Supplementary Provisions, Article 14Special Provisions on Calculation of the Tax Prepayment Calculation Base for 1965
第十四条(昭和四十年分の予定納税基準額の計算の特例)
With regard to a Resident's income tax for 1965, the tax prepayment calculation base prescribed in Article 104, paragraph (1) (Making Tax Prepayments) of the New Act (hereinafter referred to as the "tax prepayment calculation base") is to be the amount obtained by deducting the amount set forth in item (ii) from the amount set forth in item (i):
the amount of income tax on the person's taxable gross income for 1964 (if the Income in Each Class that served as the basis for calculating that taxable gross income included any amount of capital gains, occasional income, miscellaneous income, or Ad Hoc Income not falling under miscellaneous income, that amount of income tax is calculated by excluding those amounts in accordance with the provisions of the order based on Article 21-2, paragraph (1) (Tax Prepayment Calculation Base) of the Former Act, and, if Article 20 (Tax Exemption for the Manufacture of New Important Products and Similar Activities) of the Former Act or Article 2 (Reduction of or Exemption from Income Tax) of the Act on Reduction or Release, Deferment of Collection and Other Measures Related to Tax Imposed on Disaster Victims was applied to income tax for that year, it is calculated as if those provisions had not been applied), less the amount of income tax withheld or to be withheld on Each Class of Income concerned pursuant to Article 37, Article 38, Article 40, Article 41, paragraph (1), or Article 42 (Withholding of Income Tax) of the Former Act and the amount of income tax paid pursuant to Article 41, paragraph (2) of the Former Act (excluding income tax on occasional income, miscellaneous income, and Ad Hoc Income not falling under miscellaneous income);
その者の昭和三十九年分の課税総所得金額に係る所得税の額(当該課税総所得金額の計算の基礎となつた各種所得の金額のうちに譲渡所得、一時所得、雑所得又は雑所得に該当しない臨時所得の金額があつた場合には、旧法第二十一条の二第一項(予定納税基準額)の規定に基づく命令の規定に準じてこれらの金額を除外して計算したところにより、同年分の所得税について旧法第二十条(新規重要物産の製造等についての免税)又は災害被害者に対する租税の減免、徴収猶予等に関する法律第二条(所得税の軽減又は免除)の規定の適用があつた場合には、これらの規定の適用がなかつたものとして計算したところによる。)から、当該各種所得につき旧法第三十七条、第三十八条、第四十条、第四十一条第一項又は第四十二条(所得税の源泉徴収)の規定により徴収された又は徴収されるべき所得税の額及び旧法第四十一条第二項の規定により納付された所得税の額(一時所得、雑所得及び雑所得に該当しない臨時所得に係るものを除く。)を控除した金額
the deduction amount set forth in column A of Appended Table I of the Supplementary Provisions according to the taxable gross income that served as the basis for calculating the amount set forth in the preceding item (if an election under Article 14 (Calculation of Tax Amount Where There Is Fluctuating Income or Ad Hoc Income) of the Former Act has been made for income tax for 1964, the adjusted income prescribed in item (i) of that Article, and, if the Income in Each Class that served as the basis for calculating the taxable gross income for that year included any amount of capital gains, occasional income, miscellaneous income, or Ad Hoc Income not falling under miscellaneous income, the amount calculated by excluding those amounts in accordance with the provisions of the order based on Article 21-2, paragraph (1) of the Former Act; hereinafter referred to as the "taxable aggregate income and similar amount" in this Article) and according to whether there were a Claimable Spouse and dependents who served as the basis for calculating that taxable aggregate income and similar amount and, if so, their number.
前号に掲げる金額の計算の基礎となつた課税総所得金額(昭和三十九年分の所得税について旧法第十四条(変動所得又は臨時所得がある場合の税額の計算)の選択がされている場合には、同条第一号に規定する調整所得金額とし、同年分の課税総所得金額の計算の基礎となつた各種所得の金額のうちに譲渡所得、一時所得、雑所得又は雑所得に該当しない臨時所得の金額があつた場合には、旧法第二十一条の二第一項の規定に基づく命令の規定に準じてこれらの金額を除外して計算した金額とする。以下この条において「課税総所得金額等」という。)と当該課税総所得金額等の計算の基礎となつた控除対象配偶者及び扶養親族の有無並びにこれらの者の数に応じ、附則別表第一の甲欄に掲げる控除金額
The tax prepayment calculation base for 1965 as determined under the preceding paragraph for a Resident who had, among the dependents who served as the basis for calculating the taxable aggregate income and similar amount for income tax for 1964, dependents who were 12 years of age as of December 31, 1964 is to be the amount obtained by deducting, from the amount calculated pursuant to that paragraph, the total of the amounts calculated by multiplying the per-person deduction amount set forth in column B of Appended Table I of the Supplementary Provisions according to that taxable aggregate income and similar amount by the number of those dependents.
The tax prepayment calculation base for 1965 as determined under paragraph (1) for a Resident to whom Article 11-2, paragraph (2) or (3) (Deduction for Relatives Employed Only in the Business) of the Former Act was applied in calculating gross income for 1964 is to be the amount obtained by deducting, from the amount calculated pursuant to the preceding two paragraphs, the amount set forth in each of the following items according to the category of person set forth in that item:
a person to whom Article 11-2, paragraph (2) of the Former Act was applied: the total of the amounts calculated by multiplying the per-person deduction amount set forth in column C of Appended Table I of the Supplementary Provisions, according to the taxable aggregate income and similar amount for that person's income tax for 1964 and to the age as of December 31, 1964 of each person who was a relative employed only by a blue-return filer as prescribed in that paragraph for that person's income tax for that year, by the number of relatives employed only by a blue-return filer falling under each such category;
a person to whom Article 11-2, paragraph (3) of the Former Act was applied: the amount calculated by multiplying the per-person deduction amount set forth in column D of Appended Table I of the Supplementary Provisions, according to the taxable aggregate income and similar amount for that person's income tax for 1964, by the number of relatives employed only by the Resident as prescribed in that paragraph for that person's income tax for that year.
The calculation of the tax prepayment calculation base for 1965 where Article 11-3 (Calculation of Income and Related Matters Where a Household Member Has Asset Income) of the Former Act was applied to income tax for 1964 is specified by Cabinet Order.
昭和三十九年分の所得税につき旧法第十一条の三(世帯員が資産所得を有する場合の所得の計算等)の規定の適用があつた場合における昭和四十年分の予定納税基準額の計算については、政令で定める。
The tax prepayment calculation base for a Nonresident's income tax for 1965 is to be calculated in accordance with the provisions of the preceding paragraphs.
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
Nonresident
「非居住者」
An individual who is not a resident.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
Each Class of Income
「各種所得」
The ten classes of income this Act distinguishes: interest, dividend, real property, business, salary, retirement, timber, capital gains, occasional and miscellaneous income.
Defined inArticle 2, paragraph (1), item (xxi)· applies throughout the law
Income in Each Class
「各種所得の金額」
The amount of income in each of the ten classes of income this Act distinguishes (interest, dividend, real property, business, salary, retirement, timber, capital gains, occasional and miscellaneous), worked out under the rules for each.
Defined inArticle 2, paragraph (1), item (xxii)· 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
Ad Hoc Income
「臨時所得」
Income that arises on a one-off basis, such as a lump-sum signing fee received for agreeing to provide services, of kinds a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (1), item (xxiv)· applies throughout the law
Claimable Spousemachine translation
「控除対象配偶者」
A spouse in the same household (同一生計配偶者) of a resident whose own total income is 10 million yen or less.
Defined inArticle 2, paragraph (1), item (xxxiii-2)· applies throughout the law
dependentmachine translation
「扶養親族」
A relative of a resident other than their spouse, or a child placed with the resident as a foster parent under the Child Welfare Act or an elderly person placed in their care under the Act on Social Welfare for the Elderly, who shares the resident's household budget and has total income of 580,000 yen or less, other than one working full-time in the resident's business.
Defined inArticle 2, paragraph (1), item (xxxiv)· applies throughout the law
Tax Prepaymentmachine translation
「予定納税額」
The income tax that must be paid in advance during the year under Article 104, paragraph (1) or, for special farming income earners, Article 107, paragraph (1), including where Article 166 applies those rules to nonresidents.
Defined inArticle 2, paragraph (1), item (xxxvi)· applies throughout the law
withholding
「源泉徴収」
Collecting income tax at source when making a payment and paying it over to the government, under Part IV, Chapters I to VI of this Act.
Defined inArticle 2, paragraph (1), item (xlv)· applies throughout the law
the New Actmachine translation
「新法」
The Income Tax Act in the form this Act (Act No. 33 of 1965) gives it, as against the Income Tax Act it replaced.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Former Actmachine translation
「旧法」
The Act as it stood before the amendment these supplementary provisions deal with.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
tax prepayment calculation base
「予定納税基準額」
The base amount for a resident's income tax prepayments (予定納税) under Article 104, paragraph (1), as worked out for the income tax of 1965 by these supplementary provisions (附則): broadly the resident's 1964 income tax on regular income less the tax withheld at source on it, minus a deduction taken from Appended Table 1 of these supplementary provisions according to that income and the number of the resident's spouse and dependants.
Short name set inSupplementary Provisions, Article 14, paragraph (1)
taxable aggregate income and similar amountmachine translation
「課税総所得金額等」
In the rule of this Act's original supplementary provisions (附則) for working out a resident's tax prepayment base (予定納税基準額) for 1965: the taxable aggregate income for 1964 on which that year's tax was worked out, taking instead the adjusted income (調整所得金額) where the option under Article 14 of the former Income Tax Act for fluctuating or temporary income applied, and leaving out capital gains and occasional, miscellaneous and certain temporary income.
Short name set inSupplementary Provisions, Article 14, paragraph (1), item (ii)· applies only in this article
relative employed only by the Resident
「事業専従者」
In Appended Table 1 of this Act's original supplementary provisions (附則), which is used to work out the 1965 prepayment base, a relative working only in a resident's business, as defined in Article 11-2, paragraph (3) of the Income Tax Act as it stood before this Act replaced it, to whom that provision applied for the income tax of 1964.
Defined inSupplementary Provisions, Appended Table 1
relative employed only by a blue-return filer
「青色事業専従者」
In the table of this Act's original supplementary provisions (附則) used to work out the 1965 tax prepayment base (予定納税基準額), a relative working in a blue-return filer's business to whom Article 11-2, paragraph (2) of the former Income Tax Act (counting such a relative's pay as a necessary expense) was applied in the 1964 income tax.
Defined inSupplementary Provisions, Appended Table 1