Article 18. In cases where an individual has transferred house used by him as residence, land on which such house stands, or right on such land, and, has acquired, within a period beginning one year prior to the date of such transfer and ending one year after such date, the house used as his residence, land on which such house stands or right on such land, and where the property thus acquired (hereinafter referred to as "acquired residential property" ) constitutes, during a term as prescribed by Ordinance, the house used by him as residence, land on which such house stands or right on such land (excluding the case where the acquired property constitutes, during such a term, a house not used as residence, land on which such a house stands, or right on such land), the acquired residential property shall, for the application of the provision of Article 9 paragraph 1 of the Income Tax Law, be considered, as may be prescribed by Ordinance, to have been transferred only to such extent as the receipt from transfer of property thus transferred (hereinafter referred to as "transferred residential property" ) if it exceeds the acquisition cost of the acquired residential property, or be deemed not to have been transferred if the receipt from transfer of such transferred residential property is not more than the acquisition cost of the acquired residential property.
If the acquired residential property relevant to the transferred residential property subject to the application of the provision of the preceding paragraph is transferred, bequeathed or donated after the time of its acquisition, in computing the capital gain, as provided for in Article 9 paragraph 1 item 8 of the Income Tax Law, from such transfer, bequest or gift, the transferred residential property, its acquisition cost and time of its acquisition shall, as may be prescribed by Ordinance, be deemed respectively to be the acquired residential property, its acquisition cost and time of its acquisition.
In cases where the transferred residential property as provided for in paragraph 1 is transferred, if it is evident that the acquired residential property is acquired for such transferred residential property in a year following the year covering the date of such transfer and that the acquired residential property falls under the provision of the same paragraph, the provisions of the same paragraph shall apply to such acquired residential property after taking "the acquisition cost of acquired property" in the same paragraph was, as may be prescribed by Ordinance, to read "the estimated acquisition cost of acquired residential property which is approved by the Government as prescribed by Ordinance."
In cases where the acquisition cost of the acquired residential property, as provided for in the preceding paragraph, subject to the application of the provision of the same paragraph is excessive over or deficient in the estimated acquisition cost which is approved by the Government in respect of the said acquired residential property subject to the application of the provision of paragraph 1, taken to read as in above in accordance with the preceding paragraph, the individual concerned may file a revised return or request the correction in accordance with the provision of Article 27 of the Income Tax Law.
In the case coming under the case provided for in the preceding paragraph, if the revised return under the provision of the same paragraph has not been filed, the Government shall correct the income amount according to the provisions of Article 46 of the Income Tax Law.
Article 19. In cases where an individual has transferred land used for farming purpose or right on such land relevant to farming and, has acquired within a period beginning one year prior to the date of such transfer and ending one year after such date, land used for farming purpose or right on such land relevant to farming, and where the property thus acquired (hereinafter referred to as "acquired farming property" ) constitutes, within a term as prescribed by Ordinance, land used for farming purpose or right on such land relevant to farming (excluding the case where the acquired property constitutes during such a term land not used for farming purpose or right on such land relevant to farming), the property thus transferred (hereinafter referred to as "transferred farming property" ) shall, for the application of the provision of Article 9 paragraph 1 of the Income Tax Law, be deemed, as may be prescribed by Ordinance, to have been transferred only to such extent as the receipt from transfer of transferred farming property if it exceeds he acquisition cost of the acquired farming property, or be deemed not to have been transferred if the receipt from transfer of such transferred farming property is not more than the acquisition cost of the acquired farming property.
The provision of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case where the computation of the capital gain, as provided for in Article 9 paragraph 1 item (8) of the Income Tax Law, from transfer, bequest or gift is made if the acquired farming property relevant to the transferred farming property subject to the application of the provision of the preceding paragraph is transferred, bequeathed or donated after the time of its acquisition, and the provisions of paragraphs 3 to 5 inclusive shall apply mutatis mutandis to the case where the transferred farming property as provided for in the preceding paragraph is transferred. In this case, "the transferred residential property" and "the acquired residential property" , as used in paragraphs 2 to 4 inclusive of the preceding Article, shall read respectively "the transferred farming property" and "the acquired farming property" .
Article 20. In the case under Article 18 paragraph 1 and paragraph 1 of the preceding Article, if the transfer of the transferred residential property or transferred farming property as provided for in these paragraphs is made in the form of exchange and money and property other than the acquired residential property or acquired farming property are not acquired together with the acquired residential property or acquired farming property in the course of exchange, the provision of these paragraphs shall not apply thereto, and the transferred residential property or transferred farming property shall be deemed not to have been transferred, for the application of the provision of Article 9 paragraph 1 of the Income Tax Law of Article 8 paragraph 2 or Article 9 paragraph 1 of the Assets Revaluation Law.
If the acquired residential property or acquired farming property which is acquired due to exchange of the transferred residential property or transferred farming property subject to the application of the provision of the preceding paragraph is transferred, bequeathed or donated after the time of such exchange, the transferred residential property or, transferred farming property, its acquisition cost and time of its acquisition shall be considered respectively as the acquired residential property or acquired farming property, its acquisition cost and time of its acquisition, in computing the capital gain, as provided for in Article 9 paragraph 1 item 8 of the Income Tax Law, from such transfer, bequest or gift, or in making revaluation in accordance with the provision of Article 8 paragraph 2 or Article 9 paragraph 1 of the Assets Revaluation Law.
Article 21. If during a period beginning from January 1, 1952 and ending on December 31, 1956, an individual acquires a house as prescribed by Ordinance for the purpose of leasing it as a personal residence and uses it for the same purpose, in computing the income as provided for in Article 9 paragraph 1 item 3 of the Income Tax Law, there shall be included in necessary expenses, only within a period of three years beginning on and after the day when such house is used for the said purpose, an amount corresponding to 150/100 of the depreciation charges of such house to be deducted for the said period from the gross receipt in accordance with the provision of the same Law, notwithstanding the provision of Article 10 paragraph 2 of the same Law. The provision of Article 5-(5) paragraph 2 shall apply mutatis mutandis to this case.
If, during a period beginning from April 1, 1952 and ending on December 31, 1956, a corporation acquires a house as prescribed by Ordinance for the purpose of leasing it as personal residence and uses it for the same purpose, the limit amount of depreciation on such house computed in accordance with the provision of the Corporation Tax Law and Ordinances issued thereunder for each accounting period covering each of days included in a period of three years on and after the day when such house is used for the said purpose shall, only within a period of three years beginning on and after the same day, be an amount equal to 150/100 (if there is any deficit of depreciation prescribed in these provisions, there shall be added an amount equal to such deficit) of the depreciation charges of the said house computed in accordance with these provisions (if there is any deficit of depreciation prescribed in these provisions, there shall be deducted an amount equal to such deficit). The provisions of Article 5-(6) paragraphs 2 and 3 shall apply mutatis mutandis to this case.
Article 22. In the cases where the payment in kind under the provisions of the Accessions Tax Law is made with respect to the assets owned by an individual, the income as provided for in Article 9 paragraph 1 item 7 or 8 of the same Law shall be deemed to be zero.
Article 23. In cases where an individual has owned the vessel which is designated to be adjusted in accordance with the provisions of Article 6 of the Law for Special Measures for the Adjustment of Small Type Trawler Fisheries at the time of the designation and also he has owned the vessel concerned at the basic date and if he has, as may be prescribed by Ordinance, sunken the vessel concerned and has received the subsidy in accordance with the provision of Article 9 of the same Law, the provisions of the same Law shall apply by regarding the vessel concerned as the assets provided for in Article 8 paragraph 2 of the Assets Revaluation Law, the sinking of such vessel as the transfer of such vessel and such subsidy as the consideration for such transfer.
The revaluation amount which is deemed to have been made for revaluation of the vessel provided for in the preceding paragraph in accordance with the provision of the main clause of Article 8 paragraph 2 of the Assets Revaluation Law and the limit of revaluation amount as provided for in the proviso to the same paragraph shall, notwithstanding the provision of the same paragraph, be the amount of subsidy under the preceding paragraph for such vessel which is delivered to the individual provided for in the same paragraph.
The provision of the preceding paragraph shall not apply only to the case where the statement that the application of the provision of the preceding paragraph is hoped have been entered in the return under the provision of Article 47 paragraph 1 of the Assets Revaluation Law with respect to revaluation of such vessel as provided for in paragraph 1, subject to the application of the provision of the preceding paragraph.
Article 24. In cases where a capital levy or accessions tax is imposed on an individual, if there is included in the basis for the computation of taxable value of the said taxes the national or local bond or corporate debenture issued in the name of foreign currency bond at the time of such conversion of foreign currency bonds under the provision of Article 2 paragraph 1 of the old Law relating to the Treatment of the Foreign Currency Bonds of which certificates have been revalidated in accordance with the provision of Article 3 paragraph 1 of the Law concerning Revalidation of Certain Categories of Certificates of Foreign Currency Bonds Converted under the old Law relating to the Treatment of the Foreign Currency Bonds and other Incidental Matters, the Government may, as may be prescribed by Ordinance, correct the taxable value and tax amount of capital levy or accessions tax by considering that the individual has not owned any national or local bond or corporate debenture issuded in the name of foreign currency bond concerned which was the basis for the computation of taxable value of capital levy or accessions tax but he has owned the foreign currency bond concerned.
Article 25. With respect to the liquors which are carried out by the manufacturer of liquors (hereinafter referred to as "manufacturer of liquors" in the Article) or by the designated seller (hereinafter referred to as "the designated seller" in this Article), as provided for in Article 27-(2) paragraph 1 of the Liquor Tax Law, from the manufactory or selling place of designated seller (hereinafter referred to as "the designated selling place" in this Article) to the persons other than manufacturer and designated seller (including the liquors which are deemed to have been carried out in accordance with the provision of Article 34-(2) item 3 of the same Law and which actually exist in the manufactory or designated selling place at the time when the manufacturer of liquors has ceased the manufacturing of liquors or the license therefor has been cancelled or the designated seller has ceased the business of selling liquors or the license or designation therefor has been cancelled), and which are used for the promotion of increasing of production and which may be designated by Ordinance (hereinafter referred to as "the liquors for special use" in this Article), the additional liquor tax to be imposed in accordance with the provision of Article 27-(2) paragraph 1 of the same Law, as prescribed by Ordinance, shall not be imposed thereto.
The provision of the preceding paragraph shall not apply to the case where the seller of liquors other than the designated seller has carried out of the manufactory the liquors, which are carried in as the ones for special use, to the persons other than manufacturer of liquors and designated seller, as the ones other than those for special use (including the case where the person has used the liquors for drinking purpose after he carried in as the ones for special use). In this case, "a manufacturer or a seller of liquors as designated by the Government (referred to as" the designated seller of liquors ";hereinafter the same)" as used in Article 27-(2) paragraph 1 of the Liquor Tax Law shall read "seller of liquors other than the seller of liquors designated by the Government (referred to as" the designated seller ";hereinafter the same)" , "liquors carried out of manufactory or selling place...... such liquors as received from the bonded area" shall read "liquors carried out as the liquors other than the ones for special use after they are carried in as those for special use as provided for in Article 25 paragraph 1 of the Special Taxation Measures Law (including liquors which are carried in as the ones for special use by the person and used for drinking purpose by him)" , "the manufacturer or the designated seller of liquors" as used in Article 35-(2) paragraph 1 of the same Law shall read "seller of liquors other than the designated seller" , "manufactory or designated sale place" shall read "selling place" and then the provision of Article 27-(2) paragraph 1 and Article 35-(2) paragraph 1 of the same Law shall apply thereto.
In case the liquors for special use carried out of the manufactory of the manufacturer of liquors or the designated selling place of designated seller are the ones on which the additional liquor tax was imposed or had to be imposed in accordance with the provision of Article 27-(2) paragraph 1 of the Liquor Tax Law, the amount equivalent to theliquor tax imposed or had to be imposed on the said liquors in accordance with the provision of the same paragraph shall, as may be prescribed by Ordinance, be deducted from the liquor tax to be paid by such manufacturer or designated seller in and after the month following the month in which the liquors are carried out. In this case, if there is no liquor tax to be paid in and after the month following the month in which the liquors are carried out or if it is difficult to enjoy such deduction owing to other circumstances, the amount equivalent to liquor tax imposed or had to be imposed on such liquors shall be refunded to the manufacturer or designated seller of liquors.
Article 26. With respect to the gasoline which is, as maybe prescribed by Ordinance, received from manufactory or bonded area by March 31, 1953 for the purpose of using as fuel for aircraft upon the approval of the Government (limited to the one having such standard as prescribed by Ordinance), the gasoline tax shall not be imposed thereto.
The provision of Article 7 paragraph 3 of the Gasoline Tax Law shall apply mutatis mutandis to the gasoline under the preceding paragraph which has not been certified to have been used for the said purpose within the period designated by the Government.