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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 />

Q mmmm

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