OFFICIAL GAZETTE
OFFICIAL GAZETTE
OFFICIAL GAZETTE
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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