OFFICIAL GAZETTE
OFFICIAL GAZETTE
OFFICIAL GAZETTE
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y<br />
Debentures, Etc. Registration Law, he shall<br />
make the registration and submit the registration<br />
certificate to the competent taxation office,<br />
and while, with respect to the national bonds<br />
registered in Class B national bonds registration<br />
ledger, he shall deposit the certificate of<br />
registered national bonds and submit the receipt<br />
certificate of the deposit.<br />
In case any person has offered as security<br />
any property as enumerated in items 2 to 6 inclusive<br />
of the preceding Article, the chief of<br />
taxation office shall entrust the register or registration<br />
of mortgage to the registry or registration<br />
authority.<br />
A person who intends to make the guarantee<br />
with a guarantor as referred to in item 7 of<br />
the preceding Article shall submit a document<br />
certifying the guarantee by a guarantor to the<br />
competent taxation office.<br />
In Article 12 paragraph 1, "the demand charges<br />
for taxpayment," shall be deleted.<br />
In Article 13, "bailiff (shittatsuri)" shall be<br />
amended as "bailiff (shikkori)".<br />
Article 14 shall be amended as follows:<br />
Article 14. Deleted.<br />
In Article 17, "the demand charges for taxpayment"<br />
shall be deleted; and the following two<br />
Articles shall be added to the same Article:<br />
Article 17-(2). In case the tax collector has released<br />
the attachment of the property, if there<br />
is any public charges or other obligation due<br />
on the property concerned, he shall notify the<br />
competent administrative organization, local<br />
public body or creditor concerned to that effect,<br />
- without delay.<br />
Article 17-(3). A case where the exercise of<br />
delinquency disposal may be postponed in accordance<br />
with the provision of Article 12-(2)<br />
paragraph 1 of the National Tax Collection Law<br />
shall be the case where it is feared that business<br />
of delinquent taxpayer is seriously impeded<br />
if the delinquency disposal is taken and<br />
also the case which comes under the following<br />
cases:<br />
1. Where even if the delinquency disposal is<br />
taken against the delinquent taxpayer immediately,<br />
the collectible money is less than<br />
the national tax and disposal charges of delinquency<br />
to be collected; or where it seems<br />
seriously difficult to exercise the delinquency<br />
disposal at once in view of the conditions of<br />
property which is to be subject to the delinquency<br />
disposal ;<br />
2. Where a delinquent taxpayer seems to have<br />
sincere intention for taxpayment in view of<br />
affairs of the taxpayment in the past;<br />
3. Where a delinquent taxpayer seems to be<br />
able to increase in capacity of payment of na-<br />
81<br />
tional tax and disposal charges or delinquency<br />
within three-year-period in view of business<br />
activities of delinquent taxpayer, conditions<br />
of profits and of borrowing capacity, etc.<br />
The postponement of the delinquency disposal<br />
under the provision of Article 12-(2) paragraph<br />
1 of the National Tax Collection Law shall be<br />
made by way of postponement of the public sale<br />
(including the purchase by the Government and<br />
the sale by way of private contract) of a delinquent<br />
taxpayer's property; provided that, the<br />
attachment may be postponed or released for<br />
the property for which, if the attachment is<br />
made, it is feared that it seriously impedes the<br />
business activity.<br />
Article 19 item 3 shall be amended as follows:<br />
3. Method of public sale (in a case by way<br />
of tender under the provision of Article 25-<br />
(2) paragraph 1, such method of tendering),<br />
place of tender and date thereof.<br />
The following three Article shall be added next<br />
to Article 25:<br />
Article 25-(2). In a case where many properties<br />
in the same kind and with the same value are<br />
put on the public sale by way of plural tenders<br />
at one time, if the tax collector recognizes any<br />
necessity, the tax collector shall make a person<br />
who intends to purchase the properties concerned<br />
tender with respect to the quantity and unit<br />
price the tenderer wants to the extent of the<br />
quantity of the properties concerned, and the<br />
tax collector may determine successful tenders<br />
from the highest unit price tenderer to lower<br />
unit price tenderers in order, not less than the<br />
estimated unit price, to the extent of quantity<br />
of the properties concerned.<br />
In the case under the preceding paragraph,<br />
if the total quantity of successful tendering of<br />
the lowest successful tender and other successful<br />
tenderers exceeds the quantity of the properties<br />
concerned, the quantity in excess shall<br />
be deemed not to have been tendered.<br />
Article 25-(3). In a case where successful tenderers<br />
are determined in accordance with the<br />
provisions of paragraph 1 of the preceding Article,<br />
if there are two or more tenderers who<br />
made the tender at the same price, a tenderer<br />
whose tendering quantity is largest shall be the<br />
successful tenderer with priority and if their<br />
tendering quantities are equal, the successful<br />
tenderer shall be determined by lottery.<br />
Article 25-(4). In a case where the successful<br />
tender was determined in accordance with the<br />
provision of Article 25-(2) paragraph 1, if there<br />
is any successful,tenderer who does not conclude<br />
the selling contract, the quantity deemed not<br />
to have been tendered in accordance with the<br />
provision of paragraph 2 of the same Article