Article 89-2Realization by the District Director Who Made a Participatory Seizure
第八十九条の二(参加差押えをした税務署長による換価)
Where the real property relating to a participatory seizure (hereinafter referred to as "real property under participatory seizure") is still not put up for realization even after the peremptory notice under the provisions of Article 87, paragraph (3) (Effect of Participatory Seizure) has been issued, the district director who made the participatory seizure may, with the consent of the administrative agency, etc. that carried out the delinquent tax collection procedure referred to in that paragraph, make a decision to carry out realization of the real property under participatory seizure (hereinafter referred to as a "realization execution decision"); provided, however, that this does not apply where compulsory execution or an auction as an exercise of a security interest has commenced for the real property under participatory seizure, or where a provision of an Act relating to national taxes under which realization cannot be made is applicable.
Where the administrative agency, etc. that carried out the delinquent tax collection procedure referred to in the preceding paragraph has received a request for consent to the carrying out of realization by the district director who made the participatory seizure referred to in that paragraph, and finds the carrying out of that realization appropriate, it is to give its consent; provided, however, that this does not apply where it has already given consent to the carrying out of realization by another administrative agency, etc. that made a participatory seizure with respect to the real property seized through the delinquent tax collection procedure referred to in that paragraph.
A realization execution decision takes effect upon notification to the administrative agency, etc. that consented to the carrying out of realization by the district director who made the participatory seizure referred to in paragraph (1) (hereinafter referred to as the "administrative agency, etc. consenting to realization").
The district director who made a realization execution decision (referred to as the "district director executing realization" in the following Article) must promptly notify the delinquent taxpayer and the person who made a request for share distribution for the real property under participatory seizure (limited to that for which a realization execution decision has been made; hereinafter referred to as "specified real property under participatory seizure") to that effect.
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
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
administrative agency, etc.machine translation
「行政機関等」
An administrative agency or other body that carries out a delinquent tax collection procedure (滞納処分).
Short name set inArticle 2, paragraph (1), item (xiii)
participatory seizuremachine translation
「参加差押え」
A request for share distribution (交付要求) that the district director of the tax office (税務署長) makes under Article 86, paragraph 1 by handing a participatory seizure document to the administrative agency, etc. that has already seized the delinquent taxpayer's movables, securities, real property, ships, aircraft, motor vehicles, construction machinery, small vessels or telephone subscription right through its delinquent tax collection procedure (滞納処分).
Short name set inArticle 86, paragraph (2)
real property under participatory seizuremachine translation
「参加差押不動産」
Real property on which the district director of the tax office (税務署長) has made a participatory seizure (参加差押え).
Short name set inArticle 89-2, paragraph (1)
realization execution decisionmachine translation
「換価執行決定」
A decision by the district director of the tax office (税務署長) who made a participatory seizure (参加差押え) of real property to carry out its realization (換価), with the consent of the administrative agency, etc. (行政機関等) that seized it, where that agency has not put it up for realization despite a demand under Article 87, paragraph 3.
Short name set inArticle 89-2, paragraph (1)
administrative agency, etc. consenting to realizationmachine translation
「換価同意行政機関等」
The administrative agency or other body (行政機関等) that first seized real property through its delinquent tax collection procedure (滞納処分) and consented to the district director of the tax office (税務署長) who made a participatory seizure (参加差押え) of it carrying out its realization (換価).
Short name set inArticle 89-2, paragraph (3)
district director executing realizationmachine translation
「換価執行税務署長」
In Articles 89-2 and 89-3, the district director of the tax office (税務署長) who has made a realization execution decision (換価執行決定).
Short name set inArticle 89-2, paragraph (4)· applies only in this provision and in Article 89-3
specified real property under participatory seizuremachine translation
「特定参加差押不動産」
Real property under participatory seizure (参加差押不動産) on which a realization execution decision (換価執行決定) has been made.
Short name set inArticle 89-2, paragraph (4)
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 as a reference.