Article 16Priority of Mortgages Created on or before the Statutory Due Date for Tax Payment, etc.
第十六条(法定納期限等以前に設定された抵当権の優先)
Where a taxpayer has established a mortgage on the taxpayer's property on or before the statutory due date for tax payment, etc. of national tax, that national tax is collected from the proceeds of realization next after the claim secured by the mortgage.
Article 17Priority of Pledges or Mortgages Created before Acquisition
第十七条(譲受前に設定された質権又は抵当権の優先)
Where a taxpayer has acquired property on which a pledge or mortgage has been established, national tax is collected from the proceeds of realization next after the claim secured by the pledge or mortgage.
The provisions of the preceding paragraph apply to 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 established before the acquisition under that paragraph. In this case, the provisions of Article 15, paragraph (2), second sentence and paragraph (3) (Proof of Pledges Having Priority) apply mutatis mutandis.
Article 18Limits on the Amount Given Priority for Pledges and Mortgages, etc.
第十八条(質権及び抵当権の優先額の限度等)
The principal amount of a claim secured by a pledge or mortgage that takes priority over national tax under 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 pertaining to that national tax; provided, however, that this does not apply where it would prejudice the rights of a person holding another claim that takes priority over that national tax.
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.
質権又は抵当権により担保される債権額又は極度額を増加する登記がされた場合には、その登記がされた時において、その増加した債権額又は極度額につき新たに質権又は抵当権が設定されたものとみなして、前三条の規定を適用する。
第十八条の二(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)
Where a taxpayer has established an enterprise value charge on the taxpayer's property on or before the statutory due date for tax payment, etc. of national tax, that national tax is collected from the proceeds of realization next after the claim secured by the enterprise value charge.
The principal amount of a specified secured claim prescribed in Article 6, paragraph (4) (Definitions) of the Act on the Promotion of Business Financing, etc. (Act No. 52 of 2024) that is secured by an enterprise value charge that takes priority over national tax under the provisions of the preceding paragraph is limited to the amount of the claim at the time when the holder of the enterprise value charge received notice of the seizure or request for share distribution pertaining to that national tax; provided, however, that this does not apply where it would prejudice the rights of a person holding another claim that takes priority over that national tax.
Article 19Priority of Statutory Liens for Preservation of Real Property, etc.
第十九条(不動産保存の先取特権等の優先)
Where any of the following statutory liens exists on a taxpayer's property, national tax is collected from the proceeds of realization next after the claim secured by that statutory lien:
Statutory liens for preservation of real property;
不動産保存の先取特権
Statutory liens for construction work for real property;
不動産工事の先取特権
A statutory lien under paragraph (1) (Statutory Liens on Standing Trees) of the Act on Statutory Liens on Standing Trees (Act No. 56 of 1910);
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(立木の先取特権)の先取特権
A statutory lien under Article 802 (Statutory Liens on Cargo, etc.) or Article 842 (Statutory Liens on Ships) of the Commercial Code (Act No. 48 of 1899), Article 95, paragraph (1) (Statutory Liens on Ships) of the Act on Limitation of Shipowner Liability (Act No. 94 of 1975), or Article 55, paragraph (1) (Statutory Liens on Ships) of the Act on Liability for Oil Pollution Damage (Act No. 95 of 1975);
商法(明治三十二年法律第四十八号)第八百二条(積荷等についての先取特権)若しくは第八百四十二条(船舶先取特権)、船舶の所有者等の責任の制限に関する法律(昭和五十年法律第九十四号)第九十五条第一項(船舶先取特権)又は船舶油濁等損害賠償保障法(昭和五十年法律第九十五号)第五十五条第一項(船舶先取特権)の先取特権
The statutory lien of a person who has preserved movables for a claim that takes priority over national tax or for national tax.
国税に優先する債権のため又は国税のために動産を保存した者の先取特権
The provisions of items (iii) through (v) of the preceding paragraph (excluding statutory liens listed in item (iii) of that paragraph that have been registered) apply only where the holder of the statutory lien proves to the enforcement agency, in a compulsory liquidation procedure, the fact that the statutory lien exists.
前項第三号から第五号まで(同項第三号に掲げる先取特権で登記をしたものを除く。)の規定は、その先取特権者が、強制換価手続において、その執行機関に対しその先取特権がある事実を証明した場合に限り適用する。
第二十条(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)
Where any of the following statutory liens has existed on a taxpayer's property since on or before the statutory due date for tax payment, etc. of national tax, or where the taxpayer has acquired property subject to such a statutory lien, that national tax is collected from the proceeds of realization next after the claim secured by that statutory lien:
A statutory lien for lease of real property, 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);
不動産賃貸の先取特権その他質権と同一の順位又はこれらに優先する順位の動産に関する特別の先取特権(前条第一項第三号から第五号までに掲げる先取特権を除く。)
Statutory liens for sales of real property;
不動産売買の先取特権
A statutory lien prescribed in Article 12 (Statutory Liens of Lessors) of the Act on Land and Building Leases (Act No. 90 of 1991) or Article 7 (Statutory Liens of Lessors, etc.) of the Act on Temporary Treatment of Land and Building Lease in Relation to Requisitioned Real Properties (Act No. 138 of 1956);
借地借家法(平成三年法律第九十号)第十二条(借地権設定者の先取特権)又は接収不動産に関する借地借家臨時処理法(昭和三十一年法律第百三十八号)第七条(賃貸人等の先取特権)に規定する先取特権
A registered general statutory lien.
登記をした一般の先取特権
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the statutory lien listed in item (i) of the preceding paragraph.
Article 21Priority of Rights of Retention
第二十一条(留置権の優先)
Where a right of retention exists on the property of a taxpayer, if the property is realized by the delinquent tax collection procedure, the national tax is collected from the proceeds of realization next after the claim that was secured by the right of retention. In this case, that claim is to be distributed in priority to a claim secured by a pledge, mortgage, statutory lien, or the provisional registration for security prescribed in Article 23, paragraph (1) (Priority of Claims Secured by Provisional Registrations Made on or before the Statutory Due Date for Tax Payment, etc.).
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.
Article 22Collection of National Tax Where Property Subject to Security Interest Is Transferred
第二十二条(担保権付財産が譲渡された場合の国税の徴収)
Where a taxpayer does not have other sufficient property to appropriate to national tax, if the taxpayer has transferred property on which the taxpayer established a pledge or mortgage registered after the statutory due date for tax payment, etc. of that national tax, then only where it is found that the national tax would still be insufficient even if the delinquent tax collection procedure were executed against the taxpayer's property, that national tax may be collected from the pledgee or mortgagee, out of the amount they are to receive by distribution in respect of the claim secured by the pledge or mortgage in the compulsory liquidation procedure for 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).
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 the taxpayer's property and a request for share distribution of the national tax referred to in the preceding paragraph had been made for the proceeds of realization of that property.
In order to collect national tax under the provisions of paragraph (1), the district director may subrogate to the pledgee or mortgagee referred to in that paragraph and enforce the pledge or mortgage.
When the district director intends to collect national tax under the provisions of paragraph (1), the district director must notify the pledgee or mortgagee to that effect.
Where a compulsory liquidation procedure has been carried out for the property relating to the transfer referred to in paragraph (1), the district director may make a request for share distribution to the enforcement agency for the national tax in the amount that may be collected under the provisions of that paragraph.
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
taxpayermachine translation
「納税者」
A person liable under the national tax laws to pay a national tax other than tax collected by withholding (源泉徴収等による国税), and a person who must collect such withheld tax and pay it to the State.
Defined inArticle 2, paragraph (1), item (vi)· applies throughout the law
compulsory liquidation proceduremachine translation
「強制換価手続」
Any procedure that sells a debtor's property by force: delinquent tax collection (滞納処分) and procedures run in the same way, compulsory execution, auction to enforce a security interest, enforcement of an enterprise mortgage (企業担保権) or of an enterprise value charge (企業価値担保権), and bankruptcy.
Defined inArticle 2, paragraph (1), item (xii)· applies throughout the law
enforcement agencymachine translation
「執行機関」
An enforcement agency as defined in Article 2 of the National Tax Collection Act: the administrative agency or other body carrying out a delinquent tax collection procedure (滞納処分), a court (or, in some small-claims enforcement, a court clerk), a court execution officer (執行官) or a bankruptcy trustee.
Defined inArticle 2, paragraph (1), item (xiii)· 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)
proceeds of realizationmachine translation
「換価代金」
In Chapter II, the money to be distributed in a compulsory liquidation procedure (強制換価手続) carried out on a taxpayer's property.
Short name set inArticle 9, paragraph (1)· applies only in this chapter
statutory due date for tax payment, etc.machine translation
「法定納期限等」
The statutory due date for tax payment (法定納期限) of a national tax or, for the national taxes Article 15, paragraph 1 lists — such as tax settled after that date, tax demanded early, or tax of a deceased person or a merged or split corporation — the day each item sets, with accessory taxes and expenses for the delinquent tax collection procedure taking the day set for the tax they arise from; it is the date against which the priority of a pledge or other security over a national tax is judged.
Short name set inArticle 15, 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.