Article 25Special Provisions on the Realization of Property Transferred as Security, etc.
第二十五条(譲渡担保財産の換価の特例等)
Where there is property transferred as security for which registration of a sale with a special agreement of repurchase, provisional registration (including provisional recording; the same applies hereinafter) for the preservation of a claim under a reservation of resale, or other similar registration (hereinafter in this Article referred to as "registration of repurchase right, etc.") has been made, and the right holder of the registration of repurchase right, etc. is a delinquent taxpayer, the seized right pertaining to the registration of repurchase right, etc. and the property transferred as security with that registration of repurchase right, etc. that has been seized under the provisions of paragraph (3) of the preceding Article may be realized together.
Beyond what is prescribed in the preceding Article and the preceding paragraph, matters necessary for the collection of a taxpayer's national tax from property transferred as security are specified by Cabinet Order.
Read this with the articles around it
national taxmachine translation
「国税」
A tax imposed by the national government, other than customs duty, tonnage tax, special tonnage tax, the forest environment tax and the special corporate business tax.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
taxpayermachine translation
「納税者」
A person liable under the national tax laws to pay a national tax other than tax collected by withholding (源泉徴収等による国税), and a person who must collect such withheld tax and pay it to the State.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
delinquent taxpayermachine translation
「滞納者」
A taxpayer (納税者) who has not paid a national tax they owe by its due date for payment, the original due date being the one that counts: a later date to which a tax payment grace period (納税の猶予) or a grace period for collection or for the delinquent tax collection procedure (滞納処分) has extended it does not.
Defined inArticle 2, paragraph (1), item (ix)· applies throughout the law
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 24, paragraph (1)
registration of repurchase right, etc.machine translation
「買戻権の登記等」
In Article 25, the registration of a sale with a special agreement for repurchase (買戻しの特約), a provisional registration to preserve the right to claim a resale under a promise of resale (再売買の予約), and any similar registration.
Short name set inArticle 25, paragraph (1)· applies only in this article
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.