Article 71-2Special Provisions on Deduction for Carryover of Casualty Loss Related to a Specified Extraordinary Disaster
第七十一条の二（特定非常災害に係る雑損失の繰越控除の特例）
If a Resident filing a Tax Return has a specified Casualty Loss, then, for the purpose of applying the provisions of the preceding Article for each year within the five years following the year in which the specified Casualty Loss arose, the phrase "Casualty Loss (" in paragraph (1) of that Article is deemed to be replaced with "Casualty Loss other than a specified Casualty Loss (meaning a specified Casualty Loss prescribed in paragraph (1) of the following Article; hereinafter the same applies in this paragraph) (", and the phrase "(Casualty Loss Deduction)) is" in that paragraph with "(Casualty Loss Deduction)) and a specified Casualty Loss that arose for the Resident in the five years prior to the relevant year (other than an amount deducted in or before the previous year pursuant to the provisions of this paragraph or paragraph (1) of that Article) is".
The specified Casualty Loss prescribed in the preceding paragraph means the portion of the Casualty Loss relating to the amount of loss arising from a specified extraordinary Disaster on the assets prescribed in paragraph (1) of the following Article that are held by the Resident or by the Resident's spouse or any other relative whose living expenses are paid from the same resources as the Resident and who is prescribed by Cabinet Order (including the amount of any unavoidable expense paid by the Resident in connection with the specified extraordinary Disaster that is prescribed by Cabinet Order, and excluding any part covered by insurance benefits, compensation for damage, or anything similar to these).
Read this with the articles around it
Resident
「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
Casualty Loss
「雑損失の金額」
The part of a year's losses from disaster, theft or embezzlement under Article 72, paragraph (1) that exceeds the threshold set there, which is deducted from income as the casualty loss deduction.
Defined inArticle 2, paragraph (1), item (xxvi)· 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
specified extraordinary Disastermachine translation
「特定非常災害」
An extraordinary disaster designated as a specified extraordinary disaster under Article 2, paragraph (1) of the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster (Act No. 85 of 1996).
Short name set inArticle 70-2, paragraph (1)· applies only in this provision and in Article 70-2, paragraph (4); and Article 71-2, paragraph (2)
specified Casualty Lossmachine translation
「特定雑損失金額」
A casualty loss arising from a specified extraordinary disaster (特定非常災害), of the kind Article 71-2 describes, which can be carried forward and deducted for five years.
Defined inArticle 71-2, paragraph (1)· applies only in this paragraph
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.