第十四条の十七(法定納期限等以前にされた仮登記により担保される債権の優先等)
If, on or before the statutory payment due date, etc. of local government levies, a provisional registration or provisional entry in a register based on a provisional registration security contract prescribed in Article 1 of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration (hereinafter in this Article referred to as a "provisional registration for security") has been made on the property of a taxpayer or special collection agent, with that person as the registration obligor (including an obligor for entry in a register), those local government levies are collected from the proceeds of realization after the claim secured by that provisional registration for security.
If a statutory lien listed in the items of Article 14-13, paragraph (1) exists on the property of a taxpayer or special collection agent for which a provisional registration for security has been made, if a statutory lien listed in the items of Article 14-14, paragraph (1) has existed since on or before the statutory payment due date, etc. of local government levies, or if a pledge or mortgage has been created, or a provisional registration for security has been made, on or before the statutory payment due date, etc. of local government levies, those local government levies are collected, from the proceeds of realization relating to the settlement money prescribed in Article 3, paragraph (1) of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration (including as applied mutatis mutandis in Article 20 of that Act), after the claims secured by those statutory liens, pledges and mortgages whose rights were exercised under Article 4, paragraph (1) of that Act (including as applied mutatis mutandis in Article 20 of that Act), and by the subordinate provisional registration for security prescribed in Article 4, paragraph (2) of that Act whose right was exercised under Article 4, paragraph (1) of that Act as applied mutatis mutandis in Article 4, paragraph (2) of that Act (including as applied mutatis mutandis in Article 20 of that Act).
担保のための仮登記がされている納税者又は特別徴収義務者の財産上に、第十四条の十三第一項各号に掲げる先取特権があるとき、地方団体の徴収金の法定納期限等以前から第十四条の十四第一項各号に掲げる先取特権があるとき、又は地方団体の徴収金の法定納期限等以前に質権若しくは抵当権が設定され、若しくは担保のための仮登記がされているときは、その地方団体の徴収金は、仮登記担保契約に関する法律第三条第一項(同法第二十条において準用する場合を含む。)に規定する清算金に係る換価代金につき、同法第四条第一項(同法第二十条において準用する場合を含む。)の規定により権利が行使されたこれらの先取特権、質権及び抵当権並びに同法第四条第二項(同法第二十条において準用する場合を含む。)において準用する同法第四条第一項の規定により権利が行使された同条第二項に規定する後順位の担保仮登記により担保される債権に次いで徴収する。
The provisions of Article 14-11, paragraph (1) apply mutatis mutandis to the case where a taxpayer or special collection agent has acquired property for which a provisional registration for security has been made, and the provisions of the preceding Article (excluding paragraph (3)) apply mutatis mutandis to the case where, if a taxpayer or special collection agent has no other sufficient property to be applied to local government levies, that person has transferred property for which it made a provisional registration for security after the statutory payment due date, etc. of the local government levies, respectively.
第十四条の十一第一項の規定は、納税者又は特別徴収義務者が担保のための仮登記がされている財産を譲り受けたときについて、前条(第三項を除く。)の規定は、納税者又は特別徴収義務者が他に地方団体の徴収金に充てるべき十分な財産がない場合において、その者がその地方団体の徴収金の法定納期限等後に担保のための仮登記をした財産を譲渡したときについて、それぞれ準用する。
A provisional registration and a provisional entry in a register based on a provisional registration security contract prescribed in Article 1 of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration, where the monetary obligation to be extinguished is not specified at the time of the contract, have no effect in the delinquent tax collection procedure for local government levies.
仮登記担保契約に関する法律第一条に規定する仮登記担保契約で、消滅すべき金銭債務がその契約の時に特定されていないものに基づく仮登記及び仮登録は、地方団体の徴収金の滞納処分においては、その効力を有しない。
Article 14-18Liability in Rem for Tax of a Holder of Property Transferred as Security
第十四条の十八(譲渡担保権者の物的納税責任)
If a taxpayer or special collection agent is delinquent in local government levies and there is property that the person has transferred and that is the object of security by that transfer (hereinafter in this Chapter referred to as "property transferred as security"), the local government levies of the taxpayer or special collection agent may be collected from the property transferred as security only where it is found that the levies to be collected would still fall short even if a delinquent tax collection procedure were carried out against the person's property.
When the head of a local government intends to collect under the preceding paragraph, the head must give notice to the right holder of the property transferred as security (hereinafter in this Article referred to as the "holder of property transferred as security") by a document stating the amount to be collected and other necessary matters; in this case, the head must notify the taxpayer or special collection agent to that effect.
If the amount to be collected has not been paid in full by the day on which 10 days have elapsed from the day on which the notice referred to in the preceding paragraph was issued, a tax collection official may, deeming the holder of property transferred as security to be a secondary taxpayer, carry out a delinquent tax collection procedure against the property transferred as security.
The provisions of Article 11, paragraphs (3) through (5) and Article 13-2 apply mutatis mutandis to the case under the preceding paragraph.
第十一条第三項から第五項まで及び第十三条の二の規定は、前項の場合について準用する。
A seizure made treating property transferred as security as property of the taxpayer or special collection agent referred to in paragraph (1) may, only where the requirements of that paragraph are met, be continued as a delinquent tax collection procedure as a seizure under paragraph (3); in this case, the head of a local government must give the notice and the notification referred to in paragraph (2) without delay.
When continuing a delinquent tax collection procedure under the preceding paragraph, if the property transferred as security is property listed in the following items, the head of a local government must notify the person specified in the relevant item to the effect that the delinquent tax collection procedure is being continued with the seizure made as property of the taxpayer or special collection agent treated as a seizure under paragraph (3).
Movable property in the possession of a third party (meaning movable property prescribed in Article 24, paragraph (5), item (i) of the National Tax Collection Act; the same applies hereinafter in this item) or securities: The third party in possession of the movable property or securities;
第三者が占有する動産(国税徴収法第二十四条第五項第一号に規定する動産をいう。以下この号において同じ。)又は有価証券 動産又は有価証券を占有する第三者
Property subject to the application of Article 62 or Article 73 of the National Tax Collection Act (excluding property for which registration is required for the transfer of rights): A third-party debtor or a person equivalent thereto (referred to as "third-party debtor, etc." in Article 15-2-3, paragraph (3) and Article 16-4, paragraph (10)).
国税徴収法第六十二条又は第七十三条の規定の適用を受ける財産(これらの財産の権利の移転につき登記を要するものを除く。) 第三債務者又はこれに準ずる者(第十五条の二の三第三項及び第十六条の四第十項において「第三債務者等」という。)
When continuing a delinquent tax collection procedure under paragraph (5), if there is a known person among those listed in Article 55, item (i) or (iii) of the National Tax Collection Act, the head of a local government must notify them to the effect that the delinquent tax collection procedure is being continued with the seizure made as property of the taxpayer or special collection agent treated as a seizure under paragraph (3).
Even where, after the notice under paragraph (2) or a seizure subject to the application of paragraph (5) has been made, the claim secured by the transfer of property of the taxpayer or special collection agent has been extinguished for a reason other than performance, such as default (including where a repurchase, promise of resale or similar contract has been concluded with respect to the property transferred as security and that contract has lost its effect for a reason other than performance of the contract, such as the passage of a time limit), paragraph (3) applies as if the property continued to exist as property transferred as security.
The provisions of paragraph (1) do not apply where, on or before the statutory payment due date, etc. of the local government levies, there is a registration of transfer of rights relating to a transfer made for the purpose of security, or where the holder of property transferred as security proves, by the day before the decision to sell the property, the fact that the property had become property transferred as security on or before the statutory payment due date, etc. of the local government levies. In this case, the provisions of the second sentence of Article 14-9, paragraph (3) and paragraph (4) of that Article apply mutatis mutandis.
A holder of property transferred as security to whom the provisions of paragraph (1) apply is deemed to be a taxpayer or special collection agent for the purpose of applying the provisions of this Act concerning offenses relating to delinquent tax collection procedures and offenses of refusal of examination, etc. relating to delinquent tax collection procedures.
Where the holder of the right relating to a registration of sale with a special agreement of repurchase, a provisional registration (including a provisional entry) for the preservation of the claim under a reservation for resale, or any other similar registration (hereinafter in this Article referred to as "registration, etc. of the right of repurchase") that has been made with regard to property transferred as security is a person delinquent in payment, the seized right relating to the registration, etc. of the right of repurchase and the property transferred as security bearing that registration, etc. of the right of repurchase that has been seized under paragraph (3) of the preceding Article may be realized together.
In addition to what is provided for in the preceding Article and the preceding paragraph, matters necessary for the collection of the local government levies of a taxpayer or special collection agent from property transferred as security are specified by Cabinet Order.
Article 14-20Adjustment of Competition Between Local Taxes, National Taxes, etc. and Private Claims
第十四条の二十(地方税及び国税等と私債権との競合の調整)
Where, in compulsory liquidation procedure, local government levies compete with national taxes, levies of other local governments or public charges (hereinafter in this Article referred to as "national taxes, etc.") and other claims (hereinafter in this Article referred to as "private claims"), and, under the provisions of this Section, the National Tax Collection Act or other laws, local government levies take priority over national taxes, etc. and private claims are subordinate to those national taxes, etc. and take priority over those local government levies, or local government levies are subordinate to national taxes, etc. and private claims take priority over those national taxes, etc. and are subordinate to those local government levies, the distribution of the proceeds of realization is as follows:
where there are expenses prescribed in Article 14-2 or Article 14-3 or expenses for the delinquent tax collection procedure, local government levies prescribed in Article 14-4 (including national taxes prescribed in Article 11 of the National Tax Collection Act), claims to which Article 14-15 applies, claims to which Article 59, paragraph (3) or (4) of the National Tax Collection Act (including as applied mutatis mutandis pursuant to Article 71, paragraph (4) of that Act), which is to be applied correspondingly under this Act, applies, or claims to which Article 14-13 applies, the proceeds are to be allocated to each of these in that order;
with regard to local government levies, national taxes, etc., and private claims (excluding those to which the preceding item applies), the total amounts to be allocated to local government levies, national taxes, etc., and private claims, respectively, are determined by applying the provisions of this Section, the National Tax Collection Act and other laws in sequence, starting from the oldest statutory payment due date, etc. (including the corresponding due date for payment, etc. of national taxes or public charges) or the oldest time of establishment, registration, transfer or formation;
the total amount determined under the preceding item to be allocated to local government levies and national taxes, etc. is allocated in sequence to local government levies and national taxes, etc. under the provisions of Article 14 or Articles 14-6 through 14-8, or the corresponding provisions of the National Tax Collection Act or other laws;
前号の規定により定めた地方団体の徴収金及び国税等に充てるべき金額の総額を第十四条若しくは第十四条の六から第十四条の八までの規定又は国税徴収法その他の法律のこれらに相当する規定により、順次地方団体の徴収金及び国税等に充てる。
the total amount determined under item (ii) to be allocated to private claims is allocated in sequence to private claims under the provisions of the Civil Code or other laws.
head of a local governmentmachine translation
「地方団体の長」
The governor of a prefecture (道府県知事) or the mayor of a municipality (市町村長).
Defined inArticle 1, paragraph (1), item (ii)· applies throughout the law
tax collection officialmachine translation
「徴税吏員」
A prefectural governor (道府県知事) or a prefectural employee the governor has delegated, or a mayor of a municipality (市町村長) or a municipal employee the mayor has delegated.
Defined inArticle 1, paragraph (1), item (iii)· 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)
property transferred as securitymachine translation
「譲渡担保財産」
Property that has been transferred so that it serves as security for a debt.
Short name set inArticle 14-18, paragraph (1)· applies only in this chapter
holder of property transferred as securitymachine translation
「譲渡担保権者」
The person who holds the rights in property transferred as security (譲渡担保財産).
Short name set inArticle 14-18, paragraph (2)· applies only in this article
movable propertymachine translation
「動産」
Movable property (動産) as defined in Article 24, paragraph 5, item 1 of the National Tax Collection Act, here movable property in a third party's possession.
Defined inArticle 14-18, paragraph (6), item (i)· applies only in this item
third-party debtor, etc.machine translation
「第三債務者等」
For property to which Article 62 or 73 of the National Tax Collection Act applies (other than property whose transfer of rights needs registration), the third-party debtor (第三債務者) or a person in a like position; where delinquency proceedings continue against such property held as security by transfer (譲渡担保財産), the head of the local government must notify that person.
Short name set inArticle 14-18, paragraph (6), item (ii)· applies only in this provision and in Article 15-2-3, paragraph (3); and Article 16-4, paragraph (10)
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.
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.