Article 14-9Priority of Pledges Established on or Before the Statutory Payment Due Date, etc.
第十四条の九(法定納期限等以前に設定された質権の優先)
Where a taxpayer or special collection agent has established a pledge on property, and that pledge was established on or before the statutory payment due date, etc. of local government levies (for local taxes listed in the following items, the respective days specified in those items; for demand fees, delinquency charges, additional charges for understatement, additional charges for failure to file, substantial additional charges and expenses for the delinquent tax collection procedure relating to those local taxes, the days specified in those items for the local tax that gave rise to their collection; and for local government levies relating to other local taxes, the statutory payment due date; the same applies hereinafter in this Chapter), those local government levies are collected from the proceeds of realization next after the claim secured by that pledge.
local tax for which the amount of tax to be paid or remitted was fixed after the statutory payment due date: the date on which the written notification of payment or remittance was issued (for tax whose amount was fixed by a return, the date on which the return was filed);
法定納期限後にその納付し、又は納入すべき税額が確定した地方税 その納付又は納入の告知書を発した日(申告により税額が確定されたものについては、その申告があつた日)
local tax for which notification of advance collection was given before the statutory payment due date: the due date for payment designated by that notification;
法定納期限前に繰上徴収に係る告知がされた地方税 その告知により指定された納期限
local tax imposed from time to time: the date on which the written notification of payment was issued;
随時に課する地方税 その納付の告知書を発した日
local tax in the amount notified or advised under Article 14-18, paragraph (2) or Article 16-4, paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (12) of that Article): the date on which the written notification or written notice under those provisions was issued;
第十四条の十八第二項又は第十六条の四第二項(同条第十二項において準用する場合を含む。)の規定により告知し、又は通知した金額の地方税 これらの規定による告知書又は通知書を発した日
the decedent's local tax collected from the heir's own property and the heir's own local tax collected from the inherited property (limited to those for which the amount of tax to be paid or remitted was fixed before the day on which the inheritance occurred): the day on which the inheritance occurred;
相続人の固有の財産から徴収する被相続人の地方税及び相続財産から徴収する相続人の固有の地方税(相続があつた日前にその納付し、又は納入すべき税額が確定したものに限る。) その相続があつた日
the own local tax of the corporation surviving the merger or of another merged corporation relating to that merger, collected from property that belonged to a merged corporation, and the local tax of a merged corporation collected from the own property of the corporation surviving the merger (limited to those for which the amount of tax to be paid or remitted was fixed before the day of the merger): the day of the merger;
被合併法人に属していた財産から徴収する合併後存続する法人又は当該合併に係る他の被合併法人の固有の地方税及び合併後存続する法人の固有の財産から徴収する被合併法人の地方税(合併のあつた日前にその納付し、又は納入すべき税額が確定したものに限る。) その合併のあつた日
the own local tax of the juridical person that carried out the company split (hereinafter in this item referred to as the "splitting corporation"), collected from property that has come to belong to it by the finalization of a judgment invalidating that company split, and local tax relating to the splitting corporation's obligation to jointly and severally pay or remit prescribed in Article 10-3, collected from the splitting corporation's own property (limited to those for which the amount of tax to be paid or remitted was fixed before the day on which that judgment became final and binding): the day on which that judgment became final and binding;
the own local tax of the successor corporation in a company split, collected from the property it succeeded to from the juridical person that carried out that company split (hereinafter in this item referred to as "succeeded property"), local tax relating to the successor corporation's responsibility to jointly and severally pay or remit prescribed in Article 10-4 (hereinafter in this item referred to as "joint and several tax liability"), collected from the successor corporation's own property, and the local tax of another juridical person that carried out a company split relating to that company split, relating to the successor corporation's joint and several tax liability, collected from the successor corporation's succeeded property (limited to those for which the amount of tax to be paid or remitted was fixed before the day of the company split): the day of the company split;
local tax to be paid or remitted as a secondary taxpayer or guarantor: the date on which the written notice of payment or remittance under Article 11, paragraph (1) (including as applied mutatis mutandis) was issued.
In applying the provisions of the preceding paragraph, the following Article, Article 14-14, paragraph (1), Article 14-16, paragraph (1), Article 14-17, paragraph (1), Article 14-18, paragraph (9) and Article 14-20, item (ii) to the local taxes listed in the following items, the statutory payment due date, etc. for those local taxes is the time limit or day specified in the respective items, and, for the demand fees, delinquency charges, additional charges for understatement, additional charges for failure to file, substantial additional charges and expenses for the delinquent tax collection procedure relating to those local taxes, it is the time limit or day specified in those items for the local tax that gave rise to their collection:
次の各号に掲げる地方税について前項、次条、第十四条の十四第一項、第十四条の十六第一項、第十四条の十七第一項、第十四条の十八第九項及び第十四条の二十第二号の規定を適用する場合には、当該地方税に係る法定納期限等は、それぞれ当該各号に定める期限又は日とし、当該地方税に係る督促手数料、延滞金、過少申告加算金、不申告加算金、重加算金及び滞納処分費については、その徴収の基因となつた地方税に係る当該各号に定める期限又は日とする。
corporation tax levy of prefectural inhabitant tax or municipal inhabitant tax imposed on the basis of the taxation of corporation tax (including the per capita levy imposed together with them): the statutory payment due date, etc. prescribed in Article 15, paragraph (1) of the National Tax Collection Act (Act No. 147 of 1959) for that corporation tax;
法人税の課税に基づいて課する道府県民税又は市町村民税の法人税割(これらと併せて課する均等割を含む。) 当該法人税の国税徴収法(昭和三十四年法律第百四十七号)第十五条第一項に規定する法定納期限等
income levy of enterprise tax imposed on the basis of the tax base of corporation tax (including the value-added levy and capital levy or revenue levy imposed together with it): the statutory payment due date, etc. prescribed in Article 15, paragraph (1) of the National Tax Collection Act for that corporation tax;
法人税の課税標準を基準として課する事業税の所得割(これと併せて課する付加価値割及び資本割又は収入割を含む。) 当該法人税の国税徴収法第十五条第一項に規定する法定納期限等
enterprise tax imposed on the basis of the tax base of income tax: the statutory payment due date, etc. prescribed in Article 15, paragraph (1) of the National Tax Collection Act for that income tax;
所得税の課税標準を基準として課する事業税 当該所得税の国税徴収法第十五条第一項に規定する法定納期限等
local consumption tax imposed on the basis of the taxation of consumption tax: the statutory payment due date, etc. prescribed in Article 15, paragraph (1) of the National Tax Collection Act for that consumption tax;
消費税の課税に基づいて課する地方消費税 当該消費税の国税徴収法第十五条第一項に規定する法定納期限等
individual municipal inhabitant tax (including individual prefectural inhabitant tax imposed together with it; the same applies hereinafter in this item): the time limit or day specified below, according to the following categories of individual municipal inhabitant tax:
個人の市町村民税(これと併せて課する個人の道府県民税を含む。以下この号において同じ。) 次に掲げる個人の市町村民税の区分に応じそれぞれ次に定める期限又は日
individual municipal inhabitant tax imposed on the basis of the tax base of income tax and collected by the method of ordinary collection (including the per capita levy imposed together with it): the statutory payment due date, etc. prescribed in Article 15, paragraph (1) of the National Tax Collection Act for that income tax;
所得税の課税標準を基準として課する普通徴収の方法によつて徴収する個人の市町村民税(これと併せて課する均等割を含む。) 当該所得税の国税徴収法第十五条第一項に規定する法定納期限等
individual municipal inhabitant tax collected by the method of special collection under Article 321-3: the time limit prescribed in Article 321-4, paragraph (2) (for the special collection tax amount relating to a notice given after that time limit, the day on which that notice was given);
第三百二十一条の三の規定により特別徴収の方法によつて徴収する個人の市町村民税 第三百二十一条の四第二項に規定する期限(当該期限後にされた通知に係る特別徴収税額については、当該通知があつた日)
individual municipal inhabitant tax collected by the method of special collection under Article 321-7-2, paragraphs (1) and (2) and Article 321-7-8, paragraph (1): the time limit for notice to the pension insurer prescribed in Article 321-7-5, paragraph (1) (including as applied mutatis mutandis pursuant to Article 321-7-8, paragraph (3));
第三百二十一条の七の二第一項及び第二項並びに第三百二十一条の七の八第一項の規定により特別徴収の方法によつて徴収する個人の市町村民税 第三百二十一条の七の五第一項(第三百二十一条の七の八第三項において準用する場合を含む。)に規定する年金保険者に対する通知の期限
national health insurance tax collected by the method of special collection under Article 706, paragraphs (2) and (3), Article 718-7, paragraphs (1) and (2) and Article 718-8, paragraph (1): the time limit for notice to the pension insurer prescribed in Article 718-3, paragraph (1) (including as applied mutatis mutandis pursuant to Article 718-6, Article 718-7, paragraph (3) or Article 718-8, paragraph (3)).
第七百六条第二項及び第三項、第七百十八条の七第一項及び第二項並びに第七百十八条の八第一項の規定により特別徴収の方法によつて徴収する国民健康保険税 第七百十八条の三第一項(第七百十八条の六、第七百十八条の七第三項又は第七百十八条の八第三項において準用する場合を含む。)に規定する年金保険者に対する通知の期限
The provisions of paragraph (1) apply, in the case of a pledge other than a pledge that can be registered (including, for registration, entry in a register and the electronic record prescribed in Article 2, paragraph (1) of the Electronically Recorded Monetary Claims Act (Act No. 102 of 2007); the same applies hereinafter in this Chapter), only where the pledgee proves the fact of its creation to the enforcement agency in a compulsory liquidation procedure; in this case, for a pledge other than a pledge whose object is securities, the proof must be made by the documents listed in the following items.
Notarized deed;
公正証書
A private document bearing a dated seal affixed at a registry office or notary's office;
登記所又は公証人役場において日付のある印章が押されている私署証書
A document for which certification of contents has been received under Article 48, paragraph (1) of the Postal Act (Act No. 165 of 1947);
郵便法(昭和二十二年法律第百六十五号)第四十八条第一項の規定により内容証明を受けた証書
A document delivered under Article 60, paragraph (4) of the Notary Act (Act No. 53 of 1908) as applied mutatis mutandis in Article 7, paragraph (1) of the Act for Enforcement of the Civil Code (Act No. 11 of 1898).
民法施行法(明治三十一年法律第十一号)第七条第一項において準用する公証人法(明治四十一年法律第五十三号)第六十条第四項の規定により交付を受けた書面
A pledge proved under the items of the preceding paragraph is, for the purposes of the application of paragraph (1), deemed to have been created on the day on which it is deemed to have a fixed date under Article 5 of the Act for Enforcement of the Civil Code.
A person who holds a pledge under paragraph (1) may not exercise priority against a subsequent pledgee who takes priority over local government levies under paragraph (1), within the scope of the amount by which that person ranks behind local government levies because the proof under paragraph (3) was not made.
Read this with the articles around it
local taxmachine translation
「地方税」
A prefectural tax or a municipal tax, as Article 1(1)(iv) of the Local Tax Act defines local tax.
Defined inArticle 1, paragraph (1), item (iv)· applies throughout the law
ordinary collectionmachine translation
「普通徴収」
Collecting a local tax by having a tax collection official (徴税吏員) deliver a tax notice (納税通知書) to the taxpayer.
Defined inArticle 1, paragraph (1), item (vii)· applies throughout the law
special collectionmachine translation
「特別徴収」
The method of collecting a local tax by having a person who is well placed to collect it do so and pay in the tax collected (Article 1, paragraph 1, item 9).
Defined inArticle 1, paragraph (1), item (ix)· applies throughout the law
special collection agentmachine translation
「特別徴収義務者」
A person obliged to collect a local tax by special collection (特別徴収) and pay it in (Article 1, paragraph 1, item 10).
Defined inArticle 1, paragraph (1), item (x)· applies throughout the law
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
secondary taxpayermachine translation
「第二次納税義務者」
A person who has a secondary tax liability (第二次納税義務) under Articles 11-2 to 11-10 or Article 12-2, paragraph 2 or 3 for local tax collection money (地方団体の徴収金) owed by a taxpayer or special collector (特別徴収義務者), from whom the head of the local government collects it by a written notice stating the amount, the deadline and the place of payment.
Short name set inArticle 11, paragraph (1)
compulsory liquidation proceduremachine translation
「強制換価手続」
Any procedure that sells a debtor's property by force: delinquent tax collection (滞納処分) and procedures run in the same way, compulsory execution, auction to enforce a security interest, enforcement of an enterprise mortgage (企業担保権) or of an enterprise value charge (企業価値担保権), and bankruptcy.
Short name set inArticle 13-2, paragraph (1), item (i)
enforcement agencymachine translation
「執行機関」
An administrative body or other person carrying out a delinquent tax collection procedure (滞納処分), a court (or, in small-claims enforcement under Article 167-2, paragraph 2 of the Civil Enforcement Act, a court clerk), a court execution officer (執行官) or a bankruptcy trustee (破産管財人).
Defined inArticle 13-3, paragraph (2)
splitting corporationmachine translation
「分割法人」
The corporation that made a company split (分割), to which property has come to belong again because a judgment invalidating the split has become final, as Article 14-9, paragraph 1, item 7 uses the term.
Short name set inArticle 14-9, paragraph (1), item (vii)· applies only in this item
succeeded propertymachine translation
「承継財産」
In Article 14-9, paragraph 1, item 8, the property that a corporation succeeding in a company split (分割承継法人) took over from the corporation that made the split.
Short name set inArticle 14-9, paragraph (1), item (viii)· applies only in this item
joint and several tax liabilitymachine translation
「連帯納税責任」
The liability under Article 10-4 of a corporation that takes over a business in a company split (分割) to pay, jointly with the splitting corporation, that corporation's local taxes listed there, up to the value of the property it took over.
Short name set inArticle 14-9, paragraph (1), item (viii)· applies only in this item
notarial deed
公正証書
A document drawn up by a notary (公証人), a public officer appointed by the Minister of Justice, at the request of the people concerned (Notary Act, Articles 1 and 11). A notary will not draw one up for anything unlawful or void (Article 26). In the Act on Land and Building Leases it decides whether a lease can end without renewal: a contract for a land lease of 10 to under 50 years for a building used only for business must be made by notarial deed (Article 23, paragraph (3)), while the terms of a land lease of 50 years or more that rule out renewal, and a building lease with no renewal, need only be "in writing, such as a notarial deed" (Article 22, paragraph (1), and Article 38, paragraph (1)), so an ordinary written contract is enough for those two.
Written by AI using Notary Act, Arts. 1, 11, 26 and Act on Land and Building Leases, Arts. 22, 23, 38 as a reference.
registration
登記
Entry in a public register kept by a registry office (登記所) — a Legal Affairs Bureau or one of its branch offices — so that the matter is made public (Real Property Registration Act, Articles 1 and 6, paragraph (1)). Rights in land and buildings, such as ownership, a superficies (地上権), a statutory lien (先取特権), a mortgage and a right of lease (賃借権), can be registered under that Act (Article 3), and matters the Commercial Code, the Companies Act and other Acts require to be registered are registered under the Commercial Registration Act (Article 1). Registration also lets a right be asserted against third parties: acquiring, losing or changing a right in rem (物権) in land or a building, such as ownership, cannot be asserted against third parties until it is registered (Civil Code, Article 177), and a matter the Companies Act requires to be registered cannot be asserted against a third party who does not know of it until it has been registered, nor, even after that, against one who had a justifiable reason for not knowing of the registration (Companies Act, Article 908, paragraph (1)).
Written by AI using Real Property Registration Act, Arts. 1, 3, 6, Commercial Registration Act, Art. 1, Civil Code, Art. 177 and Companies Act, Art. 908 as a reference.