Article 78-2Profits from Afforestation Profit-Sharing Contracts or Forest-Tending Profit-Sharing Contracts
第七十八条の二(分収造林契約又は分収育林契約の収益)
The amount that a party to an afforestation profit-sharing contract receives, pursuant to that contract, by sharing at the fixed ratio specified in that contract among the profits from afforestation of forested land that is the subject of the contract, the profits from the felling of trees in that forested land or from the transfer of that forested land (including those listed in the items of Article 94, paragraph (1) (Insurance Proceeds or Similar Benefits Treated as Revenue from Timber Income); the same applies in the following paragraph), is, except as provided for in paragraph (3), revenue pertaining to timber income.
The amount that a party to a forest-tending profit-sharing contract receives, pursuant to that contract, by sharing at the fixed ratio specified in that contract the profits from the felling of trees in forested land that is the subject of the contract, or from the transfer of that forested land, among the profits from forest tending of that forested land, is, except as provided for in the following paragraph, revenue pertaining to timber income.
Among the amounts shared by parties to an afforestation profit-sharing contract or forest-tending profit-sharing contract pursuant to that contract, an amount that falls under any of the amounts listed in the following items is revenue pertaining to Each Class of Income other than timber income.
An amount shared at the fixed ratio specified in the contract before the felling of trees in forested land that is the subject of the afforestation profit-sharing contract or forest-tending profit-sharing contract, or before the transfer of that forested land (excluding those listed in the items of Article 94, paragraph (1));
An amount shared at the fixed ratio specified in the contract by a person who continuously receives, throughout the period of the conclusion of an afforestation profit-sharing contract or forest-tending profit-sharing contract, payment of an amount equivalent to land rent, interest, or other consideration pertaining to that contract (excluding that pertaining to afforestation or forest tending under that contract);
An amount shared at the fixed ratio specified in the contract within five years after the date of acquiring the rights pertaining to the afforestation profit-sharing contract or forest-tending profit-sharing contract.
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afforestation profit-sharing contractmachine translation
「分収造林契約」
An afforestation profit-sharing contract under Article 2, paragraph (1) of the Act on Special Measures concerning Shared Forest, or any other contract among two or all three of a landowner, a person who plants a forest on the land, and a person who bears some or all of the costs of that planting, under which they agree to share the proceeds of the forest in set proportions.
Defined inArticle 78, paragraph (1), item (i)· applies only in this subsection
forest-tending profit-sharing contractmachine translation
「分収育林契約」
A forest-tending profit-sharing contract under Article 2, paragraph (2) of the Act on Special Measures concerning Shared Forest, or any other contract among two or all three of a landowner, a person who tends and manages the forest growing on the land, and a person who bears some or all of the costs of that tending, under which they agree to share the proceeds of the tending in set proportions.
Defined inArticle 78, paragraph (1), item (ii)· applies only in this subsection
forest tendingmachine translation
「育林」
The tending and management of a forest growing on a particular piece of land.
Short name set inArticle 78, paragraph (1), item (ii)· applies only in this subsection