Law for Partial Amendments to the Special Taxation Measures Law, Etc.
法令番号: 法律第61号
公布年月日: 昭和27年3月31日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Special Taxation Measures Law, Etc.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the third month of the twenty-seventh year of Showa (March 31, 1952)
Prime Minister YOSHIDA Shigeru
Law No.61
Law for Partial Amendments to the Special Taxation Measures Law, Etc.
(Partial Amendments to the Special Taxation Measures Law)
Article 1. The Special Taxation Measures Law (Law No.15 of 1946) shall be partially amended as follows:
In Article 1, "capital levy," shall be added next to "net worth tax," and "and stamp duty" shall be amended as ", stamp duty, liquor tax and gasoline tax" .
In Article 3 paragraph 1, "and of other things similar in value to those means and prescribed by Ordinance" shall be added next to "foreign means of payment provided...... the Foreign Exchange and Foreign Trade Control Law" ; "or claim to loan" shall be added next to "the beneficiary certificate...... hereinafter the same)" , "or the income from dividend" shall be amended as ", the income from dividend or the interest on such claim to loan" , and "or Article 41" shall be added next to "Article 18" ;and in paragraph 2 of the same Article, "or beneficiary certificate of securities investment trust" shall be amended as ", beneficiary certificate of securities investment trust or claim to loan" ; "or interest" shall be added next to "profits" , and the following one Article shall be added next to the same Article:
Article 3-(2). The provisions of Article 17, Article 18 and Article 41 of the Income Tax Law shall not apply to the income, as provided for in Article 1 paragraph 2 item 6 of the same Law, which is paid during a period from April 1 to December 31, 1952 to the individual who has no domicile, or is not resident for one year or more, within the enforcement area of the same Law or to the corporation that has neither head office nor principal office within the enforcement area of the Corporation Tax Law, as the compensation for offer of such industrial proprietaryship, rights on technique, manufacturing formula using special technique and others of similar nature (including rights to use these rights) for the use of his or its businesses provided for in Article 5 paragraph 1, which are acquired outside the enforcement area of these laws, and which are those prescribed by Ordinance.
With respect to the application of the provisions of Article 17, Article 18 and Article 41 of the Income Tax Law to the income provided for in Article 1 paragraph 2 item (6) of the same Law, which is paid on and after January 1, 1953 to the individual or corporation provided for in the preceding paragraph as the compensation for offer of his or its industrial proprietary, etc. prescribed by Ordinance, as provided for in the same paragraph, the tax rate of 20% as provided for in these provisions shall be made the tax rate of 10%.
The provision of the preceding paragraph shall apply only to the case where a person who intends to be favoured with the application of the provision of the same paragraph has, upon certification that the above referred industrial proprietary ship and rights on technique, manufacturing formula using special technique and others of similar nature (including rights to use these rights) are used for purposes of the businesses provided for in Article 5 paragraph 1 and are acquired outside the enforcement area of the Income Tax Law, registered the name, nationality, address or title, location of principal office and other matters as prescribed by Ordinance in the books prepared by a person paying the income, in so far as such registration is effective.
In Article 4 paragraph 3, "within the enforcement area of the Income Tax Law" shall be deleted, and "the expenses which are ordinarily necessary for...... the same Law" shall be amended as "the expenses which are designated by the Minister of Finance as the amount ordinarily necessary for...... the Income Tax Law" .
In Article 5 paragraph 1, "(or the amount of receipt minus the deductible amount under the provision of Article 9 paragraph 2, Article 9-(2), Article 11-(3) or Article 11-(4) of the Income Tax Law, if the amount of total income for that year is to be deducted by the amount under these provisions;hereinafter the same)" shall be deleted;and in paragraph 4 item 1 and item 2 of the same Article, "or manufacturing formula using special technique and others of similar nature" shall be added next to "rights on technique" .
In Article 5-(2) paragraph 3, "(if the deduction from the amount of total income for that year is allowed in accordance with the provisions of Article 9 paragraph 2, Article 9-(2), Article 11-(3) or Article 11-(4) of the same Law, the amount of income minus the deductible amount under these provisions)" shall be deleted.
The following one paragraph shall be added to Article 5-(3):
The matters necessary for the application of the provisions of Article 5 paragraph 1, paragraph 1 of the preceding Article and paragraph 1 shall be prescribed by Ordinance.
The following one Article shall be added next to Article 5-(13):
Article 5-(14). In cases where a corporation has the assets released from equipments designated for reparation as provided for in Article 3 item 9 of the Assets Revaluation Law and has newly set up a book value in respect of such assets, if the total amount of the book value thus set up (hereinafter referred to as "new book value" ) is equal to or exceeds the income amount for the accounting period covering the day when the new book value is set up or the total amount of the new book value exceeds the amount corresponding to 30% of the income amount minus such total amount, the due date for payment of the corporation tax amount corresponding to the corporation tax amount, as provided for in Article 26 paragraph 1 or 3 or Article 26-(2) paragraph 1 of the Corporation Tax Law, to be paid by the corporation for the accounting period (if the total amount of the new book value exceeds the amount corresponding to 30% of the income amount minus such total amount of new book value, the corporation tax amount corresponding to the amount obtained by multiplying the corporation tax amount by a ratio which the excessive amount bears to the income amount) shall, as may be prescribed by Ordinance, be, in the case of tax amount corresponding to one-third of such tax amount, the day immediately preceding that when eight months expire after the closing day of the accounting period and, in the case of tax amount corresponding to other one-third of such tax amount, the day immediately preceding that when fourteen months expire after the closing day of the accounting period and, in the case of the remaining tax amount, the day immediately preceding that when twenty months expire after the closing day of the accounting period, notwithstanding the provisions of Article 26 paragraph 1 or 3 Article 26-(2) paragraph 1 and Article 26-(3) of the same Law.
The provision of Article 26-(3) of the Corporation Tax Law shall not apply to the case where the total amount of new book value as provided for in the preceding paragraph, which is related to the corporation entitled to the application of the provision of the same paragraph is equal to or exceeds its income amount for the accounting period as provided for in the same paragraph.
With respect to the application of the provision of Article 26-(3) paragraph 1 of the Corporation Tax Law in the case where the total amount of new book value as provided for in paragraph 1, which is related to the corporation entitled to the application of the, provision of the same paragraph exceeds 30% of the income amount for the accounting period minus the total amount of new book value, as provided for in the same paragraph, the terms "the amount corresponding to one half of the corporation tax amount" , as used in Article 26-(3) paragraph 1 of the Corporation Tax Law, shall be made "the amount corresponding to one half of the corporation tax amount after deducting the tax amount for which the postponement of tax payment is allowed in accordance with the provision of Article 5-(14) paragraph 1 of the Special Taxation Measures Law" .
In cases where the corporation entitled to the application of the provision of paragraph I files in the accounting period following that provided for in the same paragragh the return as provided for in Article 19 paragraph 1 of the Corporation Tax Law in accordance with the provision of the same paragraph, the total of the corporation tax already paid and the corporation tax fixed to be paid for in the previous accounting period as provided for in the same paragraph shall not include the tax amount for which the postponement of tax payment is allowed in accordance with the provision of paragraph 1.
In cases where the corporation entitled to such deferment of date of tax payment in accordance with the provision of paragraph 1 has claimed the refund of corporation tax in accordance with the provision of Article 26-(4) paragraph 4 of the Corporation Tax Law, in each accounting period having the closing day within the period approved for such deferment, the Government may, as prescribed by Ordinance, appropriate the whole or a part of deferred tax amount concerned for the said corporation tax of which such refund was allowed.
In case the corporation entitled to the application of the provision of paragraph 1 has faild to pay in full the corporation tax for which the postponement of tax payment is allowed in accordance with the provision of the same paragraph, by the due date for tax payment, the Government shall urge the said corporation in accordance with the provision of Article 9 of the National Tax Collection Law.
The following two Articles shall be added next to Article 9:
Article 9-(2). With respect to the registration in preservation of ownership of the house prescribed by Ordinance which is newly constructed during the period from April 1, 1952 to December 31 of 1957, for the purpose of using it for residence, the amount of registration tax on such registration made during the said period shall, as may be prescribed by Ordinance, be the amount equal to 0.1% of the value of such house, excluding the cases otherwise provided for by other laws and ordinances, notwithstanding the provisions of the Registration Tax Law. The same provision shall apply to the registration tax on the registration made for preservation of ownership with respect to the increase of floor space of such house in the case where the house has been extended during such period and the house thus extended comes under the one as may be prescribed by Ordinance.
With respect to the registration on acqisition of a mortgage which is established as security for a claim to loan granted as the fund for the acquisition of the house as provided for in the preceding paragraph, the amount of registration tax on such registration shall, as may be prescribed by Ordinance, be the amount corresponding to 0.1% of the amount of claim, excluding the cases otherwise provided for by other laws and ordinances, notwithstanding the provisions of the Registration Tax Law.
Article 9-(3). With respect to the registration on the acquisition of ownership of land or building to be used for the business operated by the corporation in accordance with the provision of Article 6 of the same Law by a corporation which has been established in accordance with the provision of Article 34 of the Civil Code and has been given approval by the National Offenders Prevention and Rehabilitation Commission for the operation of the rehabilitation business in accordance with the provision of Article 5 paragraph 1 of the Law for the Immediate Aid to Offenders, Etc., it shall be exempted from registration tax only in the case where the land or building concerned is, as may be prescribed by Ordinance, certified to be the one which is used for the business operated by the corporation in accordance with the provision of the same Article.
The following one paragraph shall be added to Article 14:
The provisions of paragraph 1 and paragraph 2 shall apply only to the case where the intention to be favoured with the application of the provision of these paragraphs is shown in the return, under the provision of Article 47 paragraph 1 of the Assets Revaluation Law, relating to the revaluation of land, etc. subject to the application of the provisions of these paragraphs.
In Article 16 paragraph 1, "that subject to application of the provision of Article 14 paragraph 1 or paragraph2" shall be amended as "that portion of the former land or right therein subjected to the expropriation, land exchange disposition or exchange concerned which corresponds to the amount of such indemnity or clearing money" ;and in paragraph 2 of the same Article, "transferred, succeeded to, bequeathed or gifted after......... exchange" shall be amended as "transferred, bequeathed (excluding the bequest by a decedent to his successor;hereinafter the same) after......... exchange" , and "such transfer, succession" shall be amended as "such transfer" .
In Article 17, "or bequest to the local public body" shall be amended as "or bequest to the local public body, corporation created in accordance with the provision of Article 34 of the Civil Code or to other corporation engaged in business for the public utilities and prescribed by Ordinance" .
Article 18 shall be amended as follows:
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.
(Partial Amendments to the Liquor Tax Law)
Article 2. The Liquor Tax Law (Law No.35 of 1940) shall be partially amended as follows:
In the former part of Article 27-(2) paragraph 1, ", which are other than those not to be rationed under the Temporary Commodities Demand and Supply Adjustment Law (referred to as" rationed liquors ";hereinafter the same)" shall be deleted;and the latter part shall also be deleted.
Article 34-(2) item 2 shall be amended as follows:
2. Deleted.
In Article 34-12) item 3, "other than the rationed liquors" shall be deleted.
Article 35-(2) paragraph 2 shall be deleted;and in paragraph 3 of the same Article, "the preceding two paragraphs" shall be amended as "the preceding paragraph" .
In Article 36 paragraph 2, "or paragraph 2" shall be deleted.
Article 38 paragraph 4 shall be deleted;and in paragraph 5 of the same Article, "the preceding two paragraphs" shall be amended as "the preceding paragraph" .
In Article 61 paragraph 1 item 1 and Article 64 paragraph 1 item 2, "Article 35-(2) paragraph 1 or paragraph 2" shall be amended as "Article 35-(2) paragraph 1" .
(Partial Amendments to the National Tax Collection Law)
Article 3. The National Tax Collection Law (Law No.21 of 1897) shall be partially amended as follows:
In Article 8, "The same shall apply to the case where, it is judged, from the present situations of the business and other circumstances of taxpayer, that there exist unavoidable causes, when the tax collection was postponed in accordance with the provisions of Article 7 paragraph 1 item 3 to item 5 inclusive or when the execution of disposal of delinquency was suspended in accordance with the provision of Article 12-(2) paragraph 1." shall be added next to "shall be wholly or partially exempted." .
Supplementary Provisions:
1 This Law shall come into force as from April 1, 1952.
2 The provisions of Article 16 to Article 19 inclusive and Article 20 of the Special Taxation Measures Law after amendments shall apply to the assets which are transfered, bequeathed or donated on or after January 1, 1952, the provision of Article 21 paragraph 1 of the same Law shall apply to the income tax for 1952 and thereafter;the provision of paragraph 2 of the same Article shall apply to the corporation tax for accounting period ending on or after January 1, 1952 and accounting periods thereafter;and the provision of Article 22 of the same Law shall apply to the assets which are acquired due to succession, bequest or donation on or after January 1, 1952 and of which accessions tax has been paid in kind.
3 The provision of Article 3-(2) paragraph 1 of the Special Taxation Measures Law after amendments shall not apply to the royalties to be paid under the contract for offering of industrial proprietary, rights on technique, manufacturing formula using special technique and others of similar nature (including the right to use on these rights) subject to the application of the provisions of the same paragraph and the due date of payment of such royalties under the said contract is January 1, 1953 or thereafter.
4 The provision of Article 16 paragraph 2 of the Special Taxation Measures Law after amendments shall not apply to the case where succession or bequest (limited to the bequest of decedent to successor) with respect to the assets provided for in the same paragraph is made within the period from the time of expropriation, land exchange desposition or exchange under the same paragraph to December 31, 1951.
5 The provision of Article 18 of the Special Taxation Measures Law before amendments shall still be effective to the income from dividend of profits or distribution of surplus payable relating to share of stock or investment attached to trust property of security investment trust which is subscribed by trust company (including banks operating trust business concurrently).
6 With respect to the vessel having been used for fishery which is operated by the vessels with screws by using trawling net at the time of the enforcement of such portion of provisions as concerning the trawler fisheries in the Law for Partial Amendments to the Fisheries Law (Law No.309 of 1951) and which became in capable of being used for trawler fisheries in accordance with the provision of Article 66-(2) paragraph 1 of the Fisheries Law (Law No.267 of 1949) due to the enforcement of such portion of provision, if a person has owned such vessel at the said time and also he has still owned it at the basic date provided for in Article 3 of the Assets Revaluation Law (Law No.110 of 1950) and if he has, as may be prescribed by Ordinance, sunken the vessel concerned on or after the enforcement date of such part of provisions and has received such national subsidy, as may be prescribed by Ordinance, the provisions of the same Law shall apply by regarding the vessel concerned as the assets as prescribed in Article 8 paragraph 2 of the Assets Revaluation Law, the sinking of such vessel as transfer of such vessel and such subsidy as the consideration of such transfer. In this case, the revaluation amount of revaluation of the assets concerned which is deemed to have been made 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 the national subsidy concerned.
7 The provisions of latter part of the preceding paragraph shall apply only when there is entered, in the return under the provision of Article 47 paragraph 1 of the Assets Revaluation Law on the revaluation of assets provided for in the preceding paragraph subject to the application of the provision of the same paragraph, that the revaluation is to be subject to the application of the provision of latter part of the preceding paragraph.
8 The rationed liquors, provided for in Article 27-(2) paragraph 1 of the Liquor Tax Law, which are owned by manufacturer or seller of liquors at the time of the enforcement of this Law shall, after the enforcement of this Law, be deemed to be the liquors for special use provided for in Article 25 paragraph 1 of the Special Taxation Measures Law after amendments.
9 The Cabinet Order concerning Restoration, Etc. of United Nations Property (Cabinet Order No.6 of 1951) shall be partially amended as follows:
In Article 32 paragraph 6, "Article 5-(2) paragraph 3" shall be amended as "Article 5-(2) paragraph 2" .
10 The Law for Promotion of Rationalization of Enterprises (Law No.5 of 1952) shall be partially amended as follows:
Article 4 paragraph 3 shall be deleted, paragraph 4 and paragraph 5 of the same Article shall respectively be made paragraph 3 and paragraph 4 of the same Article;in paragraph 6 of the same Article, ";and the provision of paragraph 3 shall apply only when a statement of the fact of succession to the business as prescribed in the said paragraph and the fact of continuance of the research is attached to the tax return under the provision of Article 29 of the Income Tax Law." shall be deleted;and the same paragraph shall be made paragraph 5 of the same Article.
11 The Law for Partial Amendments to the Income Tax Law (Law No.53 of 1952) shall be partially amended as follows:
In paragraph 7 of the Supplementary Provisions, "the Special Taxation Measures Law" shall be amended as "the Special Taxation Measures Law before amendments by the Law for Partial Amendments to the Special Taxation Measures Law (Law No.61 of 1952)" .
Minister of Finance IKEDA Hayato
Prime Minister YOSHIDA Shigeru