第八十九条の四(換価執行決定の取消しをした税務署長による換価の続行)
Where a specified seizure has been released, and the seizure takes effect pursuant to the provisions of Article 87, paragraph (1) (Effect of Participatory Seizure) for the participatory seizure relating to the revocation of the realization execution decision under the provisions of paragraph (1) of the preceding Article (limited to the part relating to item (ii)) (except in the following cases), the district director who revoked that realization execution decision may regard the realization procedure carried out on the basis of that realization execution decision as the realization procedure under that seizure, and continue the realization of the real property relating to that seizure (hereinafter referred to as "seized real property" in this Article).
Where compulsory execution or an auction as an exercise of a security interest has commenced for the seized real property;
差押不動産につき強制執行又は担保権の実行としての競売が開始されている場合
Where there is a request for share distribution made earlier than the participatory seizure relating to the revocation of that realization execution decision made by that district director; or
Where there is a right that would be extinguished if the specified real property under participatory seizure had been realized before the specified seizure was released, and that is not extinguished upon realization of the seized real property.
Article 90Restrictions on Realization
第九十条(換価の制限)
Fruits may not be realized until after they have matured, nor silkworms until after they have become cocoons.
果実は成熟した後、蚕は繭となつた後でなければ、換価をすることができない。
The provisions of the preceding paragraph apply mutatis mutandis to work in process in a production process (including cultivated products and other things similar to them) whose value is extremely low and which is unsuitable for ordinary transactions unless it becomes a finished product or reaches a certain stage of production.
前項の規定は、生産工程中における仕掛品(栽培品その他これらに類するものを含む。)で、完成品となり、又は一定の生産過程に達するのでなければ、その価額が著しく低くて通常の取引に適しないものについて準用する。
Where a secondary taxpayer has filed an action concerning the notice under Article 32, paragraph (1) (General Rules for Secondary Tax Liability), the demand under paragraph (2) of that Article, or a delinquent tax collection procedure relating to the national tax concerned, the property may not be realized through a delinquent tax collection procedure for that national tax while the lawsuit is pending. The same applies where a guarantor has filed an action concerning the notice under Article 52, paragraph (2) of the Act on General Rules for National Taxes (Disposition of the Collateral and Enforcement of Guarantee), the demand under paragraph (3) of that Article, or a delinquent tax collection procedure relating to the national tax concerned, or where an action has been filed concerning a seizure relating to the notice under Article 55, item (ii) of this Act (Notice of Seizure to Right Holders of Provisional Registration) (limited to one relating to a provisional registration for security).
Article 91Possession Before Realization of Motor Vehicles, etc.
第九十一条(自動車等の換価前の占有)
The realization of a motor vehicle, construction machinery, or small vessel is to be carried out after a collection official has taken possession of it pursuant to the provisions of Article 71, paragraph (3) (Possession of Seized Motor Vehicles, etc.); provided, however, that this does not apply where it is found that there is no obstacle to realization.
Article 92Restrictions on Purchasers
第九十二条(買受人の制限)
A delinquent taxpayer may not purchase, whether directly or indirectly, their own property that is the object of realization (excluding property transferred as security to which the provisions of Article 24, paragraph (3) (Execution against Property Transferred as Security) apply). The same applies to officials belonging to the National Tax Agency, a Regional Taxation Bureau, a tax office, or a customs office who are engaged in affairs relating to national taxes, with respect to property that is the object of realization.
Article 93Dispositions such as Repair
第九十三条(修理等の処分)
When the district director realizes seized property, etc., if the director finds it necessary, the director may, with the consent of the delinquent taxpayer, carry out repairs or other dispositions to increase the value of that property.
Subsection 2 Public Auction
第二款 公売
第九十四条(公売)
When the district director realizes seized property, etc., the district director must put it up for public auction.
税務署長は、差押財産等を換価するときは、これを公売に付さなければならない。
A public auction must be conducted by the method of bidding or competitive sale.
公売は、入札又は競り売りの方法により行わなければならない。
Article 95Public Auction Notice
第九十五条(公売公告)
When the district director puts seized property, etc. up for public auction, the district director must give public notice of the following matters at least 10 days before the date of the public auction; provided, however, that if the district director finds that the property put up for public auction (hereinafter referred to as "public auction property") would require unreasonable preservation costs or is likely to suffer a significant decrease in value, the district director may shorten this period.
税務署長は、差押財産等を公売に付するときは、公売の日の少なくとも十日前までに、次に掲げる事項を公告しなければならない。ただし、公売に付する財産(以下「公売財産」という。)が不相応の保存費を要し、又はその価額を著しく減少するおそれがあると認めるときは、この期間を短縮することができる。
the name, quantity, nature, and location of the public auction property;
公売財産の名称、数量、性質及び所在
the method of the public auction;
公売の方法
the date, time, and place of the public auction;
公売の日時及び場所
the date, time, and place of the decision to sell;
売却決定の日時及び場所
if a public auction deposit is to be required to be furnished, the amount thereof;
公売保証金を提供させるときは、その金額
the deadline for payment of the purchase price;
買受代金の納付の期限
if certain qualifications or other requirements are necessary for a purchaser of the public auction property, a statement to that effect;
公売財産の買受人について一定の資格その他の要件を必要とするときは、その旨
a statement that a person who holds a pledge, mortgage, statutory lien, right of retention, or other right over the public auction property entitling the person to receive a distribution from the proceeds of the sale of that property is to report its content by the day before the date of the decision to sell;
公売財産上に質権、抵当権、先取特権、留置権その他その財産の売却代金から配当を受けることができる権利を有する者は、売却決定の日の前日までにその内容を申し出るべき旨
beyond the matters listed in the preceding items, any matter found to be important in relation to the public auction.
前各号に掲げる事項のほか、公売に関し重要と認められる事項
The public notice under the preceding paragraph is to be given by posting it on the bulletin board of the tax office or in another place within the tax office that is easily visible to the public; provided, however, that this does not preclude the concurrent use of other methods, such as posting in another appropriate place, or publication in the Official Gazette or in a daily newspaper carrying matters of current affairs.
前項の公告は、税務署の掲示場その他税務署内の公衆の見やすい場所に掲示して行う。ただし、他の適当な場所に掲示する方法、官報又は時事に関する事項を掲載する日刊新聞紙に掲げる方法その他の方法を併せて用いることを妨げない。
Article 96Notice of Public Auction
第九十六条(公売の通知)
When the district director has given the public notice under the preceding Article, the district director must notify the delinquent taxpayer and those of the following persons who are known of the matters listed in the items of paragraph (1) of that Article (excluding item (viii)) and the amount of the national tax relating to the public auction.
a person who has made a request for share distribution with respect to the public auction property;
公売財産につき交付要求をした者
a person who holds a pledge, mortgage, statutory lien, right of retention, superficies right, right of lease, or other right over the public auction property;
公売財産上に質権、抵当権、先取特権、留置権、地上権、賃借権その他の権利を有する者
When giving the notice under the preceding paragraph, the district director must, at the same time, demand of those persons who are known among the persons entitled to receive a distribution from the proceeds of the sale of the public auction property that they submit, by the day before the day on which the decision to sell that property is made, the written statement of the current amount of claims prescribed in Article 130, paragraph (1) (Method for Confirming Amount of Claims) with respect to the national tax, local tax, or other claims for which they are entitled to receive the distribution.
Article 97Place of Public Auction
第九十七条(公売の場所)
A public auction is to be conducted in the city, town, or village (including special wards) where the public auction property is located; provided, however, that the district director may conduct it at another place if the district director finds it necessary.
公売は、公売財産の所在する市町村(特別区を含む。)において行うものとする。ただし、税務署長が必要と認めるときは、他の場所で行うことができる。
Article 98Determination of the Estimated Value
第九十八条(見積価額の決定)
The district director must determine the estimated value of the public auction property by appropriately taking into account the transaction prices of similar property in the vicinity or of property of the same kind, the profits to be generated from the public auction property, the cost of the public auction property, and other circumstances affecting the formation of the price of the public auction property. In this case, the district director must take into consideration that the determination of the estimated value is for the public auction of seized property, etc.
When determining the estimated value pursuant to the preceding paragraph, the district director may, if the district director finds it necessary, entrust an appraiser with its valuation and refer to the appraised value.
税務署長は、前項の規定により見積価額を決定する場合において、必要と認めるときは、鑑定人にその評価を委託し、その評価額を参考とすることができる。
Article 99Public Notice of the Estimated Value, Etc.
第九十九条(見積価額の公告等)
When the district director puts property listed in the following items among public auction property up for public auction, the district director must give public notice of the estimated value by the day set out in the respective item.
税務署長は、公売財産のうち次の各号に掲げる財産を公売に付するときは、当該各号に掲げる日までに見積価額を公告しなければならない。
Property to be sold at public auction by the method of auction by competitive bidding or by the method prescribed in Article 105, paragraph (1) (Multiple Successful Bid System) (excluding the property listed in the preceding item): the day before the day of the public auction (if the district director finds that a fact falling under the proviso to Article 95, paragraph (1) (Public Auction Notice) exists with regard to the property, the day of the public auction);
Other property for which the district director finds a public notice to be necessary: the day before the day of the public auction.
その他の財産で税務署長が公告を必要と認めるもの 公売の日の前日
When selling at public auction property whose estimated value is not publicly noticed, the district director must place a document stating the estimated value, put in an envelope and sealed, at the place where the public auction is held.
税務署長は、見積価額を公告しない財産を公売するときは、その見積価額を記載した書面を封筒に入れ、封をして、公売をする場所に置かなければならない。
The provisions of Article 95, paragraph (2) apply mutatis mutandis to the public notice under paragraph (1). However, the district director may, only where the public auction property is movable property, substitute for this public notice the affixing to the property of a sheet stating the estimated value.
In the case referred to in paragraph (1), if there is, over the public auction property, a right of lease (limited to one relating to real property or a ship) or a superficies right, the district director must also give public notice of its term of duration, rent or land rent, and other particulars of these rights.
第九十九条の二(暴力団員等に該当しないこと等の陳述)
A person who intends to make a bid, etc. for public auction property (limited to real property; hereinafter referred to as "real property for public auction" in this Article, Article 106-2 (Commission of Examinations) and Article 108, paragraph (5) (Measures to Ensure Proper Conduct of Public Auctions)) (if that person is a corporation, its representative) may not make a bid, etc. unless the person states to the district director, as provided by Ministry of Finance Order, that the person does not fall under any of the following items.
The person who intends to make a bid, etc. for the real property for public auction (if that person is a corporation, its officer) is an organized crime group member (meaning an organized crime group member prescribed in Article 2, item (vi) (Definitions) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991); the same applies hereinafter in this item) or a person for whom five years have not elapsed since the day they ceased to be an organized crime group member (referred to as "organized crime group member, etc." in the following item, Article 106-2 and Article 108, paragraph (5));
A person who intends to have a bid, etc. made for the real property for public auction on their own account (if that person is a corporation, its officer) is an organized crime group member, etc.
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
secondary taxpayermachine translation
「第二次納税義務者」
A person liable under Articles 33 to 41 to pay a taxpayer's national tax as a secondary tax liability (第二次納税義務).
Defined inArticle 2, paragraph (1), item (vii)· applies throughout the law
guarantormachine translation
「保証人」
A person who has guaranteed, under the national tax laws, a taxpayer's payment of a national tax.
Defined inArticle 2, paragraph (1), item (viii)· 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
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)
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)
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)
participatory seizuremachine translation
「参加差押え」
A request for share distribution (交付要求) that the district director of the tax office (税務署長) makes under Article 86, paragraph 1 by handing a participatory seizure document to the administrative agency, etc. that has already seized the delinquent taxpayer's movables, securities, real property, ships, aircraft, motor vehicles, construction machinery, small vessels or telephone subscription right through its delinquent tax collection procedure (滞納処分).
Short name set inArticle 86, paragraph (2)
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
realization execution decisionmachine translation
「換価執行決定」
A decision by the district director of the tax office (税務署長) who made a participatory seizure (参加差押え) of real property to carry out its realization (換価), with the consent of the administrative agency, etc. (行政機関等) that seized it, where that agency has not put it up for realization despite a demand under Article 87, paragraph 3.
Short name set inArticle 89-2, 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)
specified seizuremachine translation
「特定差押え」
In Articles 89-3 and 89-4, the seizure made through its delinquent tax collection procedure (滞納処分) by the administrative agency, etc. that consented to the realization (換価同意行政機関等), other than a seizure a Cabinet Order (政令) excludes.
Short name set inArticle 89-3, paragraph (1), item (ii)· applies only in this provision and in Article 89-4
seized real propertymachine translation
「差押不動産」
In Article 89-4, the real property whose participatory seizure (参加差押え) takes effect as a seizure once the specified seizure (特定差押え) has been lifted and the realization execution decision (換価執行決定) cancelled, and on which the district director of the tax office (税務署長) may continue the realization (換価) already begun.
Short name set inArticle 89-4, paragraph (1)· applies only in this article
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 membermachine translation
「暴力団員」
A member of an organized crime group as defined in Article 2(vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members.
Defined inArticle 99-2, paragraph (1), item (i)· applies only in this item
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)
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.
right of lease
賃借権
The right a lessee (賃借人) has under a lease (賃貸借): to use the leased thing and take what it yields, in return for paying rent (Civil Code, Article 601). The lessee may not transfer it, or sublet the thing, without the lessor's (賃貸人) consent (Article 612, paragraph (1)). A registered lease of land or a building can be asserted against a person who acquires a right in rem (物権) in the property, such as a buyer, and against other third parties (Article 605), and a right of lease can be registered (Real Property Registration Act, Article 3, item (viii)). The Act on Land and Building Leases also protects a tenant who has not registered the lease: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building once the building has been handed over (Article 31).
Written by AI using Civil Code, Arts. 601, 605, 612, Real Property Registration Act, Art. 3 and Act on Land and Building Leases, Arts. 10, 31 as a reference.
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 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.