If a Resident transfers an asset as prescribed in paragraph (1) of the preceding Article which was acquired due to any of the following circumstances, the Resident is deemed to continue to possess that asset as regards the calculation of business income, timber income, capital gains, or miscellaneous income:
an inter vivos gift (other than a gift to the trustee of a public interest trust (but only one made in order for the property to become trust property of that trust; the same applies in paragraph (6), item (ii) of the following Article and in Article 60-3, paragraph (6), item (ii) (Special Provisions on Capital Gains upon Transfer of Assets to a Nonresident by Gift or Similar Transfer))), hereditary succession (other than hereditary succession subject to qualified acceptance), or a legacy (other than a legacy left to the trustee of a public interest trust (but only one made in order for the property to become trust property of that trust; the same applies in paragraph (6), item (iii) of the following Article and in Article 60-3, paragraph (6), item (iii)) and a universal legacy which is associated with a qualified acceptance);
贈与（公益信託の受託者に対するもの（その信託財産とするためのものに限る。次条第六項第二号及び第六十条の三第六項第二号（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）において同じ。）を除く。）、相続（限定承認に係るものを除く。）又は遺贈（公益信託の受託者に対するもの（その信託財産とするためのものに限る。次条第六項第三号及び第六十条の三第六項第三号において同じ。）及び包括遺贈のうち限定承認に係るものを除く。）
a transfer falling under paragraph (2) of the preceding Article.
前条第二項の規定に該当する譲渡
In the case referred to in the preceding paragraph, when an asset set forth in one of the following items that was acquired through hereditary succession or a legacy set forth in item (i) of that paragraph is transferred, the acquisition cost of the asset is as prescribed in that item, notwithstanding the provisions of that paragraph:
a building subject to a spouse's right to reside: the amount arrived at by deducting the amount that would be the acquisition cost of the spouse's right to reside pursuant to the provisions of the following paragraph if the spouse's right to reside had been extinguished at the time the building was transferred, from the amount that would be calculated as the acquisition cost of the building pursuant to the provisions of the preceding paragraph at the time the building was transferred if no spouse's right to reside had been established on the building;
land used as the site of a building subject to a spouse's right to reside (including rights existing on land; hereinafter the same applies in this item and in item (ii) of the following paragraph): the amount arrived at by deducting the amount that would be the acquisition cost of the right to use the land based on the spouse's right to reside pursuant to the provisions of the following paragraph if that right had been extinguished at the time the land was transferred, from the amount that would be calculated as the acquisition cost of the land pursuant to the provisions of the preceding paragraph at the time the land was transferred if no spouse's right to reside had been established on the building.
In the case referred to in paragraph (1), when a right set forth in one of the following items that was acquired through hereditary succession or a legacy set forth in item (i) of that paragraph is extinguished, the calculation of the amount of capital gains is as prescribed in that item, notwithstanding the provisions of that paragraph. In such a case, the provisions of Article 38, paragraph (2) (Acquisition Costs Deducted to Calculate Capital Gains) do not apply.
spouse's right to reside: the spouse's right to reside is deemed to have been acquired, at the time it was acquired through that hereditary succession or legacy, for the amount calculated pursuant to Cabinet Order as the part corresponding to the amount equivalent to the value of the spouse's right to reside at that time, out of the amount that would be calculated as the acquisition cost of the building subject to the spouse's right to reside if the building had been transferred at that time, and the amount arrived at by deducting from that amount the amount calculated pursuant to Cabinet Order based on the period for which the spouse's right to reside continues is the acquisition cost of the spouse's right to reside as prescribed in Article 38, paragraph (1);
配偶者居住権 当該相続又は遺贈により当該配偶者居住権を取得した時において、その時に当該配偶者居住権の目的となつている建物を譲渡したとしたならば当該建物の取得費の額として計算される金額のうちその時における配偶者居住権の価額に相当する金額に対応する部分の金額として政令で定めるところにより計算した金額により当該配偶者居住権を取得したものとし、当該金額から当該配偶者居住権の存続する期間を基礎として政令で定めるところにより計算した金額を控除した金額をもつて当該配偶者居住権の第三十八条第一項に規定する取得費とする。
the right to use land used as the site of a building subject to a spouse's right to reside, based on that spouse's right to reside: the right is deemed to have been acquired, at the time it was acquired through that hereditary succession or legacy, for the amount calculated pursuant to Cabinet Order as the part corresponding to the amount equivalent to the value of the right at that time, out of the amount that would be calculated as the acquisition cost of the land if the land had been transferred at that time, and the amount arrived at by deducting from that amount the amount calculated pursuant to Cabinet Order based on the period for which the spouse's right to reside continues is the acquisition cost of the right as prescribed in Article 38, paragraph (1).
配偶者居住権の目的となつている建物の敷地の用に供される土地を当該配偶者居住権に基づき使用する権利 当該相続又は遺贈により当該権利を取得した時において、その時に当該土地を譲渡したとしたならば当該土地の取得費の額として計算される金額のうちその時における当該権利の価額に相当する金額に対応する部分の金額として政令で定めるところにより計算した金額により当該権利を取得したものとし、当該金額から当該配偶者居住権の存続する期間を基礎として政令で定めるところにより計算した金額を控除した金額をもつて当該権利の第三十八条第一項に規定する取得費とする。
If a Resident transfers an asset acquired through an inter vivos gift, hereditary succession, or a legacy as set forth in Article 59, paragraph (1), item (i), the Resident is deemed to have acquired the asset, with an amount equivalent to the value thereof at the time the Resident acquired it being used in the calculation of business income, timber income, capital gains, or miscellaneous income.