When the district director finds, within three years after suspending the execution of the delinquent tax collection procedure pursuant to the provisions of the items of paragraph (1) of the preceding Article, that there is no fact falling under the items of that paragraph with regard to the delinquent taxpayer concerned in the suspension, the district director must revoke the suspension of the execution.
When the district director has rescinded a stay of the execution of the delinquent tax collection procedure pursuant to the provisions of the preceding paragraph, the district director must notify the delinquent taxpayer to that effect.
No English for this paragraph yet.
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Section 3 Security for Preservation and Preservative Seizure
第三節 保全担保及び保全差押
Article 158Security for Preservation
第百五十八条(保全担保)
If a taxpayer is delinquent in paying consumption tax, etc. (excluding consumption tax) and it is found that collection of that national tax to be imposed on the taxpayer thereafter cannot be secured, the district director may, as security for that national tax, designate an amount and a time limit and order the taxpayer to provide any of the things listed in the items of Article 50 (Types of Security) of the Act on General Rules for National Taxes.
The amount designated pursuant to the provisions of the preceding paragraph is limited to an amount equivalent to three times the amount of the national tax in question for the month preceding the month in which the provision of security is ordered (or, if that amount is less than the amount of the national tax in question for the month corresponding to the month in which the provision of security is ordered in the preceding year and for the two months following that month, that latter amount).
If the district director has ordered the provision of security for the national tax in question (excluding liquor tax) pursuant to the provisions of paragraph (1) and the taxpayer does not provide the ordered security by the designated time limit, the district director may notify the taxpayer in writing that, in relation to that national tax, a mortgage will be established, up to the amount designated pursuant to the provisions of that paragraph, on the taxpayer's property that can be the subject of a mortgage.
When the notice under the preceding paragraph has been given, the taxpayer who received the notice is deemed to have established the mortgage referred to in that paragraph. In this case, the district director must commission the relevant authority to register the establishment of the mortgage.
In the case referred to in the second sentence of the preceding paragraph (excluding the case provided for in the following paragraph), a document certifying that the document referred to in paragraph (3) has reached the taxpayer referred to in that paragraph must be attached to the document relating to the commission.
In the case referred to in the second sentence of paragraph (4), when making a commission under Article 18 (Method of Application for Registration) of the Real Property Registration Act as applied mutatis mutandis pursuant to Article 16, paragraph (2) (Registration upon Commission) of that Act (including as applied mutatis mutandis under other laws and regulations), information certifying that the document referred to in paragraph (3) has reached the taxpayer referred to in that paragraph must be provided together with the commission information. In this case, notwithstanding the provisions of Article 116, paragraph (1) (Registration upon Commission by Government Agency) of that Act, it is not necessary to obtain the consent of the person obliged to register.
第四項後段の場合において、不動産登記法第十六条第二項(嘱託による登記)(他の法令において準用する場合を含む。)において準用する同法第十八条(登記の申請方法)の規定による嘱託をするときは、その嘱託情報と併せて第三項の書面が同項の納税者に到達したことを証する情報を提供しなければならない。この場合においては、同法第百十六条第一項(官庁の嘱託による登記)の規定にかかわらず、登記義務者の承諾を得ることを要しない。
If security has been provided pursuant to the provisions of paragraph (1) or a mortgage has been established pursuant to the provisions of paragraph (4) (hereinafter referred to as "provision of security, etc."), and a period during which there has been no delinquency in the national tax relating to the order referred to in paragraph (1) has continued for three consecutive months, the district director must release the security.
If the district director finds that provision of security, etc. is no longer necessary owing to a change in the financial resources or other circumstances of the taxpayer who has made the provision of security, etc., the district director may, notwithstanding the provisions of the preceding paragraph, release it immediately.
Article 159Preservative Seizure
第百五十九条(保全差押え)
Changes on (Act No. 12 of 2026)
If a person found to have a tax liability has been subjected to seizure, seizure with a recording order, or retention under the provisions of Chapter XI (Investigation and Disposition of Criminal Tax Cases) of the Act on General Rules for National Taxes, or to seizure under the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) (including an order to provide electronic or magnetic records under the provisions of that Act (limited to an order requiring provision by the method listed in Article 102-2, paragraph (1), item (i), (a) (Order to Provide Electronic or Magnetic Records) of that Act)), an order to provide electronic or magnetic records (limited to an order requiring provision by the method listed in (b) of that item), or arrest, on suspicion of having unlawfully evaded national tax or unlawfully received a refund of national tax, and it is found that collection of the national tax cannot be secured after the determination of the amount of the national tax to be paid in relation to the disposition (meaning determination by filing of a return, correction, or decision, and including notice of tax payment for national withholding tax as provided for in Article 2, item (ii) (Definitions) of the Act on General Rules for National Taxes; the same applies hereinafter in this Article), the district director may, before the determination of the amount of that national tax to be paid, decide the amount, out of the amount of national tax expected to be determined, for which the district director finds it necessary to execute the delinquent tax collection procedure in advance in order to secure its collection (hereinafter referred to in this Article as the "amount for preservative seizure"). In this case, a collection official may immediately seize the property of that person, up to that amount.
納税義務があると認められる者が不正に国税を免れ、又は国税の還付を受けたことの嫌疑に基づき、国税通則法第十一章(犯則事件の調査及び処分)の規定による差押え、記録命令付差押え若しくは領置又は刑事訴訟法(昭和二十三年法律第百三十一号)の規定による押収(同法の規定による電磁的記録提供命令(同法第百二条の二第一項第一号イ(電磁的記録提供命令)に掲げる方法による提供を命ずるものに限る。)を含む。)、電磁的記録提供命令(同号ロに掲げる方法による提供を命ずるものに限る。)若しくは逮捕を受けた場合において、その処分に係る国税の納付すべき額の確定(申告、更正又は決定による確定をいい、国税通則法第二条第二号(定義)に規定する源泉徴収等による国税についての納税の告知を含む。以下この条において同じ。)後においては当該国税の徴収を確保することができないと認められるときは、税務署長は、当該国税の納付すべき額の確定前に、その確定をすると見込まれる国税の金額のうちその徴収を確保するためあらかじめ滞納処分を執行することを要すると認める金額(以下この条において「保全差押金額」という。)を決定することができる。この場合においては、徴収職員は、その金額を限度として、その者の財産を直ちに差し押さえることができる。
When the district director intends to make the decision under the preceding paragraph, the district director must obtain in advance the approval of the regional commissioner under whom the district director serves.
税務署長は、前項の規定による決定をしようとするときは、あらかじめ、その所属する国税局長の承認を受けなければならない。
When deciding the amount for preservative seizure pursuant to the provisions of paragraph (1), the district director must notify the person found to have the tax liability prescribed in that paragraph of that amount for preservative seizure in writing.
If, after the notice under the preceding paragraph has been given, the person found to have the tax liability provides, as security equivalent to the amount for preservative seizure to which the notice relates, any of the things listed in the items of Article 50 (Types of Security) of the Act on General Rules for National Taxes and requests that the seizure not be made, the collection official may not make that seizure.
A collection official must release the seizure under the provisions of paragraph (1) when item (i) or item (ii) applies, and must release the security prescribed in item (iii) when that item applies:
the person subjected to the seizure under the provisions of paragraph (1) has provided the security prescribed in the preceding paragraph and requested release of the seizure;
the amount of the national tax to be paid in relation to the seizure has not been determined by the day on which one year has elapsed from the day on which the notice under paragraph (3) was given; or
the amount of the national tax to be paid in relation to the security provided for the amount for preservative seizure has not been determined by the day on which one year has elapsed from the day on which the notice under paragraph (3) was given.
A collection official may release the seizure or the security if, in relation to a person subjected to the seizure under the provisions of paragraph (1) or a person who has provided the security under paragraph (4) or item (i) of the preceding paragraph, it comes to be found, owing to a change in that person's financial resources or other circumstances, that the seizure or the taking of security is no longer necessary.
If a seizure under the provisions of paragraph (1) has been made or security under paragraph (4) or paragraph (5), item (i) has been provided, and the amount of the national tax to be paid in relation to that seizure or provision of security is then determined, that seizure or provision of security is deemed to have been made for the purpose of collecting that national tax.
Property seized pursuant to the provisions of paragraph (1) may not be realized until after the amount of the national tax to be paid in relation to the seizure has been determined.
In the case referred to in paragraph (1), if it is found that the property to be seized is insufficient, the district director may make a request for share distribution in lieu of seizure. In this case, it must be made clear that the request is a request for share distribution.
第一項の場合において、差し押さえるべき財産に不足があると認められるときは、税務署長は、差押えに代えて交付要求をすることができる。この場合においては、その交付要求であることを明らかにしなければならない。
If there is money seized pursuant to the provisions of paragraph (1) (including money received from a third-party debtor, etc. through the seizure of securities, claims, or incorporeal property, etc.) and the amount of the national tax to be paid in relation to the seizure has not been determined, the district director must deposit it.
If the amount determined as the amount of the national tax to be paid, as referred to in paragraph (1), is less than the amount for preservative seizure and the person subjected to the seizure has suffered damage by the seizure, the State is liable to compensate for that damage. In this case, the amount is the amount of loss that would ordinarily arise from the seizure.
No English for this paragraph yet.
削除
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
consumption tax, etc.machine translation
「消費税等」
Consumption tax, liquor tax, tobacco tax, gasoline tax, local gasoline tax, liquefied petroleum gas tax and petroleum and coal tax.
Defined inArticle 2, paragraph (1), item (iii)· 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
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
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)
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)
provision of security, etc.machine translation
「担保の提供等」
The provision of security that the district director of the tax office (税務署長) orders under Article 158, paragraph 1 from a taxpayer who has fallen behind on consumption tax, etc. (消費税等) other than consumption tax, or the mortgage (抵当権) deemed set up under paragraph 4 of that Article where the security is not provided and the director gives notice.
Short name set inArticle 158, paragraph (7)
amount for preservative seizuremachine translation
「保全差押金額」
Where a person thought liable for a national tax has had property seized or retained, been ordered to provide electronic records, or been arrested, in a criminal tax investigation under Chapter XI of the Act on General Rules for National Taxes or under the Code of Criminal Procedure, on suspicion of evading that tax or wrongly obtaining a refund, and the tax could not be secured once its amount is settled, the amount, out of the tax expected to be settled, that the district director of the tax office (税務署長) decides must be secured beforehand by the delinquent tax collection procedure (滞納処分); a collection official (徴収職員) may at once seize the person's property up to that amount.
Short name set inArticle 159, paragraph (1)· applies only in this article
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.
regional commissioner
国税局長
The head of a regional taxation bureau (国税局), the National Tax Agency's regional office, which oversees the tax offices of its region (Act for Establishment of the Ministry of Finance, Articles 23 and 24). Collection can be taken over from a district director (Act on General Rules for National Taxes, Article 43, paragraph (3)), and a person who objects to what a regional commissioner has decided can ask the commissioner 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)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 23, 24 and Act on General Rules for National Taxes, Arts. 43, 75 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.