Article 60-4Special Provisions on Capital Gains upon Application of Foreign Exit Tax Provisions
第六十条の四（外国転出時課税の規定の適用を受けた場合の譲渡所得等の特例）
If a Resident makes a transfer as prescribed in Article 60-2, paragraph (4) (Special Provisions on Capital Gains upon Departure from Japan) of Securities and similar interests to which foreign exit tax provisions have applied, for the calculation of business income, capital gains, or miscellaneous income, the amount that was included in revenue in calculating the amount of income from the transfer, on the assumption that the Securities and similar interests had been transferred, in calculating the amount of foreign income tax (meaning foreign income tax prescribed in Article 95, paragraph (1) (Foreign Tax Credit); the same applies in the following paragraph and paragraph (3)) imposed under those foreign exit tax provisions is the amount required for the acquisition of the Securities and similar interests.
If a Resident settles unsettled margin transactions or similar transactions or unsettled derivatives transactions to which foreign exit tax provisions have applied, for the calculation of business income or miscellaneous income, the amount equivalent to the amount of profit calculated, on the assumption that the unsettled margin transactions or similar transactions or unsettled derivatives transactions had been settled, in calculating the amount of foreign income tax imposed under those foreign exit tax provisions is subtracted from the amount of profit or loss arising from the settlement (hereinafter referred to as the "gain or loss on settlement" in this paragraph), or the amount equivalent to the amount of loss calculated, on the assumption that the settlement had been made, in calculating the amount of that foreign income tax is added to the gain or loss on settlement.
居住者が外国転出時課税の規定の適用を受けた未決済信用取引等又は未決済デリバティブ取引の決済をした場合における事業所得の金額又は雑所得の金額の計算については、当該決済によつて生じた利益の額若しくは損失の額（以下この項において「決済損益額」という。）からその外国転出時課税の規定により課される外国所得税の額の計算において当該未決済信用取引等若しくは未決済デリバティブ取引の決済をしたものとみなして算出された利益の額に相当する金額を減算し、又は当該決済損益額に当該外国所得税の額の計算において当該決済をしたものとみなして算出された損失の額に相当する金額を加算する。
The foreign exit tax provisions referred to in the preceding two paragraphs means the provisions of the laws and regulations of a foreign country, in the case where, if an event in that foreign country equivalent to a departure from Japan prescribed in Article 60-2, paragraph (1) or any other event prescribed by Cabinet Order occurs, foreign income tax is to be imposed pursuant to the provisions of the laws and regulations of that foreign country that are equivalent to the provisions of paragraph (1) through paragraph (3) of that Article, on the assumption that the Securities and similar interests held, or the unsettled margin transactions or similar transactions or unsettled derivatives transactions to whose contracts the person is a party, have been transferred or settled.
Cabinet Order provides for the necessary particulars concerning the application of the provisions of paragraphs (1) and (2).