National Tax Collection Act

Of the property not subject to the provisions of the preceding three Subsections (hereinafter referred to as "incorporeal property, etc."), the seizure of patent rights, copyrights and other property for which there is no third-party debtor, etc. (excluding rights pertaining to that property (excluding those for which registration is required for the transfer of the right) that are transferred using an electronic data processing system (hereinafter referred to as "specified electronically transferred property rights")) is effected by serving a seizure document on the delinquent taxpayer.

The effect of the seizure under the preceding paragraph arises at the time the seizure document is served on the delinquent taxpayer.

When the district director has seized incorporeal property, etc. for which registration is required for the transfer of the right, the district director must commission the relevant authority to register the seizure.

If the registration of the seizure under the preceding paragraph is made before the service of the seizure document, the effect of the seizure arises at the time the registration of the seizure is made, notwithstanding the provisions of paragraph (2).

The effect of the seizure of a patent right, utility model right or other right for which a restriction on its disposition does not take effect unless it is registered arises at the time the registration of the seizure is made, notwithstanding the provisions of paragraph (2) and the preceding paragraph.

The seizure of specified electronically transferred property rights is effected by transferring the specified electronically transferred property rights to the control of a collection official; provided, however, that where it is difficult to proceed by that method, it may be effected by ordering a right holder of the specified electronically transferred property rights (including the person in whose name they stand, where that person is different) who is able to transfer them to the control of another person to transfer the specified electronically transferred property rights to the control of a collection official.

The effect of the seizure under the preceding paragraph arises at the time when the specified electronically transferred property rights are transferred to the control of a collection official pursuant to the main clause of that paragraph, or when notice of the order under the proviso to that paragraph is given.

The seizure of telephone subscription rights, the equity interest of a member of a general partnership company, and other property for which there is a third-party debtor, etc., among incorporeal property, etc. (excluding corporate bonds, etc. prescribed in Article 2, paragraph (1) (Definitions) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001) the attribution of rights to which is determined by entries or records in the transfer account book (referred to as "book-entry corporate bonds, etc." in the following Article)) is effected by serving a written notice of seizure on the third-party debtor, etc.

The effect of the seizure under the preceding paragraph arises at the time the written notice of seizure is served on the third-party debtor, etc.

The provisions of Article 72, paragraphs (3) and (4) (Procedures for Seizure of Patent Rights, etc. and Time of Taking Effect) apply mutatis mutandis to the seizure of property prescribed in paragraph (1) for which registration is required for the transfer of the right (excluding that prescribed in the following paragraph). In this case, the term "seizure document" in paragraph (4) of that Article is deemed to be replaced with "written notice of seizure".

The provisions of Article 72, paragraph (5) apply mutatis mutandis to the seizure of an exclusive license on a patent right, or any other right, for which a restriction on its disposition does not take effect unless it is registered.

The provisions of Article 65 (Taking Up of Instruments Evidencing a Claim) and Article 67 (Collection of Seized Claims) apply mutatis mutandis to the property prescribed in paragraph (1).

The seizure of book-entry corporate bonds, etc. is effected by serving a written notice of seizure on the issuer of the book-entry corporate bonds, etc. (hereinafter in this paragraph and the following paragraph referred to as the "issuer") and the book-entry transfer institution, etc. prescribed in Article 2, paragraph (5) (Definitions) of the Act on Book-Entry Transfer of Corporate Bonds and Shares with which the delinquent taxpayer has had an account opened (where the delinquent taxpayer has made a demand set out in one of the following items and the book-entry corporate bonds, etc. relating to that demand are entered or recorded in the purchase account specified in that item, and the book-entry corporate bonds, etc. relating to that demand are to be seized, the book-entry transfer institution, etc. with which the issuer has had that purchase account opened; hereinafter referred to as the "book-entry transfer institution, etc." in this Article).

an exercise of appraisal rights, exercise of appraisal rights on investment units or exercise of appraisal rights on preferred equity investments prescribed in Article 155, paragraph (1) (Special Provisions of the Companies Act on Exercise of Appraisal Rights) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (including where applied mutatis mutandis with the terms replaced under Article 228, paragraph (1) (Application Mutatis Mutandis of Provisions on Shares to Investment Units) and Article 239, paragraph (1) (Application Mutatis Mutandis of Provisions on Shares to Preferred Equity) of the Act on Book-Entry Transfer of Corporate Bonds and Shares; the same applies hereinafter in this item): the purchase account prescribed in Article 155, paragraph (1) of that Act;

an exercise of appraisal rights on share options or exercise of appraisal rights on new investment unit options prescribed in Article 183, paragraph (1) (Special Provisions of the Companies Act on Exercise of Appraisal Rights on Share Options) of the Act on Book-Entry Transfer of Corporate Bonds and Shares (including where applied mutatis mutandis with the terms replaced under Article 247-3, paragraph (1) (Application Mutatis Mutandis of Provisions on Share Options to New Investment Unit Options) of the Act on Book-Entry Transfer of Corporate Bonds and Shares; the same applies hereinafter in this item): the purchase account prescribed in Article 183, paragraph (1) of that Act;

an exercise of appraisal rights on bonds with share options prescribed in Article 215, paragraph (1) (Special Provisions of the Companies Act on Exercise of Appraisal Rights on Bonds with Share Options) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph;

an exercise of appraisal rights prescribed in Article 259, paragraph (1) (Special Provisions of the Merger and Conversion Act on Exercise of Appraisal Rights in a Merger of Financial Institutions, etc.) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph;

an exercise of appraisal rights on share options prescribed in Article 260, paragraph (1) (Special Provisions of the Merger and Conversion Act on Exercise of Appraisal Rights on Share Options in a Merger of Financial Institutions, etc.) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph;

an exercise of appraisal rights prescribed in Article 266, paragraph (1) (Special Provisions of the Insurance Business Act on Exercise of Appraisal Rights in a Merger of Insurance Companies, etc.) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph;

an exercise of appraisal rights on share options prescribed in Article 267, paragraph (1) (Special Provisions of the Insurance Business Act on Exercise of Appraisal Rights on Share Options in a Merger of Insurance Companies, etc.) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph;

an exercise of appraisal rights prescribed in Article 273, paragraph (1) (Special Provisions of the Financial Instruments and Exchange Act on Exercise of Appraisal Rights in a Merger of Financial Instruments Exchanges, etc.) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph;

an exercise of appraisal rights on share options prescribed in Article 274, paragraph (1) (Special Provisions of the Financial Instruments and Exchange Act on Exercise of Appraisal Rights on Share Options in a Merger of Financial Instruments Exchanges, etc.) of the Act on Book-Entry Transfer of Corporate Bonds and Shares: the purchase account prescribed in that paragraph.

When seizing book-entry corporate bonds, etc., a collection official must prohibit the issuer from performing its obligations with respect to them, the book-entry transfer institution, etc. from transferring or deleting them, and the delinquent taxpayer from collecting or otherwise disposing of them or from applying for their transfer or deletion.

The seizure under paragraph (1) takes effect when the written notice of seizure is served on the book-entry transfer institution, etc.

The provisions of Article 67 (Collection of Seized Claims) apply mutatis mutandis to book-entry corporate bonds, etc.

If the district director has seized the equity interest of a delinquent taxpayer who is a member or other constituent of a corporation, such as an enterprise cooperative under the Small and Medium-Sized Enterprise Cooperatives Act or a shinkin bank, in which a constituent holding an equity interest, such as a member, may withdraw voluntarily (where prior notice or other fixed procedures are required for withdrawal, voluntarily after completing them) (excluding general partnership companies, limited partnership companies, and limited liability companies; hereinafter referred to as a "cooperative, etc." in this Article), and there is a ground set out below with respect to that equity interest, and it is found that, even if delinquent tax collection procedures are executed on property other than that equity interest, the national tax to be collected would still be insufficient, the district director may request the cooperative, etc. to refund part of that equity interest (or, for an equity interest the transfer of which to the cooperative, etc. is permitted, to take it over).

that, even when the equity interest is put up for realization again, there is still no purchaser; or

that, because an Act or the articles of incorporation restrict the transfer of the equity interest, it cannot be transferred.

The request prescribed in the preceding paragraph may be made only after prior notice has been given to the cooperative, etc. 30 days in advance (or, for withdrawal from a cooperative, etc. that requires, under the provisions of an Act or the articles of incorporation, prior notice to the cooperative, etc. a fixed period in advance that differs from this, that period).

The following property may not be seized:

clothing, bedding, furniture, kitchen utensils, tatami mats, and fittings that are indispensable for the livelihood of the delinquent taxpayer and the spouse sharing the same livelihood with that person (including a person who has not filed a notification of marriage but is in a de facto marital relationship) and other relatives sharing the same livelihood with that person (hereinafter referred to as "relatives sharing the same livelihood");

food and fuel necessary for three months for the livelihood of the delinquent taxpayer and the relatives sharing the same livelihood with that person;

equipment, fertilizers, work animals or their feed that are indispensable for agriculture as well as seeds or any similar agricultural products that are indispensable for continuing agriculture until the next harvest conducted by a person who works in agriculture mainly on their own;

fishing nets or any other fishing tackle, bait or juvenile fish or other similar marine products that are indispensable for catching or farming marine products by a person who works in the fishing industry mainly on their own;

equipment or any other objects (excluding merchandise) that are indispensable for the work of a technician, an artisan, a laborer or any other person who works in an occupation or business mainly by their own intellectual or physical labor (excluding those prescribed in the preceding two items);

a registered seal or any other seal that is indispensable for an occupation or daily living;

a Buddhist statue, a memorial tablet or other object that is indispensable for direct use in religious service or worship;

genealogical records, diaries, and similar documents necessary for the delinquent taxpayer;

decorations and other badges of honor received by the delinquent taxpayer or their relatives;

books and equipment necessary for the study of the delinquent taxpayer or the relatives sharing the same livelihood with that person;

inventions or works that have not yet been made public;

artificial hands, artificial legs, and other objects used to supplement the body that are necessary for the delinquent taxpayer or the relatives sharing the same livelihood with that person;

fire fighting machinery or equipment, evacuation equipment or any other supplies that are required to be put in place in a building or any other structure pursuant to the provisions of laws and regulations for disaster prevention or safety reasons.

The provisions of item (i) of the preceding paragraph (limited to the part pertaining to tatami mats and fittings) and item (xiii) of that paragraph do not apply when the property prescribed in those provisions is seized together with the building or other structure.