OFFICIAL GAZETTE
OFFICIAL GAZETTE
OFFICIAL GAZETTE
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item 6 of the same paragraph; and the following<br />
three items shall foe added next to item 2 of the<br />
same paragraph:<br />
?>. In case the tax collection was postponed<br />
in accordance with Article 7 paragraph 1 or<br />
in, accordance with Article 9 of Law No. 175<br />
of 1947;<br />
4. In case the delinquency disposal was suspended<br />
in accordance with Article 12 paragraph<br />
1;<br />
5. In case the delinquency disposal was postponed<br />
in accordance with Article 12-(2) paragraph<br />
1.<br />
The following one paragraph shall be added in<br />
the same Article:<br />
The demand under paragraph 1 shall possess<br />
the validity of interruption of prescription regardless<br />
of the provision of Article 153 of the<br />
Civil Code.<br />
In Article 10 item (1), "the demand charges<br />
and" shall be deleted.<br />
Article 12 shall be amended as follows:<br />
Article 12. The Government may, if a delinquent<br />
taxtpayer falls under any of the following items,<br />
suspend the exercise of disposal of delinquency:<br />
1. In case the value of the property to be attached<br />
seems to be less than the total of disposal<br />
charges of delinquency and of the credit<br />
to be collected in preference to the national<br />
tax in accordance with Article 3;<br />
2. In case there remain the national tax and<br />
disposal charges of delinquency to be collected,<br />
even if the whole of the property to be<br />
attached is subject to the disposal of delinquency<br />
;<br />
3. In case it is feared that the livelihood of<br />
a delinquent taxpayer becomes seriously difficult<br />
if the disposal of delinquency is made;<br />
4. In ease a delinquent taxpayer's whereabout<br />
can not be known and his property to be<br />
attached can not be known.<br />
The Government shall, if it has suspended<br />
the exercise of delinquency disposal in accordance<br />
with the preceding Article, notify a delinquenqt<br />
taxpayer to that effect.<br />
The Government shall, in case it has suspended<br />
the exercise of delinquency disposal in<br />
accordance with paragraph 1 item 1 or 3, if<br />
there, exists any property attached with respect<br />
to the national tax and disposal chai'ges of<br />
delinquency for which the exercise of delinquency<br />
disposal has been suspended, release the attachment<br />
concerned.<br />
In case a delinquent taxpayer falls under any<br />
of the following items within a three-year-period<br />
after the suspension of the exercise of delinquency<br />
disposal under paragraph 1, the Goveminent<br />
shall release the suspension of the<br />
exercise. In this case, the Government shall<br />
notify a delinquent taxpayer to that effect:<br />
10<br />
1. In case the exercise of delinquency disposal<br />
has been suspended in accordance with paragraph<br />
1 item 1 and a fact under the same<br />
item has come not to exist, and also there is<br />
no fact under item 3 of the same paragraph;<br />
2. In case the exercise of delinquency disposal<br />
has been suspended in accordance with paragraph<br />
1 item 2 and any property to be attached<br />
has come to exist, and also there are<br />
no facts under items 1 and 3 of the same<br />
paragraph ;<br />
3. In case the exercise of delinquency disposal<br />
ihas been suspended in accordance with paragraph<br />
1 item 3 and a fact under the same<br />
item has come not to exist and also there is<br />
no fact under item 1 of the same paragraph;<br />
4. In, case the exercise of delinquency disposal<br />
has been suspended in accordance with paragraph<br />
1 item 4 and a fact'under the same item<br />
has come not to exist and also there is no fact<br />
under items 1 and 3 of the same paragraph.<br />
The obligation of payment of the national<br />
tax and disposal charges of delinquency for<br />
wihich the jexercise of delinquency disposal has<br />
been suspended shall lapse on the day when a<br />
three-year-period has passed after the susipenpension<br />
of the exercise, unless the suspension<br />
has been released in accordance with the preceding<br />
paragraph.<br />
The suspension of delinquency disposal under<br />
paragraph 1 shall not preclude the advance of<br />
prescription.<br />
Article 12-(2). Except for a case falling under<br />
Article 7 paragraph 1, in case it is feared that<br />
the business of a delinquent taxpayer is seriously<br />
impeded if the delinquency disposal is taken<br />
and also in case it seems more favorable for<br />
purposes of collection of national tax and of<br />
disposal charges of delinquency to suspend the<br />
exercise of the delinquency disposal than to make<br />
the exercise immediately, the Government may<br />
put off the exercise a£ delinquency disposal<br />
against the Whole or a part of national tax and<br />
disposal charges of delinquency by designating<br />
a certain term not exceeding two years.<br />
The Government shall, if it has put off the<br />
exercise of delinquency disposal under the provisions<br />
of the preceding paragraph, notify a<br />
delinquent taxpayer to that effect.<br />
Within a term for which the exercise of delinquency<br />
disposal has been put off in accordance<br />
with paragraph 1, if a deliquent taxpayer falls<br />
under any of the following items, the Government<br />
shall release the putting-off of the exercise.<br />
In this ease the Government shall notify a<br />
r delinquent taxpayer to that effect:<br />
1. In case there occurs a fact under each item<br />
of Article 4-(l) ;