Chapter I Calculation of Income in Each Class (Articles 37-3 to 39)
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 37-3第三十七条の三
Special Provisions on Capital Gains upon Transfer of Assets to a Nonresident by Gift or Similar Transfer(贈与等により非居住者に資産が移転した場合の譲渡所得等の特例)
Article 37-3, paragraph (1)
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the amount equivalent to the amount of profit or loss calculated as specified by Ministry of Finance Order as prescribed in Article 60-3, paragraph (2) (Special Provisions on Capital Gains upon Transfer of Assets to a Nonresident by Gift or Similar Transfer) of the Act. In this case, the phrase "the time of the departure from Japan prescribed in paragraph (1) of that Article (hereinafter referred to as 'departure from Japan' in this Article)" in paragraph (2), item (i) of the preceding Article is deemed to be replaced with "the time of the gift or similar transfer prescribed in Article 60-3, paragraph (1) (Special Provisions on Capital Gains upon Transfer of Assets to a Nonresident by Gift or Similar Transfer) of the Act (hereinafter referred to as 'gift or similar transfer' in this Article)", the phrase "held at the time of departure from Japan" is deemed to be replaced with "transferred by a gift or similar transfer", the phrase "the date of that departure from Japan" is deemed to be replaced with "the date of that gift or the date of the commencement of the succession", and the phrase "the time of departure from Japan" in item (ii) of that paragraph is deemed to be replaced with "the time of the gift or similar transfer", respectively.
The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the amount equivalent to the amount of profit or loss calculated as specified by Ministry of Finance Order as prescribed in Article 60-3, paragraph (3) of the Act. In this case, the phrase "the date of departure from Japan" in paragraph (4), item (i) of the preceding Article is deemed to be replaced with "the date of the gift or the date of the commencement of the succession", and the phrase "the time of departure from Japan" in items (ii) and (iii) of that paragraph is deemed to be replaced with "the time of the gift, succession or legacy", respectively.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the amount equivalent to the amount of profit calculated as specified by Ministry of Finance Order as prescribed in Article 60-3, paragraph (11), item (ii) of the Act and the amount equivalent to the amount of loss calculated as specified by Ministry of Finance Order as prescribed in item (iii) of that paragraph. In this case, the phrase "the date of that departure from Japan" in paragraph (2) of the preceding Article is deemed to be replaced with "the day on which five years have elapsed as prescribed in Article 60-3, paragraph (11) (Special Provisions on Capital Gains upon Transfer of Assets to a Nonresident by Gift or Similar Transfer) of the Act".
The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the amount equivalent to the amount of profit calculated as specified by Ministry of Finance Order as prescribed in Article 60-3, paragraph (11), item (v) of the Act and the amount equivalent to the amount of loss calculated as specified by Ministry of Finance Order as prescribed in item (vi) of that paragraph. In this case, the phrase "the date of that departure from Japan" in paragraph (4), item (i) of the preceding Article is deemed to be replaced with "the day on which five years have elapsed as prescribed in Article 60-3, paragraph (11) of the Act (hereinafter referred to as the 'date five years have passed' in this paragraph)", and the phrase "the time of departure from Japan" in items (ii) and (iii) of that paragraph is deemed to be replaced with "the date five years have passed", respectively.
Particulars to Be Stated for Application of the Special Provisions on Calculation of Income If Assets Are Transferred in Performance of Guaranteed Obligations(保証債務の履行のため資産を譲渡した場合の所得計算の特例の適用を受けるための記載事項)
Article 38, paragraph (1)
The matters specified by Ministry of Finance Order as prescribed in Article 64, paragraph (3) (Special Provisions on Calculation of Income If Payment for Transferred Assets Becomes Uncollectible) of the Act are as follows:
the quantity and the amount of transfer of the assets transferred as prescribed in Article 64, paragraph (2) of the Act, and the amount for which all or part of the right to reimbursement accompanying the performance of the guaranteed obligation has become unexercisable;
the names or titles, and the addresses or residences, or the locations of the head offices or principal offices, of the principal obligor and the creditor;
主たる債務者及び債権者の氏名又は名称及び住所若しくは居所又は本店若しくは主たる事務所の所在地
Article 38, paragraph (1), item (iii)
the date on which all or part of the right to reimbursement accompanying the performance of the guaranteed obligation became unexercisable;
保証債務の履行に伴う求償権の全部又は一部を行使することができないこととなつた年月日
Article 38, paragraph (1), item (iv)
the date of the transfer and the date of the acquisition of the assets prescribed in item (i);
第一号に規定する資産の譲渡の年月日及び取得の年月日
Article 38, paragraph (1), item (v)
an explanation of the circumstances in which the right to reimbursement became unexercisable;
求償権の行使ができないこととなつた事情の説明
Article 38, paragraph (1), item (vi)
any other matters for reference.
その他参考となるべき事項
Section 5 Inclusion in Necessary Expenses of Non-Deductible Consumption Tax, etc. on Assets第五節 資産に係る控除対象外消費税額等の必要経費算入
Article 38-2第三十八条の二
Calculation, etc. of the Ratio Equivalent to the Taxable Sales Ratio for Consumption Tax(消費税の課税売上割合に準ずる割合の計算等)
Article 38-2, paragraph (1)
The provisions of Article 48, paragraph (1) (Method of Calculating the Taxable Sales Ratio) of the Order for Enforcement of the Consumption Tax Act (Cabinet Order No. 360 of 1988) apply mutatis mutandis to the ratio calculated as specified by Ministry of Finance Order as a ratio equivalent to the taxable sales ratio prescribed in Article 182-2, paragraph (1) (Inclusion in Necessary Expenses of Non-Deductible Consumption Tax, etc. on Assets) of the Order. In this case, the phrase "during the taxable period" in Article 48, paragraph (1) of the Order for Enforcement of the Consumption Tax Act is deemed to be replaced with "during the year".
The classification prescribed in Article 182-2, paragraph (5) of the Order is to be made by a method of distinguishing the amount of consumption tax to be imposed on the transfers, etc. of taxable assets prescribed in that paragraph and the amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as the tax base, and the amount of tax on taxable purchases, etc. and the amount equivalent to the amount of local consumption tax pertaining to that amount of tax on taxable purchases, etc., as consumption tax, etc. received on a provisional basis and consumption tax, etc. paid on a provisional basis, respectively, from the consideration for the transactions pertaining to them, or by another method equivalent thereto.
Section 6 Calculation of Income from Annuities, etc. Under Life Insurance Policies or Similar Contracts第六節 生命保険契約等に基づく年金等に係る所得の計算
Article 38-3第三十八条の三
Calculation of the Estimated Total Payments for Annuities Under Casualty Insurance Policies or Similar Contracts(損害保険契約等に基づく年金に係る支払総額の見込額の計算)
Article 38-3, paragraph (1)
The amount calculated as specified by Ministry of Finance Order as prescribed in Article 184, paragraph (1), item (ii), (a), (2) (Insurance Premiums, etc. to Be Deducted in Calculating the Amount of Miscellaneous Income from Annuities Under Casualty Insurance Policies or Similar Contracts) of the Order is the amount calculated by multiplying the annual amount stipulated in the casualty insurance policy or similar contract (meaning a casualty insurance policy or similar contract prescribed in that paragraph; the same applies hereinafter in this Article) that forms the basis of payment of the annuity set forth in (a), (2) of that item (limited to a fixed-term annuity under which, if the person covered by the contract dies within the guaranteed period, an amount corresponding to the period from the date of death to the end of the guaranteed period is paid) (excluding the amount of surplus distributed or rebates received under that casualty insurance policy or similar contract on or after the payment commencement date of that annuity) by the number of years of the payment period stipulated in that casualty insurance policy or similar contract (or, if that number of years exceeds the longer of the number of years of the guaranteed period and the number of years of remaining life expectancy specified in the Appended Table of the Order as of the payment commencement date of that annuity for the person covered by the contract, that longer number of years).
In the preceding paragraph, the meanings of the terms listed in the following items are as prescribed respectively in those items:
前項において、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
Article 38-3, paragraph (2), item (i)
person covered by the contract: a person whose survival is made a condition of payment under the casualty insurance policy or similar contract that forms the basis of payment of the annuity;
guaranteed period: a fixed period on or after the payment commencement date of a fixed-term annuity.
保証期間 有期の年金の支払開始の日以後一定期間をいう。
Section 7 Special Provisions on the Period to Which Revenue and Expenses Are Attributed第七節 収入及び費用の帰属時期の特例
Article 39第三十九条
Calculation of the Amount of Accounts Receivable, etc. Relating to Uncollected Construction Revenue(工事未収入金に係る売掛債権等の額の計算)
Article 39, paragraph (1)
If a Resident prescribed in Article 193, paragraph (1) (Uncollected Revenue Under the Percentage-of-Completion Method) of the Order has incurred an amount of loss due to bad debts, during the period prescribed in that paragraph, with respect to the accounts receivable, etc. set forth in that paragraph that the Resident holds, the amount of the accounts receivable, etc. set forth in that paragraph is the amount obtained by deducting the amount of that loss from the amount deducted as prescribed in that paragraph.
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.