Law for Partial Amendments to the Law for Reconstruction and Rehabilitation of Agricultural Associations, Forestry Associations and Fishermen's Associations
法令番号: 法律第272号
公布年月日: 昭和26年11月29日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Law for Reconstruction and Rehabilitation of Agricultural Associations, Forestry Associations and Fishermen's Associations.
Signed:HIROHITO, Seal of the Emperor
This twenty-ninth day of the eleventh month of the twenty-sixth year of Showa (November 29, 1951)
Prime Minister YOSHIDA Shigeru
Law No.272
Law for Partial Amendments to the Law for Reconstruction and Rehabilitation of Agricultural Associations, Forestry Associations and Fishermen's Associations
The Law for Reconstruction and Rehabilitation of Agricultural Associations, Forestry Associations and Fishermen's Associations (Law No.140 of 1951) shall be partially amended as follows:
In Article 11, "each year" shall be amended as "each fiscal year" , and the following one paragraph shall be added to the same Article:
2 As for the encouragement loan for increasing capital, out of the encouragement loans which shall be delivered in every fiscal year in accordance with the provision of the preceding paragraph, it may be loaned partially in sum in the next fiscal year.
In Article 12 item (2), "or Article 18 paragraph 1 (including the case where the same applies mutatis mutandis in paragraph 3 of the same Article)" shall be added next to "Article 3" and in item (3), "or Article 18 paragraph 4" shall be added next to "Article 9 paragraph 1" .
Article 18 paragraph 2 shall be made paragraph 5, and in paragraph 1 of the same Article, "by the end of the business year during which the day of expiry of five years from the designated day falls" shall be amended as "in the period under paragraph 2" , and the same paragraph shall be made paragraph 4, and the following three paragraphs shall be added to the same Article as paragraph 1, paragraph 2 and paragraph 3:
In case an agricultural, forestry or fishermen's association making reconstruction and rehabilitation in accordance with the provision of Article 3 paragraph 1 has dissolved as a result of amalgamation, if the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation intends to make reconstruction and rehabilitation such association shall draw up a reconstruction and rehabilitation plan on the basis of the balance sheet to be made as of the day on which the registration of such amalgamation was made. In this case, the provision of Article 3 paragraph 3 shall apply mutatis mutandis.
2 The reconstruction and rehabilitation under the provision of the preceding paragraph shall be made so as to accomplish the purposes prescribed in Article 4 by the end of the business year during which the day of expiry of five years from the designated day falls.
3 In case the agricultural, forestry or fishermen's association making reconstruction and rehabilitation in accordance with the provision of paragraph 1 has dissolved again as a result of amalgamation, the provisions of the preceding two paragraphs shall apply mutatis mutandis to the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation.
Article 20 and Article 21 shall be made respectively Article 23 and Article 24, and the following three Articles shall be added next to Article 19:
(Exceptions to the Corporation Tax Law)
Article 20. Those deficits (including such deficits of an agricultural, forestry of fishermen's association dissolved as a result of amalgamation, as are succeeded by the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation as its deficits) of an agricultural, forestry or fishermen's association making reconstruction and rehabilitation in accordance with the provision of Article 3 paragraph 1 (in case the agricultural, forestry or fishermen's association has dissolved as a result of amalgamation on or before the end of the business year including December 31, 1951, the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation and which makes reconstruction and rehabilitation in accordance with the provision of Article 18 paragraph 1;the same in the next Article and Article 22), which occurred in each business year during the period from the first day of the first business year beginning on or after January 1, 1950 to the end of the business year including December 31, 1951 (hereinafter referred to as "base business year" ) shall be included in the deficits in the calculation of the incomes which are specified in Article 9 paragraph 1 of the Corporation Tax Law (Law No.28 of 1947) in the base business year and in each of the business years beginning after the end of the base business year and ending within five years after the end of the business year during which such deficits occurred;provided that this shall be limited to the case where the blue return (meaning the return specified in Article 25 paragraph 1 of the Corporation Tax Law;hereinafter the same) is submitted in the base business year and continually submitted thereafter.
2 The amount of the deficits which may be included in the deficits of each business year in accordance with the provision of the preceding paragraph in the calculation of the incomes specified in Article 9 paragraph 1 of the Corporation Tax Law shall be limited to the amount of such deficits not deducted from the gross profits under the same paragraph in the calculation of the incomes under the same paragraph in each of the business years on and after the business year during which such deficits occurred.
3 In case the deficits which shall be included in the deficits in accordance with the provisions of the preceding two paragraphs in the calculation of the incomes under Article 9 paragraph 1 of the Corporation Tax Law are also those which shall be included in the deficits according to the provision of paragraph 5 of the same Article, the provision of the same paragraph shall not apply to such deficits.
Article 21. In case the business year when an agricultural, forestry or fishermen's association making reconstruction and rehabilitation in accordance with the provision of Article 3 paragraph 1 is to submit its blue return for the first time is the base business year, the written application of the agricultural, forestry or fishermen's association concerned, which is to be submitted in accordance with the provision of Article 25 paragraph 3 of the Corporation Tax Law, may be submitted even after the time limit specified in the same paragraph by December 31, 1951.
2 In case the provision of Article 25 paragraph 6 of the Corporation Tax Law shall apply to an agricultural, forestry or fishermen's association with its base business year ending on December 31, 1951 and which is under the application of the provision of the preceding paragraph, "the end of the business year concerned" in the same paragraph shall read "the day when forty days have elapsed from the end of the base business year" .
Article 22. In case an agricultural, forestry or fishermen's association making reconstruction and rehabilitation in accordance with the provision of Article 3 paragraph 1 has dissolved as a result of amalgamation on or after the first day of the business year following the base business year, if the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation makes reconstruction and rehabilitation in accordance with the provision of Article 18 paragraph 1 (including the case where the same applies mutatis mutandis in paragraph 3 of the same Article), the deficits under Article 20 paragraph 1 of the agricultural, forestry or fishermen's association dissolved as a result of amalgamation and having submitted the blue return in each business year during the period from the base business year to the business year immediately before the business year including the day of dissolution (in case the agricultural, forestry or fishermen's association dissolved as a result of the amalgamation has dissolved without submitting the blue return of the business year just before the business year including the day of dissolution, such business year just before the business year including the day of dissolution shall be excluded) which have been succeeded as the deficits by the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation, shall be included in the deficits in the calculation of the incomes under Article 9 paragraph 1 of the Corporation Tax Law in the first business year beginning after the amalgamation or the business year including the day of amalgamation and in each of the business years beginning after the end of the business year and ending within five years after the end of the business year during which such dificits occurred.
2 The provision of the preceding paragraph shall apply only in case the agricultural, forestry or fishermen's association which comes into existence or which continues to exist in consequence of such amalgamation has submitted the blue return concerned with the business year including the day of dissolution of the agricultural, forestry or fishermen's association dissolved as a result of such amalgamation (the business year including the day of dissolution and the business year just before the said business year, in case the agricultural, forestry or fishermen's association dissolved as a result of such amalgamation has dissolved without submitting the blue return concerned with the business year just before the business year including the day of dissolution).
3 The provisions of the proviso to Article 20 paragraph 1 and paragraph 2 of the same Article shall apply mutatis mutandis to the case of paragraph 1. In this case, "the base business year" in the proviso to paragraph 1 of the same Article shall read "the first business year beginning after the amalgamation or the business year including the day of amalgamation" .
The numbering of paragraph 1 of the Supplementary Provisions shall be deleted, and paragraph 2 of the Supplementary Provisions shall be deleted.
Supplementary Provision:
This Law shall come into force as from the day of its promulgation.
Minister of Finance IKEDA Hayato
Minister of Agriculture and Forestry NEMOTO Ryutaro
Prime Minister YOSHIDA Shigeru