Article 34Special Provisions on the Time of Transfers, etc. of Assets Pertaining to Transfers on Deferred Payment Terms in the Case of Discontinuance of Business, Death, etc.
第三十四条(事業の廃止、死亡等の場合の延払条件付譲渡に係る資産の譲渡等の時期の特例)
Where an individual business operator who has been subject to the application of the main clause of Article 16, paragraph (2) of the Act with respect to a transfer on deferred payment terms comes to fall under any of the following cases, then, of the transfers on deferred payment terms made by that individual business operator on or before the day preceding the first day of the taxable period that includes the day on which it came to fall under that case that had been subject to the application of the main clause of that paragraph, the portion pertaining to those installment amounts of that transfer on deferred payment terms whose due date for payment arrives on or after the first day of that taxable period (excluding those already received on or before the day preceding the first day of that taxable period) is, notwithstanding the main clause of that paragraph, deemed to be a transfer, etc. of assets made by that individual business operator in that taxable period:
where that individual business operator has died and there is no heir who has succeeded to the business pertaining to the transfer on deferred payment terms;
当該個人事業者が死亡した場合において、当該延払条件付譲渡に係る事業を承継した相続人がないとき。
where that individual business operator (excluding an individual business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) of the Act) has died and the heir who has succeeded to the business pertaining to that transfer on deferred payment terms is an individual business operator exempted from the obligation to pay consumption tax under the main clause of that paragraph;
where that individual business operator (limited to an individual business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) of the Act) has died and the heir who has succeeded to the business pertaining to that transfer on deferred payment terms is an individual business operator to whom the main clause of that paragraph does not apply;
where that individual business operator has transferred or discontinued the whole of the business pertaining to that transfer on deferred payment terms.
当該個人事業者が当該延払条件付譲渡に係る事業の全部を譲渡し、又は廃止した場合
Read this with the articles around it
transfer on deferred payment termsmachine translation
「延払条件付譲渡」
In Articles 31 to 34, a transfer on deferred payment terms as referred to in Article 16, paragraph (1) of the Consumption Tax Act: a transfer, etc. of assets (資産の譲渡等) by an individual business operator that is a transfer on deferred payment terms of an asset giving rise to timber income (山林所得) or capital gains (譲渡所得) as referred to in Article 132, paragraph (1) of the Income Tax Act.
Short name set inArticle 31, paragraph (1)· applies only in this provision and in Articles 31 to 34