If a taxpayer or special collection agent has created a mortgage on its property on or before the statutory payment due date, etc. of local government levies, those local government levies are collected from the proceeds of realization of that property after the claim secured by that mortgage.
第十四条の十一
(譲受前に設定された質権又は抵当権の優先)Priority of Pledges or Mortgages Created before Acquisition
If a taxpayer or special collection agent has acquired property on which a pledge or mortgage has been created, local government levies are collected from the proceeds of realization of that property after the claim secured by that pledge or mortgage.
The provisions of the preceding paragraph apply, in the case of a pledge other than a pledge that can be registered, only where the pledgee proves to the enforcement agency in a compulsory liquidation procedure the fact that the pledge was created before the acquisition referred to in that paragraph; in this case, the provisions of the latter part of Article 14-9, paragraph (3) and Article 14-9, paragraph (4) apply mutatis mutandis.
第十四条の十二
(質権及び抵当権の優先額の限度等)Limits on the Amount Given Priority for Pledges and Mortgages, etc.
The principal amount of a claim secured by a pledge or mortgage that takes precedence over local government levies pursuant to the provisions of the preceding three Articles is limited to the amount of the claim at the time when the pledgee or mortgagee received notice of the seizure or request for share distribution relating to those local government levies; provided, however, that this does not apply where it would prejudice the rights of a person who holds another claim that takes priority over those local government levies.
If registration of an increase in the amount of the claim or the maximum amount secured by a pledge or mortgage is made, the provisions of the preceding three Articles apply as if, at the time of that registration, a pledge or mortgage had been newly created in respect of the increased amount of the claim or maximum amount.
第十四条の十二の二
(法定納期限等以前に設定された企業価値担保権の優先等)Priority of Enterprise Value Security Rights Created on or before the Statutory Payment Due Date, etc.
If a taxpayer or special collection agent has created an enterprise value security right on its property on or before the statutory payment due date, etc. of local government levies, those local government levies are collected from the proceeds of realization of that property after the claim secured by that enterprise value security right.
The principal amount of a specified secured claim prescribed in Article 6, paragraph (4) of the Act on the Promotion of Business Financing, etc. (Act No. 52 of 2024), secured by an enterprise value security right that takes precedence over local government levies pursuant to the provisions of the preceding paragraph, is limited to the amount of the claim at the time when the holder of the enterprise value security right received notice of the seizure or request for share distribution relating to those local government levies; provided, however, that this does not apply where it would prejudice the rights of a person who holds another claim that takes priority over those local government levies.
第十四条の十三
(不動産保存の先取特権等の優先)Priority of Statutory Liens for Preservation of Immovables, etc.
If any of the following statutory liens exists on the property of a taxpayer or special collection agent, local government levies are collected from the proceeds of realization of that property after the claim secured by that statutory lien:
一
不動産保存の先取特権
Statutory liens for preservation of immovables;
二
不動産工事の先取特権
Statutory liens for construction work for immovables;
三
立木の先取特権に関する法律(明治四十三年法律第五十六号)第一項の先取特権
The statutory lien under paragraph (1) of the Act on Statutory Liens on Standing Trees (Act No. 56 of 1910);
The statutory lien under Article 802 or Article 842 of the Commercial Code (Act No. 48 of 1899), the statutory lien under Article 95, paragraph (1) of the Act on Limitation of Shipowner Liability (Act No. 94 of 1975), or the statutory lien under Article 55, paragraph (1) of the Act on Liability for Oil Pollution Damage (Act No. 95 of 1975);
五
地方団体の徴収金に優先する債権のため又は地方団体の徴収金のために動産を保存した者の先取特権
The statutory lien of a person who preserved movables for the sake of a claim that takes priority over local government levies or for the sake of local government levies.
The provisions of items (iii) through (v) of the preceding paragraph (excluding the part relating to a statutory lien listed in item (iii) of that paragraph that has been registered) apply only where the holder of the statutory lien proves the fact that the statutory lien exists to the enforcement agency in a compulsory liquidation procedure.
第十四条の十四
(法定納期限等以前にある不動産賃貸の先取特権等の優先)Priority of Statutory Liens for Lease of Immovables, etc. Existing on or before the Statutory Payment Due Date, etc.
If any of the following statutory liens has existed on the property of a taxpayer or special collection agent since on or before the statutory payment due date, etc. of local government levies, or if a taxpayer or special collection agent has acquired property subject to that statutory lien, those local government levies are collected from the proceeds of realization of that property after the claim secured by that statutory lien:
A statutory lien for lease of immovables, or any other special statutory lien on movables that ranks equally with a pledge or ahead of these (excluding the statutory liens listed in paragraph (1), items (iii) through (v) of the preceding Article);
A statutory lien prescribed in Article 12 of the Act on Land and Building Leases (Act No. 90 of 1991) or Article 7 of the Act on Temporary Treatment of Land and Building Lease in Relation to Requisitioned Real Properties (Act No. 138 of 1956);
四
登記をした一般の先取特権
A registered general statutory lien.
第二項
前条第二項の規定は、前項第一号に掲げる先取特権について準用する。
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the statutory lien listed in item (i) of the preceding paragraph.
If a right of retention exists on the property of a taxpayer or special collection agent and that property is realized by a delinquent tax collection procedure, the local government levies are collected from the proceeds of realization after the claim that was secured by that right of retention; in this case, that claim is to be distributed ahead of a claim secured by a pledge, mortgage, statutory lien or provisional registration for security prescribed in Article 14-17, paragraph (1).
The provisions of the preceding paragraph apply only where the holder of the right of retention proves the fact that the right of retention exists to the administrative agency, etc. in the delinquent tax collection procedure.
第十四条の十六
(担保権付財産が譲渡された場合の地方税の徴収)Collection of Local Tax When Property Encumbered with a Security Right Is Transferred
If a taxpayer or special collection agent has no other sufficient property to be applied to local government levies and has transferred property on which it created a pledge or mortgage registered after the statutory payment due date, etc. of the local government levies, then only where it is found that the levies would still fall short even if a delinquent tax collection procedure were carried out against the property of the taxpayer or special collection agent, those local government levies may be collected from the pledgee or mortgagee, out of the amount that the pledgee or mortgagee is to receive by distribution in respect of the claim secured by that pledge or mortgage in a compulsory liquidation procedure on the property relating to the transfer.
The amount that may be collected under the preceding paragraph may not exceed the amount obtained by deducting the amount listed in item (ii) from the amount listed in item (i).
一
前項の譲渡に係る財産の換価代金から同項に規定する債権が配当を受けるべき金額
The amount that the claim prescribed in the preceding paragraph is to receive by distribution from the proceeds of realization of the property relating to the transfer referred to in that paragraph;
The amount that the claim referred to in the preceding paragraph would receive by distribution if the property referred to in the preceding item were deemed to be property of the taxpayer or special collection agent and a request for share distribution had been made for the local government levies referred to in that paragraph on the proceeds of realization of that property.
The head of a local government may, in order to collect local government levies under paragraph (1), enforce the pledge or mortgage by subrogation to the pledgee or mortgagee referred to in that paragraph.
When the head of a local government intends to collect local government levies under paragraph (1), the head must notify the pledgee or mortgagee to that effect.
If a compulsory liquidation procedure has been carried out on the property relating to the transfer referred to in paragraph (1), the head of a local government may make a request for share distribution to the enforcement agency for the portion of local government levies equal to the amount that may be collected under that paragraph.