If a Resident filing a Tax Return has had a Net Loss in any of the three years prior to the relevant year (but only one in which the Resident filed a Blue Return for the year's income taxes) (this Net Loss excludes any amount deducted in or before the previous year pursuant to the provisions of this paragraph and any amount used as the basis for calculating the amount to be refunded pursuant to the provisions of Article 142, paragraph (2) (Issuance of Refunds Based on Carryback of Net Loss)), the equivalent of the Net Loss is applied as a deduction pursuant to Cabinet Order when the amount of gross income, retirement income, or timber income for the year of the Tax Return is calculated.
If part of the Net Loss of a Resident filing a Tax Return in any of the three years prior to the relevant year (such a Net Loss excludes any amount that is subject to the provisions of the preceding paragraph and any amount used as the basis for calculating the amount to be refunded pursuant to the provisions of Article 142, paragraph (2)) is an amount of loss incurred in any of those years which is as follows and which is as prescribed by Cabinet Order, the amount that Cabinet Order prescribes as the equivalent of the Net Loss is applied as a deduction pursuant to Cabinet Order when the amount of gross income, retirement income, or timber income for the year of the Tax Return is calculated.
the amount of any loss resulting when the amount of Fluctuating Income is calculated;
変動所得の金額の計算上生じた損失の金額
the amount of any disaster-related loss on business assets.
被災事業用資産の損失の金額
The amount of a disaster-related loss on business assets as set forth in item (ii) of the preceding paragraph means the amount of a loss of Inventory or assets as prescribed in Article 51, paragraph (1) or paragraph (3) (Inclusion of Losses on Assets in Necessary Expenses) (including the amount of any unavoidable Disaster-related expenses prescribed by Cabinet Order and other than any part of the loss covered by insurance benefits, compensation for damage, or anything similar to these) due to Disaster which does not fall under the category of an amount of loss set forth in item (i) of the preceding paragraph.
The provisions of paragraph (1) and paragraph (2) apply only if the Resident prescribed therein files a Tax Return for income taxes in the year in which the Net Loss arises and if the Resident continues to file a Tax Return thereafter.
A deduction under paragraph (1) or paragraph (2) is referred to as a deduction for carryover of net loss.
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(Procedures for Issuing Refunds Based on Carryback of Net Loss)
When a paper-based claim for a refund as referred to in the preceding paragraph is submitted, the district tax office director undertakes an examination into the Net Loss forming the basis for the…
税務署長は、前項の還付請求書の提出があつた場合には、その請求の基礎となつた純損失の金額その他必要な事項について調査し、その調査したところにより、その請求をした者に対し、その請求に係る金額を限度として所得税を還付し、又は請求の理由がない旨を書面により通知する。
Open this provision(Inclusion of Losses on Assets in Necessary Expenses)
A loss incurred due to circumstances such as the demolition, removal, or destruction (including a decrease in value due to damage) of a Fixed Asset, or of any other equivalent asset as provided by…
居住者の営む不動産所得、事業所得又は山林所得を生ずべき事業の用に供される固定資産その他これに準ずる資産で政令で定めるものについて、取りこわし、除却、滅失（当該資産の損壊による価値の減少を含む。）その他の事由により生じた損失の金額（保険金、損害賠償金その他これらに類するものにより補てんされる部分の金額及び資産の譲渡によ…
Open this provision(Inclusion of Losses on Assets in Necessary Expenses)
A loss due to Disaster, robbery, or misappropriation involving forested land owned by a Resident (other than any part of the loss covered by insurance benefits, compensation for damage, or anything…
災害又は盗難若しくは横領により居住者の有する山林について生じた損失の金額（保険金、損害賠償金その他これらに類するものにより補てんされる部分の金額を除く。）は、その者のその損失の生じた日の属する年分の事業所得の金額又は山林所得の金額の計算上、必要経費に算入する。
Open this provision(Deduction for Carryover of Net Loss)
If a Resident filing a Tax Return has had a Net Loss in any of the three years prior to the relevant year (but only one in which the Resident filed a Blue Return for the year's income taxes)…
確定申告書を提出する居住者のその年の前年以前三年内の各年（その年分の所得税につき青色申告書を提出している年に限る。）において生じた純損失の金額（この項の規定により前年以前において控除されたもの及び第百四十二条第二項（純損失の繰戻しによる還付）の規定により還付を受けるべき金額の計算の基礎となつたものを除く。）がある場合…
Open this provision(Deduction for Carryover of Net Loss)
If part of the Net Loss of a Resident filing a Tax Return in any of the three years prior to the relevant year (such a Net Loss excludes any amount that is subject to the provisions of the preceding…
確定申告書を提出する居住者のその年の前年以前三年内の各年において生じた純損失の金額（前項の規定の適用を受けるもの及び第百四十二条第二項の規定により還付を受けるべき金額の計算の基礎となつたものを除く。）のうち、当該各年において生じた次に掲げる損失の金額に係るもので政令で定めるものがあるときは…
Open this provision(Deduction for Carryover of Net Loss)
the amount of any loss resulting when the amount of Fluctuating Income is calculated;
変動所得の金額の計算上生じた損失の金額
Open this provision(Deduction for Carryover of Net Loss)
the amount of any disaster-related loss on business assets.
被災事業用資産の損失の金額
Open this provisionResident
「居住者」
An individual who has a domicile in Japan, or who has had a residence in Japan continuously for one year or more up to now.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
Inventorymachine translation
「棚卸資産」
Goods, products, semi-finished products, work in progress, raw materials and other assets of a business that must be counted in stocktaking, as a Cabinet Order (政令) specifies, other than securities, cryptoassets and standing timber.
Defined inArticle 2, paragraph (1), item (xvi)· applies throughout the law
Fluctuating Incomemachine translation
「変動所得」
Income from fishing catches, copyright royalties and other income that varies greatly from year to year, of kinds a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (1), item (xxiii)· applies throughout the law
Net Loss
「純損失の金額」
The part of a loss under Article 69, paragraph (1) that is left over after it has been offset against other income under that Article.
Defined inArticle 2, paragraph (1), item (xxv)· applies throughout the law
Disaster
「災害」
An earthquake, storm, flood, fire or other disaster a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (1), item (xxvii)· applies throughout the law
Tax Return
「確定申告書」
A final tax return filed under Part II, Chapter V, Section 2, Subsections 1 and 2 of this Act (including by nonresidents under Article 166), including one filed after the deadline.
Defined inArticle 2, paragraph (1), item (xxxvii)· applies throughout the law
Blue Return
「青色申告書」
A final tax return, or an amended return to it, filed on the blue form by a person approved under Article 143 to do so.
Defined inArticle 2, paragraph (1), item (xl)· applies throughout the law
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.