Article 123Bearing of Expenses Accompanying Transfer of Rights
第百二十三条(権利移転に伴う費用の負担)
Expenses for the procedures under the provisions of Article 120, paragraph (2) (Subrogation for Indorsement of Securities, etc.), and the registration and license tax and other expenses for the registration pertaining to the commission under the provisions of Article 121 (Commission of Registration of Transfer of Rights) are to be borne by the purchaser.
Article 124Extinguishment or Assumption of Security Interests
第百二十四条(担保権の消滅又は引受け)
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。
Article 125Commission of Cancellation of Registration of Rights Extinguished upon Realization
第百二十五条(換価に伴い消滅する権利の登記のまつ消の嘱託)
When commissioning the registration of transfer of a right pursuant to the provisions of Article 121 (Commission of Registration of Transfer of Rights), if there is a registration pertaining to a right that is extinguished upon realization, the district director must also commission the relevant authority to cancel it.
税務署長は、第百二十一条(権利移転の登記の嘱託)の規定により権利の移転の登記を嘱託する場合において、換価に伴い消滅する権利に係る登記があるときは、あわせてそのまつ消を関係機関に嘱託しなければならない。
第百二十六条(担保責任等)
The provisions of Article 568 (Warranty in Cases of Auctions) of the Civil Code apply mutatis mutandis to the case of realization of seized property, etc.
Article 127Establishment of Statutory Superficies Right, etc.
第百二十七条(法定地上権等の設定)
If land and a building or standing trees on it (hereinafter in this Article referred to as "buildings, etc.") are owned by a delinquent taxpayer, and the land or the buildings, etc. are seized and, as a result of their realization, they come to have different owners, it is deemed that a superficies right has been established with respect to those buildings, etc.
土地及びその上にある建物又は立木(以下この条において「建物等」という。)が滞納者の所有に属する場合において、その土地又は建物等の差押があり、その換価によりこれらの所有者を異にするに至つたときは、その建物等につき、地上権が設定されたものとみなす。
The provisions of the preceding paragraph apply mutatis mutandis where a superficies right and the buildings, etc. on the land that is the subject of that right belong to a delinquent taxpayer. In this case, the phrase "a superficies right has been established" in that paragraph is deemed to be replaced with "a lease of the land has been made within the duration of the superficies right".
In the cases referred to in the preceding two paragraphs, the duration and the ground rent of the right are to be determined by the court at the request of the parties.
前二項の場合において、その権利の存続期間及び地代は、当事者の請求により裁判所が定める。
Section 4 Distribution of Proceeds of Realization, etc.
第四節 換価代金等の配当
Article 128Money to Be Distributed
第百二十八条(配当すべき金銭)
The district director must distribute the following money as provided for in this Section:
税務署長は、次に掲げる金銭をこの節の定めるところにより配当しなければならない。
proceeds of the sale of seized property or specified real property under participatory seizure (referred to as "seized property, etc." in paragraph (1), item (iii) of the following Article and Article 136 (Scope of Expenses for the Delinquent Tax Collection Procedure));
money received from a third-party debtor, etc. through the seizure of securities, claims, or incorporeal property, etc.;
money that has been seized; and
差し押さえた金銭
money received through a request for share distribution.
交付要求により交付を受けた金銭
If seized property, etc. (meaning the seized property, etc. prescribed in Article 89, paragraph (1); the same applies hereinafter in this paragraph) is put up for public sale or sold by private contract in a lump pursuant to the provisions of Article 89, paragraph (3) (Scope of Property to Be Realized, etc.), and it is necessary to determine the amount of the proceeds of the sale set out in item (i) of the preceding paragraph for each item of seized property, etc., that amount is to be the amount obtained by apportioning the total proceeds of the sale in accordance with the estimated value of each item of seized property, etc. The same applies to the bearing of the expenses for the delinquent tax collection procedure for each item of seized property, etc.
Article 129Principles of Distribution
第百二十九条(配当の原則)
The money set out in paragraph (1), item (i) or (ii) of the preceding Article (hereinafter referred to as "proceeds of realization, etc.") is to be distributed to the following national taxes and other claims:
national tax pertaining to the seizure (in the case of distributing the proceeds of the sale of specified real property under participatory seizure, the national tax pertaining to the specified participatory seizure);
national tax, local tax, and public charges for which a request for share distribution has been received (in the case of distributing the proceeds of the sale of specified real property under participatory seizure, including the national tax, local tax, and public charges pertaining to the seizure);
claims secured by a pledge, mortgage, statutory lien, right of retention, or provisional registration for security pertaining to seized property, etc.; and
claims for damages or claims pertaining to rent that are subject to the application of the second sentence of Article 59, paragraph (1), or Article 59, paragraph (3) or (4) (Protection of Rights of Third Parties, etc. Who Have Received a Delivery Order) (including the case where these provisions are applied mutatis mutandis pursuant to Article 71, paragraph (4) (Seizure of Motor Vehicles, Construction Machinery, or Small Vessels)).
The money set out in paragraph (1), item (iii) or (iv) of the preceding Article is to be applied, respectively, to the national tax relating to the seizure or the request for share distribution.
If there is a remainder of the money distributed pursuant to the provisions of the preceding two paragraphs, the remainder is to be delivered to the delinquent taxpayer.
With respect to the distribution to a claim secured by a provisional registration for security where there is such a provisional registration on the property put up for realization, the provisions of Article 13 (Right to Claim Preferential Payment) of the Act on Contract for Establishment of Security Interests by Use of Provisional Registration (including as applied mutatis mutandis pursuant to Article 20 of that Act (Application Mutatis Mutandis to Contracts Whose Object Is a Right Other Than Ownership of Land, etc.)) apply mutatis mutandis.
換価財産上に担保のための仮登記がある場合における当該仮登記により担保される債権に対する配当については、仮登記担保契約に関する法律第十三条(優先弁済請求権)(同法第二十条(土地等の所有権以外の権利を目的とする契約への準用)において準用する場合を含む。)の規定を準用する。
If the proceeds of realization, etc. are insufficient for the total amount of the national taxes and other claims set out in the items of paragraph (1), the district director must determine the order and amounts of distribution in accordance with the provisions of Chapter II (Coordination between National Tax and Other Claims), Article 59, paragraph (1), second sentence, and paragraphs (3) and (4) (including as applied mutatis mutandis pursuant to Article 71, paragraph (4)), the preceding paragraph, and the Civil Code and other Acts, and make the distribution.
If money distributed to national tax pursuant to the provisions of paragraph (1) or (2) is to be applied to national tax (excluding accessory tax; the same applies hereinafter in this paragraph) and to the delinquent tax or interest tax on it, that money must first be applied to that national tax.
Article 130Method of Confirming the Amount of Claims
第百三十条(債権額の確認方法)
A person who collects the national tax, local tax or public charge set out in paragraph (1), item (ii) of the preceding Article and a person who holds a claim set out in item (iii) or (iv) of that paragraph must submit a written statement of the current amount of claims to the district director by the day before the day of the decision to sell.
The district director is to investigate the written statement of the current amount of claims under the preceding paragraph and confirm the national taxes and other claims set out in the items of paragraph (1) of the preceding Article. In this case, if a person who holds a claim set out in the following items does not submit a written statement of the current amount of claims, the district director is to confirm the amount through the district director's own investigation.
a claim secured by a registered pledge, mortgage or statutory lien, or a claim secured by a provisional registration for security;
登記がされた質権、抵当権若しくは先取特権により担保される債権又は担保のための仮登記により担保される債権
a known claim secured by a pledge or statutory lien that cannot be registered, or by a right of retention; or
登記することができない質権若しくは先取特権又は留置権により担保される債権で知れているもの
a known claim set out in paragraph (1), item (iv) of the preceding Article.
前条第一項第四号に掲げる債権で知れているもの
If a person who holds a claim set out in paragraph (1), item (iii) of the preceding Article, other than the claims set out in items (i) and (ii) of the preceding paragraph, does not submit a written statement of the current amount of claims by the time of the decision to sell, that person cannot receive distribution.
Article 131Statement of Distribution
第百三十一条(配当計算書)
When the district director intends to make a distribution pursuant to the provisions of Article 129 (Principles of Distribution), the district director must prepare, as provided by Cabinet Order, a statement of distribution stating the claims to receive distribution, the amount confirmed by the district director pursuant to the provisions of paragraph (2) of the preceding Article, and other necessary matters, and within three days from the date of payment of the purchase price for the property put up for realization, send a certified copy of it for delivery to the following persons:
a person who has submitted a written statement of the current amount of claims;
債権現在額申立書を提出した者
a person who holds a claim the amount of which was confirmed pursuant to the provisions of the second sentence of paragraph (2) of the preceding Article; and
前条第二項後段の規定により金額を確認した債権を有する者
Article 132Date of Delivery of the Proceeds of Realization, etc.
第百三十二条(換価代金等の交付期日)
When delivering a certified copy of the statement of distribution pursuant to the provisions of the preceding Article, the district director must give notice by appending the date of delivery of the proceeds of realization, etc. to that certified copy.
The date of delivery of the proceeds of realization, etc. under the preceding paragraph must be the day on which seven days have elapsed counting from the day on which the certified copy of the statement of distribution was sent for delivery; however, if none of the persons who hold the claims set out in Article 129, paragraph (1), item (iii) or (iv) (Claims Receiving Distribution) falls under the persons set out in item (i) or (ii) of the preceding Article, that period may be shortened.
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
accessory taxmachine translation
「附帯税」
The national taxes charged in addition to a tax: delinquent tax (延滞税), interest tax (利子税), and the penalty taxes for understatement, failure to file and non-payment, and the heavy penalty tax.
Defined inArticle 2, paragraph (1), item (iv)· 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)
third-party debtor, etc.machine translation
「第三債務者等」
A third-party debtor (第三債務者) or a person in a like position, for property to which Article 62 or 73 applies, other than property whose rights need registration to be transferred.
Short name set inArticle 24, paragraph (5), item (ii)
seized propertymachine translation
「差押財産」
Property seized under this Act.
Short name set inArticle 52, paragraph (1)
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)
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
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)
specified participatory seizuremachine translation
「特定参加差押え」
A participatory seizure (参加差押え) on which a realization execution decision (換価執行決定) has been made.
Short name set inArticle 89-3, paragraph (1), item (i)
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)
property put up for realizationmachine translation
「換価財産」
Property that has been put up for realization (換価), that is, for sale to turn it into money.
Short name set inArticle 114, paragraph (1)
buildings, etc.machine translation
「建物等」
In Article 127, a building or standing trees (立木) on a piece of land.
Short name set inArticle 127, paragraph (1)· applies only in this article
seized property, etc.machine translation
「差押財産等」
In Article 128, paragraph 1, Article 129, paragraph 1, item 3 and Article 136, any seized property (差押財産) or specified real property under participatory seizure (特定参加差押不動産).
Short name set inArticle 128, paragraph (1), item (i)· applies only in this provision and in Article 129, paragraph (1), item (iii); and Article 136
seized property, etc.machine translation
「差押財産等」
In Article 128, paragraph 2, seized property, etc. as Article 89, paragraph 1 defines it: 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.
Defined inArticle 128, paragraph (2)· applies only in this paragraph
proceeds of realization, etc.machine translation
「換価代金等」
The money listed in Article 128, paragraph 1, items 1 and 2 — the sale proceeds of seized property, etc. (差押財産等), and money received from third-party debtors, etc. (第三債務者等) through the seizure of securities, claims or incorporeal property, etc. (無体財産権等) — which is distributed to the national taxes and other claims Article 129 lists.
Short name set inArticle 129, paragraph (1)
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.
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.
lease
賃貸借
A contract in which one party, the lessor (賃貸人), agrees to let the other use a thing and take what it yields, and the other party, the lessee (賃借人), agrees to pay rent for it and to return it when the contract ends (Civil Code, Article 601). It ends when the thing can no longer be used at all, for example because it has been destroyed (Article 616-2), and where a lease is cancelled the cancellation takes effect only from then on (Article 620). For land held in order to own a building, and for buildings, the Act on Land and Building Leases sets special rules (特別の定め) on how long a lease lasts, how it is renewed and what effect it has, among other things (Article 1).
Written by AI using Civil Code, Arts. 601, 616-2, 620 and Act on Land and Building Leases, Art. 1 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.
superficies
地上権
A right to use another person's land in order to own buildings or other structures, or trees or bamboo, on it (Civil Code, Article 265). It can be entered in the land register (Real Property Registration Act, Article 3, item (ii)). The Act on Land and Building Leases counts a superficies held in order to own a building as a land leasehold right (借地権), just as it counts a lease of land for that purpose (Article 2, item (i)).
Written by AI using Civil Code, Art. 265, Real Property Registration Act, Art. 3 and Act on Land and Building Leases, Art. 2 as a reference.