Article 50Inclusion in Deductible Expenses of the Depreciated Amount of Assets Acquired through Exchange
第五十条(交換により取得した資産の圧縮額の損金算入)
In the case where a domestic corporation (excluding a domestic corporation in liquidation; hereinafter the same applies in this Article) has, in each business year, exchanged any of the following Fixed Assets that it had owned for one year or more (including Fixed Assets that the domestic corporation had received from an acquired corporation, splitting corporation, corporation making a capital contribution in kind, or corporation making a distribution in kind (hereinafter referred to as an "acquired corporation, etc." in this paragraph and paragraph (7)) as a result of a qualified merger, qualified company split, qualified capital contribution in kind, or qualified in-kind distribution (hereinafter referred to as a "qualified organizational restructuring" in this paragraph and paragraph (7)) and that had been owned by the acquired corporation, etc. and the domestic corporation for one year or more in total) with the relevant Fixed Assets listed as follows that other persons had owned for one year or more (including Fixed Assets that the other persons had received from an acquired corporation, etc. as a result of qualified organizational restructuring and that had been owned by the acquired corporation, etc. and the other persons for one year or more in total) (such Fixed Assets exclude those deemed to have been acquired for the purpose of exchanging them with other assets), and has used the following assets that it acquired through the exchange (hereinafter referred to as the "acquired assets" in this Article) for the same usage as that of the relevant assets listed as follows that it transferred through the exchange (hereinafter referred to as the "transferred assets" in this Article) immediately prior to the transfer, when the book value of the acquired assets has been reduced, with the reduction accounted for as a loss, within the limit of the amount calculated as specified by Cabinet Order as the amount of gain on the exchange, the amount equivalent to the amount reduced as above is included in deductible expenses, when calculating the amount of income for the business year:
内国法人(清算中のものを除く。以下この条において同じ。)が、各事業年度において、一年以上有していた固定資産(当該内国法人が適格合併、適格分割、適格現物出資又は適格現物分配(以下この項及び第七項において「適格組織再編成」という。)により被合併法人、分割法人、現物出資法人又は現物分配法人(以下この項及び第七項において「被合併法人等」という。)から移転を受けたもので、当該被合併法人等と当該内国法人の有していた期間の合計が一年以上であるものを含む。)で次の各号に掲げるものをそれぞれ他の者が一年以上有していた固定資産(当該他の者が適格組織再編成により被合併法人等から移転を受けたもので、当該被合併法人等と当該他の者の有していた期間の合計が一年以上であるものを含む。)で当該各号に掲げるもの(交換のために取得したと認められるものを除く。)と交換し、その交換により取得した当該各号に掲げる資産(以下この条において「取得資産」という。)をその交換により譲渡した当該各号に掲げる資産(以下この条において「譲渡資産」という。)の譲渡の直前の用途と同一の用途に供した場合において、その取得資産につき、その交換により生じた差益金の額として政令で定めるところにより計算した金額の範囲内でその帳簿価額を損金経理により減額したときは、その減額した金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
land (including superficies and leasehold rights for the purpose of owning buildings or structures, and rights relating to cultivation (including the cultivation of crops deemed to constitute cultivation pursuant to the provisions of Article 43, paragraph (1) of the Cropland Act) on cropland as prescribed in Article 2, paragraph (1) (Definitions) of the Cropland Act (Act No. 229 of 1952) (including cropland as prescribed in Article 2, paragraph (1) of that Act to which that Act applies by deeming the cultivation of crops to constitute cultivation pursuant to the provisions of Article 43, paragraph (1) (Special Provisions on Facilities for Advanced Crop Cultivation) of that Act));
土地(建物又は構築物の所有を目的とする地上権及び賃借権並びに農地法(昭和二十七年法律第二百二十九号)第二条第一項(定義)に規定する農地(同法第四十三条第一項(農作物栽培高度化施設に関する特例)の規定により農作物の栽培を耕作に該当するものとみなして適用する同法第二条第一項に規定する農地を含む。)の上に存する耕作(同法第四十三条第一項の規定により耕作に該当するものとみなされる農作物の栽培を含む。)に関する権利を含む。)
a building (including the facilities and structures attached thereto);
建物(これに附属する設備及び構築物を含む。)
machinery and equipment;
機械及び装置
a vessel; and
船舶
a mining right (this includes a mining lease right, a right of quarrying, or any other right to dig or quarry soil and stone).
鉱業権(租鉱権及び採石権その他土石を採掘し、又は採取する権利を含む。)
The provisions of the preceding paragraph and paragraph (5) do not apply in the case where the difference between the value of the acquired assets and that of the transferred assets at the time of an exchange set forth in these provisions exceeds 20 percent of the larger value of either of these.
The provisions of paragraph (1) apply only in the case where a tax return contains a detailed statement concerning the inclusion in deductible expenses of the amount reduced as prescribed in the paragraph.
Even in the case where a tax return without entries for the matters set forth in the preceding paragraph has been filed, the district director of the tax office may apply the provisions of paragraph (1), when they find any unavoidable grounds for the person's failure to make entries for such matters.
In the case where a domestic corporation transfers, as a result of a qualified company split, qualified capital contribution in kind, or qualified in-kind distribution (hereinafter referred to as a "qualified company split, etc." in this paragraph and the following paragraph), any acquired assets (limited to assets that had been acquired through an exchange as prescribed in paragraph (1) during the period from the beginning of the business year containing the date of the qualified company split, etc. to immediately prior to the qualified company split, etc. and used for the same usage as that of the transferred assets immediately prior to the transfer) to a succeeding corporation in a company split, corporation receiving a capital contribution in kind, or corporation receiving a distribution in kind, when the book value of the acquired assets has been reduced to within the amount equivalent to the calculated amount prescribed in paragraph (1), the amount equivalent to the amount reduced as above is included in deductible expenses, when calculating the amount of income for the business year.
The provisions of the preceding paragraph apply only in the case where the domestic corporation set forth in the paragraph has submitted documents stating the amount equivalent to the reduced amount prescribed in the paragraph and other matters specified by Ministry of Finance Order to the competent district director with jurisdiction over the place for tax payment, within two months on or after the date of the qualified company split, etc.
In the case where an acquiring corporation, succeeding corporation in a company split, corporation receiving a capital contribution in kind, or corporation receiving a distribution in kind has received the transfer of any of the Fixed Assets to which the provisions of paragraph (1) or paragraph (5) had been applied under an acquired corporation, etc. as a result of a qualified organizational restructuring, the acquisition cost of the Fixed Assets and other necessary matters concerning the application of the provisions of the preceding paragraphs are specified by Cabinet Order.