Law for Partial Amendments to the Special Taxation Measures Law
法令番号: 法律第303号
公布年月日: 昭和26年12月8日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to the Special Taxation Measures Law.
Signed:HIROHITO, Seal of the Emperor
This eighth day of the twelfth month of the twenty-sixth year of Showa (December 8, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.303
Law for Partial Amendments to the Special Taxation Measures Law
The Special Taxation Measures Law (Law No.15 of 1946) shall be partially amended as follows:
In Article 3 paragraph 1, "the provision of Article 17 or Article 18 of the Income Tax Law...... or the dividend income arising from the distribution of income from securities investment trust" shall be amended as "the provision of Article 17, Article 18 of the Income Tax Law or Article 19 paragraph 1 of the Temporary Exceptions to the Income Tax Law...... or dividend" ;and in paragraph 2 of the same Article, "the dividend of interest" shall be amended as "the dividend of interest or profit, the distribution of surplus" .
In Article 5 paragraph 1, "or retirement income" and "or item (6)" shall be deleted;and in paragraph 2 of the same Article, "or retirement income" shall be deleted.
In Article 5-(2) paragraph 1 and Article 5-(3) paragraph 1, "or retirement income" and "or item (6)" shall be deleted.
In Article 5-(4) paragraph 2, "(in respect to the retirement income, the amount of retirement income minus the amount equivalent to 15% of such income)" shall be amended as "(with respect to the retirement income to be paid during such term of 1950 as provided for in the same paragraph, the amount obtained by deducting from the amount of retirement income an amount corresponding to 15% of such income, and with respect to retirement income to be paid in 1951, the amount obtained by deducting from the amount of retirement income an amount corresponding to 30% of such income)" ;and in paragraph 3 of the same Article, "shall apply mutatis mutandis...... the preceding paragraph." shall be amended as "shall apply mutatis mutandis...... the preceding paragraph. In this case, 'the earned income'as stated in the same paragraph shall read'the earned income or retirement income'" .
In Article 5-(5) paragraph 1, "return on blue form under the provision of Article 26-(4) paragraph 1 of the Income Tax Law" shall be amended as "blue return (meaning blue return as provided for in Article 26-(3) paragraph 1 of the Income Tax Law;hereinafter the same in Article 5-(7))" , and "in this Article" shall be deleted;and paragraph 2 to paragraph 4 inclusive of the same Article shall be amended as follows:
The provision of the preceding paragraph shall not apply to the case where no entry of calculation for the amount to be allowed as necessary expense in accordance with the provision of the same paragraph is made in a return under provisions of Article 21, 22, 26, 26-(2), or 29 of the Income Tax Law.
Article 5-(6) shall be made Article 5-(9);Article 5-(7) shall be made Article 5-(10);Article 5-(8) shall be made Article 5-(11);and the following three Articles shall be added next to Article 5-(5):
Article 5-(6).　If a corporation filing its return on blue form (meaning blue return as provided for in Article 25 paragraph 1 of the Corporation Tax Law;hereinafter the same in this Article and Article 5-(8)) has acquired such machines and other equipments as have not been used for the business after the production thereof or has produced machines and others and has used them for the business since the opening day of accounting periods closing on or after April 1, 1951, the limit of depreciation of such machines and others computed in accordance with the provisions of the Corporation Tax Law and orders issued thereunder for each accounting period covering a day which is within three years from the date on which such machines and others have been put to use shall be an amount corresponding to 150%(if there is a deficit amount of depreciation as provided for in these provisions, the amount obtained by adding thereto an amount corresponding to the said deficit amount of depreciation) of the limit of depreciation (if there is a deficit amount of depreciation as provided for in these provisions, the amount obtained by deducting therefrom an amount corresponding to the said deficit amount of depreciation) computed in accordance with these provisions for not more than three years from such date.
With respect to the application of the provision of the preceding paragraph, a deficit amount of depreciation as prescribed by the Corporation Tax Law and orders issued thereunder shall be such amount, out of the total of deficits which occur in the case where the amounts of depreciation of such machines and others in the accounting periods beginning within three years before the opening date of each accounting period (only those accounting periods for which blue form returns were filed consecutively from the respective accounting period to the accounting period concerned) of a corporation do not reach the limit of depreciation computed in accordance with the provision of the same paragraph (if there is a deficit of depreciation under this paragraph, the amount before the addition of such deficit of depreciation), as has not been deducted as expense from the gross income in computating the incomes in the accounting period in which such deficit of depreciation has occurred through the accounting period immediately preceding the accounting period concerned.
The provisions of paragraph 1 shall not apply in the case where no detailed statement for computation of limit of depreciation as prescribed in Article 18 to Article 21 inclusive of the Corporation Tax Law is attached to a return under the provisions of the same paragraphs.
Article 5-(7).　If an individual filing its blue return has, in order to prepare against any loss which may be caused by the decline of the values of the assets to be inventoried as provided for in Article 10-(3) of the Income Tax Law (hereinafter referred to as "the inventory assets" in this Article), transferred, each year, into the price fluctuation reserve account, an amount not exceeding the amount obtained by adding the excess amount in the case where the total of the book values given to the inventory assets, other than securities, owned by the said individual on December 31 of the year concerned, exceeds the total of the amounts corresponding to 90% of the values of the said assets at the same date, to the excess amount in the case where the total of the book values given to the securities (excluding national bonds) provided, for in Article 2 paragraphs 1 and 2 of the Securities and Exchanges Law, which are the inventory assets owned by the individual at the same date, exceeds the total of the amounts corresponding to 95%, (90%, as for joint stock shares) of the values of the said securities at the same date (average amounts of daily final values in the course of December in the year concerned, which were made public in accordance with the provision of Article 122 paragraph 2 of the Securities and Exchanges Law, as for those listed on a securities exchange)(hereinafter referred to as "the amount of transfer limit" ), the said transfer amount shall be included in the necessary expenses for the purpose of computing the business income of the year when such transfer has been made.
The amount in price fluctuation reserve account, which was included in the necessary expenses in accordance with the provision of the preceding paragraph for the purpose of computing the business income, shall be included in the gross receipts in computing the business income for the next year.
The provision of paragraph 1 shall apply only in the case where there is made a statement in the return under the provision of Article 26 or Article 26-(2) of the Income Tax Law that the amount to be transferred in the business expense in accordance with the provision of the same paragraph is included in the business expense and where the said return is accompanied with the balance sheet stating therein the price fluctuation reserve account and the detailed statement relating to the computation of the amount of transfer limit for the year concerned.
Article 5-(8).　If a corporation filing its blue return has, in order to prepare against any loss which may be caused by the values of the assets to be inventoried as provided for in Article 9-(7) of the Corporation Tax Law (hereinafter referred to as "the inventory assets" in this Article) or the securities provided for in Article 2 paragraphs 1 and 2 of the Securities and Exchanges Law (excluding national bond;hereinafter referred to as "the securities" in this Article), transferred into the price fluctuation reserve account, in each accounting period (excluding the period, covering the day of dissolution or amalgamation, of the corporation which has closed to exist due to dissolution or amalgamation), an amount not exceeding the amount obtained by adding the excess amount in the case where the total of book values given to the inventory assets owned by the said corporation at the closing date of the said accounting period exceeds the total of the amount corresponding to 90% of the values of the said assets at the same date, to the excess amount in the case where the total of book values given to the securities owned by the said corporation at the same date exceeds the total amount corresponding to 95%(90%, as for the joint stock shares) of the values of the said securities at the same date (the average amounts of daily final values of the said securities in the course of one month prior to the same date, as for those listed on a securities exchange), (hereinafter referred to as "the amount of transfer limit" in this Article), the said transfer amount shall be inclused in the business expenses for the purpose of computing the income under the Corporation Tax Law in the accounting period in which such transfer has been made.
The amount in price fluctuation reserve account, which was included in the business expenses in accordance with the provision of the preceding paragraph for the purpose of computing the income under the Corporation Tax Law, shall be included in the income amount, in computing the income under the same Law for the subsequent accounting period.
The provision of paragraph 1 shall apply only in the case where there is made, in the returns under the provisions of Articles 18 to 21 inclusive of the Corporation Tax Law, a statement concerning the inclusion of the amount which has been transferred into the price fluctuation reserve account in the business expenses and where the said returns are accompanied with the detailed statement concerning the computation of the amount of transfer limit for the said accounting period.
The following one paragraph shall be added to Article 9:
With respect to the registration on the acquisition of mortgage in the case of the loaning of fund made in accordance with the provision of Article 2 paragraph 2 item (2) of the Agriculture, Forestry and Fisheries Loans Law to a person who is subject to the limitation to cutting the standing trees of forest in accordance with the provisions of the Forest Law, the amount of registration tax on the registration concerned shall be, notwithstanding the provisions of Registration Tax Law, 0.1% of the amount of claims, only for the registration which is certified, as provided for by Order, that it concerns the loaning of such fund.
In Article 14 paragraph 1, "have been expropriated" shall be amended as "have been expropriated and the compensation money has been granted" , next to "the amount of compensation money" shall be added "concerned" , and "to be granted due to the expropriation of land, etc." shall be deleted;in paragraph 2 of the same Article, "the preceding paragraph" shall be amended as "paragraph 1 and the preceding paragraph" ;and the following two paragraphs shall be added next to paragraph 1 of the same Article:
The provision of the preceding paragraph shall apply mutatis mutandis if, in cases where land adjustment has been executed in accordance with the Special City Planning Law or City Planning Law or where land improvement has been executed in accordance with the Land Improvement Law as to land or right to land owned by an individual at the basic date, he has acquired clearing money as a result of the land exchange disposition or the exchange relating to the land or the right to land. In this case, "the amount of compensation money concerned (if the assets expropriated are those as provided for in Article 10-(6) of the Income Tax Law, the amount of compensation money plus the amount of decrease as provided for in the principal sentence of Article 42 paragraph 4 of the Assets Revaluation Law)" as used in the same paragraph, shall read "the amount of clearing money concerned" .
In the cases under the preceding two paragraphs, if the individual has acquired compensation money or clearing money together with the land or the right to land as a result of the expropriation, land exchange disposition or exchange, only that portion of the land or the right to land subject to the expropriation, land exchange disposition or exchange which corresponds to the amount of compensation money or clearing money concerned shall, as provided for by Order, be considered as having been subjected to expropriation, land exchange disposition or exchange, and these provisions shall apply thereto.
In Article 15 paragraph 1, "have been expropriated" shall be amended as "have been expropriated and the compensation money has been granted" ;in paragraph 3 of the same Article, "paragraph 2" shall be amended as "paragraph 4" and "item 1 of the preceding paragraph" shall be amended as "paragraph 2 item 1 and the preceding paragraph" ;and the following two paragraphs shall be added next to paragraph 2 of the same Article:
The provisions of the preceding two paragraphs shall apply mutatis mutandis to the case where the clearing money has been acquired due to the causes provided for in paragraph 2 of the preceding Article as to the land or the right to land owned by a corporation at the basic date. In this case, "the day of expropriation" , as used in paragraph 1, shall read "the day when the land exchange disposition or exchange has been made" , and "the amount of compensation money to be granted to the corporation on account of the expropriation of the land, etc." , as used in paragraph 2 item 1, shall read "the amount of clearing money which is acquired due to such a land exchange disposition or exchange" .
In the cases under paragraph 1 and the preceding paragraph, if the corporation has acquired compensation money or clearing money together with the land or the right to land as a result of the expropriation, land exchange disposition or exchange, only that portion of the land or the right to land subjected to the expropriation, land exchange disposition or exchange which corresponds to the amount of compensation money or clearing money concerned shall, as provided for by Order, be deemed to have been subjected to expropriation, land exchange disposition or exchange, and these provisions shall apply thereto.
The following three Articles shall be added next to the same Article:
Article 16.　In cases where land expropriation has been made in accordance with the Land Improvement Law as to land or right to land owned by an individual or where a land exchange disposition or exchange has taken place as to the land or right to the land concerned, as a result that a land adjustment has been executed in accordance with the Special City Planning Law or the City Planning Law, or a land improvement has been executed in accordance with the Land Improvement Law, if other land or right to land has been acquired in exchange for the land or right to land concerned (including the case where land or right to land has been acquired together with the in compensation money or clearing money), the land or right to the land concerned, excluding that subjected to application of the provision of Article 14 paragraph 1 or paragraph 2, shall be deemed not to have been transferred, for the application of the provision of Article 9 paragraph 1 of the Income Tax Law or Article 9 paragraph 1 of the Assets Revaluation Law.
In cases where the land or right to land acquired as a result of the expropriation, land exchange disposition or the exchange as to the land or right to land subjected to application of the provision of the preceding paragraph has been transferred, succeeded to, bequeathed or gifted after the said expropriation, disposition or exchange, if the amount of income is computed in accordance with the provision of Article 9 paragraph 1 of the Income Tax Law or revaluation is made in accordance with the provision of Article 9 paragraph 1 of the Assets Revaluation Law, as a result of such transfer, succession, bequest, or gifting, the former land or right to land subjected to such expropriation, land exchange disposition or exchange, and the price and time of the acquisition thereof shall respectively be deemed to be the land or right to the land acquired by such expropriation, land exchange disposition or exchange, and the price and time of acquisition thereof.
Article 17.　With respect to the gift or bequest to the State or the local public body, the provision of Article 5-(2) paragraph 1 of the Income Tax Law and Article 8 paragraph 2 and Article 9 paragraph 1 of the Assets Revaluation Law shall not apply thereto.
Article 18.　The provision of Article 19 paragraphs 1 and 2 of the Law for Temporary Exceptions to the Income Tax Law shall not apply to the income from the dividend of profit or the distribution of surplus paid for stocks or investments which are involved in the trust property of securities investment trust accepted by the trust company (including banks engaged in trust business;hereinafter the same).
In cases where the trust company, showing that such stocks or investments are involved in the trust property of securities investment trust accepted by the company, has recorded its name, location of principal business office and other matters as provided for by Order, in the books prepared by a person paying dividends of profit or distributions of surplus, the provision of the preceding paragraph shall apply only to the income from the dividends of profit or the distributions of surplus to be paid on account of the shares of stocks or investments concerned during the term for which the record is effective.
Supplementary Provisions:
1　This Law shall come into force as from the day of its promulgation.
2　The provision of Article 5-(4) paragraph 2 of the Special Taxation Measures Law after amendments (hereinafter referred to as the "Law" , shall apply to the retirement income to be paid after the enforcement of this Law.
3　The provision of Article 5-(6) of the Law shall apply as from the time of collecting the corporation tax of a corporation for the accounting period ending on or after April 1, 1951.
4　The provisions of Article 5-(7) of the Law shall apply as from the time of collecting the income tax for the calendar year 1952; provided that, in cases where the provision of paragraph 1 of the same Article applies for the purpose of computing the income for the calendar year 1952, "90%" and "95%" , as used in the same paragraph, shall read "95%" and "97.5%" respectively.
5　The provisions of Article 5-(8) of the Law shall apply as from the time of collecting the corporation tax of a corporation for the accounting period which is subjected to the application of Article 16 paragraph 1 item 1 of the Corporation Tax Law (Law No.28 of 1947) after amendments by the Law for Partial Amendments to the Corporation Tax Law (Law No.274 of 1951); provided that, in cases where the provision of Article 5-(8) paragraph 1 of the Law applies to the accounting period ending within six months after a day on or after which the accounting period subjected to the application of the provision of the same item ends, "90%" and "95%" as used in the same item shall read "97.5%" and "99%" respectively, and in cases where the provision of the same paragraph applies to the accounting period ending within six months after a day which comes after the expiration of six months after such a day, "90%" and "95%" as used in the same paragraph shall read "95%" and "97.5%" respectively, and in cases where the provision of the same paragraph applies to the accounting period ending within six months after a day which comes after the expiration of one year after such a day, "90%" and "95%" as used in the same paragraph shall read "92.5%" and "96%" respectively.
6　The provisions of Article 14 paragraph 2 and paragraph 3, Article 15 paragraph 3 and paragraph 4 and Article 16 of the Law shall apply in cases where there has been a expropriation, land exchange disposition or exchange on and after January 1, 1951, and the provision of Article 17 of the Law shall apply in cases where there has been a bequest or gifting on and after the same date.
7　In cases where a corporation has made revaluation in accordance with the provision of Article 15 paragraph 3 of the Law in respect of land, or right to land subjected to land exchange disposition or exchanged during the period from January 1, 1951 to the closing day of the accounting period which has ended before the enforcement of this Law in accordance with the provisions of the Special City Planning Law, the City Planning Law or the Land Improvement Law, the due date for filing a return in accordance with the provision of Article 45-(2) paragraph 1 of the Assets Revaluation Law shall be within two months after the enforcement day of this Law, regardless of the provision of Article 15 paragraph 2 item (4) of the Law which applies mutatis mutandis in paragraph 3 of the same Article.
8　For the time being, "land improvement has been executed in accordance with the Land Improvement Law" as used in Article 14 paragraph 2 and Article 16 paragraph 1 of the Law shall read "land improvement has been executed in accordance with the Law Improvement Law or land adjustment has been executed in accordance with the old Arable Land Readjustment Law which is still effective in virtue of the provision of Article 2 paragraph 1 of the Land Improvement Law Enforcement Law" , and "the Land Improvement Law" as used in the preceding paragraph shall read "the Land Improvement Law or the old Arable Land Readjustment Law which is still effective in virtue of the provision of Article 2 paragraph 1 of the Land Improvement Law Enforcement Law" .
9　The Corporation Tax Law shall partially be amended as follows:
In Article 19 paragraph 2, "the amount obtained by multiplying the determined amount of corporation tax of the amalgamated corporation by 6 (or if the amalgamation has been made within six months after the opening day of the accounting period of the amalgamating corporation concerned, the number of months left in the period of six months after the amalgamation) and then dividing it by the number of months in accounting period which is basis for the computation of the determined amount of corporation tax of the amalgamated corporation" shall be amended as "the following amount" ;and the following items shall be added as items 1 and 2 to the same paragraph:
1.　In cases where the amalgamation has been made in the course of previous accounting period of the amalgamating corporation, the amount obtained by multiplying the determined amount of corporation tax of the amalgamated corporation by a figure that is obtained by multiplying by 6 the proportion which the number of months for the period from the opening day of the previous accounting period to the day of amalgamation bears to the number of months in the previous accounting period, and then dividing it by the number of months in the accounting period which is the basis for the computation of the determined amount of corporation tax;
2.　In cases where the amalgamation has been made within six months after the opening day of the accounting period of the amalgamating corporation concerned, the amount obtained by multiplying the determined amount of corporation tax of the amalgamated corporation by the number of months left in the period of six months after the amalgamation and then dividing it by the number of months in the accounting period which is the basis for the computation of the determined amount of corporation tax.
Minister of Finance　IKEDA Hayato
Prime Minister　YOSHIDA Shigeru