Article 15-2-3Effect of Deferral of Collection
第十五条の二の三(徴収猶予の効果)
When the head of a local government has granted a deferral of collection, the head may not, during the period of that deferral of collection, newly make a demand for payment or carry out a delinquent tax collection procedure (excluding a request for share distribution) in respect of the local government levies subject to that deferral of collection.
When the head of a local government has granted a deferral of collection and there is property seized in respect of the local government levies subject to that deferral of collection, the head may release the seizure upon application by the person who received that deferral of collection.
When the head of a local government has granted a deferral of collection and the property seized in respect of the local government levies subject to that deferral of collection includes property that produces fruits, or securities, claims or intangible property rights, etc. (meaning intangible property rights, etc. prescribed in Article 72, paragraph (1) of the National Tax Collection Act; the same applies in Article 16-4, paragraph (10)), the head may, notwithstanding paragraph (1), carry out a delinquent tax collection procedure on the fruits acquired or on property other than money received in performance from a third-party debtor, etc., and apply the proceeds of realization, etc. relating to that property (meaning proceeds of realization, etc. prescribed in Article 129, paragraph (1) of that Act; the same applies in Article 19-4, item (iv)) to the local government levies subject to that deferral of collection.
In the case referred to in the preceding paragraph, if the property received in performance from the third-party debtor, etc. referred to in that paragraph includes money, the head of a local government may, notwithstanding paragraph (1), apply that money to the local government levies subject to that deferral of collection.
Article 15-3Revocation of Deferral of Collection
第十五条の三(徴収猶予の取消し)
If a person who has received a deferral of collection falls under any of the following items, the head of a local government may revoke that deferral of collection and collect the local government levies subject to that deferral of collection in a lump sum.
Where there is a fact falling under any of the items of Article 13-2, paragraph (1) and it is found that the person cannot pay in full the local government levies subject to that deferral of collection within the period for which the deferral of collection was received;
Where the person fails to pay or remit, by the due date for payment, local government levies that were permitted to be paid or remitted in installments under Article 15, paragraph (3) or (5) (excluding where the head of a local government finds that there is an unavoidable reason);
Where the person fails to comply with a request made by the head of a local government under Article 16, paragraph (3) regarding the security provided for the local government levies subject to that deferral of collection;
Where the person has become delinquent in local government levies of that local government other than the local government levies subject to that deferral of collection (including where a default has newly occurred on an obligation relating to a claim of that local government specified by the Prefectural or Municipal Ordinance of that local government (meaning a claim prescribed in Article 240, paragraph (1) of the Local Autonomy Act; the same applies in Article 15-6, paragraph (2)), and excluding where the head of a local government finds that there is an unavoidable reason);
Where it becomes apparent that the application for that deferral of collection or extension of the period of deferral of collection was made by deceit or other wrongful means, and that the deferral of collection was granted or the extension of the period of deferral of collection was made on the basis of that application;
偽りその他不正な手段により当該徴収の猶予又は徴収の猶予期間の延長の申請がされ、その申請に基づき当該徴収の猶予をし、又は徴収の猶予期間の延長をしたことが判明したとき。
Where, owing to a change in circumstances such as the state of the property of the person who received the deferral of collection, it is found inappropriate to continue that deferral of collection;
徴収の猶予を受けた者の財産の状況その他の事情の変化により当該徴収の猶予を継続することが適当でないと認められるとき。
Where the case falls under a case specified by the Prefectural or Municipal Ordinance of that local government as similar to those listed in the preceding items.
When revoking a deferral of collection under the preceding paragraph, the head of a local government must in advance hear the explanation of the person who received that deferral of collection, except where there is a fact falling under any of the items of Article 13-2, paragraph (1); provided, however, that this does not apply if that person does not give the explanation without justifiable grounds.
When the head of a local government has revoked a deferral of collection under paragraph (1), the head must notify the person subject to the revocation of that deferral of collection of that fact.
第十五条の四(修正申告等に係る道府県民税、市町村民税又は事業税の徴収猶予)
In the cases set forth in the following items, if the total amount of prefectural inhabitant tax and enterprise tax relating to the return, amended return, or reassessment under each of those items, or the amount of municipal inhabitant tax relating to the return or reassessment under item (i) or (ii), is less than the amount specified by Cabinet Order, the head of a local government is to defer the collection of those tax amounts, except where prefectural inhabitant tax, municipal inhabitant tax, or enterprise tax has been evaded by deception or other wrongful acts and in other cases specified by Cabinet Order, until the first time limit for payment of prefectural inhabitant tax, municipal inhabitant tax, or enterprise tax (excluding tax whose collection is deferred under this Article) that arrives after the day on which the return or amended return was filed or after the due date for payment relating to the reassessment.
where a corporation that has an office or place of business in two or more prefectures or municipalities files a return under Article 53, paragraph (34) or Article 321-8, paragraph (34);
二以上の道府県又は市町村において事務所又は事業所を有する法人が第五十三条第三十四項又は第三百二十一条の八第三十四項の規定による申告書を提出した場合
where a corporation referred to in the preceding item receives a reassessment under Article 55, paragraph (1) or (3) or Article 321-11, paragraph (1) or (3) (limited to a reassessment based on a modification under Article 58 or Article 321-14);
前号の法人が第五十五条第一項若しくは第三項又は第三百二十一条の十一第一項若しくは第三項の規定による更正(第五十八条又は第三百二十一条の十四の規定による修正に基づくものに限る。)を受けた場合
where a corporation that conducts business by establishing an office or place of business in two or more prefectures files an amended return under Article 72-31, paragraph (2) or (3).
二以上の道府県において事務所又は事業所を設けて事業を行う法人が第七十二条の三十一第二項又は第三項の規定による修正申告書を提出した場合
A corporation that intends to be subject to the provisions of the preceding paragraph must submit a written notification specified by Order of the Ministry of Internal Affairs and Communications to the head of the local government where its office or place of business is located, by the due date for payment of the tax amount relating to the return, amended return, or reassessment referred to in that paragraph.
Article 15-5Requirements, etc. for Ex Officio Suspension of Realization
第十五条の五(職権による換価の猶予の要件等)
Where a person delinquent in payment is found to fall under any of the following items, and that person is found to have a sincere intention to pay or remit the local government levies relating to that local government, the head of a local government may suspend the realization of property through delinquent tax collection procedures for the local government levies that the person is to pay or remit (excluding those for which the person has received a deferral of collection or a suspension of realization under Article 15-6, paragraph (1) (hereinafter in this Chapter referred to as "suspension of realization upon application")); provided, however, that the period of that suspension must not exceed one year.
when immediate realization of the property is likely to make it difficult for the person to continue the business or maintain the livelihood;
その財産の換価を直ちにすることによりその事業の継続又はその生活の維持を困難にするおそれがあるとき。
when suspending the realization of the property is advantageous, compared with realizing it immediately, for the collection of the local government levies in arrears and of other local government levies that are to become payable or remittable in the near future.
その財産の換価を猶予することが、直ちにその換価をすることに比して、滞納に係る地方団体の徴収金及び最近において納付し、又は納入すべきこととなる他の地方団体の徴収金の徴収上有利であるとき。
The provisions of Article 15, paragraphs (3) through (5) apply mutatis mutandis to suspension of realization under the preceding paragraph (hereinafter in this Chapter referred to as "ex officio suspension of realization"). In this case, the words and phrases set forth in the middle column of the following table in the provisions set forth in the left-hand column of that table are deemed to be replaced with the words and phrases set forth in the right-hand column of that table.
| Article 15, paragraph (3) | amount | amount (limited to the amount specified by Cabinet Order as the amount whose payment or remittance is difficult) |
| may | is to | |
| Article 15, paragraph (4) | upon application by the person who received the deferral of collection, extend | extend |
| Article 15, paragraph (5) | may | is to |
Article 15-5-2Procedures, etc. for Ex Officio Suspension of Realization
第十五条の五の二(職権による換価の猶予の手続等)
When implementing ex officio suspension of realization, if the head of a local government finds it necessary, the head may request the person delinquent in payment to submit an inventory of property, documents relating to the provision of security, and other documents specified by the Prefectural or Municipal Ordinance of that local government.
地方団体の長は、職権による換価の猶予をする場合において、必要があると認めるときは、滞納者に対し、財産目録、担保の提供に関する書類その他の当該地方団体の条例で定める書類の提出を求めることができる。
When extending, under Article 15, paragraph (4) as applied mutatis mutandis with the replacement of terms under paragraph (2) of the preceding Article, the period of ex officio suspension of realization, if the head of a local government finds it necessary, the head may request the person who received that ex officio suspension of realization to submit an inventory of property, documents relating to the provision of security, and other documents specified by the Prefectural or Municipal Ordinance of that local government.
地方団体の長は、前条第二項において読み替えて準用する第十五条第四項の規定により職権による換価の猶予をした期間を延長する場合において、必要があると認めるときは、当該職権による換価の猶予を受けた者に対し、財産目録、担保の提供に関する書類その他の当該地方団体の条例で定める書類の提出を求めることができる。
The provisions of Article 15-2-2, paragraph (1) apply mutatis mutandis to ex officio suspension of realization.
第十五条の二の二第一項の規定は、職権による換価の猶予について準用する。
Article 15-5-3Effects, etc. of Ex Officio Suspension of Realization
第十五条の五の三(職権による換価の猶予の効果等)
When implementing ex officio suspension of realization, if the head of a local government finds it necessary, the head may suspend or release the seizure of property for which seizure is likely to make it difficult for the person delinquent in payment to continue the business or maintain the livelihood.
地方団体の長は、職権による換価の猶予をする場合において、必要があると認めるときは、差押えにより滞納者の事業の継続又は生活の維持を困難にするおそれがある財産の差押えを猶予し、又は解除することができる。
The provisions of Article 15-2-3, paragraphs (3) and (4) and Article 15-3, paragraph (1) (excluding item (v)) and paragraph (3) apply mutatis mutandis to ex officio suspension of realization. In this case, the words and phrases set forth in the middle column of the following table in the provisions set forth in the left-hand column of that table are deemed to be replaced with the words and phrases set forth in the right-hand column of that table.
| Article 15-2-3, paragraph (3) | notwithstanding paragraph (1), carry | carry |
| Article 15-2-3, paragraph (4) | notwithstanding paragraph (1), apply | apply |
| Article 15-3, paragraph (1) | the following | no longer falls under the provisions of Article 15-5, paragraph (1), or falls under any of the following |
| Article 15-3, paragraph (1), item (ii) | Article 15, paragraph (3) | Article 15, paragraph (3) as applied mutatis mutandis with the replacement of terms under Article 15-5, paragraph (2) |
第十五条の二の三第三項及び第四項並びに第十五条の三第一項(第五号を除く。)及び第三項の規定は、職権による換価の猶予について準用する。この場合において、次の表の上欄に掲げる規定中同表の中欄に掲げる字句は、それぞれ同表の下欄に掲げる字句に読み替えるものとする。
| 第十五条の二の三第三項 | 第一項の規定にかかわらず、その | その |
| 第十五条の二の三第四項 | 第一項の規定にかかわらず、当該 | 当該 |
| 第十五条の三第一項 | 次の | 第十五条の五第一項の規定に該当しないこととなつた場合又は次の |
| 第十五条の三第一項第二号 | 第十五条第三項 | 第十五条の五第二項において読み替えて準用する第十五条第三項 |
local governmentmachine translation
「地方団体」
A prefecture (道府県) or a municipality (市町村).
Defined inArticle 1, paragraph (1), item (i)· applies throughout the law
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
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
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)
deferral of collectionmachine translation
「徴収の猶予」
In Chapter 1, a deferral of collection that the head of a local government (地方団体の長) grants, on application, under Article 15, paragraph 1 or 2: for up to one year, where a disaster or theft, an illness or injury, the closure or suspension of a business, a serious loss in it, or a similar fact leaves the taxpayer or special collection agent (特別徴収義務者) unable to pay at once, or where the amount due was fixed a year or more after the statutory due date and cannot be paid at once.
Short name set inArticle 15, paragraph (3)· applies only in this chapter
extension of the period of deferral of collectionmachine translation
「徴収の猶予期間の延長」
In Chapter 1, an extension, on application, of the period of a deferral of collection (徴収の猶予) that the head of a local government (地方団体の長) grants under Article 15, paragraph 4 where there is an unavoidable reason the deferred amount cannot be paid within it, the whole deferral not exceeding two years.
Short name set inArticle 15, paragraph (5)· applies only in this chapter
proceeds of realization, etc.machine translation
「換価代金等」
In Article 15-2-3, paragraph 3 and Article 19-4, item 4, the proceeds of realization, etc. (換価代金等) as defined in Article 129, paragraph 1 of the National Tax Collection Act.
Defined inArticle 15-2-3, paragraph (3)· applies only in this provision and in Article 19-4, paragraph (1), item (iv)
intangible property rights, etc.machine translation
「無体財産権等」
As defined in Article 72, paragraph 1 of the National Tax Collection Act, property to which the three preceding subsections (款) of that Act on seizure do not apply, such as patent rights and copyrights.
Defined inArticle 15-2-3, paragraph (3)· applies only in this provision and in Article 16-4, paragraph (10)
suspension of realization upon applicationmachine translation
「申請による換価の猶予」
A suspension of the sale of seized property in delinquency proceedings (換価の猶予) that the head of a local government grants on the delinquent taxpayer's application under Article 15-6, paragraph 1; local government collection money already under it, or under a grace of collection (徴収の猶予), cannot be given the suspension the head may grant without application under Article 15-5.
Short name set inArticle 15-5, paragraph (1)· applies only in this chapter
ex officio suspension of realizationmachine translation
「職権による換価の猶予」
A suspension, for up to one year, of the sale of a delinquent taxpayer's property in a delinquency disposition (滞納処分) that the head of a local government (地方団体の長) grants on its own initiative under Article 15-5, paragraph 1, where the taxpayer is found to intend in good faith to pay and an immediate sale would put the taxpayer's business or livelihood at risk or a suspension would better serve collection.
Short name set inArticle 15-5, paragraph (2)· applies only in this chapter
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.