Supplementary Provisions, Article 3Transitional Measures Concerning the Nontaxability of Interest Income from Postal Savings Held by Persons with Disabilities and Other Eligible Persons
第三条(障害者等の郵便貯金の利子所得の非課税に関する経過措置)
The date specified by Cabinet Order prescribed in Article 35, paragraph (1) (Transitional Measures Concerning the Nontaxability of Interest Income from Postal Savings Held by Persons with Disabilities and Other Eligible Persons) of the Supplementary Provisions of the Act Partially Amending the Act on Special Measures Concerning Taxation, etc. (Act No. 15 of 2002; hereinafter referred to as the "Amending Act") is the day following the last day of the calculation period of interest on ordinary postal savings prescribed in that paragraph that includes January 1, 2006.
租税特別措置法等の一部を改正する法律(平成十四年法律第十五号。以下「改正法」という。)附則第三十五条第一項(障害者等の郵便貯金の利子所得の非課税に関する経過措置)に規定する政令で定める日は、同項に規定する通常郵便貯金の利子の平成十八年一月一日を含む計算期間の末日の翌日とする。
The amount calculated as specified by Cabinet Order prescribed in Article 35, paragraph (2) of the Supplementary Provisions of the Amending Act is, for postal savings (excluding ordinary postal savings prescribed in that paragraph) other than postal time savings (meaning postal time savings prescribed in Article 7, paragraph (1), item (iv) (Types of Postal Savings) of the Postal Savings Act (Act No. 144 of 1947); the same applies hereinafter in this paragraph) (hereinafter referred to in this paragraph as "postal fixed-amount savings, etc."), the amount calculated by dividing the amount obtained by multiplying the amount of the interest on those postal fixed-amount savings, etc. that corresponds to the interest calculation period including January 1, 2006 by the number of months from the month in which the date of deposit of the postal fixed-amount savings, etc. to which that interest pertains falls to December 2005, by the number of months from the month in which that date of deposit falls to the month preceding the month in which the date of refund falls, and, for postal time savings, the amount calculated by dividing the amount obtained by multiplying the amount of the interest on those postal time savings that corresponds to the interest calculation period including January 1, 2006 by the number of days from the date of deposit of the postal time savings to which that interest pertains to December 31, 2005, by the number of days from that date of deposit to the day preceding the date of refund.
改正法附則第三十五条第二項に規定する政令で定めるところにより計算した金額は、郵便貯金(同項に規定する通常郵便貯金を除く。)のうち定期郵便貯金(郵便貯金法(昭和二十二年法律第百四十四号)第七条第一項第四号(郵便貯金の種類)に規定する定期郵便貯金をいう。以下この項において同じ。)以外のもの(以下この項において「定額郵便貯金等」という。)にあっては当該定額郵便貯金等の利子で平成十八年一月一日を含む利子の計算期間に対応するものの額にその利子に係る定額郵便貯金等の預入の日の属する月から平成十七年十二月までの月数を乗じた額を当該預入の日の属する月から払戻しの日の属する月の前月までの月数で除して計算した金額とし、定期郵便貯金にあっては当該定期郵便貯金の利子で平成十八年一月一日を含む利子の計算期間に対応するものの額にその利子に係る定期郵便貯金の預入の日から平成十七年十二月三十一日までの日数を乗じた額を当該預入の日から払戻しの日の前日までの日数で除して計算した金額とする。
An individual who falls under a Person with a Disability or other eligible person prescribed in Article 35, paragraph (3) of the Supplementary Provisions of the Amending Act and who seeks the confirmation referred to in that paragraph must, before January 1, 2006, submit to the handling post office prescribed in that paragraph pertaining to the postal savings referred to in that paragraph (hereinafter in this Article referred to as the "handling post office") a written application stating the individual's name, date of birth and domicile, a statement that the individual falls under a Person with a Disability or other eligible person (meaning a Person with a Disability or other eligible person prescribed in that paragraph; the same applies hereinafter in this Article), and other particulars specified by Ministry of Finance Order (hereinafter in this Article referred to as the "application for confirmation as a Person with a Disability or other eligible person"), and present the individual's paper confirming a disability or similar position (meaning the paper prescribed in that paragraph; the same applies hereinafter in this Article), and thereby be confirmed as falling under a Person with a Disability or other eligible person.
改正法附則第三十五条第三項に規定する障害者等に該当する個人で同項の確認を受けようとするものは、平成十八年一月一日前に同項の郵便貯金に係る同項に規定する取扱郵便局(以下この条において「取扱郵便局」という。)に、その者の氏名、生年月日及び住所並びに障害者等(同項に規定する障害者等をいう。以下この条において同じ。)に該当する旨その他の財務省令で定める事項を記載した申請書(以下この条において「障害者等確認申請書」という。)を提出し、その者の障害者等確認書類(同項に規定する書類をいう。以下この条において同じ。)を提示して、障害者等に該当することにつき確認を受けなければならない。
In the case referred to in the preceding paragraph, the handling post office is to confirm, on the basis of the paper confirming a disability or similar position that it has been shown, the fact that the person falls under a Person with a Disability or other eligible person, and when it has confirmed that fact, it must enter, in the application for confirmation as a Person with a Disability or other eligible person submitted pursuant to the provisions of that paragraph, a statement to the effect that it has confirmed this and the name of the paper confirming a disability or similar position pertaining to that confirmation.
A person who has submitted the application for confirmation as a Person with a Disability or other eligible person referred to in paragraph (3) may, at the time of that submission, present the passbook, etc. prescribed in Article 30-10, paragraph (1) (Stamping of Passbook, etc. to Indicate Confirmation) of the Order for Enforcement of the Income Tax Act prior to amendment (hereinafter referred to as the "Former Order") that pertains to the postal savings and was stamped pursuant to the provisions of that paragraph (hereinafter in this Article referred to as the "passbook, etc."), and have an indication made in that passbook, etc. that it has been confirmed that the person falls under a Person with a Disability or other eligible person. In this case, the handling post office is to make the indication of that confirmation in the passbook, etc. that it has been shown.
A person who accepts postal savings must, where an application for confirmation as a Person with a Disability or other eligible person has been submitted pursuant to the provisions of paragraph (3), manage the postal savings by correcting the fact of falling under an elderly person or similar person stated in the application form for tax-exempt postal savings pertaining to the postal savings of the person who made that submission to the fact of falling under a Person with a Disability or other eligible person, or by another method.
A person who accepts postal savings must, where it has been sent an application for confirmation as a Person with a Disability or other eligible person by a handling post office, retain that application as specified by Ministry of Finance Order.
Amending Actmachine translation
「改正法」
In the supplementary provisions (附則) of Cabinet Order No. 103 of 2002, short name for the 2002 Act partially amending the Act on Special Measures Concerning Taxation and other laws (Act No. 15 of 2002).
Short name set inSupplementary Provisions, Article 3, paragraph (1)
postal time savingsmachine translation
「定期郵便貯金」
In Article 3, paragraph (2) of the supplementary provisions (附則) of Cabinet Order No. 103 of 2002, postal time savings as defined in Article 7, paragraph (1), item (iv) of the Act on postal savings (郵便貯金法, Act No. 144 of 1947); for their interest for the period that includes 1 January 2006, the part for the days up to 31 December 2005 is worked out by days.
Defined inSupplementary Provisions, Article 3, paragraph (2)· applies only in this paragraph
postal fixed-amount savings, etc.machine translation
「定額郵便貯金等」
In Article 3, paragraph (2) of the supplementary provisions (附則) of Cabinet Order No. 103 of 2002, postal savings other than ordinary postal savings and postal time savings (定期郵便貯金); for their interest for the period that includes 1 January 2006, the part for the months up to December 2005 is worked out by months.
Short name set inSupplementary Provisions, Article 3, paragraph (2)· applies only in this paragraph
handling post officemachine translation
「取扱郵便局」
The post office handling a person's postal savings, as Article 35, paragraph (3) of the supplementary provisions (附則) of the 2002 Act partially amending the Act on Special Measures Concerning Taxation and other laws (Act No. 15 of 2002) refers to it, to which a person with a disability or similar person had to apply for confirmation of that status before 1 January 2006.
Short name set inSupplementary Provisions, Article 3, paragraph (3)· applies only in this article
person with a disability or other eligible personmachine translation
「障害者等」
A person with a disability or other eligible person as Article 35, paragraph (3) of the supplementary provisions (附則) of the 2002 Act amending the Act on Special Measures Concerning Taxation and other laws (Act No. 15 of 2002) refers to, who seeks confirmation of that status for postal savings before 1 January 2006.
Defined inSupplementary Provisions, Article 3, paragraph (3)· applies only in this article
paper confirming a disability or similar positionmachine translation
「障害者等確認書類」
The documents Article 35, paragraph (3) of the supplementary provisions (附則) of the 2002 Act amending the Act on Special Measures Concerning Taxation and other laws (Act No. 15 of 2002) refers to, shown to the post office to be confirmed as a person with a disability or other eligible person (障害者等) for postal savings.
Defined inSupplementary Provisions, Article 3, paragraph (3)· applies only in this article
application for confirmation as a person with a disability or other eligible personmachine translation
「障害者等確認申請書」
An application stating the applicant's name, date of birth and address, that they are a person with a disability or other eligible person (障害者等), and other matters a Ministry of Finance Order (財務省令) sets, handed in before 1 January 2006 to the post office handling the applicant's postal savings to be confirmed as such.
Short name set inSupplementary Provisions, Article 3, paragraph (3)· applies only in this article
Former Ordermachine translation
「旧令」
This Cabinet Order as it stood before Cabinet Order No. 103 of 2002 amended it.
Short name set inSupplementary Provisions, Article 3, paragraph (5)
passbook, etc.machine translation
「通帳等」
The passbook or similar document for postal savings, as defined in Article 30-10, paragraph (1) of the Order for Enforcement of the Income Tax Act as it stood before Cabinet Order No. 103 of 2002 (旧令), that bears the seal stamped under that provision, and that a person shows when handing in an application to be confirmed as a person with a disability or similar (障害者等).
Short name set inSupplementary Provisions, Article 3, paragraph (5)· applies only in this article