OFFICIAL GAZETTE
OFFICIAL GAZETTE
OFFICIAL GAZETTE
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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 />
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