National Tax Collection Act

Where a specified seizure has been released, and the seizure takes effect pursuant to the provisions of Article 87, paragraph (1) (Effect of Participatory Seizure) for the participatory seizure relating to the revocation of the realization execution decision under the provisions of paragraph (1) of the preceding Article (limited to the part relating to item (ii)) (except in the following cases), the district director who revoked that realization execution decision may regard the realization procedure carried out on the basis of that realization execution decision as the realization procedure under that seizure, and continue the realization of the real property relating to that seizure (hereinafter referred to as "seized real property" in this Article).

Where compulsory execution or an auction as an exercise of a security interest has commenced for the seized real property;

Where there is a request for share distribution made earlier than the participatory seizure relating to the revocation of that realization execution decision made by that district director; or

Where there is a right that would be extinguished if the specified real property under participatory seizure had been realized before the specified seizure was released, and that is not extinguished upon realization of the seized real property.

Fruits may not be realized until after they have matured, nor silkworms until after they have become cocoons.

The provisions of the preceding paragraph apply mutatis mutandis to work in process in a production process (including cultivated products and other things similar to them) whose value is extremely low and which is unsuitable for ordinary transactions unless it becomes a finished product or reaches a certain stage of production.

Where a secondary taxpayer has filed an action concerning the notice under Article 32, paragraph (1) (General Rules for Secondary Tax Liability), the demand under paragraph (2) of that Article, or a delinquent tax collection procedure relating to the national tax concerned, the property may not be realized through a delinquent tax collection procedure for that national tax while the lawsuit is pending. The same applies where a guarantor has filed an action concerning the notice under Article 52, paragraph (2) of the Act on General Rules for National Taxes (Disposition of the Collateral and Enforcement of Guarantee), the demand under paragraph (3) of that Article, or a delinquent tax collection procedure relating to the national tax concerned, or where an action has been filed concerning a seizure relating to the notice under Article 55, item (ii) of this Act (Notice of Seizure to Right Holders of Provisional Registration) (limited to one relating to a provisional registration for security).

The realization of a motor vehicle, construction machinery, or small vessel is to be carried out after a collection official has taken possession of it pursuant to the provisions of Article 71, paragraph (3) (Possession of Seized Motor Vehicles, etc.); provided, however, that this does not apply where it is found that there is no obstacle to realization.

A delinquent taxpayer may not purchase, whether directly or indirectly, their own property that is the object of realization (excluding property transferred as security to which the provisions of Article 24, paragraph (3) (Execution against Property Transferred as Security) apply). The same applies to officials belonging to the National Tax Agency, a Regional Taxation Bureau, a tax office, or a customs office who are engaged in affairs relating to national taxes, with respect to property that is the object of realization.

When the district director realizes seized property, etc., if the director finds it necessary, the director may, with the consent of the delinquent taxpayer, carry out repairs or other dispositions to increase the value of that property.

When the district director realizes seized property, etc., the district director must put it up for public auction.

A public auction must be conducted by the method of bidding or competitive sale.

When the district director puts seized property, etc. up for public auction, the district director must give public notice of the following matters at least 10 days before the date of the public auction; provided, however, that if the district director finds that the property put up for public auction (hereinafter referred to as "public auction property") would require unreasonable preservation costs or is likely to suffer a significant decrease in value, the district director may shorten this period.

the name, quantity, nature, and location of the public auction property;

the method of the public auction;

the date, time, and place of the public auction;

the date, time, and place of the decision to sell;

if a public auction deposit is to be required to be furnished, the amount thereof;

the deadline for payment of the purchase price;

if certain qualifications or other requirements are necessary for a purchaser of the public auction property, a statement to that effect;

a statement that a person who holds a pledge, mortgage, statutory lien, right of retention, or other right over the public auction property entitling the person to receive a distribution from the proceeds of the sale of that property is to report its content by the day before the date of the decision to sell;

beyond the matters listed in the preceding items, any matter found to be important in relation to the public auction.

The public notice under the preceding paragraph is to be given by posting it on the bulletin board of the tax office or in another place within the tax office that is easily visible to the public; provided, however, that this does not preclude the concurrent use of other methods, such as posting in another appropriate place, or publication in the Official Gazette or in a daily newspaper carrying matters of current affairs.

When the district director has given the public notice under the preceding Article, the district director must notify the delinquent taxpayer and those of the following persons who are known of the matters listed in the items of paragraph (1) of that Article (excluding item (viii)) and the amount of the national tax relating to the public auction.

a person who has made a request for share distribution with respect to the public auction property;

a person who holds a pledge, mortgage, statutory lien, right of retention, superficies right, right of lease, or other right over the public auction property;

an administrative agency, etc. consenting to realization.

When giving the notice under the preceding paragraph, the district director must, at the same time, demand of those persons who are known among the persons entitled to receive a distribution from the proceeds of the sale of the public auction property that they submit, by the day before the day on which the decision to sell that property is made, the written statement of the current amount of claims prescribed in Article 130, paragraph (1) (Method for Confirming Amount of Claims) with respect to the national tax, local tax, or other claims for which they are entitled to receive the distribution.

A public auction is to be conducted in the city, town, or village (including special wards) where the public auction property is located; provided, however, that the district director may conduct it at another place if the district director finds it necessary.

The district director must determine the estimated value of the public auction property by appropriately taking into account the transaction prices of similar property in the vicinity or of property of the same kind, the profits to be generated from the public auction property, the cost of the public auction property, and other circumstances affecting the formation of the price of the public auction property. In this case, the district director must take into consideration that the determination of the estimated value is for the public auction of seized property, etc.

When determining the estimated value pursuant to the preceding paragraph, the district director may, if the district director finds it necessary, entrust an appraiser with its valuation and refer to the appraised value.

When the district director puts property listed in the following items among public auction property up for public auction, the district director must give public notice of the estimated value by the day set out in the respective item.

real property, ships, and aircraft: the day three days before the day of the public auction;

Property to be sold at public auction by the method of auction by competitive bidding or by the method prescribed in Article 105, paragraph (1) (Multiple Successful Bid System) (excluding the property listed in the preceding item): the day before the day of the public auction (if the district director finds that a fact falling under the proviso to Article 95, paragraph (1) (Public Auction Notice) exists with regard to the property, the day of the public auction);

Other property for which the district director finds a public notice to be necessary: the day before the day of the public auction.

When selling at public auction property whose estimated value is not publicly noticed, the district director must place a document stating the estimated value, put in an envelope and sealed, at the place where the public auction is held.

The provisions of Article 95, paragraph (2) apply mutatis mutandis to the public notice under paragraph (1). However, the district director may, only where the public auction property is movable property, substitute for this public notice the affixing to the property of a sheet stating the estimated value.

In the case referred to in paragraph (1), if there is, over the public auction property, a right of lease (limited to one relating to real property or a ship) or a superficies right, the district director must also give public notice of its term of duration, rent or land rent, and other particulars of these rights.

A person who intends to make a bid, etc. for public auction property (limited to real property; hereinafter referred to as "real property for public auction" in this Article, Article 106-2 (Commission of Examinations) and Article 108, paragraph (5) (Measures to Ensure Proper Conduct of Public Auctions)) (if that person is a corporation, its representative) may not make a bid, etc. unless the person states to the district director, as provided by Ministry of Finance Order, that the person does not fall under any of the following items.

The person who intends to make a bid, etc. for the real property for public auction (if that person is a corporation, its officer) is an organized crime group member (meaning an organized crime group member prescribed in Article 2, item (vi) (Definitions) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991); the same applies hereinafter in this item) or a person for whom five years have not elapsed since the day they ceased to be an organized crime group member (referred to as "organized crime group member, etc." in the following item, Article 106-2 and Article 108, paragraph (5));

A person who intends to have a bid, etc. made for the real property for public auction on their own account (if that person is a corporation, its officer) is an organized crime group member, etc.