Article 206Scope of Casualty Losses Subject to Casualty Loss Deduction, etc.
第二百六条（雑損控除の対象となる雑損失の範囲等）
The unavoidable expenditures specified by Cabinet Order as prescribed in Article 72, paragraph (1) (Casualty Loss Deduction) of the Act are the following expenditures:
法第七十二条第一項（雑損控除）に規定する政令で定めるやむを得ない支出は、次に掲げる支出とする。
expenditures for demolishing or removing the assets prescribed in Article 72, paragraph (1) of the Act (hereinafter in this paragraph referred to as "housing, household goods, etc.") because they have been lost or damaged, or have declined in value, due to a Disaster, and other incidental expenditures;
the following expenditures, and other expenditures similar to these, made in the case where housing, household goods, etc. have been damaged or have declined in value due to a Disaster, or in any other case where it has become difficult to use those housing, household goods, etc. due to a Disaster, by the day preceding the day on which one year has elapsed from the day following the day on which the Disaster ended (or, in the case of a large-scale Disaster or where there are other unavoidable circumstances, the day on which three years have elapsed):
災害により住宅家財等が損壊し、又はその価値が減少した場合その他災害により当該住宅家財等を使用することが困難となつた場合において、その災害のやんだ日の翌日から一年を経過した日（大規模な災害の場合その他やむを得ない事情がある場合には、三年を経過した日）の前日までにした次に掲げる支出その他これらに類する支出
expenditure for removing earth, sand and other obstacles caused by a Disaster;
災害により生じた土砂その他の障害物を除去するための支出
expenditure for restoring those housing, household goods, etc. to their original condition (excluding expenditure for the portion corresponding to the amount of losses prescribed in paragraph (3) that arose to those housing, household goods, etc. from that Disaster; the same applies in item (iv)); or
expenditure for preventing damage to those housing, household goods, etc. or a decline in their value;
当該住宅家財等の損壊又はその価値の減少を防止するための支出
expenditures for taking urgently necessary measures to prevent the spread or occurrence of damage to housing, household goods, etc., in the case where damage has actually been caused to housing, household goods, etc. by a Disaster, or where it is expected that damage is imminently likely to be caused; or
災害により住宅家財等につき現に被害が生じ、又はまさに被害が生ずるおそれがあると見込まれる場合において、当該住宅家財等に係る被害の拡大又は発生を防止するため緊急に必要な措置を講ずるための支出
expenditure for restoring housing, household goods, etc. that have suffered a loss from theft or embezzlement to their original condition, and other similar expenditure.
盗難又は横領による損失が生じた住宅家財等の原状回復のための支出その他これに類する支出
The amount specified by Cabinet Order as prescribed in Article 72, paragraph (1), item (i) of the Act is the amount of the expenditures listed in items (i) through (iii) of the preceding paragraph that were made in that year (excluding the portion covered by insurance proceeds, damages or anything similar to these).
法第七十二条第一項第一号に規定する政令で定める金額は、その年においてした前項第一号から第三号までに掲げる支出の金額（保険金、損害賠償金その他これらに類するものにより補塡される部分の金額を除く。）とする。
Where Article 72, paragraph (1) of the Act is applied, the amount of losses sustained on the assets prescribed in that paragraph is to be calculated on the basis of the value of the asset immediately before the time the loss arose (or, where the asset is one listed in the following items, that value or the amount specified in the relevant item in accordance with the category of assets listed in those items).
assets prescribed in Article 38, paragraph (2) (Acquisition Costs Deducted to Calculate Capital Gains) of the Act (excluding those listed in the following item and item (iii)): the amount equivalent to the amount that would be treated as the acquisition cost of the asset if that paragraph (or, where the asset is one of the following assets, the provision specified below in accordance with the category of assets) were applied by deeming there to have been a transfer of assets with respect to the asset on the day the loss arose;
assets continuously owned since on or before December 31, 1952: the provisions of Article 61, paragraph (3) (Acquisition Costs of Assets Acquired Prior to December 31, 1952) of the Act;
昭和二十七年十二月三十一日以前から引き続き所有していた資産 法第六十一条第三項（昭和二十七年十二月三十一日以前に取得した資産の取得費等）の規定
a building that is subject to a spouse's right of residence acquired through inheritance or bequest listed in Article 60, paragraph (1), item (i) (Acquisition Costs of Assets Acquired as Gifts) of the Act: the provisions of paragraph (2) of that Article; or
法第六十条第一項第一号（贈与等により取得した資産の取得費等）に掲げる相続又は遺贈により取得した配偶者居住権の目的となつている建物 同条第二項の規定
a building that was subject to a spouse's right of residence acquired through inheritance or bequest listed in Article 60, paragraph (1), item (i) of the Act, and that was subsequently acquired by the Resident who holds that spouse's right of residence: the provisions of Article 169-2, paragraph (7) (Acquisition Costs of Assets Acquired as Gifts, etc.);
法第六十条第一項第一号に掲げる相続又は遺贈により取得した配偶者居住権を有する居住者がその後において取得した当該配偶者居住権の目的となつていた建物 第百六十九条の二第七項（贈与等により取得した資産の取得費等）の規定
a spouse's right of residence acquired through inheritance or bequest listed in Article 60, paragraph (1), item (i) of the Act: the amount equivalent to the amount that would be treated as the acquisition cost of that spouse's right of residence if paragraph (3) of that Article were applied by deeming that spouse's right of residence to have been extinguished on the day the loss arose; or
法第六十条第一項第一号に掲げる相続又は遺贈により取得した配偶者居住権 当該損失の生じた日に当該配偶者居住権の消滅があつたものとみなして同条第三項の規定を適用した場合に当該配偶者居住権の取得費とされる金額に相当する金額
a right to use, based on a spouse's right of residence acquired through inheritance or bequest listed in Article 60, paragraph (1), item (i) of the Act, land (including rights existing on land) used as the site of the building that is subject to that spouse's right of residence: the amount equivalent to the amount that would be treated as the acquisition cost of that right if paragraph (3) of that Article were applied by deeming that right to have been extinguished on the day the loss arose.
法第六十条第一項第一号に掲げる相続又は遺贈により取得した配偶者居住権の目的となつている建物の敷地の用に供される土地（土地の上に存する権利を含む。）を当該配偶者居住権に基づき使用する権利 当該損失の生じた日に当該権利の消滅があつたものとみなして同条第三項の規定を適用した場合に当該権利の取得費とされる金額に相当する金額
Where, out of the amounts of losses prescribed in Article 72, paragraph (1) of the Act that arose in that year, there are amounts of losses arising from the specified extraordinary Disaster prescribed in Article 71-2, paragraph (2) (Special Provisions on Deduction for Carryover of Casualty Loss Related to a Specified Extraordinary Disaster) of the Act and other amounts of losses (meaning amounts of losses prescribed in Article 72, paragraph (1) of the Act other than the amounts of losses arising from that specified extraordinary Disaster), the Casualty Loss that arose in that year is deemed to be made up in order, starting from the amounts of losses arising from that specified extraordinary Disaster.
その年において生じた法第七十二条第一項に規定する損失の金額のうちに法第七十一条の二第二項（特定非常災害に係る雑損失の繰越控除の特例）に規定する特定非常災害により生じた損失の金額と他の損失金額（当該特定非常災害により生じた損失の金額以外の法第七十二条第一項に規定する損失の金額をいう。）とがある場合におけるその年において生じた雑損失の金額は、当該特定非常災害により生じた損失の金額から順次成るものとする。
In the case referred to in the preceding paragraph, where, out of the amount of Casualty Loss, there are a specified Casualty Loss and another amount of Casualty Loss, the deduction under Article 72, paragraph (1) of the Act is made in order starting from the other amount of Casualty Loss.
Read this with the articles around it
specified casualty lossmachine translation
「特定雑損失金額」
The specified casualty loss as Article 71-2, paragraph (1) of the Income Tax Act defines it: a casualty loss arising from a specified extraordinary Disaster (特定非常災害), which can be carried forward and deducted for five years.
Short name set inArticle 204, paragraph (3)· applies only in this paragraph and in Article 206, paragraph (5)
amount of Casualty Lossmachine translation
「雑損失金額」
An amount of Casualty Loss (雑損失の金額) other than a specified Casualty Loss (特定雑損失金額) under Article 71-2, paragraph (1) of the Income Tax Act.
Defined inArticle 204, paragraph (3)· applies only in this paragraph and in Article 206, paragraph (5)
housing, household goods, etc.machine translation
「住宅家財等」
The assets described in Article 72, paragraph (1) of the Income Tax Act — those of a resident, or of a spouse or other relative in the same household, other than assets not ordinarily needed for living and business assets — whose destruction, damage or loss of value in a disaster this paragraph deals with.
Short name set inArticle 206, paragraph (1), item (i)· applies only in this paragraph
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.