Article 16-4Preservative Seizure
第十六条の四(保全差押え)
Changes on (Act No. 2 of 2026)
Where a person found to be obligated to pay or remit local government levies has, on suspicion of having wrongfully evaded local government levies or having received a refund of local government levies, been subjected to a seizure under the provisions of Section 16, Subsection 1, a seizure with a recording order or retention prescribed in Article 22-4, paragraph (1), or a seizure under the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) (including an order to provide electronic or magnetic records under the provisions of that Act (limited to one that orders provision by the method listed in Article 102-2, paragraph (1), item (i), (a) of that Act)), an order to provide electronic or magnetic records (limited to one that orders provision by the method listed in Article 102-2, paragraph (1), item (i), (b) of that Act), or arrest, and it is found that, after the finalization of the amount of the local government levies to be paid or remitted relating to that disposition (meaning finalization by notice of payment or remittance, return, reassessment or determination; the same applies hereinafter in this Article), the collection of those local government levies cannot be secured, the head of a local government may, before the finalization of the amount of those local government levies to be paid or remitted, determine, out of the amount of local government levies expected to be finalized, the amount for which the head finds it necessary to carry out a delinquent tax collection procedure in advance in order to secure their collection (hereinafter in this Article referred to as the "amount for preservative seizure"). In this case, a tax collection official may immediately seize the person's property up to that amount.
地方団体の徴収金につき納付又は納入の義務があると認められる者が、不正に地方団体の徴収金を免れ、又は地方団体の徴収金の還付を受けたことの嫌疑に基づき、第十六節第一款の規定による差押え、第二十二条の四第一項に規定する記録命令付差押え若しくは領置又は刑事訴訟法(昭和二十三年法律第百三十一号)の規定による押収(同法の規定による電磁的記録提供命令(同法第百二条の二第一項第一号イに掲げる方法による提供を命ずるものに限る。)を含む。)、電磁的記録提供命令(同号ロに掲げる方法による提供を命ずるものに限る。)若しくは逮捕を受けた場合において、その処分に係る地方団体の徴収金の納付し、又は納入すべき額の確定(納付若しくは納入の告知、申告、更正又は決定による確定をいう。以下この条において同じ。)後においては当該地方団体の徴収金の徴収を確保することができないと認められるときは、地方団体の長は、当該地方団体の徴収金の納付し、又は納入すべき額の確定前に、その確定をすると見込まれる地方団体の徴収金の金額のうちその徴収を確保するためあらかじめ滞納処分をすることを要すると認める金額(以下この条において「保全差押金額」という。)を決定することができる。この場合においては、徴税吏員は、その金額を限度として、その者の財産を直ちに差し押さえることができる。
When the head of a local government determines an amount for preservative seizure under the preceding paragraph, the head must notify in writing the person found to be obligated to pay or remit as prescribed in that paragraph of that amount for preservative seizure.
Where notice under the preceding paragraph has been given, if the person found to be obligated to pay or remit provides, as security equivalent to the amount for preservative seizure relating to that notice, any of the things listed in the items of Article 16, paragraph (1) or money, and requests that the seizure not be made, a tax collection official may not make the seizure.
A tax collection official must release the seizure under paragraph (1) when item (i) or (ii) applies, and the security prescribed in item (iii) when that item applies, respectively.
when a person whose property has been seized under paragraph (1) has provided the security prescribed in the preceding paragraph and requested the release of that seizure;
when the amount of local government levies relating to that seizure that is to be paid or remitted has not been fixed by the day on which one year has elapsed from the day on which notice was given under paragraph (2);
when the amount of local government levies relating to the security provided for the amount for preservative seizure that is to be paid or remitted has not been fixed by the day on which one year has elapsed from the day on which notice was given under paragraph (2).
A tax collection official may release the seizure or the security where, with regard to a person whose property has been seized under paragraph (1) or a person who has provided the security referred to in paragraph (3) or item (i) of the preceding paragraph, it is found that, due to a change in that person's financial resources or other circumstances, the seizure or the taking of security has become unnecessary.
Where a seizure under paragraph (1) has been made or security has been provided under paragraph (3) or paragraph (4), item (i), if the amount of local government levies relating to that seizure or provision of security that is to be paid or remitted has been fixed, that seizure or provision of security is deemed to have been made for the purpose of collecting those local government levies.
The provisions of Article 16, paragraphs (2) through (4) apply mutatis mutandis to security provided under paragraph (3) or paragraph (4), item (i).
第十六条第二項から第四項までの規定は、第三項又は第四項第一号の規定により提供される担保について準用する。
Property seized under paragraph (1) may not be realized until after the amount of local government levies relating to the seizure that is to be paid or remitted has been fixed.
In the case referred to in paragraph (1), if it is found that the property to be seized is insufficient, the head of a local government may make a request for share distribution in lieu of seizure. In this case, it must be made clear that it is a request for share distribution.
Where there is money seized under paragraph (1) (including money received from a third-party debtor, etc. through the seizure of securities, claims or intangible property rights, etc.), if the amount of local government levies relating to that seizure that is to be paid or remitted has not been fixed, the head of a local government must deposit it.
Where the amount fixed as the amount of local government levies prescribed in paragraph (1) that is to be paid or remitted is less than the amount for preservative seizure, if the person whose property was seized has suffered damage from the seizure, the local government is liable to compensate for that damage. In this case, the amount is to be the amount of loss that would ordinarily arise from the seizure.
The preceding paragraphs apply mutatis mutandis where a seizure under Article 38, paragraph (3) of the Act on General Rules for National Taxes (Act No. 66 of 1962) has been made with regard to income tax, corporation tax or consumption tax and, with regard to the income levy of individual prefectural inhabitant tax or municipal inhabitant tax imposed on the basis of the tax base of that income tax (including the per capita levy imposed together with them), the corporation tax levy of corporate prefectural inhabitant tax or municipal inhabitant tax imposed based on the taxation of that corporation tax (including the per capita levy imposed together with them), the enterprise tax on business conducted by an individual imposed on the basis of the tax base of that income tax, the income levy of the enterprise tax on business conducted by a corporation imposed on the basis of the tax base of that corporation tax (including the value-added levy and capital levy or revenue levy imposed together with it), or the local consumption tax imposed based on the taxation of that consumption tax, it is found that the collection of them cannot be secured after the obligation to pay them has been fixed. In this case, in paragraph (4), items (ii) and (iii), the term "one year" is deemed to be replaced with "six months."
前各項の規定は、所得税、法人税又は消費税について国税通則法(昭和三十七年法律第六十六号)第三十八条第三項の規定による差押えがされた場合において、当該所得税の課税標準を基準として課する個人の道府県民税若しくは市町村民税の所得割(これらと併せて課する均等割を含む。)、当該法人税の課税に基づいて課する法人の道府県民税若しくは市町村民税の法人税割(これらと併せて課する均等割を含む。)、当該所得税の課税標準を基準として課する個人の行う事業に対する事業税、当該法人税の課税標準を基準として課する法人の行う事業に対する事業税の所得割(これと併せて課する付加価値割及び資本割又は収入割を含む。)又は当該消費税の課税に基づいて課する地方消費税につき、これらに係る納付義務の確定後においてはこれらの徴収を確保することができないと認められるときについて準用する。この場合において、第四項第二号及び第三号中「一年」とあるのは、「六月」と読み替えるものとする。
Where a person who has received a deferral of collection, ex officio suspension of realization or suspension of realization upon application does not pay or remit the local government levies subject to that deferral or suspension by the time limit of that deferral or suspension, or the head of a local government has revoked that deferral or suspension under Article 15-3, paragraph (1) (including as applied mutatis mutandis with replacement of terms under Article 15-5-3, paragraph (2) and Article 15-6-3, paragraph (2)), and the local government levies subject to that deferral or suspension are accordingly to be collected, if there is security taken in respect of those local government levies, the head of a local government is to dispose of the property provided as security in accordance with delinquent tax collection procedures and apply the proceeds to the local government levies to be collected and the expenses of disposing of the property provided as security, or have the guarantor pay or remit those local government levies.
徴収の猶予、職権による換価の猶予又は申請による換価の猶予を受けた者がその猶予に係る地方団体の徴収金をその猶予の期限までに納付若しくは納入をせず、又は地方団体の長が第十五条の三第一項(第十五条の五の三第二項及び第十五条の六の三第二項において読み替えて準用する場合を含む。)の規定によりその猶予を取り消したことによつて、その猶予に係る地方団体の徴収金を徴収する場合において、その地方団体の徴収金について徴した担保があるときは、地方団体の長は、滞納処分の例によりその担保財産を処分して、その徴収すべき地方団体の徴収金及び担保財産の処分費に充て、又は保証人にその地方団体の徴収金を納付し、若しくは納入させる。
In the case referred to in the preceding paragraph, if the head of a local government finds that the proceeds of the disposition of the property provided as security, applied to the local government levies referred to in that paragraph and the expenses of disposing of the property provided as security, are still insufficient, the head is to carry out delinquent tax collection procedures against other property of the person delinquent in payment; and where the guarantor does not pay in full the amount to be paid or remitted, the head is to carry out delinquent tax collection procedures first against the person delinquent in payment, and, if there is still a shortfall or it is found that there will be a shortfall, against the guarantor.
The preceding two paragraphs apply mutatis mutandis where, security having been provided under Article 16-3 or paragraph (3) or paragraph (4), item (i) of the preceding Article (including as applied mutatis mutandis pursuant to paragraph (12) of that Article), the local government levies relating to that security are to be collected. In this case, where the security is money, it is to be applied immediately to those local government levies.
The provisions of Article 11 apply mutatis mutandis where local government levies are collected from a guarantor under paragraph (1) or (2) (including as applied mutatis mutandis in the preceding paragraph).
local governmentmachine translation
「地方団体」
A prefecture (道府県) or a municipality (市町村).
Defined inArticle 1, paragraph (1), item (i)· applies throughout the law
head of a local governmentmachine translation
「地方団体の長」
The governor of a prefecture (道府県知事) or the mayor of a municipality (市町村長).
Defined inArticle 1, paragraph (1), item (ii)· applies throughout the law
tax collection officialmachine translation
「徴税吏員」
A prefectural governor (道府県知事) or a prefectural employee the governor has delegated, or a mayor of a municipality (市町村長) or a municipal employee the mayor has delegated.
Defined inArticle 1, paragraph (1), item (iii)· applies throughout the law
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
third-party debtor, etc.machine translation
「第三債務者等」
For property to which Article 62 or 73 of the National Tax Collection Act applies (other than property whose transfer of rights needs registration), the third-party debtor (第三債務者) or a person in a like position; where delinquency proceedings continue against such property held as security by transfer (譲渡担保財産), the head of the local government must notify that person.
Short name set inArticle 14-18, paragraph (6), item (ii)· applies only in this provision and in Article 15-2-3, paragraph (3); and Article 16-4, paragraph (10)
deferral of collectionmachine translation
「徴収の猶予」
In Chapter 1, a deferral of collection that the head of a local government (地方団体の長) grants, on application, under Article 15, paragraph 1 or 2: for up to one year, where a disaster or theft, an illness or injury, the closure or suspension of a business, a serious loss in it, or a similar fact leaves the taxpayer or special collection agent (特別徴収義務者) unable to pay at once, or where the amount due was fixed a year or more after the statutory due date and cannot be paid at once.
Short name set inArticle 15, paragraph (3)· applies only in this chapter
intangible property rights, etc.machine translation
「無体財産権等」
As defined in Article 72, paragraph 1 of the National Tax Collection Act, property to which the three preceding subsections (款) of that Act on seizure do not apply, such as patent rights and copyrights.
Defined inArticle 15-2-3, paragraph (3)· applies only in this provision and in Article 16-4, paragraph (10)
suspension of realization upon applicationmachine translation
「申請による換価の猶予」
A suspension of the sale of seized property in delinquency proceedings (換価の猶予) that the head of a local government grants on the delinquent taxpayer's application under Article 15-6, paragraph 1; local government collection money already under it, or under a grace of collection (徴収の猶予), cannot be given the suspension the head may grant without application under Article 15-5.
Short name set inArticle 15-5, paragraph (1)· applies only in this chapter
ex officio suspension of realizationmachine translation
「職権による換価の猶予」
A suspension, for up to one year, of the sale of a delinquent taxpayer's property in a delinquency disposition (滞納処分) that the head of a local government (地方団体の長) grants on its own initiative under Article 15-5, paragraph 1, where the taxpayer is found to intend in good faith to pay and an immediate sale would put the taxpayer's business or livelihood at risk or a suspension would better serve collection.
Short name set inArticle 15-5, paragraph (2)· applies only in this chapter
amount for preservative seizuremachine translation
「保全差押金額」
Where a person thought liable for local taxes (地方団体の徴収金) has been subjected to a search, seizure or arrest on suspicion of evading them or obtaining a refund wrongly, and it is thought the tax could not be secured once its amount is settled, the amount, out of the tax expected to be settled, that the head of the local government decides must be secured beforehand by delinquency disposition (滞納処分); a tax collector may at once seize the person's property up to that amount.
Short name set inArticle 16-4, paragraph (1)· applies only in this article
seizure with a recording ordermachine translation
「記録命令付差押え」
A seizure in which a tax official (徴税吏員) investigating a tax offence (犯則事件) has a person who keeps electronic or magnetic records (電磁的記録), or anyone else with authority to use them, record the records needed onto a recording medium or print them out, and then seizes that medium.
Defined inArticle 22-4, paragraph (1)· applies only in this section