第十六条(担保の徴取)
When granting a deferral of collection, an ex officio suspension of realization or a suspension of realization upon application, the head of a local government must take security equivalent to the amount subject to the deferral or suspension, consisting of any of the following; provided, however, that this does not apply in cases specified by the Prefectural or Municipal Ordinance of that local government as cases where, in view of the amount, period and other circumstances of the deferral or suspension, it is unnecessary to take security.
地方団体の長は、徴収の猶予、職権による換価の猶予又は申請による換価の猶予をする場合には、その猶予に係る金額に相当する担保で次に掲げるものを徴さなければならない。ただし、その猶予に係る金額、期間その他の事情を勘案して担保を徴する必要がない場合として当該地方団体の条例で定める場合は、この限りでない。
national government bonds and local government bonds;
国債及び地方債
corporate bonds that the head of a local government finds reliable (including debentures issued by a juridical person established by a special Act) and other securities;
地方団体の長が確実と認める社債(特別の法律により設立された法人が発行する債券を含む。)その他の有価証券
buildings, standing trees, vessels, aircraft, motor vehicles and construction machinery that are covered by insurance;
保険に付した建物、立木、船舶、航空機、自動車及び建設機械
railway foundations, factory foundations, mining foundations, tramway foundations, canal foundations, fishery foundations, port transport business foundations, road transport business foundations and tourist facility foundations;
鉄道財団、工場財団、鉱業財団、軌道財団、運河財団、漁業財団、港湾運送事業財団、道路交通事業財団及び観光施設財団
a guarantee by a guarantor whom the head of a local government finds reliable.
地方団体の長が確実と認める保証人の保証
When taking security under the preceding paragraph, if there is property seized in respect of the local government levies subject to the deferral or suspension, the amount of the security is limited to the amount obtained by deducting the value of that property from the amount subject to the deferral or suspension.
When the head of a local government has taken security under paragraph (1), if the head finds that payment or remittance of the amount subject to the deferral or suspension can no longer be secured owing to a decrease in the value of the property provided as security or in the resources of the guarantor or for any other reason, or if the head has released a seizure under Article 15-2-3, paragraph (2), Article 15-5-3, paragraph (1) or Article 15-6-3, paragraph (1), the head may request the taxpayer or special collection agent to provide additional security, change guarantors or take other action necessary to ensure the security.
地方団体の長は、第一項の規定により担保を徴した場合において、担保財産の価額若しくは保証人の資力の減少その他の理由により猶予に係る金額の納付若しくは納入を担保することができないと認めるとき、又は第十五条の二の三第二項、第十五条の五の三第一項若しくは第十五条の六の三第一項の規定により差押えを解除したときは、納税者又は特別徴収義務者に対し、増担保の提供、保証人の変更その他担保を確保するため必要な行為を求めることができる。
Beyond what is provided for in the preceding three paragraphs, necessary matters concerning the provision of security are specified by Cabinet Order.
前三項に定めるもののほか、担保の提供について必要な事項は、政令で定める。
Article 16-2Entrustment of Payment or Remittance
第十六条の二(納付又は納入の委託)
Where a taxpayer or special collection agent, in order to pay or remit the following local government levies, wishes to provide securities designated by the head of a local government (excluding securities that may be used for payment of revenue of a local government under Article 231-2, paragraph (3) or (5) of the Local Autonomy Act) and to entrust the collection of those securities and the payment or remittance of those local government levies with the money collected, a tax collection official may accept the entrustment only where the securities are found to be certain to be collectable in the near term; in this case, if collection of the securities requires expense, the person who wishes to make the entrustment must also provide an amount equivalent to that expense.
納税者又は特別徴収義務者が次に掲げる地方団体の徴収金を納付し、又は納入するため、地方団体の長が定める有価証券(地方自治法第二百三十一条の二第三項又は第五項の規定により地方団体の歳入の納付に使用することができる証券を除く。)を提供して、その証券の取立てとその取り立てた金銭による当該地方団体の徴収金の納付又は納入を委託しようとする場合には、徴税吏員は、その証券が最近において確実に取り立てることができるものであると認められるときに限り、その委託を受けることができる。この場合において、その証券の取立てにつき費用を要するときは、その委託をしようとする者は、その費用の額に相当する金額を併せて提供しなければならない。
Local government levies whose due date for payment arrives on or after the payment date of the securities for which entrustment of payment or remittance is sought;
納付又は納入の委託をしようとする有価証券の支払期日以後に納期限の到来する地方団体の徴収金
Local government levies in arrears (excluding those listed in item (i)) for which the taxpayer or special collection agent has a sincere intention to pay or remit and for which accepting the entrustment of payment or remittance is found advantageous for the collection of local government levies.
When a tax collection official has accepted entrustment under the preceding paragraph, the official must issue to the taxpayer or special collection agent a certificate of entrustment of payment or a certificate of entrustment of remittance in the form specified by Order of the Ministry of Internal Affairs and Communications.
When a tax collection official has accepted entrustment under paragraph (1), the official may, where necessary, re-entrust the collection, and the payment or remittance, to a financial institution found to be reliable.
Where entrustment under paragraph (1) has been made, if, as a result of the provision of the securities relating to the entrustment, it comes to be found unnecessary, for the local government levies listed in paragraph (1), item (i), to provide the security listed in the items of paragraph (1) of the preceding Article, the provision of that security may be deemed to have been made to the extent so found.
Article 16-3Security for Preservation
第十六条の三(保全担保)
Where a taxpayer or special collection agent of any of the following local taxes is delinquent in the local government levies relating to those local taxes, if it is found that the collection of those local government levies to be imposed on the person thereafter cannot be secured, the head of a local government may, as security for those local government levies, designate an amount and a time limit and order the person to provide any of the things listed in the items of Article 16, paragraph (1) or money.
Prefectural tobacco tax;
道府県たばこ税
Golf course use tax;
ゴルフ場利用税
Light oil delivery tax;
軽油引取税
Municipal tobacco tax;
市町村たばこ税
Bathing tax;
入湯税
Prefectural non-statutory ordinary tax, municipal non-statutory ordinary tax or non-statutory earmarked tax, in each case collected by the method of special collection.
The amount designated under the preceding paragraph is limited to an amount equivalent to three times the amount of those local government levies for the month preceding the month in which the provision is ordered (or, where that amount is less than the amount to be remitted or paid as those local government levies for the month in the previous year corresponding to the month in which the provision is ordered and for the following two months, the latter amount).
The provisions of Article 16, paragraphs (3) and (4) apply mutatis mutandis to the security under paragraph (1).
Where the head of a local government has ordered the provision of security for the local government levies prescribed in paragraph (1) under that paragraph, if the taxpayer or special collection agent fails to provide the ordered security by the designated time limit, the head may notify the taxpayer or special collection agent in writing that, in relation to those local government levies, a mortgage will be created on property of that person that may be the object of a mortgage, up to the amount designated under that paragraph.
When notice under the preceding paragraph has been given, the taxpayer or special collection agent who received the notice is deemed to have created the mortgage referred to in that paragraph. In this case, the head of a local government must request the relevant agency to register the creation of the mortgage.
In the case of the latter part of the preceding paragraph (excluding the case prescribed in the following paragraph), a document certifying that the written notice under paragraph (4) has reached the taxpayer or special collection agent referred to in that paragraph must be attached to the document relating to the request.
In the case of the latter part of paragraph (5), when making a request under Article 18 of the Real Property Registration Act (Act No. 123 of 2004) as applied mutatis mutandis in Article 16, paragraph (2) of that Act (including as applied mutatis mutandis under other laws and regulations), the head of a local government must provide, together with the information relating to the request, information certifying that the document under paragraph (4) has reached the taxpayer or special collection agent referred to in that paragraph. In this case, notwithstanding Article 116, paragraph (1) of that Act, the consent of the registration obligor is not required.
第五項後段の場合において、不動産登記法(平成十六年法律第百二十三号)第十六条第二項(他の法令において準用する場合を含む。)において準用する同法第十八条の規定による嘱託をするときは、その嘱託情報と併せて第四項の文書が同項の納税者又は特別徴収義務者に到達したことを証する情報を提供しなければならない。この場合においては、同法第百十六条第一項の規定にかかわらず、登記義務者の承諾を得ることを要しない。
When security has been provided under paragraph (1) or a mortgage has been created under paragraph (5) (hereinafter referred to as "provision of security, etc."), if the period during which there is no delinquency in the local government levies relating to the order under paragraph (1) has continued for three consecutive months, the head of a local government must release the security.
When the head of a local government finds that provision of security, etc. has become unnecessary owing to a change in the resources or other circumstances of the taxpayer or special collection agent who has provided security, etc., the head may release it immediately, notwithstanding the preceding paragraph.
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
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
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
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
municipal non-statutory ordinary taxmachine translation
「市町村法定外普通税」
An ordinary tax (普通税) that a municipality levies under Article 5, paragraph 3 by setting up a tax of its own beyond those the Local Tax Act lists.
Short name set inArticle 10-4, paragraph (2)
non-statutory earmarked taxmachine translation
「法定外目的税」
An earmarked tax (目的税) that a prefecture under Article 4, paragraph 6 or a municipality under Article 5, paragraph 7 levies as a tax of its own creation, beyond the special-purpose taxes the Local Tax Act provides for.
Short name set inArticle 10-4, paragraph (2)
prefectural non-statutory ordinary taxmachine translation
「道府県法定外普通税」
An ordinary tax (普通税) that a prefecture creates under Article 4, paragraph 3, beyond the ordinary taxes listed in Article 4, paragraph 2.
Short name set inArticle 10-4, paragraph (2)
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
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
provision of security, etc.machine translation
「担保の提供等」
The provision of security that the head of a local government (地方団体の長) orders under Article 16-3, paragraph 1 from a taxpayer or special collection agent (特別徴収義務者) who has fallen behind on certain local taxes, or the mortgage (抵当権) deemed created under paragraph 5 of that Article where the security is not provided and the head gives notice.
Short name set inArticle 16-3, paragraph (8)
motor vehiclemachine translation
「自動車」
A motor vehicle as defined in Article 2, paragraph 2 of the Road Transport Vehicle Act that is an ordinary motor vehicle (普通自動車), or a small motor vehicle (小型自動車) with three or more wheels, as Article 3 of that Act classes them.
Defined inArticle 145, paragraph (1)
landmachine translation
「土地」
Rice paddies, upland fields, building land, salt fields, mineral spring sites (鉱泉地), ponds and marshes, forests, pastures, wilderness (原野) and any other land, for the special land holding tax (特別土地保有税).
Defined inArticle 585, paragraph (2)
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.
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.