred to as "new<br />

share of stock" in this Article) shall be the<br />

amount obtained by dividing the total of the<br />

amount.. required for the acquisition of shares<br />

of stock for which the shareholder acquired the<br />

new shares of stock (hereinafter referred to<br />

as "old shares of stock" in this Article) (or<br />

in case there is any amount of money as acquired<br />

due to such split or consolidation, the amount<br />

obtained by deducting such amount of money<br />

from the total of the amount required for the<br />

acquision of the old share of stock) by the number<br />

of total new shares of stock as acquired by<br />

the shareholder.


In the case coming under the preceding paragraph,<br />

if the grand total of the total of the<br />

value of new shares of stock and the total of<br />

the amount of money which a shareholder acquired<br />

due to split or consolidation of old shares<br />

of stock exceeds the total of the amount required<br />

for the acquisition of old shares of stock, the<br />

amount of money to be deducted from the total<br />

of the amount required for the acquisition of<br />

the old shares of stock as provided for by the<br />

provision of the same paragraph shall be the<br />

amount obtained by deducting such excess from<br />

the total of the amount of money as acquired<br />

due to the split or consolidation.<br />

For purposes of application of the preceding<br />

paragraph, the value of new share of stock shall<br />

be its face value (or in case the new share of<br />

stock is no-par share of stock, the amount obtained<br />

by dividing the amount of capital of the<br />

corporation which issues sudh share of stock<br />

at the time of split or consolidation of old<br />

stores of stock by the number of shares of<br />

stock which have already been issued).<br />

In Article 12-(3) paragraph 1, "a corporation<br />

acquired the money" shall be amended as "a corporation<br />

acquired money or the otter property<br />

(excluding share of stock and investment; hereinafter<br />

the same in this paragraph)", "such<br />

money" as "such money or the other property",<br />

and "the money thus acquired" as "the money<br />

and the other property thus acquired"; in paragraph<br />

2 of the same Article, "In case a partner<br />

or investor of a corporation acquired money and<br />

shares of stock or investment of the other corporation<br />

as the refund of shares due to retirement<br />

or secession" sftiall be amended as "In case<br />

a shareholder, partner or investor of a corporation<br />

acquired shares of stock or investment of<br />

the other corporation, or shares of stock or investment<br />

of the other corporation and money and<br />

the other property as the refund due to the decrease<br />

of capital or investment of the corporation<br />

or as the distribution of residual assets due to<br />

the dissolution of the corporation", and "Art. 10-<br />

(3) par. 1 items 1 to 3 inclusive of the Law" as<br />

"each item of Art. 12-(3) par. 1"; in paragraph<br />

3 item 2 of the same Article, "Art. 10-(3) par.<br />

2 of the Law" shall be amended as "Art. 12-(4)",<br />

and "the paid-up amount of the new shares of<br />

stoick" as "ths amount paid for the new shares of<br />

stock"; in paragraph 4 of the same Article, "Art.<br />

10-(3) *pars. 1, 2 of the Law as well as the preceeding<br />

three paragraphs" shall be amended as "preceding<br />

four Articles and the preceding three paragraphs";<br />

paragraph 5 of the same Article shall<br />

be deleted; the same Article shall be -made Article<br />

12-(7) ; and the following one Article shall be<br />

added next to the same Article:<br />

-22<br />

Article 12-(8). The amount required for the acquisition<br />

of shares of stock or investment shall<br />

be the amount paid for the subscription of the<br />

said shares of stock or investment or the consideration<br />

of transfer cost of the said shares of<br />

stock or investment, except for the shares of<br />

stock or investment acquired due to succession,<br />

bequest or gift and those as provided for in the<br />

preceding five Articles.<br />

The following one paragraph shall be added<br />

next to Article 12-(4), and the same Article shall<br />

be made Article 12-(9) :<br />

With respect to the valuation method of inventories<br />

of an individual who files his return<br />

on blue form, for the year for which he is allowed<br />

to file blue return, he may use one of the<br />

methods enumerated below, 'besides the methods<br />

as provided for in each item of the preceding<br />

paragraph :<br />

1. Market rule The amount to be ordinarily<br />

required for acquiring the inventories on December<br />

31 of a year shall be the value of the<br />

inventories concerned ;<br />

2. Cost or market rule--The Value of the<br />

inventories appreciated under one of the methods<br />

as enumerated in each item of the preceding<br />

paragraph, or the value appreciation<br />

under one method as previously selected of the<br />

market rule as provided for in the preceding<br />

item, which even is the lower shall be deemed<br />

the value of the inventories concerned.<br />

In Article 12-(5), "Art. 10-(4)" shall be amended<br />

as "Art. 10-(3)", ana1 the same Article shall<br />

be made Article 12-(10).<br />

In Article 12-(6) paragraph 1, "Art. 10-(5)"<br />

shall be amended as "Art. 10-(4)", and the same<br />

Article shall be made Article 12-(11).<br />

In Article 12-'(7), "Art. 10-(5)" shall be amended<br />

as "Art. 10-(4)", and the same Article shall<br />

be made Article 12-(12).<br />

In Article 12-(8), "Art. 10-(6)" shall be amended<br />

as "Art. 10-(5)", and the same Article shall<br />

be made Article 12-(13).<br />

In Article 12-(9), "Art. 10-(6)" shall 'be amended<br />

as "Art. 10-(5)", and "Art. 10-(3) par. 1 to<br />

par. 3 inclusive of the Law" as "Art. 12-(3) to<br />

Art. 12-(7) inclusive", and the same Article shall<br />

be made Article 12-(14).<br />

In Article 12-(lp) ,paragraph 1, "Art. 12-(6)"<br />

shall be amended as "Art. 12-(11)", and the same<br />

Article shall be made Article 12-(15).<br />

In Article 12-(11), "Art. 21-(3)" shall be amended<br />

as "Art. 21-(2)", and the same Article shall<br />

be made Article 12-(16).<br />

In Article 12-(12), "the expenses which iiave<br />

been paid on account of the cause as enumerated<br />

below" shall be amended as "the expenses as enumerated<br />

below"; in item 1 of the same Article,<br />

"Medical examination or treatment" shall<br />

-V<br />

r


e amended as "Expenses paid for the medical<br />

examination or treatment"; in item 2 of the same<br />

Article, "Entering in a hospital" shall be amended<br />

as "Expenses paid for entering in a hospital"; in<br />

3>- item 3 of the same Article, "Operation" shall be<br />

amended as "Expenses paid for the operation";<br />

in item 4 of the same Article, "Medical care" shall<br />

be amended as "Expenses paid for the medical<br />

care"; in item 5 of the same Article, "Help"<br />

shall 'be amended as "Expenses paid for the help";<br />

item 6 of the same Article shall be amended as<br />

follows; and the same Article shall be made Article<br />

12-(17):<br />

^V 6. Expenses paid for purchasing the medicine<br />

necessary for surgical operation or medical<br />

treatment.<br />

Article 12-(13) to Article 12-(16) inclusive shall<br />

be amended as follows:<br />

f Article 12-(18). The deductions under the provisions<br />

of Article 11-(3) to Article 12 inclusive<br />

of the Law shall be made first in accordance<br />

with the provision of Art. 11-(3) of the Law,<br />

and shall be made secondly in accordance with<br />

the provisions of Art. 11-(4) to Art. 12 inclusive<br />

of the Law.<br />

ilm Article 13, "Art. 14 par. 1 item 2 of the Law"<br />

shall be amended as "Art. 14 item 2 of the Law".<br />

In Article 18, "June provisional return, farm<br />

July provisional return, October provisional retuirn,<br />

farm November provisional return, final return,<br />

farm final return" shall be amended as "July<br />

provisional return, November provisional return,<br />

final return".<br />

In Article 19 paragraph 1, "June provisional<br />

return, farm July provisional return, October provisional<br />

return or farm November provisional re-<br />

E turn" shall be amended as "July provisional return<br />

or November provisional return"; and item 2 of<br />

\ the same Article shall be amended as follows: -<br />

2. Matters concerning the national subsidy,<br />

prefectural subsidy, or city, town or village<br />

subsidy being not reckoned in the gToss<br />

receipts in accordance with the provision of<br />

Art. 9-(4) par. 1;<br />

In Article 19-(3), "Art. 21-(2) par. 1" shall<br />

be amended as "Art. 21 par. 3".<br />

In Article 19-(4) paragraph 1, "Art. 21-(3)"<br />

shall be amended as "Art. 21-(2)", and "May 15<br />

(or June 15, with regard to the farm income<br />

\ earner) of the year" as "June 15 of the year".<br />

In Article 19-(5), "Art. 21-(3)" shall be amended<br />

as "Art. 21-(2)", and "June provisional return<br />

or farm July provisional return" as "July provisional<br />

return".<br />

In Article 19-(6) paragraph 1, "Art. 21-(3)"<br />

shall be amended as "Art. 21-(2)"; and in item<br />

4 of the same paragraph, "Art. 11-(3) to Art,<br />

11-(6) inclusive" shall be amended as "Art. 11-<br />

(3) to Art. 11-(10) inclusive"; and the follow-<br />

23<br />

ing one Article shall be added next to the same<br />

Airtide :<br />

Article 19-(7). The provisions of the preceding<br />

three Articles shall apply mutatis mutandis to<br />

the case coming under Art. 21-(2) of the Law<br />

which applies mutatis mutandis in Art. 22 par.<br />

3 ofthe Law. In this case, in Art. 19-(4) par.<br />

1, "June 15" shall read "October 15", and in<br />

Ajrt. 1D-i(5), "JuJy provisional return" shall<br />

read "November iprovisional return".<br />

In Article 20 paragraph 1, "October revised provisional<br />

return or farm November revised provisional<br />

return" shall be amended as "revised pro*visional<br />

return".<br />

In Article 21 paragraphs 1 and 2, "Art. 21 of<br />

the Law, Art. 21-(2) of the Law and Arts. 22<br />

to 23 inclusive of the Law" shall be amended as<br />

"Art. 21 to Art. 23 inclusive of the Law", and<br />

"Provisional return" as "provisional return, written<br />

application or claim".<br />

In Article 22, "Art. 21 ipar. 1 item 8 of the Law<br />

was not stated in the June provisional return,<br />

farm July provisional return, October provisional<br />

return or farm November provisional return" shall<br />

be amended as "Art. 21 par. 1 item 8 or 9 of the<br />

Law was not stated in the July provisional return<br />

or November provisional return", and "Art. 11-<br />

(3) to Art. 11-(6) inclusive" as "Art. 9-(2), Art.<br />

ll-(3) to Art. ll-(10) inclusive".<br />

In Article 23, "or farm final return" shall be<br />

deleted; in item 3 of the same Article," par. 1"<br />

shall be deleted; in item 4 of the same Article,<br />

"Art. 12-(4) par. 1" shall be amended as "Art.<br />

12-(9)"; and in item 5 of the same Article, "Art.<br />

12-(6)" shall be amended as "Art. 12~(11)".<br />

Itn Article 23-(2) and Article 25 paragraph 1,<br />

"or farm final return" shall be deleted.<br />

In ^Article 26 paragraph 1, "or farm final return"<br />

shall be deleted; in paragraph 2 of the same<br />

Article, "or farm return" shall be deleted, and<br />

"Art. 26 par. 1 item 12" shall be amended as "Art.<br />

26 par. 1 item 11 or 12"; and paragraph 3 of the<br />

same Article shall be deleted.<br />

In Article 26-(2) paragraph 1, "Art. 26-(3)"<br />

shall be amended as "Art. 26-(2)"; in item 3 of<br />

the same paragraph, "Art. 23 par. 1 items 2 to<br />

6 inclusive" shall be amended as "Art. 23 items<br />

2 to 7 inclusive"; and in paragraph 2 of the same<br />

Article, "Art. 23-(2) and par. 3 of the preceding<br />

Article" shall be amended as "and Art. 23-(2)".<br />

In Article 26-(3), "A,rt. 26-(4)" shall be amended<br />

as "Art. 26-(3)".<br />

In Article 26-(4), "Art. 26-(4) par. 2 of the<br />

Law" shall be amended as "Art, 26-(3) par. 3<br />

of the Law".<br />

In Article 26-(5) "Art. 2C-(4)" shall be amended<br />

as "Art. 26-(3)".<br />

In Article 27 paragraph 1, "ar revised farm fin&]<br />

return'* shall be deleted, and "Art. 23 par,


1" shall be amended as "Art. 23"; in paragraph<br />

2 of the same Article, "Art. 26-(3)" shall be<br />

amended as "Art. 26-(2)"; and in paragraph 3<br />

of the same Article, "or revised farm final return"<br />

shall be deleted, and "Art. 26-(3)" shall be amended<br />

as "Art. 26-(2)" and "Art. 23 par. 1" as "Article<br />

23".<br />

In Article 28, " , revised farm final return" shall<br />

be deleted.<br />

In Article 29 paragraph 1, ",Art. 26-(2) par.<br />

1 of the Law" shall be deleted, "Art. 26-(3)" shall<br />

be amended as "Art. 26-(2)", and "Art. 23 par.<br />

1" as "Art. 23"; and in paragraph 2 of the same<br />

Article, "Art. 21, Art. 23-(2)," shall be amended<br />

as "Art. 21 Art. 22, Art. 23-(2) and ", and "and<br />

Art. 26 par. 2 and par. 3" shall be deleted.<br />

In Article 30 paragraph 1,", Art. 26-(2) par.<br />

1" shall be deleted, and "Art. 26-(3)" shall be<br />

amended as "Art. 26-(2)", and "Art, 23 par. 1"<br />

as "Art. 23"; in paragraph 2 of the same Article,<br />

"Art. ll-(5) of the Law and Art. 11-(6)" shall<br />

be amended as "Art. 11-(3) to Art. 11-(10)";<br />

and in paragraph, 3 of the same Article, "Art. 23-<br />

(2) and Art. 26 pars. 2 and 3" shall be amended<br />

as "Art. 22 and Art. 23-(2)".<br />

In Article 33 paragraph 1, "or Art. 26 par..4<br />

which applies mutatis mutandis in Art. 26-(2)<br />

par. 2 of the Law" and "or farm final return" shall<br />

be deleted; and in paragraph 4 of the same Article,<br />

"or Art. 26 par. 4 of the Law which applies<br />

mutatis 'mutandis in Art. 26-(2) par. 2 of the<br />

Law", "or farm final return" and "or revised farm<br />

final return" shall be deleted.<br />

In Article 36 paragraph 1, "June provisional return,<br />

farm July provisional return, October provisional<br />

return, farm November provisional return,<br />

October revised provisional return, farm<br />

November revised provisional return, final return,<br />

farm final return" shall be amended as "July provisional<br />

return, November provisional return, revised<br />

provisional return, final return"; and in<br />

paragraph 2 of the same Article, "Art. 21-(3)"<br />

shall be amended as "Art. 21-(2)", "July provisional<br />

return, farm July provisional return,<br />

or farm Novem'ber provisional return" as "July<br />

provisional return or November provisional return",<br />

and "Art. 22-(2)" as "Art. 22".<br />

In Article 37 paragraph 1, "the income tax due<br />

on the decedent referred to in par. 4 of the same<br />

Article (excluding the amount of tax already paid<br />

by the decedent)" shall be amended as "the income<br />

tax which is not yet paid by the decedent of<br />

the income tax to be paid by the decedent".<br />

In Article 39-(3) paragraph 1 and Article 39-<br />

(4) paragraph 1, ",farm final return" shall be<br />

deleted.<br />

Article 45,paragraph 1 item 4 shall be made<br />

item 8 of the same Article and item 3 of the same<br />

paragraph shall be amended as follows:<br />

24<br />

3. In case a reporter has the dependent, name,<br />

domicile, date of birth and relation to the reporter<br />

of the dependent, and the estimated amount<br />

of the total income for the year of the<br />

decedent and of the dependent is a physically<br />

handicapped person, the fact coming under<br />

any of the items of Article 6;<br />

4. fn case a reporter is a physically handicapped<br />

person, the effect that he is a physically<br />

handicaipped person and the fact coming under<br />

any of the items of Article 6;<br />

5. In case a reporter is an old aged person,<br />

the effect that he is an old aged person and<br />

date of birth of*him;<br />

6. In case a reporter is a widow, the effect<br />

that she is a widow, name, domicile, date of<br />

birth and relation to the reporter of the decedent,<br />

the estimated amount of the total income<br />

for the year of the said decedent, date<br />

of birth of a reporter and the fact coming<br />

under Art. 8 par. 4 item 1 of the Law or any<br />

of the item-of Art. 6-(2);<br />

7. In case a reporter is a working student, the<br />

effect that he is a working student,"name of<br />

school in which he is enrolled and date of<br />

entrance* in school, name of position in the<br />

place where the pay is paid, the fact showing<br />

* that the reporter has income as referred to<br />

in Art. 9 par. 1 items 4 to 6 inclusive, item<br />

9 or item 10 of the Law acquired due to his<br />

work, the estimated amount of the income<br />

other than the income acquired due to his<br />

work and the estimated amount of the total<br />

income for the year.<br />

In paragraph of the same Article, ", 3 and 4"<br />

shall be amended as "and 3 to 8 inclusive"; and<br />

the following proviso shall be added in the same<br />

paragraph :<br />

; provided that, in the report to be filed in the<br />

case where a person has been again employed<br />

in the course of year or where the payer of the<br />

subordinate pay has become the payer of the<br />

main pay, in the course of year the matters as<br />

enumerated in each item of the preceding paragraph<br />

and, if any of the earned income has been<br />

paid by the day on which the cause for filing the<br />

return has occurred in the course of year, the<br />

name for title of the payer of the pay concerned<br />

in case there are two or more payers, the payer<br />

of the main pay), the place of payment, the<br />

amount of earned income received from the<br />

said payer and the amount of income tax withheld<br />

from the earned income concerned under<br />

the provisions of Art. 38 par. 1 of the Law<br />

shall be stated in the return.<br />

The following one paragraph shall be added<br />

next to the,same Article:<br />

In the report to be filed in accordance with<br />

the provision of Ajrt. 39 par. 3 of the Law,


V<br />

^<br />

A<br />

\<br />

V<br />

the following matters shall be entered, and the<br />

report shall be filed with the chief of competent<br />

taxation office having jurisdiction over the place<br />

of payment of pay (in case there are two<br />

or more places of payment, the place of payment<br />

of the main pay) :<br />

1. Name of a person who is liable to file the<br />

report and his domicile (or the residence in<br />

case there is no domicile within the enforcement<br />

area of the Law);<br />

2. Name or title of payer of the pay;<br />

3. Kind of insurance, title of insurer, insured<br />

amount, name of insurance policy holder<br />

and name, domicile, date of birth and relationship<br />

with the reporter of recipient of<br />

insured amount, and the amount of insurance<br />

premium paid in the course of the year;<br />

4. Other relevant matters. *<br />

Article 46 paragraphs 1 to 5 inclusive shall be<br />

deleted; and in paragraph 6 of the same Article,<br />

"and par. 1, par. 2 or par. 4" shall be deleted.<br />

Article 49 shall be amended as follows:<br />

Article 49. The public notice under Art. 10-(3)<br />

par. 7 of the Law and the other public notice<br />

to be made for information in accordance with<br />

other laws shall be made in way of publishing in<br />

the official gazette the name of persons to whom<br />

such information is to be made and the matters<br />

to be informed.<br />

In Article 51, "from March 15 to 31 of the same<br />

month each year" shall be amended as "from April<br />

15 to 30 of the same month each year".<br />

In Article 52 paragraph 1 item (2), " ,farm final<br />

return, revised final return or revised farm final<br />

return" shall be amended as "or revised final return".<br />

In Article 54, "par. 6 of the same Article" shall<br />

be amended as "par. 4 of the same Article".<br />

In Article 59-(2), "farm final return", and<br />

" , revised farm return" shall be deleted.<br />

Supplementary Provisions :<br />

1 This Cabinet Order shall come into force as<br />

from April 1, 1951.<br />

2 In the Income Tax- Law Enforcement Regulations<br />

after amendments, the provisions concern-<br />

ing withholding of earned income and retire-<br />

ment income shall apply to the earned income<br />

and retirement income to be paid on or after<br />

April 1, 1951 and the other provisions shall ap-<br />

ply to the income tax for 1,951 or thereafter.<br />

Minister of Finance<br />

IKEDA Hayato"<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

25<br />

I hereby promulgate the Cabinet Order for Partial<br />

Amendments to the Corporation Tax Law<br />

Enforcement Regulations.<br />

Signed: H1R0HIT0, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Cabinet Order No. 71<br />

Cabinet Order for Partial Amendments to<br />

the Corporation Tax Law Enforcement<br />

Regulations<br />

* In accordance with the provisions of the Corporation<br />

Tax Law (Law No. 28 of 3947), the<br />

Cabinet establishes this Cabinet Order.<br />

The Corporation Tax Law Enforcement Regulations<br />

(imperial Ordinance No. Ill of 1947) shall<br />

be partially amended as follows:<br />

In Article 1 item 1, "and property wards" shall<br />

be amended as ", property wards and Port Authority<br />

under the provisions of the Port and Harbour<br />

Law (Law No. 218 of 1950)".<br />

In Article l-(2) paragraph 1, "Law No. 17<br />

of 1946" shall be amended as "Law No. 144 of<br />

1950".<br />

In Article 7 paragraph 3, "the paid-up amount<br />

of stock, amount of investment" shall be amended<br />

as "the amount of capital, amount of investment,<br />

amount of stock and total amount of investment";<br />

and in paragraph 5 of the same Article, "Art. 9-<br />

(8)" shall be amended as "Art. 9-(9)".<br />

Article 12 shall be made Article 11-(2); and<br />

the following two paragraphs shall be added next<br />

to the same Article:<br />

Article 12. In a case where a corporation operat-<br />

^ ing the business of electricity, gas, local railway<br />

or tramway enterprises received money or<br />

materials to create equipments necessary for<br />

such enterprises from consumers of electricity<br />

or gas, or users of railway or tramway or other<br />

persons who get benefit from such equipments,<br />

if the corporation has acquired the assets to<br />

construct its equipments with such money or<br />

materials and has entered in its inventory the<br />

amount of the assets thus acquired minus the^<br />

amount equivalent to such money or materials,<br />

the balance between the actual amount of the<br />

assets and the amount entered in its inventory<br />

shall be included into losses in computing the<br />

income for each accounting period.<br />

In case the corporation under the preceding<br />

paragraph has acquired for a creation of its<br />

equipments necessary for its enterprises the<br />

lands and other fixed assets enumerated in each<br />

item of Art. 13 par. 1 which constitute such<br />

equipments, and has entered the amount not<br />

less than 1 yen in its inventory as the bookvalue<br />

of such assets, the provision of the preceding<br />

paragraph shall apply mutatis mutandis<br />

to the amount equal to the balance between the<br />

acutual amount of such assets and he amount<br />

entered in its inventory.


Article 12-(2). The provision of the preceding<br />

paragraph shall not apply to a case where the<br />

effect that the balance between the actual amount<br />

of assets and the amount entered in the<br />

inventory is included into business expenses according1<br />

to the preceding Article is not stated<br />

in the return under Articles 18 to 21 inclusive<br />

of the Law.<br />

The provision of Art. 9 par. 2 shall apply<br />

mutatis mutandis to the case under the preceding<br />

paragraph.<br />

In Article 16, "the paid-up amount" shall be<br />

amended as "the face value (as for the share<br />

of a corporation issuing no-par stock, the amount<br />

obtained by dividing the amount of capital of the<br />

corporation concerned at the time when the share<br />

was redeemed by the total number of the issued<br />

stock) ".<br />

Article 17-(3) shall be amended as follows:<br />

Article 17-(3). The expenditure incurred to a<br />

corporation as result that the corporation paid<br />

the national tax and the cost to coercive collection<br />

or the imposition of the local public body<br />

in accordance with the provision of Art. 4-(6)<br />

or Art. 4-(7) of the National Tax Collection<br />

Law (Law No. 21 of 1897) or Art. 10-(2) or<br />

Art. 11-(3) of the Local Tax Law (Law No.<br />

226 of 1950) for a delinquent taxpayer (including<br />

a special collector; hereinafter the same)<br />

who is a shareholder, partner or investor (including<br />

the expenditure incurred as a result<br />

that the corporation did not exercise the right<br />

of claiming the compensation accruing because<br />

of the payment) shall not be included in the<br />

business expense in computing the income for<br />

the accounting period for which the expenditure<br />

was incurred.<br />

In case the corporation received money or<br />

other property from the taxpayer under the<br />

preceding paragraph as a result that the corporation<br />

exercised the right of claiming the compensation<br />

in or after the accounting period for<br />

which the expenditure under the same paragraph<br />

was incurred, the amount of the property thus<br />

received up to the amount of the expenditure<br />

under the same paragraph shall not be included<br />

in the gross income in computing the income for<br />

the accounting period in which the corporation<br />

received the money or other property.<br />

In Article 19, "paid-up amount" shall be amended<br />

as "the value" and the following one paragraph<br />

shall be added to the same Article:<br />

With regard to the application of the provision<br />

of the preceding paragraph, the value of<br />

the new share shall be the face value or invested<br />

amount; provided, that if the new share<br />

concerned is the share of the amalgamating<br />

corporation which issued the no-par stock due<br />

to amalgamation, such value shall be the a-<br />

26<br />

mount obtained by dividing the increased capital<br />

due to amalgamation (or the amount of capital<br />

at the time of the establishment of the new<br />

corporation, if new corporation was established<br />

due, to amalgamation) by the total number of<br />

the share issued due to the amalgamation conicerned.<br />

In Article 19á"(2) paragraph 1, "the paid-up<br />

amount of new share" shall be amended as "the<br />

paid-up amount for new share"; in paragraph 2<br />

of the same Article, "the book value under the<br />

preceding paragraph" as "the book value to be<br />

given to the old and new shares"; and the following<br />

two Articles shall be added next to the<br />

same Article:<br />

Article 19-(3). In case a corporation has acquired<br />

the share on the following causes in connection<br />

with its owned stock (hereinafter referred<br />

to as "old share" in this Article), the book<br />

value to be given to the old share and the acquired<br />

share (hereinafter referred to as "new<br />

share" in this Article) after the acquisition of<br />

the share shall, if under item 1, be the amount<br />

obtained by dividing the total amount of the<br />

acquisition cost of the old share and face value<br />

of the new share (or the issue price, if the<br />

new share is non-par stock) by the number<br />

of new share acquired for an old share concerned<br />

plus 1, and shall, if under item 2, be the<br />

amount obtained by dividing the acquisition cost<br />

of the old share (if some amount are deemed to<br />

be the amount received as dividend in accordance<br />

with the provision of Art. 9-(6) par. 2<br />

item,4 of he Law due to he transfer to he<br />

capital account under the same item, the acquisition<br />

cost of the old share plus the amount<br />

deemed to be the amount recieved as dividend)<br />

by the same number:<br />

1. If the issuing corporation of the old share<br />

concerned has distributed its profit in stock;<br />

2. If the issuing corporation of the old share<br />

has transferred its reserve to the capital account<br />

and has issued the share due to the<br />

transfer to the capital account.<br />

In case the issuing corporation of shares held<br />

by another corporation transferred its reserve<br />

under the provision of Art. 16 of the Law to<br />

the capital account but did not issue the share<br />

due to the transfer to capital account, the book<br />

value of the share to be given by a holding<br />

corporation after the transfer shall be the ac-<br />

*quisition cost of the share concerned plus the<br />

amount deemed in accordance with the provision<br />

of Art. 9-(6) par. 2 item 4 of the Law<br />

to be the amount received as dividend of profit<br />

for a share concerned due to the transfer.<br />

Article 19-(4). In case a corporation has acquired<br />

the stock due to the splits or consolidation<br />

of shares (hereinafter referred to as "old share"


y<br />

-\<br />

V-<br />

in this Article) which the corporation holds,<br />

the book value to be given to the acquired stock<br />

(hereinafter referred to as "new share") shall<br />

be the amount obtained by dividing the total<br />

amount of the acquisition cost of the old shares<br />

which the corporation concerned holds (if some<br />

amounts are acquired due to splits or consolidation<br />

of shares, the total amount of the acquisition<br />

cost of the old shares concerned shall<br />

be reduced by the total amount received) by the<br />

total number of the new shares which the corporation<br />

has acquired.<br />

In the case under the preceding paragraph,<br />

if the aggregate of the total amount of the<br />

new shares and the total amount of money which<br />

the corporation acquired due to splits 'or consolidation<br />

of old shares exceeds the total amount<br />

of acquisition cost of the old shares, the amount<br />

of money to be reduced from the total amount<br />

of the acquisition cost of the old shares in accordance<br />

with the provision of the same paragraph<br />

shall be the balance after deducting the<br />

excess from the total amount of money acquired<br />

due to the splits or consolidation.<br />

With regard to the application of the provision<br />

of the preceding paragraph, the amount<br />

of new share shall be the face value for the<br />

purpose of the application of the preceding<br />

paragraph (if the new share is a no-par stock,<br />

the amount obtained by dividing the amount<br />

of capital of the issuing corporation by the<br />

total number of the issued stocks at the time<br />

of the splits or consolidation of old shares).<br />

In Article 19-(3) paragraph 1, "; hereinafter<br />

the same" shall be added next to "including equity";<br />

and in paragraph 2 of the same Article "as<br />

a refund of shares due to the retirement of secession<br />

from the issuing corporation" shall be amended<br />

as "as a refund due to the decrease in<br />

capital of the issuing corporation or as a distribution<br />

of the residual assets due to the dissolution<br />

of the same corporation", and "each item<br />

of Art. 19" as "each item of Art. 19 par. 1";<br />

in paragraph 3 item 2 (a) of the same Article,<br />

"preceding Article" as "Art. 19-(2)", and "paidup<br />

amount of the share" as "paid-up amount for<br />

share"; in paragraph 4 of the same Article, "par.<br />

2 of the preceding Article" as "Art. 19-(2) par.<br />

2"; and the same Article shall be made Article<br />

19-(5).<br />

In Article 19-(4), "1954" shall be amended as<br />

"1955", and "preceding three Articles" as "preceding<br />

five Articles"; the same Article shall be<br />

made Article 19-(6) ; and the following one Article<br />

shall be added next to the same Article:<br />

Article 19-(7). In case a foreign corporation has<br />

become to hold the assets acquired or manufactured<br />

in its head office, branch or agency located<br />

outside the enforcement area of the Law in the<br />

-27<br />

branch, agency, etc. located inside the enforcement<br />

area of the Law, the book value to be<br />

given to the assets concerned shall be the cost<br />

to acquire or to manufacture the assets concerned<br />

plus fright charges or other expenses incurred<br />

after the acquisition or manufacture till<br />

they are transported to the branch, agency, etc.<br />

located inside the enforcement area of the Law.<br />

The following one item shall be added next to<br />

Article 24 paragraph 1 item 5:<br />

5-(2) Matters concerning the inclusion in the<br />

losses with respect to the assets under Art.<br />

12.<br />

The folowing one item shall be added next to<br />

Article 25 item 3:<br />

3-(2) As to par. 1 iteem 5-(2) of the preceding<br />

Article, documents stating therein the<br />

total of the amount of money and material<br />

under Art. 12 par. 1, the total of the cost<br />

of the assets acquired with such money and<br />

material and the amount recorded in the inventory<br />

or total amount of the assets under<br />

par. 2 of the same Article and the total amount<br />

recorded in inventory.<br />

In item 10 of the same Article, "the premium,<br />

number of shares and the expense for the issuance<br />

of the share'' shall be amended as "the<br />

excess over the face value of a par stock or such<br />

part of the issue price of a non-par stock as was<br />

not transferred to the capital account and total<br />

number of these shares".<br />

In Article 33, "par. 3" shall be amended as<br />

"par. 4".<br />

In Article 37, "(Law No. 21 of 1897)" shall<br />

be deleted.<br />

Supplementary Provisions ;<br />

1 This Cabinet Order shall come into force as<br />

from April 1, 1951.<br />

2 TheEprovisions of the Corporation Tax Law<br />

Enforcement Regulations after amendment<br />

under this Cabinet Order shall apply to the corporation<br />

tax for the accounting period of a corporation<br />

ending on or after April 1, 1951.<br />

3 The Cabinet Order for Partial Amendments<br />

to the Corporation Tax Law Enforcement Regulations<br />

(Cabinet Order No. 70 of 1950) shall<br />

be partially amended as follows:<br />

In paragraph 13 of the Supplementary Provisions,<br />

"Japan Export Bank'7 shall be added<br />

next to "bank".<br />

4 The provision of paragraph 13 of the Supplementary<br />

Provisions of the Cabinet Order for<br />

Partial Amendments to the Corporation Tax<br />

Law Enforcement Regulations after amendment<br />

under the provision of the preceding paragraph<br />

shall apply to the corporation tax for the accounting<br />

period of the Japan Export Bank ending<br />

on or after March 31, 1951.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru


1 hereby promulgate the Cabinet Order for Partial<br />

Amendments to the Commodity Tax Law Enforcement<br />

Regulations.<br />

Signed: HIROIIITO, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Cabinet Order No. 72<br />

Cabinet Order for Partial Amendments<br />

to the Commodity Tax Law Enforcement<br />

Regulations<br />

In accordance with the Commodity Tax Law<br />

(Law No. 40 of 1940), and for the purpose of<br />

enforcing the same Law, the Cabinet establishes<br />

this Cabinet Order.<br />

The Commodity Tax Law Enforcement Regulations<br />

(Imperial Ordinance No. 150 of 1940) shall<br />

be partially amended as follows:<br />

In Article 1 paragraph 1 and Article 4 paragraph<br />

1, "Article 1 of the Commodity Tax Law"<br />

shall be amended as "Article 1 paragraph 1 of<br />

the Commodity Tax Law".<br />

The following one Article shall, be added next<br />

to Article 13:<br />

Anicle 13-(2). The quantity of saccharine or<br />

dulcin used for the artificial solid sweetening<br />

stuffs for seasoning made from saccharine or<br />

dulcin shall be computed on the basis of the<br />

quantity of saccharine or dulcin which is contained<br />

in the artificial solid sweetening stuffs<br />

for seasoning concerned.<br />

In Article 22-(2) item 1, "(excluding objects<br />

of art and curios)" shall be amended as "(excluding<br />

objects of art and curios, but including<br />

those as provided for in the Annexed Table as<br />

non-taxable for ;the commodity tax purposes according<br />

to the prices and forms)", "Annexed<br />

Table" as "the same Table"; in item 2 of the<br />

same Article, "saccharine and dulcin" shall be<br />

amended as "malt sugar, saccharine and dulcin<br />

or artificial sweetening stuffs made from saccharine<br />

and dulcin".<br />

In Article 26 item 3, "(including those as proá"<br />

vided for in the Annexed Table as non-taxable<br />

for the commodity tax purpose according to the<br />

prices and forms)" shall be added next to "Class<br />

II"; in item 4 b) of the same Article, "tanbourine,<br />

castanet, trianble" shall be amended a "and tanbourine";<br />

in item 5 of the same Articte "vacuum<br />

bulb" shall be deleted; and the following two items<br />

^hall be added next to the same item:<br />

5-(2) Parts of radio receiver, vacuum bulb<br />

for receiver, loudspeaker as enumerated in<br />

Annexed Table which are used for communication<br />

or electric instruments; excluding those<br />

as enumerated in Article 12 paragraph 1 item<br />

1 of the Commodity Tax Law;<br />

-28-<br />

5-(3) Papers used for electric insulator as<br />

enumerated in the Annexed Table.<br />

Article 37-(4) shall be made Article 37~(10);<br />

Article 37-(5) shall be made Article 37-(11) ; and<br />

the following six Articles shall be added next to<br />

Article 37-(3) :<br />

Article 37-(4). The Director of Tax Administration<br />

Agency, chief of tax administration bureau<br />

or chief of taxation office may, if he deems<br />

it necessary, order the manufacturer of such<br />

commodities under Class I or II as designated<br />

by the Minister of Finance to paste the commodity<br />

tax certificate or commodity tax indication<br />

certificate under the provision of Article<br />

16-(2) paragraph 1 of the Commodity Tax Law<br />

(hereinafter referred to as "commodity tax certificate,<br />

etc.") on the commodities under Class<br />

I or II carried out by him (excluding commodities<br />

which are deemed to have been carried out<br />

in, accordance with the provision of Article 7<br />

paragraph 1 item 1 or 2 of the Commodity Tax<br />

Law and excluding commodities which are carried<br />

out in accordance with the provision of<br />

Article 11 paragraph 1, Article 12 paragraph<br />

1 or Article 13 paragraph 1 of the same Law).<br />

Article 37-(5). The commodity tax certificate<br />

shall be delivered to the manufacturer of commodities<br />

under Class I or II by the chief of<br />

taxation office having jurisdiction over the location<br />

of his manufactory.<br />

Article 37(6). When the manufacturer of commodities<br />

under Class I or II intends to get the<br />

indication under the provision of Article 16-(2)<br />

paragraph 1 of the Commodity Tax Law in accordance<br />

with the provision of paragraph 4 of<br />

the same Article, he shall apply for the effect<br />

to the chief of taxation office having jurisdiction<br />

over the location of his manufactory and<br />

get the indication under the same paragraph.<br />

Article 37-(7). A person who was ordered to<br />

paste the commodity tax certificate, etc. in accordance<br />

with the provision of Article 37-(4)<br />

shall, under the instruction by the chief of competent<br />

taxation office, paste the commodity tax<br />

certificate delivered in accordance with the pro^<br />

vision of Article 37-(5) or the commodity tax<br />

indication certificate under the provision of Article<br />

16-(2) paragraph 1 which he got in accordance<br />

with the provision of the preceding1<br />

Article on the commodities under Class I or II<br />

which he manufactured, receptacles or packing<br />

thereof.<br />

Article 37-(8). A person who was ordered to<br />

paste the commodity tax certificate, etc. in accordance<br />

with the provision of Article 37-(4)<br />

shall record in the number of certificates he<br />

received or he pasted and the day when he<br />

received or pasted according to the varying<br />

kind of the certificates.


Article 37-(9). Where the manufacturer of commodities<br />

under Class I or II intends to get the<br />

approval in accordance with the provision of<br />

proviso to Article 16-(3) paragraph 1 with respect<br />

to the transfer of the commodity tax certificate,<br />

etc. before pasting he shall get the<br />

approval by submitting to the taxation office<br />

having jurisdiction over the location of his<br />

manufactory the application signed by him and<br />

a person to whom the commodity tax certificate<br />

is transferred stating therein the kind and<br />

number of the commodity tax certificate, etc.<br />

concerned.<br />

A person to whom the commodity tax certificate,<br />

etc. under the approval mentioned in<br />

the preceding paragraph was transferred shall<br />

submit to the taxation office having jurisdiction<br />

over the location of his manufactory the application<br />

stating therein the kind and number of<br />

the commodity tax certificate concerned, day<br />

when it was transferred, name or title of the<br />

transferred and his manufactory.<br />

In Class I Group A item (1) c) of the Annexed<br />

Table, "Bags....of golf-clubs" shall be amended<br />

as "Bags for golf-clubs"; in item (4)<br />

a) of the same Group, "agate (excluding those<br />

for seals)" as "agate (limited to "stripe agate<br />

and artificially coloured one, but excluding one<br />

for seals)", and "Torame-ishi" shall be deleted;<br />

in item (6) a) and d) of the same Group, "trophy<br />

cups," shall be amended as "jewel boxes, trophy<br />

cups,"; in item (7) of the same group, "personal<br />

effects and toilet articles" as "personal effects,<br />

toilet articles and jewel boxes"; in item (8) of<br />

the same Group, "trophy cups" as "jewel boxes,<br />

trophy boxes,"; in item (9) of the same Group,<br />

"chair cloth" shall be added next to "and sleeves<br />

of clothes"; in Group B item (10) f) of the same<br />

Class, "magazines," shall be added next to "lenses,";<br />

in Group C item (17) a) of the same Class,<br />

"drums" shall be amended as "drams and symbals";<br />

in item (24) b) of the same Group, "of which<br />

motive power is less than 2 horse-power" shall<br />

be amended as "which are operated with the motive<br />

power of 2 horse-power or less"; in Group D item<br />

(42) a) ii), "Article flowers, kusudama (excluding<br />

one used for Deities and Buddha)" shall be<br />

amended as "Artificial flowers kusudama", and<br />

"used for Deities and Buddha and those" shall<br />

be added next to "ornaments, excluding those";<br />

in item (43) b) of the same Group, "including<br />

those with dial plates or hands" shall be amended<br />

as "including those with dial plates or hands, but<br />

excluding those used for the other commodities<br />

than such clocks and watches as enumerated in<br />

a)"; in item (44) d) of the same Group, "(but<br />

excluding cases for exhibition)" shall be added<br />

next to "of which width or height is less than<br />

40 centimeters"; in item (49) d) of the same<br />

-29<br />

Group, "needle boxes," shall be added next to<br />

"dress boxes,"; in e) of the same item, "board for<br />

go, Japanese chess or chess" shall be amended<br />

as "board for go, Japanese chess or chess" "jewel<br />

boxes, needle boxes, han-eri boxes, necktie boxes,<br />

other boxes of similar nature (excluding those<br />

of which width or height is less than 40<br />

centimeters)" as "jewel boxes, han-eri boxes<br />

and necktie boxes"; in item (55) b) (i)<br />

of the same Group, "those sulphate acid<br />

tiles of which thickness is not shorter than<br />

one centimeter", shall be added next to "but excluding",<br />

in item (57). of the same Group, "chair<br />

cloth" next to "collar and sleeve of clothing"; and<br />

in item (65) of the same Group, "use of for working<br />

up of foodstuffs" shall be amended as "which<br />

are soluble and used for working up of foodstuffs".<br />

Supplementary Provision :<br />

This Cabinet Order shall come into force as<br />

from April 1, 1951.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

I hereby promulgate the Cabinet Order for Partial<br />

Amendments to the National Tax Collection<br />

Law Enforcement Regulations.<br />

Signed: HIROHITO, Seal of the Emperor<br />

This thirty-first day of the third month of<br />

the twenty-sixth year of Showa (March 31, 1951)<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

Cabinet Order No. 73<br />

Cabinet Order for Partial Amendments<br />

to the National Tax Collection Law Enforcement<br />

Regulations<br />

In accordance with the National Tax Collection<br />

Law (Law No. 21 of 1897) and for the purpose<br />

of enforcing the same Law, the Cabinet establishes<br />

this Cabinet Order.<br />

The National Tax Collection Law Enforcement<br />

Regulations (Imperial Ordinance No. 135 of 1902)<br />

shall be partially amended as follows:<br />

In Article 8 item 2, "Article 21-(3)" shall be<br />

amended as "Article 21-(2)"; and in item 3 of<br />

the same Article, "The estimated income tax of<br />

which correction" shall be amended as "Taxes<br />

of which correction'', and "income tax" as "miscellaneous<br />

taxes"; and in item 5 of the same Article,<br />

"sold" shall be amended as "carried out of<br />

the sale place".<br />

The following one Article shall be added next<br />

to Article 8:<br />

Article 8-(2). The receives of taxpayers and<br />

other individuals with a special relation with<br />

taxpayer under Article 4-(7) paragraph 1 of


the National Tax Collection Law shall be persons<br />

as falling under any one of the following<br />

items:<br />

1. Spouse of taxpayer (including a person who<br />

has made no report on marriage, but actually<br />

kept a same relation with taxpayer as a married<br />

couple;<br />

2. Lineal ascendant and descendant of taxpayer;<br />

3. Except for persons enumerated in the preceding<br />

two items, relatives of taxpayer who<br />

live with him in one household or who maintain<br />

their households with money or other<br />

property received from him;<br />

4. Except for persons enumerated in the preceding<br />

three items, employees of taxpayer<br />

(excluding corporation) or other persons who<br />

maintain their households with money or other<br />

property received from him;<br />

5. If the taxpayer is a family corporation,<br />

stockholders or members of the family corporation<br />

and persons who have such special<br />

relation as enumerated in any one of the preceding<br />

four items with the stockholders and<br />

members.<br />

The family corporation under item 5 of thew<br />

preceding paragraph shall mean the company<br />

which falls under the family corporation under<br />

Article 7-(2) paragraph 1 of the Corporation<br />

Tax Law at the time of disposition under Article<br />

4-(7) paragraph 1 of the National Tax<br />

Collection Law and the stockholder or member<br />

under item 5 of the preceding paragraph shall<br />

be limited to the stockholder or member whose<br />

status became the standard in determining such<br />

company be the family corporation or not.<br />

Article 11 shall be amended as follows:<br />

Article 11. If the collection of tax is to be postponed<br />

by way of installment collection in accordance<br />

with Article 7 paragraph 1 or 2 of the<br />

National Tax Collection Law, the installment<br />

money shall be the "amount computed by equally<br />

dividing the tax amount of which collection is<br />

to be postponed; provided that, this shall not<br />

apply to the case where there is any reason<br />

difficulty of taking such method.<br />

Article 11-(2). A person who intends to get a<br />

benefit of postponement of collection in accordance<br />

with Article 7 paragraph 1 or 2 of the<br />

National Tax Collection Law shall file a written<br />

application in which the following matters are<br />

stated with the competent txation office:<br />

1. Name and domicile or residence of taxpayer<br />

and, if his administrator for taxpayment files<br />

the written application, his name and domicile<br />

or residence;<br />

2. National tax and disposal charges of delinquency<br />

to be collected or paid;<br />

-30-<br />

3. That portion of the amount under the preceding<br />

item for which the taxpayer applies<br />

the postponement of collection and the reason<br />

why he cannot pay such amount in lump sum<br />

cash;<br />

4, Postponement period of collection for which<br />

the taxpayer applies and instalment amount<br />

if he intends to get a benefit of postponement<br />

by way of instalment collection, the due date<br />

of payment thereof and the reason for difficulty<br />

if the instalment amount is not the amount<br />

computed by equally dividing the tax<br />

amount.<br />

A person who intends to get a benefit of<br />

postponement of collection in accordance with<br />

Article 7 paragraph 2 of the National Tax Collection<br />

Law shall, if the amount for which taxpayer<br />

applies the postponement of collection<br />

exceeds 50,000 yen, enter in detail the kind,<br />

quantity, value and location of the security to<br />

be offered, (if the security is the guarantee by<br />

guarantor, his name and domicile or residence)<br />

and other matters for reference in the written<br />

application in addition to the matters enume-<br />

1 rated in each item of the preceding paragraph;<br />

provided that, if there is a special reason to<br />

prevent the offer of security, such reason shall<br />

be entered in the written application.<br />

A person who intends to get a benefit of postponement<br />

of collection in accordance with Article<br />

7 paragraph 1 of the National Tax Col-<br />

' lection Law shall, if he has been required to<br />

offer the security in accordance with Article<br />

7-(2) paragraph 1 of the same Law, offer the<br />

security offering writ in which matters enumerated<br />

in the principal sentence of the preceding<br />

paragraph are stated.<br />

Article 11-(3). The kind of security under Article<br />

7-(2) paragraphs 1 and 2 of the National<br />

Tax Collection Law shall be as follows:<br />

1. National and local bonds and such*corporate<br />

debentures and other securities as recognized<br />

by the chief of taxation office as sound;<br />

2. tand;<br />

3. Insured house;<br />

4. Standing tress insured;<br />

5. Vessels insured;<br />

6. Factory foundation, mining foundation and<br />

fishery foundation ;<br />

7. Guarantee by guarantor recognized by the<br />

chief of taxation office as being trustworthy.<br />

Article 11-(4). A person who intends to offer the<br />

property enumerated in item 1 of the preceding<br />

Articles as security shall deposit the property<br />

concerned and submit the receipt certificate<br />

of deposit to the competent taxation office; provided<br />

that, with respect to the registered national<br />

bonds and to the corporate debentures<br />

registered in accordance with the Corporation


y<br />

Debentures, Etc. Registration Law, he shall<br />

make the registration and submit the registration<br />

certificate to the competent taxation office,<br />

and while, with respect to the national bonds<br />

registered in Class B national bonds registration<br />

ledger, he shall deposit the certificate of<br />

registered national bonds and submit the receipt<br />

certificate of the deposit.<br />

In case any person has offered as security<br />

any property as enumerated in items 2 to 6 inclusive<br />

of the preceding Article, the chief of<br />

taxation office shall entrust the register or registration<br />

of mortgage to the registry or registration<br />

authority.<br />

A person who intends to make the guarantee<br />

with a guarantor as referred to in item 7 of<br />

the preceding Article shall submit a document<br />

certifying the guarantee by a guarantor to the<br />

competent taxation office.<br />

In Article 12 paragraph 1, "the demand charges<br />

for taxpayment," shall be deleted.<br />

In Article 13, "bailiff (shittatsuri)" shall be<br />

amended as "bailiff (shikkori)".<br />

Article 14 shall be amended as follows:<br />

Article 14. Deleted.<br />

In Article 17, "the demand charges for taxpayment"<br />

shall be deleted; and the following two<br />

Articles shall be added to the same Article:<br />

Article 17-(2). In case the tax collector has released<br />

the attachment of the property, if there<br />

is any public charges or other obligation due<br />

on the property concerned, he shall notify the<br />

competent administrative organization, local<br />

public body or creditor concerned to that effect,<br />

- without delay.<br />

Article 17-(3). A case where the exercise of<br />

delinquency disposal may be postponed in accordance<br />

with the provision of Article 12-(2)<br />

paragraph 1 of the National Tax Collection Law<br />

shall be the case where it is feared that business<br />

of delinquent taxpayer is seriously impeded<br />

if the delinquency disposal is taken and<br />

also the case which comes under the following<br />

cases:<br />

1. Where even if the delinquency disposal is<br />

taken against the delinquent taxpayer immediately,<br />

the collectible money is less than<br />

the national tax and disposal charges of delinquency<br />

to be collected; or where it seems<br />

seriously difficult to exercise the delinquency<br />

disposal at once in view of the conditions of<br />

property which is to be subject to the delinquency<br />

disposal ;<br />

2. Where a delinquent taxpayer seems to have<br />

sincere intention for taxpayment in view of<br />

affairs of the taxpayment in the past;<br />

3. Where a delinquent taxpayer seems to be<br />

able to increase in capacity of payment of na-<br />

81<br />

tional tax and disposal charges or delinquency<br />

within three-year-period in view of business<br />

activities of delinquent taxpayer, conditions<br />

of profits and of borrowing capacity, etc.<br />

The postponement of the delinquency disposal<br />

under the provision of Article 12-(2) paragraph<br />

1 of the National Tax Collection Law shall be<br />

made by way of postponement of the public sale<br />

(including the purchase by the Government and<br />

the sale by way of private contract) of a delinquent<br />

taxpayer's property; provided that, the<br />

attachment may be postponed or released for<br />

the property for which, if the attachment is<br />

made, it is feared that it seriously impedes the<br />

business activity.<br />

Article 19 item 3 shall be amended as follows:<br />

3. Method of public sale (in a case by way<br />

of tender under the provision of Article 25-<br />

(2) paragraph 1, such method of tendering),<br />

place of tender and date thereof.<br />

The following three Article shall be added next<br />

to Article 25:<br />

Article 25-(2). In a case where many properties<br />

in the same kind and with the same value are<br />

put on the public sale by way of plural tenders<br />

at one time, if the tax collector recognizes any<br />

necessity, the tax collector shall make a person<br />

who intends to purchase the properties concerned<br />

tender with respect to the quantity and unit<br />

price the tenderer wants to the extent of the<br />

quantity of the properties concerned, and the<br />

tax collector may determine successful tenders<br />

from the highest unit price tenderer to lower<br />

unit price tenderers in order, not less than the<br />

estimated unit price, to the extent of quantity<br />

of the properties concerned.<br />

In the case under the preceding paragraph,<br />

if the total quantity of successful tendering of<br />

the lowest successful tender and other successful<br />

tenderers exceeds the quantity of the properties<br />

concerned, the quantity in excess shall<br />

be deemed not to have been tendered.<br />

Article 25-(3). In a case where successful tenderers<br />

are determined in accordance with the<br />

provisions of paragraph 1 of the preceding Article,<br />

if there are two or more tenderers who<br />

made the tender at the same price, a tenderer<br />

whose tendering quantity is largest shall be the<br />

successful tenderer with priority and if their<br />

tendering quantities are equal, the successful<br />

tenderer shall be determined by lottery.<br />

Article 25-(4). In a case where the successful<br />

tender was determined in accordance with the<br />

provision of Article 25-(2) paragraph 1, if there<br />

is any successful,tenderer who does not conclude<br />

the selling contract, the quantity deemed not<br />

to have been tendered in accordance with the<br />

provision of paragraph 2 of the same Article


may be knocked down first to the successful<br />

tenderer under the provision of the same paragraph<br />

to the extent of the quantity that was<br />

knocked down to the successful tenderer who<br />

does not conclude the selling contract, and then<br />

the tendering quantity of the unsuccessful<br />

tenderer under the provision, of the preceding<br />

Article may be knocked down to him.<br />

In t|ie case under the preceding paragraph,<br />

if there are two or more unsuccessful tenderers<br />

in accordance with the provision of the preced-'<br />

ing Article, the order of priority shall be determined<br />

by applying mutatis mutandis the provision<br />

of the same Article, and if there is a<br />

case where the provision of Article 25-(2) paragraph<br />

2 is to apply to the tendering quantity<br />

of a tenderer with the last priority, the provision<br />

of the same paragraph shall apply thereto.<br />

In Article 29, "bailiff (shittatsuri)" shall be amended<br />

as "bailiff (shikkori)", and "the demand<br />

charges" shall be deleted.<br />

In Article 31-(4) paragraph 1, ", demand<br />

charges" shall be deleted; and the following one<br />

Article shall be added next to the same Article:<br />

Article 31-(5). In the provisions of the National<br />

Tax Collection Law (excluding Article 4-(6)<br />

paragraph 2, Article 24 paragraph 2, Article<br />

27 an'd Article 31-(6) paragraph 1 of the same<br />

Law), "the government" shall be the chief of<br />

tax administration bureau, chief of taxation<br />

office and chief of customs house in the case<br />

under Article 21-(2) , and chief of taxation office<br />

having jurisdiction over a taxpayer or a delinquent<br />

taxpayer in other cases; provided that,<br />

if a tax collector of the tax administration bureau<br />

collects national taxes and disposal charges<br />

of delinquency in accordance with the preceding<br />

Article, it shall be a chief of tax administration<br />

bureau with respect to the collection of national<br />

tax and disposal charges of delinquency.<br />

In Article 9, Article 11-(2) to Article 11-(4)<br />

inclusive, "taxation office" or "chief of taxation<br />

office" shall, if the tax collector of the tax administration<br />

bureau collects national tax and<br />

disposal charges of delinquency in accordance<br />

with the preceding Article, be the tax administration<br />

bureau or the chief of tax administration<br />

bureau with respect to the collection of<br />

national tax and disposal charges of delinquency<br />

concerned.<br />

Supplementary Provisions :<br />

1 This Cabinet shall come into force as from<br />

April 1, 1951.<br />

2 For the time being, in Article 11-(2) paragraph<br />

1 and Article 17-(3) paragraph 1 of<br />

the National Tax Collection Law Enforcement<br />

Regulations, "national tax and coercive collection<br />

charges" shall read "national tax, demand<br />

charges, arrearage charges and disposal charges<br />

of delinquency", in Article 31-(5) of the same<br />

Regulations, "preceding Article" shall read<br />

"preceding Article (including the cases where<br />

the old Law still applies in accordance with<br />

paragraph 3 of the Supplementary Provisions<br />

fo the Law for Partial Amendments to the National<br />

Tax Collection Law (Law No. 69 of 1950)<br />

or pargaraph 10 of the Supplementary Provisions<br />

of the Law for Partial Amendments<br />

to the National Tax Collection Law (Law No.<br />

78 of 1951)", and "national tax and coercive<br />

collection charges" shall read "national tax,<br />

demand charges, arrearage charges and disposal<br />

charges for delinquency".<br />

3 The amount of tax to he collected or paid in<br />

addition to or together with the old national<br />

taxes under the provision of paragraph 17 of<br />

the Supplementary Provisions of the Law for<br />

Partial Amendments to the National Tax Collection<br />

Law (Law No. 78 of 1951) (hereinafter<br />

referred to as the "amended Law") shall be<br />

the amount of tax to be paid or collected because<br />

a taxpayer filed the return after the due<br />

date of filing the return or filed the revised<br />

return, or his tax liability was determined or<br />

corrected, or he did not withhold the income tax<br />

or did not turn over the withheld income tax<br />

with respect to the old national taxes (excluding<br />

commodity tax, increased income tax and<br />

extraordinary excess profit tax).<br />

4 The provisions of Article 11 and Article 11-(2)<br />

paragraphs 1 and 3 of the National Tax Collection<br />

Law after amendments shall apply mutatis<br />

mutandis to the postponement of tax collection<br />

under the provision of paragraph 17 of<br />

the Supplementary Provisions of the amended<br />

Law.<br />

5 In the Supplementary Provisions of the amended<br />

Law, "the Government" shall be a chief<br />

of taxation office having jurisdiction over a taxpayer<br />

or delinquent taxpayer; provided that, in<br />

case the tax collector of the tax administration<br />

bureau collects the national tax, demand<br />

charges, arrearage charges and disposal charges<br />

of delinquency in accordance with the provision<br />

of Article 31-(4) of the National Tax Collection<br />

Law Enforcement Regulations (including the<br />

cases where the old Law still applies in accordance<br />

with the provisions of paragraph 3 of the<br />

Supplementary Provisions of the Law for Partial<br />

Amendments to the National Tax Collection<br />

Law (Law No. 69 of 1948) or of paragraph 10<br />

of the Supplementary Provisions of the amended<br />

Law) it shall be the chief of the tax administration<br />

bureau with respect to the collection of<br />

the national tax, demand charges, arrearage<br />

charge and disposal charges of delinquency.<br />

Minister of Finance<br />

IKEDA Hayato<br />

Prime Minister<br />

YOSHIDA Shigeru<br />

32-


4T ',<br />

MINISTERIAL ORDINANCES<br />

Ministry of Finance Ordinance No. 17<br />

March 31, 1951<br />

In accordance with the provisions of the Income<br />

lax Law (Law No. 27 of 1947) and the Income<br />

Tax Law Enforcement Regulations (Imperial Ordinance<br />

No. 110 of 1947), the Ministerial Ordinance<br />

for Partial Amendments to the Income Tax<br />

Law Enforcement Rules shall be established as<br />

follows :<br />

Minister of Finance<br />

IKEDA Hayato<br />

Ministerial Ordinance for Partial Amendments<br />

to the Income Tax Law Enforcement<br />

Rules<br />

The Income Tax Law Enforcement Rules (Ministerial<br />

Ordinance No. 29 of 1947) shall be partially<br />

amended as follows:<br />

In Article 1, "Article 12-(6) of the Regulations<br />

or Article 12-(7) of the Regulations" shall be<br />

amended as "Article 12-(11) of the Regulations<br />

or Article 12-(12) of the Regulations".<br />

In Article 6, "Article 12-(4)" shall be amended<br />

as "Article 12-(9) paragraph 1".<br />

In Article 8, "Article 12-(6)" shall be amended<br />

as "Article 12-(11)".<br />

In Article 9, "Article 26-(4)" shall be amended<br />

as "Article 26-(3)".<br />

In Article 14 paragraph 3, "Article 12-(4)"<br />

shall be amended as "Article 12-(9)" and "Article<br />

12-(5)" as "Article 12-(10)".<br />

In Article 20, ", Article 40 of the Regulations<br />

or Article 46 paragraph 4 of the Regulations"<br />

shall be amended as "or Article 40 of the Regulations".<br />

In Article 21, "or Article 46 paragraph 4 of<br />

the Regulations" shall be deleted.<br />

In Article 22, "In a case where the excess amount<br />

as provided for in Article 40 of the Law<br />

is to be appropriated for the income tax to be<br />

withheld in the last pay for the year concerned<br />

or in the pay for the following year in accordance<br />

with the provisions of Article 46 paragraphs<br />

1 and 2 of the Regulations" shall be amended as<br />

"In a case where the excess amount as provided<br />

for in Article 40 of the Law is to be appropriated<br />

for the income tax to be withheld from the last<br />

pay of the year and then if there is still excess<br />

amount, the said excess amount is to be appro-<br />

Diiated for the income tax to be withheld from<br />

the pay of the ensuing year" and "as provided<br />

for in Article 46 paragraph 1 of the Regulations"<br />

as "as provided for in the same Article."<br />

The following Article shall be added next to<br />

Article 24:<br />

Article 24-(2). A person who became to pay<br />

newly salaries, pays, wages, yearly allowances,<br />

annuities, pensions, bonuses or other pays of<br />

-38<br />

similar nature within the enforcement area of<br />

the Law (excluding the payer of the pay coming<br />

under the provision of Article 42 of the Regulations.)<br />

shall file to the chief of competent<br />

taxation office a report stating therein matters<br />

as enumerated below within one month after<br />

the day on which he became to pay,the pays concerned<br />

in accordance with the provision of Article<br />

60 of the Law:<br />

(1) Name or title of the payer of the pay and<br />

place where pay is paid;<br />

(2) Date at which he became to pay the pays;<br />

(3) Number of persons classified by positions<br />

of employees;<br />

(4) Other relevant matters.<br />

A person who had paid salaries, pays, wages,<br />

yearly allowances, annuities, pensions, bonuses<br />

or other pays of similar nature within the enforcement<br />

area of the Law ^excluding the payer<br />

of the pay coming under the provision of Article<br />

42 of the Regulations.), if he did not become<br />

to pay those pays, shall report that effect<br />

to the chief of competent taxation office within<br />

one month after the day on which he did not<br />

become to pay the pays concerned.<br />

In Article 30 paragraph 1 item (2), "paid-up<br />

amount" shall be amended as "value under the<br />

provision of Article 61-(2) paragraph 2 of the<br />

Law" and in paragraph 3 of the same Article,<br />

"if the amount as enumerated in each item ofN<br />

Article 61-(2) paragraph 1 of the Law (in a case<br />

where the amount is paid or delivered in several<br />

installments, the cumulative total of the amount)<br />

is less than 5,000 yen" shall be amended as "with<br />

respect to the shareholder, partner or- investor<br />

who accepted the amount as enumerated in each<br />

item of Article 61-(2) paragraph 1 of the Law<br />

(in a case where the amount is paid or delivered<br />

in several installments, the cumulative total of the<br />

amount) if the said amount is less than 5,000 yen"<br />

and paragraph 4 of the same Article shall be<br />

deleted and the following two Articles shall be<br />

added next to the same Article:<br />

Article 30-(2). In a case where a corporation<br />

having its head office or principal place of business<br />

within the enforcement area of the Law<br />

has transferred its reserves as provided for in<br />

Article 16 of the Corporation Tax Law into<br />

capital account, it shall notice to the chief of<br />

competent taxation office, in the document stating<br />

therein the matters as enumerated in below<br />

in addition to the amount as provided for in<br />

Article 61-(3) of the Law separately for each<br />

member of corporation or investor at the time<br />

of transfer of reserves into capital account,<br />

within one month after the date of the said<br />

transfer into capital account (or by January<br />

31 of the following year, of the year in which<br />

the corporation transfers, with respect to the

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