Where a corporation has been dissolved and has distributed or delivered its residual property without paying the national tax that is to be imposed on it or that it is to pay, only where it is found that the amount to be collected will still be insufficient even if delinquent tax collection procedures are executed against that corporation, the liquidators and the persons who received the distribution or delivery of the residual property (excluding persons subject to the application of the provisions of the preceding Article; the same applies hereinafter in this paragraph) bear secondary tax liability for the national tax relating to that delinquency; provided, however, that a liquidator is liable to the extent of the value of the property distributed or delivered, and a person who received the distribution or delivery of the residual property is liable to the extent of the value of the property received.
Where a trust prescribed in Article 175 (Grounds for Commencement of Liquidation) of the Trust Act (Act No. 108 of 2006) has terminated and the liquidating trustee for that trust (meaning the liquidating trustee prescribed in Article 177 (Duties of Liquidating Trustee) of that Act; the same applies hereinafter in this paragraph) has provided property belonging to the trust property to residual property beneficiaries, etc. (meaning the residual property beneficiaries, etc. prescribed in Article 182, paragraph (2) (Vesting of Residual Property) of that Act; the same applies hereinafter in this paragraph) without paying the national tax that is to be imposed on that liquidating trustee or that the liquidating trustee is to pay (limited to national tax for which the obligation to pay constitutes an obligation borne by the trust property (meaning the obligation borne by the trust property prescribed in Article 2, paragraph (9) (Definitions) of that Act); the same applies hereinafter in this paragraph), only where it is found that the amount to be collected will still be insufficient even if delinquent tax collection procedures are executed against that liquidating trustee, the liquidating trustee (limited to a liquidating trustee who bears responsibility for performing the obligation to pay that national tax solely with property belonging to the trust property; hereinafter in this paragraph referred to as the "specified liquidating trustee") and the residual property beneficiaries, etc. bear secondary tax liability for the national tax relating to that delinquency; provided, however, that the specified liquidating trustee is liable to the extent of the value of the property provided, and the residual property beneficiaries, etc. are liable to the extent of the value of the property received.
信託法(平成十八年法律第百八号)第百七十五条(清算の開始原因)に規定する信託が終了した場合において、その信託に係る清算受託者(同法第百七十七条(清算受託者の職務)に規定する清算受託者をいう。以下この項において同じ。)に課されるべき、又はその清算受託者が納付すべき国税(その納める義務が信託財産責任負担債務(同法第二条第九項(定義)に規定する信託財産責任負担債務をいう。)となるものに限る。以下この項において同じ。)を納付しないで信託財産に属する財産を残余財産受益者等(同法第百八十二条第二項(残余財産の帰属)に規定する残余財産受益者等をいう。以下この項において同じ。)に給付をしたときは、その清算受託者に対し滞納処分を執行してもなおその徴収すべき額に不足すると認められる場合に限り、清算受託者(信託財産に属する財産のみをもつて当該国税を納める義務を履行する責任を負う清算受託者に限る。以下この項において「特定清算受託者」という。)及び残余財産受益者等は、その滞納に係る国税につき第二次納税義務を負う。ただし、特定清算受託者は給付をした財産の価額の限度において、残余財産受益者等は給付を受けた財産の価額の限度において、それぞれその責めに任ずる。
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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
residual property beneficiaries, etc.machine translation
「残余財産受益者等」
As defined in Article 182, paragraph 2 of the Trust Act, the beneficiaries whom the terms of a trust name to receive its residual property (残余財産受益者) and the persons they name as those to whom the residual property is to belong (帰属権利者).
Defined inArticle 34, paragraph (2)· applies only in this paragraph
liquidating trusteemachine translation
「清算受託者」
As defined in Article 177 of the Trust Act, the trustee of a trust after the trust has ended, who completes its current business, collects the claims of the trust property and pays its debts, and delivers its residual property.
Defined inArticle 34, paragraph (2)· applies only in this paragraph
specified liquidating trusteemachine translation
「特定清算受託者」
In Article 34, paragraph 2, the liquidating trustee (清算受託者) of a trust ended as Article 175 of the Trust Act provides who is liable for the trust's national tax only out of the trust property; where it hands that property to the residual property beneficiaries, etc. (残余財産受益者等) without paying the tax, it bears secondary tax liability (第二次納税義務) up to the value of the property handed over.
Short name set inArticle 34, paragraph (2)· applies only in this paragraph