Chapter II-2 Trust Subject to Corporate Taxation
第二章の二 法人課税信託
Article 4-2Application of This Act to Trustees of Trust Subject to Corporate Taxation
第四条の二(法人課税信託の受託者に関するこの法律の適用)
A trustee of a trust subject to corporate taxation is deemed to be a different person for each set of trust assets and liabilities under each trust subject to corporate taxation (meaning the assets and liabilities belonging to the trust property and the profit and expenses attributed to the trust property; hereinafter the same applies in this Chapter) and for its own assets, etc. (meaning assets and liabilities, and profit and expenses, other than the trust assets and liabilities under a trust subject to corporate taxation; the same applies in the following paragraph), and the provisions of this Act (excluding Article 2, item (xxix)-2 (Definitions), the preceding Article, Article 12 (Vesting of Assets and Liabilities in Trust Property and Profit and Expenses to Be Attributed to Trust Property), Chapter VI (Place for Tax Payment) and Part V (Penal Provisions); hereinafter the same applies in this Chapter) apply accordingly.
法人課税信託の受託者は、各法人課税信託の信託資産等(信託財産に属する資産及び負債並びに当該信託財産に帰せられる収益及び費用をいう。以下この章において同じ。)及び固有資産等(法人課税信託の信託資産等以外の資産及び負債並びに収益及び費用をいう。次項において同じ。)ごとに、それぞれ別の者とみなして、この法律(第二条第二十九号の二(定義)、前条及び第十二条(信託財産に属する資産及び負債並びに信託財産に帰せられる収益及び費用の帰属)並びに第六章(納税地)並びに第五編(罰則)を除く。以下この章において同じ。)の規定を適用する。
In the case referred to in the preceding paragraph, the trust assets, etc. under each trust subject to corporate taxation and the trustees' own assets, etc. are attributed to the respective persons who were deemed to be different persons pursuant to the provisions of the paragraph.
Article 4-3Application of This Act to Trust Corporations
第四条の三(受託法人等に関するこの法律の適用)
The provisions of this Act apply to a trust corporation (meaning a corporation that is a trustee of a trust subject to corporate taxation (where the trustee is an individual, the individual who is the trustee) to which the provisions of this Act are applied by deeming that the trust corporation or the individual is to be the person that the trust assets, etc. related to the trust subject to corporate taxation are attributed to pursuant to the provisions of the preceding Article; hereinafter the same applies in this Article) or a trustee of a trust subject to corporate taxation as specified as follows:
in the case where a business office, office or other place equivalent thereto (referred to as a "business office" in the following item), where a trust subject to corporate taxation is entrusted, is located in Japan, a trust corporation under the trust subject to corporate taxation is deemed to be a domestic corporation;
in the case where a business office, where a trust subject to corporate taxation is entrusted, is not located in Japan, a trust corporation under the trust subject to corporate taxation is deemed to be a foreign corporation;
a trust corporation (limited to a trust corporation that is not a company) is deemed to be a company;
受託法人(会社でないものに限る。)は、会社とみなす。
the consolidation of trusts is deemed to be a merger, and a trust corporation under a trust subject to corporate taxation prior to the consolidation of trusts is deemed to be included in an acquired corporation, while a trust corporation under the new trust subject to corporate taxation after the consolidation of trusts is to be included in acquiring corporations;
a split of a trust is to be included in a company split by split-off, and a trust corporation under a trust subject to corporate taxation, which transfers a part of the trust property, as a result of the split of the trust, as trust property under another trust with the same trustees or a new trust, is to be included in a splitting corporation, while a trust corporation under a trust subject to corporate taxation, which receives from another trust with the same trustees the transfer of a part of the trust property, as a result of the split of the trust, is to be included in the succeeding corporations in a company split;
the beneficial rights under a trust subject to corporate taxation are deemed to be shares or capital contributions and the beneficiaries of a trust subject to corporate taxation are to be included in the shareholders, etc. In this case, the shares and capital contributions of a corporation which is a trustee of the trust subject to corporate taxation are deemed not to be the shares or capital contributions of a trust corporation under the trust subject to corporate taxation, and the shareholders, etc. of the corporation which is the trustee are not to be the shareholders, etc. of the trust corporation;
a trust corporation is to have been established on the day when a trust subject to corporate taxation related to the trust corporation became effective (where multiple trust contracts are concluded based on a single agreement, on the day when the first contract was concluded, and where any trust other than a trust subject to corporate taxation has come to fall under the category of a trust subject to corporate taxation, on the day when it came to fall under the category);
in the case where a trust under a trust subject to corporate taxation has been terminated or a beneficiary as prescribed in Article 12, paragraph (1) (Vesting of Assets and Liabilities in Trust Property and Profit and Expenses to Be Attributed to Trust Property) (including a person who is deemed to be a beneficiary as prescribed in Article 12, paragraph (1) pursuant to the provisions of paragraph (2) of the Article; referred to as a "beneficiary, etc." in the following item) has come into existence for a trust subject to corporate taxation (limited to a trust listed in Article 2, item (xxix)-2, (b) (Definition)) (excluding the case where the trust falls under the category of a trust listed in Article 2, item (xxix)-2, (a) or (c)), it is deemed that a trust corporation under those trusts subject to corporate taxation has been dissolved;
法人課税信託について信託の終了があつた場合又は法人課税信託(第二条第二十九号の二ロ(定義)に掲げる信託に限る。)に第十二条第一項(信託財産に属する資産及び負債並びに信託財産に帰せられる収益及び費用の帰属)に規定する受益者(同条第二項の規定により同条第一項に規定する受益者とみなされる者を含む。次号において「受益者等」という。)が存することとなつた場合(第二条第二十九号の二イ又はハに掲げる信託に該当する場合を除く。)には、これらの法人課税信託に係る受託法人の解散があつたものとする。
in the case where the settlor of a trust subject to corporate taxation (excluding a trust listed in Article 2, item (xxix)-2, (b); hereinafter the same applies in this item) has entrusted their own assets, or where a trust, for which a beneficiary, etc. is deemed to hold any of the assets and liabilities included in the trust property pursuant to the provisions of Article 12, paragraph (1), has come to fall under the category of a trust subject to corporate taxation, it is deemed that capital contributions have been made to a trust corporation under those trusts subject to corporate taxation;
法人課税信託(第二条第二十九号の二ロに掲げる信託を除く。以下この号において同じ。)の委託者がその有する資産の信託をした場合又は第十二条第一項の規定により受益者等がその信託財産に属する資産及び負債を有するものとみなされる信託が法人課税信託に該当することとなつた場合には、これらの法人課税信託に係る受託法人に対する出資があつたものとみなす。
the distribution of proceeds from a trust subject to corporate taxation is deemed to be a dividend of surplus independent of a decrease in capital surplus, and the refund of the principal of a trust subject to corporate taxation is deemed to be a dividend of surplus resulting from a decrease in capital surplus; or
法人課税信託の収益の分配は資本剰余金の減少に伴わない剰余金の配当と、法人課税信託の元本の払戻しは資本剰余金の減少に伴う剰余金の配当とみなす。
beyond what is provided for in the preceding items, necessary matters concerning the application of the provisions of this Act to trust corporations or beneficiaries of a trust subject to corporate taxation are specified by Cabinet Order.
Article 4-4Trust Subject to Corporate Taxation with Two or More Trustees
第四条の四(受託者が二以上ある法人課税信託)
In the case where there are two or more trustees of one trust subject to corporate taxation, the provisions of this Act apply by deeming the trust assets and liabilities of each trustee pertaining to the trust subject to corporate taxation to be the trust assets and liabilities of one person.
In the case prescribed in the preceding paragraph, each trustee referred to in that paragraph is to pay the corporation tax pertaining to the trust subject to corporate taxation, with the trustee that presides over the trust affairs of the trust subject to corporate taxation referred to in that paragraph as the taxpayer.