Supplementary Provisions, Article 4Transitional Measures Concerning the Unit for Selecting the Method of Depreciation of Depreciable Assets
第四条(減価償却資産の償却の方法の選定の単位に関する経過措置)
The provisions of Article 28 (Unit for Selecting the Method of Depreciation) of the New Regulation apply to income tax for 2009 and subsequent years, and the provisions then in force continue to govern income tax for 2008 and earlier years.
新規則第二十八条(償却の方法の選定の単位)の規定は、平成二十一年分以後の所得税について適用し、平成二十年分以前の所得税については、なお従前の例による。
In the case where, with respect to income tax for 2009, an individual has selected the same method of depreciation for the Depreciable Assets that the individual holds that belong to different former classifications (including the case where the individual is to follow the method of depreciation prescribed in Article 125 (Statutory Method of Depreciation of Depreciable Assets) of the Former Order because the individual did not notify the method of depreciation), when the Depreciable Assets belonging to those different former classifications come to belong to the same new classification, the individual is deemed to have selected that same method of depreciation for the Depreciable Assets that have come to belong to that same new classification.
In the case where, with respect to income tax for 2009, Depreciable Assets of an individual that belong to different former classifications and for which different depreciation methods have been selected as the methods to be followed (including those that are to follow the depreciation method prescribed in Article 125 of the Former Order because the depreciation method was not notified) come to belong to the same new classification, if the individual submits to the competent district director with jurisdiction over the place for tax payment, by the deadline for filing the Tax Return for income tax for 2009, a written notification stating the following matters, that written notification is deemed to be the written application under Article 124, paragraph (2) (Procedures for Changing the Depreciation Method for Depreciable Assets) of the New Order, and the submission of that written notification is deemed to constitute the approval under paragraph (1) of that Article.
The name and domicile of the person submitting the written notification (residence, if the person has no domicile in Japan)
当該届出書を提出する者の氏名及び住所(国内に住所がない場合には、居所)
The categories of kind and structure or use, detailed item, or type of equipment of the Depreciable Assets for which the depreciation method is to be changed (in the case where an individual who has two or more places of business or vessels and who has not selected a depreciation method for each place of business or vessel intends to select a depreciation method for each place of business or vessel, those categories for each place of business or vessel)
その償却の方法を変更しようとする減価償却資産の種類及び構造若しくは用途、細目又は設備の種類の区分(二以上の事業所又は船舶を有する個人で事業所又は船舶ごとに償却の方法を選定していないものが事業所又は船舶ごとに償却の方法を選定しようとする場合には、事業所又は船舶ごとのこれらの区分)
The depreciation method currently followed and the date on which that depreciation method was adopted
現によっている償却の方法及びその償却の方法を採用した年月日
The new depreciation method to be adopted
採用しようとする新たな償却の方法
Any other matters for reference.
その他参考となるべき事項
In the case where, with respect to income tax for 2009, Depreciable Assets of an individual that belong to different former classifications and for which different depreciation methods have been selected as the methods to be followed (including those that are to follow the depreciation method prescribed in Article 125 of the Former Order because the depreciation method was not notified) come to belong to the same new classification, if the individual has not changed the depreciation method pursuant to the preceding paragraph or Article 124 of the New Order, Article 125 (Statutory Depreciation Method for Depreciable Assets) of the New Order applies on the deemed basis that no depreciation method has been selected for the Depreciable Assets belonging to that new classification.
In this Article, the meanings of the terms set forth in the following items are as prescribed in those items:
この条において、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。
Former classification: the categories of kinds prescribed in the items of Article 28 (Unit for Selecting the Depreciation Method) of the Regulation for Enforcement of the Income Tax Act prior to the amendment (hereinafter referred to as the "Former Regulation") based on the provisions of Appended Table I, Appended Table II, or Appended Table V through Appended Table VIII (Table of Useful Lives of Tangible Depreciable Assets) of the Ministerial Order on the Useful Life, etc. of Depreciable Assets (Ministry of Finance Order No. 15 of 1965) prior to the amendment by the Ministerial Order Partially Amending the Ministerial Order on the Useful Life, etc. of Depreciable Assets (Ministry of Finance Order No. 32 of 2008; hereinafter referred to as the "Useful Life Amendment Order" in the following item), and, in the case where an individual who has two or more places of business or vessels selects a depreciation method for each place of business or vessel, those categories for each place of business or vessel.
旧区分 減価償却資産の耐用年数等に関する省令の一部を改正する省令(平成二十年財務省令第三十二号。次号において「耐用年数改正省令」という。)による改正前の減価償却資産の耐用年数等に関する省令(昭和四十年大蔵省令第十五号)別表第一、別表第二又は別表第五から別表第八まで(有形減価償却資産の耐用年数表)の規定に基づく改正前の所得税法施行規則(以下「旧規則」という。)第二十八条各号(償却の方法の選定の単位)に定める種類の区分をいい、二以上の事業所又は船舶を有する個人で事業所又は船舶ごとに償却の方法を選定している場合にあっては、事業所又は船舶ごとの当該区分をいう。
New classification: the categories of kinds prescribed in the items of Article 28 of the New Regulation based on the provisions of Appended Table I, Appended Table II, Appended Table V or Appended Table VI (Table of Useful Lives of Tangible Depreciable Assets) of the Ministerial Order on the Useful Life, etc. of Depreciable Assets as amended by the Useful Life Amendment Order, and, in the case where an individual who has two or more places of business or vessels intends to select a depreciation method for each place of business or vessel, those categories for each place of business or vessel.
the New Regulationmachine translation
「新規則」
This Ministerial Order as amended by Ministry of Finance Order No. 24 of 2008.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
New Ordermachine translation
「新令」
In the supplementary provisions (附則) of Ministry of Finance Order No. 24 of 2008, the Order for Enforcement of the Income Tax Act (所得税法施行令) as amended by Cabinet Order No. 155 of 2008.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
Former Ordermachine translation
「旧令」
In the supplementary provisions (附則) of Ministry of Finance Order No. 24 of 2008, the Order for Enforcement of the Income Tax Act (所得税法施行令) as it stood before Cabinet Order No. 155 of 2008 amended it.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
former classificationmachine translation
「旧区分」
In Article 4, paragraph (5) of the supplementary provisions (附則) of Ministry of Finance Order No. 24 of 2008, the classification of depreciable assets into the kinds set out in the items of Article 28 of the Regulation for Enforcement of the Income Tax Act as it stood before that Order amended it, based on Appended Tables 1, 2 and 5 to 8 (tables of useful lives of tangible depreciable assets) of the Ministerial Order (省令) on the useful life of depreciable assets (Ministry of Finance Order No. 15 of 1965) as it stood before Ministry of Finance Order No. 32 of 2008 amended it; for an individual with two or more business offices or ships who has selected a depreciation method for each, that classification for each office or ship.
Defined inSupplementary Provisions, Article 4, paragraph (5), item (i)· applies only in this article
the Former Regulationmachine translation
「旧規則」
This Ministerial Order as it stood before Ministry of Finance Order No. 24 of 2008 amended it.
Short name set inSupplementary Provisions, Article 4, paragraph (5), item (i)
Useful Life Amendment Ordermachine translation
「耐用年数改正省令」
Short name for the Ministry of Finance Order (財務省令) No. 32 of 2008 that partially amended the Ministry of Finance Order on the useful life and other matters of depreciable assets (減価償却資産の耐用年数等に関する省令, Ministry of Finance Order No. 15 of 1965).
Short name set inSupplementary Provisions, Article 4, paragraph (5), item (i)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (5), item (ii)
new classificationmachine translation
「新区分」
In Article 4, paragraph (5) of the supplementary provisions (附則) of Ministry of Finance Order No. 24 of 2008, the classification of depreciable assets into the kinds set out in the items of Article 28 of the Regulation for Enforcement of the Income Tax Act as amended by that Order, based on Appended Tables 1, 2, 5 and 6 (tables of useful lives of tangible depreciable assets) of the Ministerial Order (省令) on the useful life of depreciable assets as amended by Ministry of Finance Order No. 32 of 2008; for an individual with two or more business offices or ships who selects a depreciation method for each, that classification for each office or ship.
Defined inSupplementary Provisions, Article 4, paragraph (5), item (ii)· applies only in this article
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 as a reference.