Subsection 1 Tax Base
第一款 課税標準
Article 21Tax Base for Corporation Tax on Income for Each Business Year
第二十一条(各事業年度の所得に対する法人税の課税標準)
The tax base of corporation tax on income for each business year imposed on a domestic corporation is the amount of income for each business year.
Subsection 2 General Rules on Calculation of Amount of Income for Each Business Year
第二款 各事業年度の所得の金額の計算の通則
第二十二条
The amount of income of a domestic corporation for each business year is the amount that remains after deducting the amount of deductible expenses for the business year from the amount of gross profits for the business year.
When calculating the amount of income of a domestic corporation for each business year, the amount to be included in gross profits for the business year is to be the amount of proceeds for the business year arising from the sales of assets, transfer of assets or provision of services for value or without compensation, acceptance of assets without compensation, or other transactions other than capital, etc. transactions, except as otherwise provided.
When calculating the amount of income of a domestic corporation for each business year, the amount to be included in deductible expenses in the business year is to be the amounts listed as follows, except as otherwise provided:
the amount of cost of sales, cost of completed work, and other costs equivalent thereto related to the proceeds for the business year;
当該事業年度の収益に係る売上原価、完成工事原価その他これらに準ずる原価の額
beyond what is listed in the preceding item, the amount of selling expenses, general administrative expenses, and other expenses for the business year (excluding expenses other than the depreciation allowance for which the obligations have not been determined by the final day of the business year); or
the for the business year related to a transaction other than capital, etc. transactions
当該事業年度の損失の額で資本等取引以外の取引に係るもの
The amount of proceeds for the business year prescribed in paragraph (2) and the amounts listed in the items of the preceding paragraph are to be calculated in accordance with an accounting standard that is generally accepted as fair and appropriate, except as otherwise provided.
The capital, etc. transactions prescribed in paragraph (2) or paragraph (3) means transactions causing an increase or decrease to the amount of stated capital, etc. of a corporation, and the distribution of profits or distribution of surplus conducted by a corporation (including the distribution of monies prescribed in Article 115, paragraph (1) (Interim Dividend) of the Act on the Securitization of Assets) and the distribution of residual assets or delivery thereof.
Subsection 3 Calculation of Amount of Gross Profits
第三款 益金の額の計算
Division 1 Amount of Proceeds
第一目 収益の額
第二十二条の二
The amount of proceeds pertaining to the sale or transfer of assets or the provision of services by a domestic corporation (hereinafter referred to as the "sale, etc. of assets" in this Article) is, except as otherwise provided (excluding paragraph (4) of the preceding Article), included in the amount of gross profit, when calculating the amount of income for the business year that includes the day of the delivery of the subject matter or the provision of the services pertaining to the sale, etc. of assets.
In the case where a domestic corporation, in accordance with an accounting standard that is generally accepted as fair and appropriate, has booked the amount of proceeds pertaining to the sale, etc. of assets as proceeds in the final settlement of the accounts for the business year that includes the day on which the contract pertaining to the sale, etc. of assets becomes effective or any other day close to the day prescribed in the preceding paragraph, notwithstanding the provisions of that paragraph, the amount of proceeds pertaining to the sale, etc. of assets is, except as otherwise provided (excluding paragraph (4) of the preceding Article), included in the amount of gross profit, when calculating the amount of income for that business year.
In the case where a domestic corporation has made a sale, etc. of assets (excluding the case where it has booked the amount of proceeds pertaining to the sale, etc. of assets as proceeds, in accordance with an accounting standard that is generally accepted as fair and appropriate, in the final settlement of the accounts for the business year that includes the day prescribed in paragraph (1) or the close day prescribed in the preceding paragraph), when the Final Return for the business year that includes the close day prescribed in that paragraph pertaining to the sale, etc. of assets contains a statement concerning the inclusion in gross profit of the amount of proceeds pertaining to the sale, etc. of assets, the provisions of that paragraph apply by deeming that the amount has been booked as proceeds in the final settlement of the accounts for that business year.
The amount to be included in the amount of gross profit, when calculating the amount of income for that business year pursuant to the provisions of paragraph (1) or (2), as the amount of proceeds pertaining to the sale, etc. of assets of a domestic corporation for each business year is, except as otherwise provided (excluding paragraph (4) of the preceding Article), the value at the time of delivery of the assets sold or transferred, or the amount equivalent to the amount of consideration normally receivable for the services provided.
The value at the time of delivery or the amount of consideration normally receivable referred to in the preceding paragraph is to be the value as it would be if there were no possibility of the occurrence of the facts listed below, even in the case where such facts may occur with regard to the sale, etc. of assets referred to in that paragraph:
Bad debts of monetary claims pertaining to the amount of consideration for the sale, etc. of assets;
当該資産の販売等の対価の額に係る金銭債権の貸倒れ
Repurchase of the assets pertaining to the sale, etc. of assets (limited to the sale or transfer of assets).
当該資産の販売等(資産の販売又は譲渡に限る。)に係る資産の買戻し
In the cases of the preceding paragraphs and paragraph (2) of the preceding Article, the amount of proceeds pertaining to the transfer of assets without compensation is to include the amount of proceeds pertaining to the transfer of assets as a distribution of profits or distribution of surplus by means of assets other than monies and a distribution of residual assets or delivery thereof, or any other act similar thereto.
Beyond what is provided for in the preceding two paragraphs, the treatment in the case where corrective accounting has been made for the amount of proceeds pertaining to the sale, etc. of assets and other necessary matters concerning the application of the provisions of paragraphs (1) through (4) are specified by Cabinet Order.
前二項に定めるもののほか、資産の販売等に係る収益の額につき修正の経理をした場合の処理その他第一項から第四項までの規定の適用に関し必要な事項は、政令で定める。
Division 1-2 Dividend Received
第一目の二 受取配当等
Article 23Exclusion of Dividends Received from Gross Profits
第二十三条(受取配当等の益金不算入)
In the case where a domestic corporation receives any of the following amounts (for the amount listed in item (i), excluding those received from a foreign corporation, a public interest corporation, etc. or an association or foundation without juridical personality and those pertaining to a qualified in-kind distribution; hereinafter referred to as the "amount of dividends, etc." in this Article), the amount of dividends, etc. (for the amount of dividends, etc. pertaining to shares, etc. of a related corporation, the amount that remains after deducting from the amount of dividends, etc. the amount calculated as specified by Cabinet Order as the amount equivalent to the amount of interest pertaining to the amount of dividends, etc.; for the amount of dividends, etc. pertaining to shares, etc. (meaning shares or capital contributions; hereinafter the same applies in this Article) that fall under none of wholly owned subsidiary shares, etc., shares, etc. of a related corporation and shares, etc. held for non-controlling purposes, the amount equivalent to 50 percent of the amount of dividends, etc.; and for the amount of dividends, etc. pertaining to shares, etc. held for non-controlling purposes, the amount equivalent to 20 percent of the amount of dividends, etc.) is excluded from the amount of gross profit, when calculating the amount of income of the domestic corporation for each business year:
内国法人が次に掲げる金額(第一号に掲げる金額にあつては、外国法人若しくは公益法人等又は人格のない社団等から受けるもの及び適格現物分配に係るものを除く。以下この条において「配当等の額」という。)を受けるときは、その配当等の額(関連法人株式等に係る配当等の額にあつては当該配当等の額から当該配当等の額に係る利子の額に相当するものとして政令で定めるところにより計算した金額を控除した金額とし、完全子法人株式等、関連法人株式等及び非支配目的株式等のいずれにも該当しない株式等(株式又は出資をいう。以下この条において同じ。)に係る配当等の額にあつては当該配当等の額の百分の五十に相当する金額とし、非支配目的株式等に係る配当等の額にあつては当該配当等の額の百分の二十に相当する金額とする。)は、その内国法人の各事業年度の所得の金額の計算上、益金の額に算入しない。
the amount of the dividend of surplus (limited to a dividend related to shares, etc. and excluding a dividend resulting from a decrease in capital surplus, a dividend due to company split by split-off, and a share distribution), dividend of profits (excluding a dividend due to company split by split-off and a share distribution), or distribution of surplus (limited to distribution related to capital contributions);
the amount of distribution of monies under Article 137 (Distribution of Monies) of the Act on Investment Trusts and Investment Corporations (excluding a distribution of monies specified by Ministry of Finance Order as a distribution of monies accompanying a decrease in the total amount of contributions, etc. (referred to as a "distribution that reduces contributions" in Article 24, paragraph (1), item (iv) (The Amount Deemed to Be Dividends)));
投資信託及び投資法人に関する法律第百三十七条(金銭の分配)の金銭の分配(出資総額等の減少に伴う金銭の分配として財務省令で定めるもの(第二十四条第一項第四号(配当等の額とみなす金額)において「出資等減少分配」という。)を除く。)の額
the amount of distribution of monies prescribed in Article 115, paragraph (1) (Interim Dividend) of the Act on Securitization of Assets; and
資産の流動化に関する法律第百十五条第一項(中間配当)に規定する金銭の分配の額
In the case where a domestic corporation acquired shares, etc., which are the principal for the amount of dividends, etc. receivable (excluding the amount deemed to be the amount of dividends, etc. that the domestic corporation is to receive pursuant to the provisions of Article 24, paragraph (1); hereinafter the same applies in this paragraph), within one month on or before the base date, etc. pertaining to the amount of dividends, etc. (meaning the day specified in each of the following items for the category of the amount of dividends, etc. listed in the relevant item; hereinafter the same applies in this paragraph) and then transferred the shares, etc. or other shares, etc. of the same issue within two months after the base date, etc., the provisions of the preceding paragraph do not apply to the amount of dividends, etc. of the portion of the transferred shares, etc. that is specified by Cabinet Order.
The amount of a dividend of surplus prescribed in item (i) of the preceding paragraph paid by a stock company for which a base date prescribed in Article 124, paragraph (1) (Record Date) of the Companies Act (hereinafter referred to as the "base date" in this paragraph) is set for determining the persons who are to receive the dividend of surplus: the base date;
株式会社がする前項第一号に規定する剰余金の配当で当該剰余金の配当を受ける者を定めるための会社法第百二十四条第一項(基準日)に規定する基準日(以下この項において「基準日」という。)の定めがあるものの額 当該基準日
The amount of a dividend of surplus, dividend of profits or distribution of surplus prescribed in item (i) of the preceding paragraph, a distribution of monies prescribed in item (ii) of that paragraph, or a distribution of monies prescribed in item (iii) of that paragraph (hereinafter referred to as "dividends, etc." in this item and the following item) made by a corporation other than a stock company, for which a day equivalent to the base date is set for determining the persons who are to receive the dividends, etc.: that day;
The amount of dividends, etc. for which neither a base date nor a day equivalent to a base date is set for determining the persons who are to receive the dividends, etc.: the day on which the dividends, etc. become effective (where the day on which they become effective is not set, the day on which the dividends, etc. are made).
The provisions of paragraph (1) do not apply, in the case where a domestic corporation has acquired (including succession through a qualified merger or qualified company split by split-off) shares, etc. which are the principal for the amount of dividends, etc. it receives (limited to the amount deemed to be the amount of dividends, etc. that the domestic corporation receives pursuant to the provisions of Article 24, paragraph (1) (limited to the part pertaining to item (v)); hereinafter the same applies in this paragraph) and for which the occurrence of the event listed in that item that gives rise to the amount of dividends, etc. is scheduled, to the amount of dividends, etc. pertaining to the shares, etc. so acquired (limited to the amount specified by Cabinet Order as arising from the scheduled event (excluding an event to which the provisions of Article 61-2, paragraph (17) (Inclusion of Capital Gains or Losses on Securities in Gross Profits or Deductible Expenses) apply)).
The shares, etc. of a related corporation prescribed in paragraph (1) means the shares, etc. of another domestic corporation (excluding the wholly owned subsidiary shares, etc. prescribed in the following paragraph) in the case specified by Cabinet Order as the case where a domestic corporation (including another corporation that has a full controlling interest with the domestic corporation) holds shares, etc. whose number or amount exceeds one-third of the total number or total amount of the issued shares of or capital contributions to the other domestic corporation (excluding a public interest corporation, etc. and an association or foundation without juridical personality) (excluding the shares, etc. that the other domestic corporation holds in itself).
The wholly owned subsidiary shares, etc. prescribed in paragraph (1) means the shares, etc. of another domestic corporation (excluding a public interest corporation, etc. and an association or foundation without juridical personality) that has a full controlling interest with a domestic corporation throughout the calculation period of the amount of dividends, etc., which are specified by Cabinet Order.
The non-controlling-purpose shares, etc. prescribed in paragraph (1) mean the shares, etc. of another domestic corporation (excluding the wholly owned subsidiary shares, etc. prescribed in the preceding paragraph) in the case specified by Cabinet Order as a case where a domestic corporation (including another corporation with which the domestic corporation has a full controlling interest) holds shares, etc. equivalent to 5 percent or less of the total number or total amount of issued shares or capital contributions of another domestic corporation (excluding a public interest corporation, etc. and an association or foundation without juridical personality) (such issued shares or capital contributions exclude shares, etc. that the second domestic corporation holds in itself).
The provisions of paragraph (1) apply only in the case where a Final Return, amended return, or written request for reassessment comes with the attachment of documents stating the amount of dividends, etc. that is to be excluded from gross profits and a detailed statement concerning the calculation thereof. In this case, the amount to be excluded from gross profits pursuant to the provisions of that paragraph does not exceed such recorded amount.
Necessary matters concerning the application of the provisions of paragraphs (1) and (2) and the provisions of paragraphs (1) through (6) in the case where the shares, etc. have been transferred as a result of a qualified merger, qualified company split, qualified capital contribution in kind, or qualified in-kind distribution are specified by Cabinet Order.