USAMGIK Ordinance 40

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757230USAMGIK Ordinance 40
HEADQUARTERS
UNITED STATES ARMY FORCES IN KOREA
Office of the Military Governor
Seoul, Korea

ORDINANCE
NUMBER 40


10 January 1946




SALE OF PROPERTY FOR TAX DELINQUENCY


  1. Laws relating to the sale of property for tax delinquency are continue in full force and effect, except as to the classes of property provided for in paragraphs 3 and 4 hereof. The proceeds of such sales will be deposited as provided by existing law. The portion of such proceeds which constitutes national taxes, as determined by the tax official, will be deposited for transmission to the Bank of Chosen, Seoul, for the account of the Military Government of Korea,
  2. In addition to reports of tax sales now required by existing law, the tax official, conducing such sales, will forward by registered mail a special report within ten (10) days after the date of the sale addressed to the Tax Section of the Financial Bureau of the Military Government of Korea, seoul. Where the consent of the Property Custodian is required, a copy of the same report will be sent by registered mail addressed to the property Custodian of the Military Government of Korea, seoul. The following information will be included in the special report :
      a. The Court and Order Number directing the sale.
      b. Name and address of former owner of property.
      c. Description of Property.
      d. Amount of taxes, interest, penalties, cost and fees, and amount of money received in excess thereof.
      e. Dates, amounts location and name of financial institution in which each deposit was made and other disposition of the proceeds.
  3. All property formerly owned by Japanese nationals (natural and juridical persons), became vested in the Military Government of Korea as of 25 September 1945 by Ordinance No. 33. Sales of such property for taxes is prohibited.
  4. The following classes of property will not be sold for taxes, except with the written consent of the Property Custodian :
      a. Property the transfer of which is prohibited by Ordinance No. 2.
      b. Property the ownership of which is unknown
      c. Property requisitioned by the Military Government of Korea,
      d. Abandoned property.
  5. Any person violating the provisions of this Ordinance will, upon conviction by a Military Occupation Court, suffer such punishment as the court shall determine.
  6. This Ordinance becomes effective at 2400, 10 January 1946.
BY DIRECTION OF THE COMMANDING GENERAL
UNITED STATES ARMY FORCES IN KOREA


Archer L. Lerch
Major General, United States Army
Military Governor of Korea.

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