Chapter I Calculation of Income in Each Class (Articles 18-5 to 21-2)
The law as Ministerial Order Partially Amending the Regulation for Enforcement of the Income Tax Act (Ministry of Finance Order No. 17 of 2026) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 18-5第十八条の五
Scope of Persons with a Special Relationship with a Director(理事と特殊の関係のある者の範囲)
Article 18-5, paragraph (1)
The persons having a special relationship, specified by Ministry of Finance Order, with a director as prescribed in Article 73, paragraph (2), item (v) (Requirements for a Specified Retirement Allowance Mutual Aid Organization) of the Order are the following persons:
a relative of the director within the third degree of kinship;
当該理事の三親等以内の親族
Article 18-5, paragraph (1), item (iii)
a person who has not filed a notification of marriage with the director but who is in circumstances equivalent to a de facto marital relationship with the director;
当該理事と婚姻の届出をしていないが事実上婚姻関係と同様の事情にある者
Article 18-5, paragraph (1), item (iv)
an employee of the director;
当該理事の使用人
Article 18-5, paragraph (1), item (v)
a person other than those set out in the preceding items who maintains their livelihood by means of monies or other assets received from the director; and
前各号に掲げる者以外の者で当該理事から受ける金銭その他の資産によつて生計を維持しているもの
Article 18-5, paragraph (1), item (vi)
the spouse of, or a relative within the third degree of kinship of, any of the persons set out in the preceding three items, whose living expenses are paid from the same resources as those of that person.
前三号に掲げる者と生計を一にするこれらの者の配偶者又は三親等以内の親族
Article 19第十九条
Matters to Be Stated in a Written Application for Approval of a Specified Retirement Allowance Mutual Aid Organization, and Other Matters(特定退職金共済団体の承認申請書の記載事項等)
Article 19, paragraph (1)
The matters specified by Ministry of Finance Order as prescribed in Article 74, paragraph (1) (Approval of a Specified Retirement Allowance Mutual Aid Organization) of the Order are the following matters:
the name, the location of the principal office and the corporate number of the corporation that submits the written application prescribed in Article 74, paragraph (1) of the Order;
令第七十四条第一項に規定する申請書を提出する法人の名称、主たる事務所の所在地及び法人番号
Article 19, paragraph (1), item (ii)
the names of the representative of the corporation referred to in the preceding item and of the person responsible for the retirement allowance mutual aid business conducted by that corporation;
前号の法人の代表者及びその法人の行う退職金共済事業の責任者の氏名
Article 19, paragraph (1), item (iii)
the date on which the corporation intends to commence the retirement allowance mutual aid business referred to in the preceding item;
前号の退職金共済事業を開始しようとする年月日
Article 19, paragraph (1), item (iv)
the number of employers expected, at the time of submitting the written application set forth in item (i), to participate in the retirement allowance mutual aid business set forth in item (ii), and the number of the employees employed by them who are expected to become insured persons as prescribed in Article 73, paragraph (1), item (ii) (Requirements for Specified Retirement Allowance Mutual Aid Organizations) of the Order;
if the corporation set forth in item (i) is a general incorporated association or a general incorporated foundation, particulars clarifying that it falls under the requirements set forth in Article 73, paragraph (2), item (v) of the Order;
if the written application set forth in item (i) is submitted again after the approval of a specified retirement allowance mutual aid organization was revoked pursuant to Article 75, paragraph (1) (Revocation, etc. of Approval of Specified Retirement Allowance Mutual Aid Organizations) of the Order, the date on which notice of the revocation was received;
if the written application set forth in item (i) is submitted again after the written notification prescribed in Article 75, paragraph (3) of the Order was submitted, the date prescribed in that paragraph;
The matters specified by Ministry of Finance Order as prescribed in Article 74, paragraph (1) of the Order as applied mutatis mutandis pursuant to paragraph (6) of that Article are as follows:
the particulars set forth in items (i) and (ii) of the preceding paragraph;
前項第一号及び第二号に掲げる事項
Article 19, paragraph (2), item (ii)
a statement to the effect that the corporation wishes to change the retirement allowance mutual aid rules prescribed in Article 74, paragraph (1) of the Order, and the content of the change (where that content relates to the requirements set forth in Article 73, paragraph (1), item (vii) of the Order, the content concerning the particulars set forth in (a) through (c) of that item);
the circumstances under which the change in the preceding item is to be made and the date on which it is to be made;
前号の変更をしようとする事情及びその変更をしようとする年月日
Article 19, paragraph (2), item (iv)
if the corporation submitting the written application prescribed in Article 74, paragraph (1) of the Order as applied mutatis mutandis pursuant to paragraph (6) of that Article is a general incorporated association or a general incorporated foundation, particulars clarifying that it falls under the requirements set forth in Article 73, paragraph (2), items (iv) and (v) of the Order;
A specified retirement allowance mutual aid organization must, when changing the particulars set forth in paragraph (1), items (i) and (ii), notify the district director with jurisdiction over the location of its principal office to that effect without delay.
Scope, etc. of the Establishment of Easements Deemed to Be Transfers of Assets(資産の譲渡とみなされる地役権の設定の範囲等)
Article 19-2, paragraph (1)
The facility similar to a guide levee that is specified by Ministry of Finance Order as prescribed in Article 79, paragraph (1) (Acts Deemed to Be Transfers of Assets) of the Order is a sediment retention basin (meaning a facility installed to prevent runoff soil, rocks or mud flow (hereinafter referred to as "sediment, etc." in this paragraph) from flowing out into the downstream area, which captures that sediment, etc. and artificially causes that sediment, etc. to spread within the area of the facility) that is erosion control equipment prescribed in Article 1 (Definitions) of the Erosion Control Act (Act No. 29 of 1897).
The facility similar to a retarding basin that is specified by Ministry of Finance Order as prescribed in Article 79, paragraph (1), item (i) of the Order is a facility installed to reduce the planned high-water discharge prescribed in Article 16, paragraph (1) (Basic River Improvement Policy) of the River Act (Act No. 167 of 1964) with respect to flowing water impounded by a dam, which is equivalent to a retarding basin prescribed in Article 6, paragraph (1), item (iii) (River Area) of that Act (limited to one installed with the approval of the Minister of Land, Infrastructure, Transport and Tourism under Article 79, paragraph (1) (Approval, etc. of the Minister of Land, Infrastructure, Transport and Tourism) of that Act).
The facility or structure specified by Ministry of Finance Order as prescribed in Article 79, paragraph (1), item (iii) of the Order is the facility or structure set forth in Article 8, item (i), (b) of the Regulation for Enforcement of the Act on Special Measures concerning Public Use of Deep Underground (Order of the Prime Minister's Office No. 157 of 2000), as stated in the outline of the business plan set forth in item (i), (a) of that Article (Form, etc. of Documents to Be Attached to Application Forms for Approval of Use) of that Regulation, with respect to the business plan document referred to in that item of the Order.
Scope of Assets Excluded from Amounts Borne by Participants in the Calculation of the Amount to Be Deducted from the Amount of Defined-Benefit Corporate Pension(確定給付企業年金の額から控除する金額の計算における加入者が負担した金額から除かれる資産の範囲)
Article 19-3, paragraph (1)
The assets specified by Ministry of Finance Order as prescribed in Article 82-3, paragraph (1), item (ii), (g) (Amount to Be Deducted from the Amount of Defined-Benefit Corporate Pension) of the Order are the following assets:
the pension benefit, etc. reserve prescribed in Article 165, paragraph (5) (Transfer of Rights and Obligations and Pension Benefit, etc. Reserves from Federations to Funds) of the Employees' Pension Insurance Act prior to the amendment by Article 1 (Partial Amendment of the Employees' Pension Insurance Act) of the Act Partially Amending the Employees' Pension Insurance Act, etc. for Ensuring the Soundness and Reliability of the Public Pension System (Act No. 63 of 2013; referred to as the "2013 Employees' Pension, etc. Amendment Act" in the following item) (hereinafter referred to as the "former Employees' Pension Insurance Act" in this item and item (iii)) that was transferred, before April 1, 2014, from the federation prescribed in Article 149, paragraph (1) (Federations) of the former Employees' Pension Insurance Act pursuant to Article 165-2, paragraph (2) (Transfer of Pension Benefit, etc. Reserves from Federations to Defined-Benefit Corporate Pensions) of the former Employees' Pension Insurance Act;
the reserve prescribed in Article 110-2, paragraph (4) of the Defined-Benefit Corporate Pension Act prior to the amendment by Article 2 (Partial Amendment of the Defined-Benefit Corporate Pension Act) of the 2013 Employees' Pension, etc. Amendment Act (hereinafter referred to as the "former Defined-Benefit Corporate Pension Act" in this Article), the rights and obligations of which were succeeded to, before April 1, 2014, from the former employees' pension fund prescribed in Article 3, item (x) (Definitions) of the Supplementary Provisions of the 2013 Employees' Pension, etc. Amendment Act (referred to as the "former employees' pension fund" in the following item and item (iv)) pursuant to Article 110-2, paragraph (3) (Transfer to Defined-Benefit Corporate Pensions of Rights and Obligations Concerning the Payment of Benefits Related to Business Offices Establishing Employees' Pension Funds) of the former Defined-Benefit Corporate Pension Act;
the pension benefit, etc. reserve prescribed in Article 130-2, paragraph (2) (Contracts Concerning Costs Required for Benefits in the Form of Pensions and Benefits in the Form of Lump Sums) of the former Employees' Pension Insurance Act, the rights and obligations of which were succeeded to, before April 1, 2014, from the former employees' pension fund pursuant to Article 111, paragraph (2) (Transition from Employees' Pension Fund to Contract-Type Corporate Pension) or Article 112, paragraph (4) (Transition from Employees' Pension Fund to Fund) of the former Defined-Benefit Corporate Pension Act;
the amount equivalent to lump-sum withdrawal payment prescribed in Article 115-3, paragraph (1) of the former Defined-Benefit Corporate Pension Act that was transferred from the former employees' pension fund, before April 1, 2014, pursuant to paragraph (2) (Transfer of Amount Equivalent to Lump-Sum Withdrawal Payment from Employees' Pension Fund to Defined-Benefit Corporate Pension) of that Article.
Section 1-2 General Rules for Calculation of the Amount of Income第一節の二 所得金額の計算の通則
Article 19-4第十九条の四
Article 19-4, paragraph (1)
The restricted shares specified by Ministry of Finance Order as prescribed in Article 84, paragraph (1) (Value, etc. of Restricted Shares) of the Order are as follows:
restricted shares prescribed in that paragraph (hereinafter referred to as "restricted shares" in this paragraph) of the merging corporation pertaining to a merger that are delivered through the merger to a person holding specified restricted shares (meaning specified restricted shares prescribed in Article 84, paragraph (1) of the Order; the same applies in the following item) of the merged corporation pertaining to the merger, or restricted shares of that corporation in a case where, immediately before the merger, there is, between the merging corporation pertaining to the merger and a corporation other than that merging corporation, a full controlling interest held by that corporation (meaning a full controlling interest prescribed in Article 2, item (xii)-7-6 (Definitions) of the Corporation Tax Act; the same applies in the following item);
restricted shares of the succeeding corporation in a company split pertaining to a split-type company split that are delivered through the split-type company split to a person holding specified restricted shares of the splitting corporation pertaining to the split-type company split, or restricted shares of a corporation in a case where, immediately before the split-type company split, there is, between the succeeding corporation in a company split pertaining to the split-type company split and a corporation other than that succeeding corporation, a full controlling interest held by that corporation.
In this Article, "merging corporation", "merged corporation", "split-type company split", "splitting corporation" and "succeeding corporation in a company split" mean, respectively, the merging corporation, merged corporation, split-type company split, splitting corporation and succeeding corporation in a company split prescribed in Article 83-2, paragraph (5), items (i) through (v) (Calculation of Income If Shares Delivered Through a Merger, etc. Include a Fraction of Less Than One) of the Order.
Exclusion of Government Subsidies and Their Equivalent in Gross Revenue(国庫補助金等の総収入金額不算入)
Article 20, paragraph (1)
The matters specified by Ministry of Finance Order as prescribed in Article 42, paragraph (3) (Exclusion of Government Subsidies and Their Equivalent in Gross Revenue) of the Act are as follows:
the amount of the government subsidies and their equivalent prescribed in Article 42, paragraph (1) of the Act that have been granted, and the purpose of the grant;
交付を受けた法第四十二条第一項に規定する国庫補助金等の額及びその交付の目的
Article 20, paragraph (1), item (ii)
details of the Fixed Assets to which the provisions of Article 42, paragraph (1) of the Act have been applied;
法第四十二条第一項の規定の適用を受けた固定資産に関する明細
Article 20, paragraph (1), item (iii)
in the case where a Fixed Asset prescribed in Article 42, paragraph (2) of the Act has been acquired, the reason for the acquisition and the value of that asset;
法第四十二条第二項に規定する固定資産の取得をした場合には、その取得の事由及びその資産の価額
Article 20, paragraph (1), item (iv)
any other matters for reference.
その他参考となるべき事項
Article 21第二十一条
Matters to Be Stated in Order to Receive Application of the Special Provision on Exclusion of Conditional Government Subsidies and Their Equivalent from Gross Revenue(条件付国庫補助金等の総収入金額不算入の特例の適用を受けるための記載事項)
Article 21, paragraph (1)
The matters specified by Ministry of Finance Order as prescribed in Article 43, paragraph (4) (Exclusion of Conditional Government Subsidies and Their Equivalent from Gross Revenue) of the Act are the following matters.
the amount of the government subsidies and their equivalent prescribed in Article 43, paragraph (1) of the Act that have been granted, the purpose of the grant, and the conditions of the grant;
交付を受けた法第四十三条第一項に規定する国庫補助金等の額、その交付の目的及びその交付の条件
Article 21, paragraph (1), item (ii)
the scheduled date of acquisition or scheduled date of improvement of a Fixed Asset prescribed in Article 43, paragraph (1) of the Act that is to be acquired or improved using the government subsidies and their equivalent referred to in the preceding item, and the estimated amount required for the acquisition and its breakdown;
Matters to Be Stated in Order to Receive Application of the Special Provision on Exclusion from Gross Revenue of Economic Benefits from Debt Forgiveness Received Due to an Order Granting Discharge or Similar(免責許可の決定等により債務免除を受けた場合の経済的利益の総収入金額不算入の特例の適用を受けるための記載事項)
Article 21-2, paragraph (1)
The matters specified by Ministry of Finance Order as prescribed in Article 44-2, paragraph (3) (Exclusion from Gross Revenue of Economic Benefits from Debt Forgiveness Received Due to an Order Granting Discharge or Similar) of the Act are the following matters.
the date on which the debt forgiveness referred to in Article 44-2, paragraph (1) of the Act was received;
法第四十四条の二第一項の債務の免除を受けた年月日
Article 21-2, paragraph (1), item (ii)
the value of the economic benefit received through the forgiveness of the debt referred to in Article 44-2, paragraph (1) of the Act;
法第四十四条の二第一項の債務の免除により受ける経済的な利益の価額
Article 21-2, paragraph (1), item (iii)
details of the circumstances in which it is extremely difficult to repay the debt owing to loss of financial resources;
資力を喪失して債務を弁済することが著しく困難である事情の詳細
Article 21-2, paragraph (1), item (iv)
any other matters for reference.
その他参考となるべき事項
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