Article 26Adjustment of Competition between National Tax and Local Tax, etc. and Private Claims
第二十六条(国税及び地方税等と私債権との競合の調整)
Where, in a compulsory liquidation procedure, national tax competes with other national tax, local tax, or public charges (hereinafter in this Article referred to as "local tax, etc.") and other claims (hereinafter in this Article referred to as "private claims"), and under the provisions of this Chapter, the Local Tax Act, or other Acts, the national tax takes priority over the local tax, etc., and the private claims are subordinate to the local tax, etc. and take priority over that national tax, or the national tax is subordinate to the local tax, etc., and the private claims take priority over the local tax, etc. and are subordinate to that national tax, the distribution of the proceeds of realization is as provided in the following items.
Where there are the expenses or expenses for the delinquent tax collection procedure prescribed in Article 9 (Priority of Expenses of Compulsory Liquidation Procedure) or Article 10 (Priority of Direct Expenses for the Delinquent Tax Collection Procedure), the national tax prescribed in Article 11 (Priority of Consumption Tax, etc. in the Case of Compulsory Liquidation) (including local tax that has a priority right equivalent thereto under the provisions of the Local Tax Act), claims subject to the application of the provisions of Article 21 (Priority of Rights of Retention), claims subject to the application of the provisions of Article 59, paragraph (3) or (4) (Priority of Prepaid Rent) (including the case where applied mutatis mutandis pursuant to Article 71, paragraph (4) (Provisions Applied Mutatis Mutandis to Motor Vehicles, etc.)), or claims subject to the application of the provisions of Article 19 (Priority of Statutory Liens for Preservation of Real Property, etc.), the proceeds are to be applied to each of these in that order;
With respect to the national tax, local tax, etc., and private claims (excluding those subject to the application of the provisions of the preceding item), the total amounts to be applied to the national tax, local tax, etc., and private claims are each determined by applying the provisions of this Chapter, the Local Tax Act, or other Acts in sequence, starting with the one whose statutory due date for tax payment, etc. (including the corresponding due date for payment, etc. of local tax or public charges) or whose time of creation, registration, transfer, or establishment is the earliest;
The total amount to be applied to the national tax and local tax, etc. determined under the provisions of the preceding item is applied in sequence to the national tax and local tax, etc. in accordance with the provisions of Article 8 (Principle of Priority of National Tax) or Articles 12 through 14 (Priority of National Tax by Prior Seizure, etc.), or the provisions of the Local Tax Act or other Acts corresponding to these; and
The total amount to be applied to the private claims determined under the provisions of item (ii) is applied in sequence to the private claims in accordance with the provisions of the Civil Code (Act No. 89 of 1896) and other Acts.
第二号の規定により定めた私債権に充てるべき金額の総額を民法(明治二十九年法律第八十九号)その他の法律の規定により順次私債権に充てる。
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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
local taxmachine translation
「地方税」
Local government collections (地方団体の徴収金) as defined in Article 1, paragraph 1, item 14 of the Local Tax Act, including the like collections of the Tokyo Metropolis (都) and its special wards (特別区), money collected for the forest environment tax under the Act on the Forest Environment Tax and the Forest Environment Transfer Tax, and money collected for the special corporate business tax under the Act on the Special Corporate Business Tax and the Special Corporate Business Transfer Tax.
Defined inArticle 2, paragraph (1), item (ii)· applies throughout the law
consumption tax, etc.machine translation
「消費税等」
Consumption tax, liquor tax, tobacco tax, gasoline tax, local gasoline tax, liquefied petroleum gas tax and petroleum and coal tax.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
public chargemachine translation
「公課」
A claim, other than a national tax (with its expenses for the delinquent tax collection procedure) or a local tax (地方税), that may be collected in the same way as a delinquent tax, by the delinquent tax collection procedure (滞納処分).
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
compulsory liquidation proceduremachine translation
「強制換価手続」
Any procedure that sells a debtor's property by force: delinquent tax collection (滞納処分) and procedures run in the same way, compulsory execution, auction to enforce a security interest, enforcement of an enterprise mortgage (企業担保権) or of an enterprise value charge (企業価値担保権), and bankruptcy.
Defined inArticle 2, paragraph (1), item (xii)· applies throughout the law
proceeds of realizationmachine translation
「換価代金」
In Chapter II, the money to be distributed in a compulsory liquidation procedure (強制換価手続) carried out on a taxpayer's property.
Short name set inArticle 9, paragraph (1)· applies only in this chapter
statutory due date for tax payment, etc.machine translation
「法定納期限等」
The statutory due date for tax payment (法定納期限) of a national tax or, for the national taxes Article 15, paragraph 1 lists — such as tax settled after that date, tax demanded early, or tax of a deceased person or a merged or split corporation — the day each item sets, with accessory taxes and expenses for the delinquent tax collection procedure taking the day set for the tax they arise from; it is the date against which the priority of a pledge or other security over a national tax is judged.
Short name set inArticle 15, paragraph (1)
local tax, etc.machine translation
「地方税等」
In Article 26, another national tax, a local tax (地方税) or a public charge (公課) that competes with a national tax for the proceeds of a compulsory liquidation procedure (強制換価手続).
Short name set inArticle 26, paragraph (1)· applies only in this article
private claimmachine translation
「私債権」
In Article 26, a claim other than a national tax, a local tax (地方税) or a public charge (公課) that competes with them for the proceeds of a compulsory liquidation procedure (強制換価手続).
Short name set inArticle 26, 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.
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.