Article 44-2Exclusion from Gross Revenue of Economic Benefits from Debt Forgiveness Received Due to an Order Granting Discharge or Similar
第四十四条の二（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）
If a Resident receives forgiveness of a debt that the Resident owes in a case where there has been an order granting discharge as prescribed in Article 252, paragraph (1) (Requirements for an Order Granting Discharge) of the Bankruptcy Act (Act No. 75 of 2004) or an order confirming a rehabilitation plan, or in any other case where the Resident has lost financial resources and has extreme difficulty in paying debts, the value of the economic benefit received through that forgiveness is not included in the gross revenue that is used to calculate that Resident's Income in Each Class.
In the case referred to in the preceding paragraph, the provisions of that paragraph do not apply to the part of the value of the economic benefit received through the forgiveness of the debt referred to in that paragraph that is equivalent to the sum total of the amounts that the following items prescribe for the categories of case set forth in those items that apply to the Resident referred to in that paragraph (for the amounts prescribed in items (i) through (iv), the amounts calculated as if there were no value of the economic benefit, and for the amount prescribed in item (v), the amount arrived at if gross income, retirement income, and timber income are calculated as if the provisions of that paragraph did not apply):
if the Resident receives forgiveness of a debt relating to an operation that is meant to generate real property income: the amount of loss arising in the calculation of real property income for the year that includes the date on which the Resident received the forgiveness;
不動産所得を生ずべき業務に係る債務の免除を受けた場合 当該免除を受けた日の属する年分の不動産所得の金額の計算上生じた損失の金額
if the Resident receives forgiveness of a debt relating to a business undertaking that is meant to generate business income: the amount of loss arising in the calculation of business income for the year that includes the date on which the Resident received the forgiveness;
事業所得を生ずべき事業に係る債務の免除を受けた場合 当該免除を受けた日の属する年分の事業所得の金額の計算上生じた損失の金額
if the Resident receives forgiveness of a debt relating to an operation that is meant to generate timber income: the amount of loss arising in the calculation of timber income for the year that includes the date on which the Resident received the forgiveness;
山林所得を生ずべき業務に係る債務の免除を受けた場合 当該免除を受けた日の属する年分の山林所得の金額の計算上生じた損失の金額
if the Resident receives forgiveness of a debt relating to an operation that is meant to generate miscellaneous income: the amount of loss arising in the calculation of miscellaneous income for the year that includes the date on which the Resident received the forgiveness;
雑所得を生ずべき業務に係る債務の免除を受けた場合 当該免除を受けた日の属する年分の雑所得の金額の計算上生じた損失の金額
if there is a Net Loss to be deducted, pursuant to the provisions of Article 70, paragraph (1) or paragraph (2) (Deduction for Carryover of Net Loss), in calculating the gross income, retirement income, or timber income for the year that includes the date on which the Resident received the forgiveness of the debt: the amount of the Net Loss so deducted.
The provisions of paragraph (1) apply only if the Tax Return states that the provisions of that paragraph are to be applied, the amount not included in gross revenue pursuant to the provisions of that paragraph, and any other information specified by Ministry of Finance Order.
Even if no Tax Return is filed or if a Tax Return is filed that is not filled out as referred to in the preceding paragraph, the district director may apply the provisions of paragraph (1) on finding there to be unavoidable circumstances for the Resident's failure to file the Tax Return or fill it out in that manner.