Regulation for Enforcement of the Income Tax Act

The premiums for life insurance and mutual aid premiums for life mutual aid similar thereto, as prescribed in Article 73, paragraph (1), item (v), (e) (Requirements for a Specified Retirement Allowance Mutual Aid Organization) of the Order, are the following:

premiums pertaining to life insurance of the following kinds in which the specified retirement allowance mutual aid organization prescribed in Article 74, paragraph (5) (Approval of a Specified Retirement Allowance Mutual Aid Organization) of the Order (hereinafter referred to as the "specified retirement allowance mutual aid organization" in this Article and Article 19) is the policyholder and the recipient of the insurance benefit;

endowment insurance (meaning life insurance providing for the payment of insurance benefits if the insured person dies during the insurance period or is alive on the day the period expires) or survival insurance (meaning life insurance providing for the payment of insurance benefits if the insured person is alive on the day a certain period expires, including that in which insurance benefits are paid in the form of an annuity), the insured persons of which are the covered persons prescribed in Article 73, paragraph (1), item (ii) of the Order of that specified retirement allowance mutual aid organization (referred to as "covered persons" in (b), the following paragraph, and paragraphs (4) and (9)); and

group life insurance with an insurance period of one year in which the group of covered persons who are insured persons is the insured group, which provides for the payment of insurance benefits if an insured person dies during the insurance period and also for the payment of benefits other than the insurance benefits under the insurance policy if the policy is cancelled during that period, if an insured person withdraws from the insured group, or if an insured person is alive on the day that period expires.

mutual aid premiums pertaining to life mutual aid of the following kinds provided by a federation of agricultural cooperatives (limited, among the federations of agricultural cooperatives that conduct the business under Article 10, paragraph (1), item (x) (Facilities for Mutual Aid) of the Agricultural Co-operatives Act, to those whose operations extend over the whole country) in which a specified retirement allowance mutual aid organization is the mutual aid policyholder and the recipient of the mutual aid benefits.

endowment mutual aid (meaning life mutual aid providing for the payment of mutual aid benefits if the covered person of the life mutual aid dies during the mutual aid period or is alive on the day the period expires) or survival mutual aid (meaning life mutual aid providing for the payment of mutual aid benefits if the covered person of the life mutual aid is alive on the day a certain period expires, including that in which mutual aid benefits are paid in the form of an annuity), the covered persons of which are the covered persons prescribed in Article 73, paragraph (1), item (ii) of the Order of that specified retirement allowance mutual aid organization (referred to as "persons covered by the organization" in (b)); and

group life mutual aid with a mutual aid period of one year in which the group of persons covered by the organization who are covered persons is the covered group, which provides for the payment of mutual aid benefits if a covered person dies during the mutual aid period and also for the payment of benefits other than the mutual aid benefits under the mutual aid contract if the contract is cancelled during that period, if a covered person withdraws from the covered group, or if a covered person is alive on the day that period expires.

The persons specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii) of the Order are persons who became covered persons in connection with a merger or business transfer prescribed in that item (hereinafter referred to as a "merger, etc." in this paragraph and paragraphs (4), (6) and (8)) and who, immediately before that merger, etc., were the beneficiaries, etc. (referred to as "beneficiaries, etc." in paragraphs (4) and (6)) prescribed in Article 16, paragraph (1), item (iii) (Requirements, etc. for Qualified Retirement Pension Contracts) of the Supplementary Provisions of the Order for the Enforcement of the Corporation Tax Act (Cabinet Order No. 97 of 1965) in connection with a qualified retirement pension contract (referred to as "qualified retirement pension contract" in paragraphs (4) and (6)) prescribed in Article 20, paragraph (3) (Special Provisions on Corporation Tax on Retirement Pension Reserves, etc.) of the Supplementary Provisions of the Corporation Tax Act that had been concluded by the employer that is the surviving corporation pertaining to that merger, etc. (meaning the corporation that continues to exist after the merger; the same applies in paragraphs (4) and (6)).

The mergers or business transfers specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii) of the Order are the following mergers or business transfers:

a merger conducted by agricultural cooperatives that have received the certification under Article 4, paragraph (2) (Certification of Appropriateness of Merger Management Plan) of the Act on Promotion of Merger of Agricultural Cooperatives (Act No. 48 of 1961) pursuant to Article 2, paragraph (1) (Formulation of Merger Management Plan) of that Act, or a merger conducted by agricultural cooperatives that conduct the business under Article 10, paragraph (1), item (iii) (Acceptance of Savings or Installment Savings) of the Agricultural Co-operatives Act with the approval under Article 65, paragraph (2) (Requirements for Merger) of the Agricultural Co-operatives Act (limited to one conducted after undergoing the examination prescribed in Article 50, paragraph (2) (Application for Approval of Transfer of All or Part of Credit Business, etc.) of the Order on the Credit Business of Agricultural Cooperatives and Federations of Agricultural Cooperatives (Joint Order of the Ministry of Finance and the Ministry of Agriculture, Forestry and Fisheries No. 1 of 1993) as applied mutatis mutandis pursuant to Article 57, paragraph (2) (Application for Approval of Merger, etc.) of that Order);

a merger between the Norinchukin Bank and a credit federation of agricultural and fishery cooperatives (meaning a credit federation of agricultural and fishery cooperatives prescribed in Article 2, paragraph (2) (Definitions) of the Credit Business Restructuring and Enhancement Act; the same applies in item (v), (a)) pursuant to Article 8 (Merger) of the Act on Enhancement and Restructuring of Credit Business Conducted by The Norinchukin Bank and Specified Agricultural and Fishery Cooperative Savings Insurance Cooperation, etc. (Act No. 118 of 1996; hereinafter referred to as the "Credit Business Restructuring and Enhancement Act" in this paragraph);

a merger between a federation of agricultural cooperatives whose district is the whole country and a federation of agricultural cooperatives that is its member (excluding a credit federation of agricultural cooperatives (meaning a credit federation of agricultural cooperatives prescribed in Article 2, paragraph (1), item (ii) of the Credit Business Restructuring and Enhancement Act; the same applies in item (v), (b) and item (vi)));

a merger between the Norinchukin Bank and a specified successor company (meaning a specified successor company prescribed in Article 26, paragraph (1) (Special Provisions on the Norinchukin Bank Act, etc. Pertaining to a Specified Successor Company) of the Supplementary Provisions of the Credit Business Restructuring and Enhancement Act; the same applies hereinafter in this paragraph) pursuant to Article 30, paragraph (1) (Merger of the Norinchukin Bank and a Specified Successor Company) of the Supplementary Provisions of the Credit Business Restructuring and Enhancement Act;

among the business transfers prescribed in Article 2, paragraph (4) of the Credit Business Restructuring and Enhancement Act, the following:

a transfer of all or part of the credit business (meaning the credit business prescribed in Article 2, paragraph (3) of the Credit Business Restructuring and Enhancement Act; the same applies in (d) and the following item) that a credit federation of agricultural and fishery cooperatives conducts to the Norinchukin Bank;

a transfer of all of the business under Article 10, paragraph (1), item (iii) of the Agricultural Co-operatives Act that a specified agricultural cooperative (meaning a specified agricultural cooperative prescribed in Article 2, paragraph (1), item (i) of the Credit Business Restructuring and Enhancement Act; the same applies in (c)) conducts to the Norinchukin Bank or a credit federation of agricultural cooperatives;

a transfer of all of the business under Article 10, paragraph (1), item (iii) of the Agricultural Co-operatives Act that a specified agricultural cooperative conducts to a specified successor company;

a transfer of all of the credit business that a specified fishery cooperative prescribed in Article 2, paragraph (1), item (iii) of the Credit Business Restructuring and Enhancement Act or a specified fishery processing cooperative prescribed in item (v) of that paragraph conducts to the Norinchukin Bank, a credit federation of fishery cooperatives prescribed in item (iv) of that paragraph, or a credit federation of fishery processing cooperatives prescribed in item (vi) of that paragraph;

a transfer of all or part of the credit business that a credit federation of agricultural cooperatives conducts to a specified successor company pursuant to Article 29, paragraph (1) (Transfer of Credit Business from Specified Agricultural Cooperatives, etc. to a Specified Successor Company) of the Supplementary Provisions of the Credit Business Restructuring and Enhancement Act; and

a transfer of all or part of the business that a specified successor company conducts to the Norinchukin Bank pursuant to Article 31, paragraph (1) (Transfer of Business from a Specified Successor Company to the Norinchukin Bank) of the Supplementary Provisions of the Credit Business Restructuring and Enhancement Act.

The persons specified by Ministry of Finance Order as persons who became covered persons as prescribed in Article 73, paragraph (1), item (vii) of the Order are the following persons:

a person who became a covered person in connection with a merger, etc. and who, immediately before that merger, etc., was a beneficiary, etc. in connection with a qualified retirement pension contract concluded by an employer that is the merged corporation (meaning a corporation that ceased to exist by the merger; the same applies in the following item and paragraph (6)), the surviving corporation, or the corporation that made the business transfer, pertaining to that merger, etc.; and

a person who had been a covered person before the merger, etc. and who, immediately before that merger, etc., was a beneficiary, etc. in connection with a qualified retirement pension contract concluded by an employer that is the merged corporation, the surviving corporation, or the corporation that made the business transfer, pertaining to that merger, etc.

The contract specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii), (a)(1) of the Order is a contract pertaining to a retirement allowance mutual aid business under which a specified retirement allowance mutual aid organization newly includes the past service period prescribed in that item in the basis for calculating the amount of retirement benefits in the retirement allowance mutual aid business that it conducts (where the contract is to be concluded with a participating employer (meaning a participating employer prescribed in Article 73, paragraph (1), item (i) of the Order; the same applies in paragraphs (9), (10) and (13), and paragraph (14), item (iii)) as of the day before the day on which that retirement allowance mutual aid business is commenced, limited to one that is to be concluded within two years after that day, starting from that day).

The period specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii), (a)(2) of the Order is the period during which the person was a beneficiary, etc. in connection with a qualified retirement pension contract concluded by an employer that is the merged corporation, the surviving corporation, or the corporation that made the business transfer, pertaining to that merger, etc. (including, where an amount of past service liabilities, etc. prescribed in Article 16, paragraph (1), item (vii) of the Supplementary Provisions of the Order for the Enforcement of the Corporation Tax Act has been calculated for the person in connection with the conclusion or change of the qualified retirement pension contract or the person's participation, the period included in the basis for that calculation).

The amount specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii), (b) of the Order is the amount equivalent to the investment income appropriately estimated on the basis of the amount obtained by multiplication prescribed in (b) of that item, the aggregate past service period, etc. prescribed in that item, and the status of profits from the investment of assets under paragraph (1), item (v) of that Article.

The day specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii), (c) of the Order is the day of the merger, etc. (if, after that day, a retirement allowance mutual aid contract (meaning a retirement allowance mutual aid contract prescribed in Article 73, paragraph (1), item (i) of the Order; the same applies in item (i) of the following paragraph and paragraph (10)) has been concluded for a covered person resulting from the merger, etc. prescribed in Article 73, paragraph (1), item (vii) of the Order pertaining to that merger, etc., the day of that conclusion).

The matters specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (vii), (c)(3) of the Order are the following matters:

the other specified retirement allowance mutual aid organization referred to in Article 73, paragraph (1), item (vii), (c)(3) of the Order (referred to as the "other specified retirement allowance mutual aid organization" in the following paragraph) is to hand over the amount equivalent to the total assets prescribed in (c)(3) of that item pertaining to the person who was a participating employer and who makes the request under (c)(3) of that item (hereinafter referred to as the "amount equivalent to the participating employer's total assets" in this paragraph and the following paragraph), in a lump sum without delay, together with the records concerning the retirement allowance mutual aid business pertaining to the retirement allowance mutual aid contracts made with respect to that person who was a participating employer and the covered persons of that person, to the specified retirement allowance mutual aid organization referred to in (c)(3) of that item of which that person became a participating employer (referred to as the "receiving specified retirement allowance mutual aid organization" in the following item and the following paragraph); and

the receiving specified retirement allowance mutual aid organization is to accept the amount equivalent to the participating employer's total assets as assets to be applied to the retirement benefits of the covered persons of the person who became a participating employer.

The request referred to in Article 73, paragraph (1), item (vii), (c)(3) of the Order must be made by the person who became the participating employer and who makes the request submitting, immediately after becoming the participating employer, a written request stating the following matters to the other specified retirement allowance mutual aid organization via the receiving specified retirement allowance mutual aid organization:

the name or title and domicile of the employer who makes the request (for a person that has no domicile in Japan, the place prescribed in Article 81 (Place of Residence, etc. of Which a Person without a Domicile in Japan Is to Give Notice); the same applies hereinafter in this Article);

a statement to the effect that the person requests that the amount equivalent to the participating employer's total assets be handed over from the other specified retirement allowance mutual aid organization to the receiving specified retirement allowance mutual aid organization;

the name and location of the other specified retirement allowance mutual aid organization, and the date on which the employer who makes the request terminated the retirement allowance mutual aid contract with that other specified retirement allowance mutual aid organization;

the name and location of the receiving specified retirement allowance mutual aid organization, and the date on which the employer who makes the request concluded a retirement allowance mutual aid contract with that receiving specified retirement allowance mutual aid organization; and

any other matters for reference.

The matters specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (viii), (c) of the Order are that the specified retirement allowance mutual aid organization that is to pay the retirement benefit referred to in (c) of that item (referred to as the "former specified retirement allowance mutual aid organization" in paragraph (13)) is to hand over the amount equivalent to that retirement benefit pertaining to the person who made the request under (c) of that item, in a lump sum without delay, to the other specified retirement allowance mutual aid organization referred to in (c) of that item (referred to as the "other specified retirement allowance mutual aid organization" in paragraph (13)).

The period specified by Ministry of Finance Order as prescribed in Article 73, paragraph (1), item (viii), (c) and (e) of the Order is three years.

The request referred to in Article 73, paragraph (1), item (viii), (c) of the Order must be made by attaching, to a written request stating the following matters, the certificate of covered person of the former specified retirement allowance mutual aid organization or another document proving that the person who makes the request was, upon the retirement prescribed in (c) of that item, a covered person who could receive a retirement benefit under a retirement allowance mutual aid contract, and submitting it to the former specified retirement allowance mutual aid organization via the other specified retirement allowance mutual aid organization:

the name and domicile of the person who makes the request;

the name or title and domicile of the participating employer of the other specified retirement allowance mutual aid organization pertaining to the person who makes the request;

the name and location of the other specified retirement allowance mutual aid organization;

the name or title and domicile of the employer who employed the person who makes the request (meaning, where the person who makes the request did not claim the retirement benefit referred to in Article 73, paragraph (1), item (viii), (c) of the Order upon that retirement in accordance with the provisions of (c) of that item, the participating employer of the former specified retirement allowance mutual aid organization pertaining to that retirement (including a person who was that participating employer)); and

the date of the retirement referred to in the preceding item.

The request referred to in Article 73, paragraph (1), item (viii), (e) of the Order must be made by attaching a copy of the certificate of covered person to a written request stating the following matters, and submitting it to the specified retirement allowance mutual aid organization via the other participating employer prescribed in (e) of that item:

the name and domicile of the person who makes the request;

the name or title and domicile of the other participating employer prescribed in Article 73, paragraph (1), item (viii), (e) of the Order who employs the person who makes the request;

the name or title and domicile of the employer who employed the person who makes the request (meaning, where the person who makes the request did not claim the taken-over retirement benefit prescribed in Article 73, paragraph (1), item (viii), (e) of the Order upon that retirement in accordance with the provisions of (e) of that item, the participating employer of that specified retirement allowance mutual aid organization pertaining to that retirement (including a person who was that participating employer)); and

the date of the retirement referred to in the preceding item.