Article 100Public Auction Deposit
第百条(公売保証金)
A person who intends to make a bid, etc. for public auction property (hereinafter referred to as a "bidder, etc.") must provide a public auction deposit, in an amount determined by the district director at 10 percent or more of the estimated value of the public auction property, by any of the methods set out in the following items. However, the district director may decide that a public auction deposit is not required where the estimated value of the public auction property is the amount specified by Cabinet Order or less, or where the purchase price is to be paid on the day of the decision to sell.
A method of payment in cash (including, among checks that can be used for payment of national tax, a check drawn by a bank and a check for which payment is guaranteed; the same applies in the following item, paragraph (4) and Article 115, paragraph (3) (Payment Deadline for the Purchase Price, etc.));
A method of submitting to the district director a document certifying that a contract (limited to one that satisfies the requirements specified by Ministry of Finance Order) has been concluded between the bidder, etc. and a guaranteeing bank, etc. (meaning a bank or other person that the district director finds appropriate; the same applies hereinafter in this item and paragraph (4)) to the effect that the guaranteeing bank, etc. will, upon the demand of the district director, pay cash equivalent to the public auction deposit for the bidder, etc.
Except where the proviso to the preceding paragraph applies, a bidder, etc. may not make a bid, etc. unless the bidder, etc. has provided a public auction deposit.
If there is a public auction deposit provided by the method set out in paragraph (1), item (i), the purchaser of the public auction property may apply that public auction deposit to the purchase price. However, if the decision to sell is revoked under Article 115, paragraph (4), the district director must apply that public auction deposit to the national tax relating to the public auction and, if there is still a remainder, deliver it to the delinquent taxpayer.
Where the district director has made a disposition under Article 115, paragraph (4) against a bidder, etc. who provided a public auction deposit by the method set out in paragraph (1), item (ii), the district director is to cause the guaranteeing bank, etc. for that bidder, etc. to pay cash equivalent to that public auction deposit. In this case, the cash paid by that guaranteeing bank, etc. is deemed to be a public auction deposit provided by the person subject to that disposition by the method set out in paragraph (1), item (i), and the proviso to the preceding paragraph applies.
The provisions of the preceding paragraph apply mutatis mutandis to cases where the district director has made a disposition under Article 108, paragraph (2) (Measures to Ensure Proper Conduct of Public Auctions). In this case, the phrase "Article 115, paragraph (4)" in the preceding paragraph is deemed to be replaced with "Article 108, paragraph (2) (Measures to Ensure Proper Conduct of Public Auctions)", and the phrase "the proviso to the preceding paragraph" is deemed to be replaced with "paragraph (3) of that Article".
In the cases set out in the following items, the district director must, without delay, return the public auction deposit prescribed in each item to the person who provided it.
税務署長は、次の各号に掲げる場合には、遅滞なく、当該各号に規定する公売保証金をその提供した者に返還しなければならない。
Where the highest bidder and the next highest bidder (hereinafter referred to as the "highest bidder, etc.") have been determined under Articles 104 through 105 (Determination of Highest Bidder, etc.) and there is a public auction deposit provided by another bidder, etc.;
第百四条から第百五条まで(最高価申込者等の決定)の規定により最高価申込者及び次順位買受申込者(以下「最高価申込者等」という。)を定めた場合において、他の入札者等の提供した公売保証金があるとき。
Where the highest bidder could not be determined because none of the prices of the bids, etc. reached the estimated value or for any other reason, and there is a public auction deposit provided by a bidder, etc.;
Where the highest bidder, etc. or the purchaser has cancelled their bid, etc. or purchase under Article 114 and there is a public auction deposit provided by that person;
Where the highest bidder has paid the purchase price under Article 115, paragraph (3) and there is a public auction deposit provided by the highest bidder other than one applied to the purchase price under the main clause of paragraph (3), or a public auction deposit provided by the next highest bidder;
Where the decision to sell has been revoked under Article 117 (Revocation of Decision to Sell upon Full Payment of National Tax, etc.) and there is a public auction deposit provided by the purchaser.
Article 101Bidding and Opening of Bids
第百一条(入札及び開札)
A person who intends to make a bid must seal a bid document stating their address or residence, name (in the case of a corporation, its name; the same applies hereinafter), the name of the public auction property, the bid price and other necessary particulars, and submit it to a collection official. In this case, where a bid is made using the electronic data processing system prescribed in Article 6, paragraph (1) (Applications Using Electronic Data Processing Systems) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology (Act No. 151 of 2002) pursuant to that paragraph, a measure specified by Ministry of Finance Order that corresponds to sealing the bid document is to be substituted for that sealing.
A bidder may not exchange, change or cancel the bid document that the bidder submitted.
入札者は、その提出した入札書の引換、変更又は取消をすることができない。
When opening bids, the collection official must have the bidders attend the opening. However, if the bidders do not attend, the collection official must have another official belonging to the tax office attend the opening.
開札をするときは、徴収職員は、入札者を開札に立ち会わせなければならない。ただし、入札者が立ち会わないときは、税務署所属の他の職員を開札に立ち会わせなければならない。
第百二条(再度入札)
Where the district director sells seized property, etc. at public auction by the method of bidding, if there is no bidder or the bid price does not reach the estimated value, the district director may immediately hold a re-bidding. In this case, the estimated value may not be changed.
税務署長は、入札の方法により差押財産等を公売する場合において、入札者がないとき、又は入札価額が見積価額に達しないときは、直ちに再度入札をすることができる。この場合においては、見積価額を変更することができない。
When selling seized property, etc. at public auction by the method of auction by competitive bidding, the collection official must designate the property and call for offers to purchase it.
The collection official may select an auctioneer and have the auctioneer handle the auction by competitive bidding of seized property, etc.
The provisions of the preceding Article apply mutatis mutandis to the auction by competitive bidding of seized property, etc.
Article 104Determination of the Highest Bidder
第百四条(最高価申込者の決定)
The collection official must determine, from among the bidders, etc. whose bids are at the estimated value or more, the bidder, etc. whose bid is at the highest price as the highest bidder.
In the case referred to in the preceding paragraph, if there are two or more bidders, etc. at the highest price, the highest bidder is determined by having them make further bids, etc., and if the prices of those bids, etc. are still the same, by lot.
Article 104-2Determination of the Next Highest Bidder
第百四条の二(次順位買受申込者の決定)
Where the collection official has sold at public auction by the method of bidding real property, ships, aircraft, motor vehicles, construction machinery, small vessels, claims, or incorporeal property, etc. other than telephone subscription rights (hereinafter referred to as "real property, etc."), if a bidder whose bid is at the next highest price after the bid price of the highest bidder (hereinafter in this Article referred to as the "highest bid price") (limited to a price that is the estimated value or more and is the amount obtained by deducting the amount of the public auction deposit from the highest bid price or more; the same applies in paragraph (3)) (or, where the highest bidder was determined by lot under paragraph (2) of the preceding Article, the bidder at the highest price other than that highest bidder; the same applies in paragraph (3)) offers to purchase as the next in order, the collection official must determine that person as the next highest bidder.
徴収職員は、入札の方法により不動産、船舶、航空機、自動車、建設機械、小型船舶、債権又は電話加入権以外の無体財産権等(以下「不動産等」という。)の公売をした場合において、最高価申込者の入札価額(以下この条において「最高入札価額」という。)に次ぐ高い価額(見積価額以上で、かつ、最高入札価額から公売保証金の額を控除した金額以上であるものに限る。第三項において同じ。)による入札者(前条第二項の規定によりくじで最高価申込者を定めた場合には、当該最高価申込者以外の最高の価額の入札者とする。第三項において同じ。)から次順位による買受けの申込みがあるときは、その者を次順位買受申込者として定めなければならない。
The offer to purchase as the next in order under the preceding paragraph must be made immediately after the determination of the highest bidder.
前項の次順位による買受けの申込みは、最高価申込者の決定後直ちにしなければならない。
In the case referred to in paragraph (1), if there are two or more bidders whose bids are at the next highest price after the highest bid price, the next highest bidder is determined by lot.
Article 105Determination of the Highest Bidder under the Multiple Successful Bid System
第百五条(複数落札入札制による最高価申込者の決定)
When selling at public auction by the method of bidding a large quantity of property of the same type and price at one time, if the district director finds it necessary, the district director may adopt a method (hereinafter referred to as the "multiple successful bid system") of having the persons who intend to bid make bids stating the quantity and unit price they desire within the quantity of that property, and of making highest bidders of the bidders, among those whose unit price is the estimated value or more, in descending order of bid price until the quantity of that property is reached. In this case, if there are two or more bidders in the last rank who are to become highest bidders, the one with the larger bid quantity is the prior-ranked bidder, and if the bid quantities are the same, the prior-ranked bidder is determined by lot.
税務署長は、種類及び価額が同じ財産を一時に多量に入札の方法により公売する場合において、必要があると認めるときは、その財産の数量の範囲内において入札をしようとする者の希望する数量及び単価を入札させ、見積価額以上の単価の入札者のうち、入札価額の高い入札者から順次その財産の数量に達するまでの入札者を最高価申込者とする方法(以下「複数落札入札制」という。)によることができる。この場合において、最高価申込者となるべき最後の順位の入札者が二人以上あるときは、入札数量の多いものを先順位の入札者とし、入札数量が同じときは、くじで先順位の入札者を定める。
In the case of the multiple successful bid system, if the bid quantity of the last-ranked bidder among the highest bidders, together with the bid quantities of the other highest bidders, exceeds the quantity of the public auction property, the excess bid quantity is to be treated as not having been bid.
Where the district director has made a decision to sell to highest bidders under the multiple successful bid system, if any of the purchasers does not pay the purchase price by its payment deadline, then only where the decision to sell is made following the opening of bids and payment of the price is made immediately, the district director may, within the quantity for which the decision to sell was made to that person, first treat bids as having been made for the bid quantity treated as not bid under the preceding paragraph (excluding the bid quantity treated as not bid under that paragraph of a purchaser who did not pay the purchase price), and next determine as highest bidders those who did not become highest bidders under the second sentence of paragraph (1). In this case, the second sentence of that paragraph and the preceding paragraph apply mutatis mutandis.
When the collection official has determined the highest bidder, etc., the collection official must immediately announce their name and price (in the case of the multiple successful bid system, quantity and unit price; the same applies in the following paragraph) and then announce the close of the bidding or the auction by competitive bidding.
In the case referred to in the preceding paragraph, if the property sold at public auction is real property, etc., the district director must notify the name of the highest bidder, etc., their price, and the date, time and place at which the decision to sell is to be made, to the delinquent taxpayer and those, among the persons listed in the items of Article 96, paragraph (1) (Notice of Public Auction) (hereinafter referred to as "interested persons"), who are known, and also give public notice of these matters.
The provisions of Article 95, paragraph (2) (Method of Public Auction Notice) apply mutatis mutandis to the public notice under the preceding paragraph.
Article 106-2Commission of Examinations
第百六条の二(調査の嘱託)
The district director must commission the prefectural police having jurisdiction over the location of the tax office to conduct the necessary investigation as to whether the highest bidder, etc. for the real property for public auction (if that person is a corporation, its officer; the same applies hereinafter in this paragraph) falls under organized crime group member, etc. However, this does not apply in cases specified by Ministry of Finance Order as those where there are circumstances in which the highest bidder, etc. for the real property for public auction should be found not to fall under organized crime group member, etc.
If the district director finds that there is a person who has had the highest bidder, etc. make a bid, etc. for the real property for public auction on that person's own account, the district director must commission the prefectural police having jurisdiction over the location of the tax office to conduct the necessary investigation as to whether the person who had the bid, etc. made for the real property for public auction (if that person is a corporation, its officer; the same applies hereinafter in this paragraph) falls under organized crime group member, etc. However, this does not apply in cases specified by Ministry of Finance Order as those where there are circumstances in which the person who had the bid, etc. made for the real property for public auction should be found not to fall under organized crime group member, etc.
Article 107Second Public Auction
第百七条(再公売)
The district director is to put property up for public auction again where, even though it was put up for public auction, there is no bidder, etc., where the price of the bids, etc. does not reach the estimated value, or where, in a case in which no next highest bidder has been determined, the decision to sell has been revoked under paragraph (2) or (5) of the following Article or Article 115, paragraph (4) (Payment Deadline for the Purchase Price, etc.).
When putting property up for public auction under the preceding paragraph, if the district director finds it necessary, the district director may change the estimated value of the public auction property, shorten the period under the main clause of Article 95, paragraph (1) (Public Auction Notice), and make other changes to the conditions of the public auction.
The provisions of Article 96 (Notice of Public Auction) do not apply where the public auction under paragraph (1) is held within 10 days from the immediately preceding public auction date.
In the application of Article 99, paragraph (1), item (i) (Public Notice of the Estimated Value, Etc.) to a case of putting property up for public auction under paragraph (1), the phrase "the day three days before the day of the public auction" in that item is deemed to be replaced with "the day before the day of the public auction".
第一項の規定により公売に付する場合における第九十九条第一項第一号(見積価額の公告等)の規定の適用については、同号中「公売の日から三日前の日」とあるのは、「公売の日の前日」とする。
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
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
collection officialmachine translation
「徴収職員」
The district director of a tax office (税務署長) or any other official engaged in the work of collecting national taxes.
Defined inArticle 2, paragraph (1), item (xi)· applies throughout the law
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)
small vesselmachine translation
「小型船舶」
A small vessel registered under the Act on Registration, etc. of Small-Sized Vessels.
Short name set inArticle 71, 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)
incorporeal property, 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.
Short name set inArticle 72, paragraph (1)
bid, etc.machine translation
「入札等」
An offer to buy property at a public auction (公売), made by tender (入札) or by open bidding (競り売り).
Short name set inArticle 79, paragraph (2), item (iii)
seized property, etc.machine translation
「差押財産等」
Seized property (差押財産) other than money, claims and securities whose underlying claims are collected under Article 57, together with specified real property under participatory seizure (特定参加差押不動産): the property that must be realized (換価) under the rules on realization.
Short name set inArticle 89, paragraph (1)· applies only in this section
public auction propertymachine translation
「公売財産」
Property put up for public auction (公売) under this Act.
Short name set inArticle 95, paragraph (1)
real property for public auctionmachine translation
「公売不動産」
Property put up for public auction (公売財産) that is real property (不動産), on which a person may bid only after declaring that neither they nor anyone having them bid on their behalf is an organized crime group member, etc. (暴力団員等).
Short name set inArticle 99-2, paragraph (1)· applies only in this article and in Article 106-2; and Article 108, paragraph (5)
organized crime group member, etc.machine translation
「暴力団員等」
An organized crime group member as defined in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members, or a person who ceased to be one less than five years ago.
Short name set inArticle 99-2, paragraph (1), item (i)· applies only in this provision and in Article 99-2, paragraph (1), item (ii); Article 106-2; and Article 108, paragraph (5)
bidder, etc.machine translation
「入札者等」
A person who intends to make a bid or other offer to buy (入札等) property put up for public auction (公売財産), and who must first provide a public auction deposit (公売保証金) of at least 10% of its estimated value unless the district director of the tax office (税務署長) waives it.
Short name set inArticle 100, paragraph (1)
guaranteeing bank, etc.machine translation
「保証銀行等」
A bank or other person the district director of the tax office (税務署長) considers suitable, with which a bidder may contract, under Article 100, for it to pay on the director's demand cash equal to the bidder's public auction deposit (公売保証金).
Defined inArticle 100, paragraph (1), item (ii)· applies only in this item and in Article 100, paragraph (4)
highest bidder, etc.machine translation
「最高価申込者等」
The highest bidder (最高価申込者) and the next-ranking bidder (次順位買受申込者) set under Articles 104 to 105.
Short name set inArticle 100, paragraph (6), item (i)
real property, etc.machine translation
「不動産等」
Real property (不動産), ships, aircraft, motor vehicles, construction machinery, small vessels, and incorporeal property, etc. (無体財産権等) other than claims and telephone subscription rights (電話加入権).
Short name set inArticle 104-2, paragraph (1)
highest bid pricemachine translation
「最高入札価額」
In Article 104-2, the price bid by the highest bidder (最高価申込者).
Short name set inArticle 104-2, paragraph (1)· applies only in this article
multiple successful bid systemmachine translation
「複数落札入札制」
A way of selling by tender, at one time, a large quantity of property of the same kind and value: bidders state the quantity and unit price they want, and those bidding a unit price at or above the estimated value become highest bidders (最高価申込者) in order of price until the quantity on sale is used up.
Short name set inArticle 105, paragraph (1)
interested personmachine translation
「利害関係人」
Any of the persons Article 96, paragraph 1 lists: those who have made a request for share distribution (交付要求) on property put up for public auction (公売財産), those holding a pledge, mortgage, statutory lien, right of retention, superficies, lease or other right over it, and the administrative agency, etc. that consented to the realization (換価同意行政機関等).
Short name set inArticle 106, paragraph (2)
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.