A pledge, mortgage, statutory lien, or right of retention on property put up for realization, a right pertaining to a provisional registration for security, and a right pertaining to a final registration (including definitive registration) that is based on a provisional registration for security and was made after the seizure of that property are extinguished when the purchaser pays the purchase price. The same applies, in the case where delinquent tax collection procedures have been executed against property transferred as security pursuant to the provisions of Article 24 (Liability in Rem for Tax of a Holder of Property Transferred as Security), and there is a provisional registration of a reservation of repurchase made by the delinquent taxpayer, to the claim preserved by that provisional registration.
If, when realizing real property, a ship, an aircraft, a motor vehicle, or construction machinery, all of the following items apply, the district director may have the purchaser assume the burden relating to a pledge, mortgage, or statutory lien on that property (limited to those that have been registered; the same applies hereinafter in this Article). In this case, the provisions of the preceding paragraph do not apply to the pledge, mortgage, or statutory lien so assumed.
When the national tax pertaining to the seizure (in the case of realizing specified real property under participatory seizure, including the local tax or public charge pertaining to the seizure by the delinquent tax collection procedure of an administrative agency, etc. consenting to realization) is to be collected next after the claim secured by that pledge, mortgage, or statutory lien;
When the due date for performance of the claim secured by that pledge, mortgage, or statutory lien does not arrive within six months from the date of decision to sell that property; and
その質権、抵当権又は先取特権により担保される債権の弁済期限がその財産の売却決定期日から六月以内に到来しないとき。
When an application has been made by the person who holds that pledge, mortgage, or statutory lien.
その質権、抵当権又は先取特権を有する者から申出があつたとき。
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
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
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
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
provisional registration for securitymachine translation
「担保のための仮登記」
A provisional registration (仮登記) or provisional recording (仮登録) based on a provisional registration security contract (仮登記担保契約) as Article 1 of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration defines it.
Short name set inArticle 23, paragraph (1)
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)
holder of property transferred as securitymachine translation
「譲渡担保権者」
The person who holds the rights in property transferred as security (譲渡担保財産).
Short name set inArticle 24, paragraph (2)
aircraftmachine translation
「航空機」
An aeroplane or rotorcraft (回転翼航空機) registered under the Civil Aeronautics Act.
Short name set inArticle 70, paragraph (1)
shipmachine translation
「船舶」
A ship that is entered in the registry (登記される船舶).
Short name set inArticle 70, paragraph (1)
construction machinerymachine translation
「建設機械」
Construction machinery registered under the Construction Machinery Hypothecation Act.
Short name set inArticle 71, paragraph (1)
motor vehiclemachine translation
「自動車」
A motor vehicle registered under the Road Transport Vehicle Act.
Short name set inArticle 71, 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)
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)
date of decision to sellmachine translation
「売却決定期日」
The day on which the district director of the tax office (税務署長) makes the decision to sell (売却決定) of real property, etc. (不動産等) to the highest bidder: the day on which seven days have passed counting from the public auction date, etc. (公売期日等), or, for real property, a day a Ministry of Finance Order (財務省令) sets with regard to the days usually needed for the inquiry under Article 106-2.
Short name set inArticle 113, paragraph (1)
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.
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.