Article 9-4Special Provisions on Trusts for Which There Is No Beneficiary, etc.
第九条の四（受益者等が存しない信託等の特例）
In the case where a trust for which there is no beneficiary, etc. takes effect, when the person who becomes a beneficiary, etc. of the trust is a person specified by Cabinet Order as a relative of the settlor of the trust (hereinafter referred to in this Article and the following Article as a "relative") (in the case where the person who becomes a beneficiary, etc. of the trust is not clear, when a relative of the settlor is to receive delivery of the residual assets of the trust upon the termination of the trust), the trustee of the trust is deemed, at the time the trust takes effect, to have acquired the rights relating to the trust from the settlor by gift (by bequest, in the case where the trust takes effect by reason of the death of the settlor).
With respect to a trust for which there is a beneficiary, etc., in the case where there ceases to be a beneficiary, etc. of the trust (hereinafter in this paragraph referred to as the "case where there ceases to be a beneficiary, etc."), when the person who is to become the beneficiary, etc. next after that beneficiary, etc. is the settlor at the time the trust took effect or a relative of the beneficiary, etc. preceding that next beneficiary, etc. (in the case where the person who is to become the next beneficiary, etc. is not clear, when the settlor or a relative of the beneficiary, etc. preceding the person who is to become the next beneficiary, etc. is to receive delivery of the residual assets of the trust upon the termination of the trust), the trustee of the trust is deemed, at the time of coming to fall under the case where there ceases to be a beneficiary, etc., to have acquired the rights relating to the trust from the beneficiary, etc. preceding the person who is to become the next beneficiary, etc. by gift (by bequest, in the case where the beneficiary, etc. preceding the person who is to become the next beneficiary, etc. ceases to exist by reason of the death of that preceding beneficiary, etc.).
受益者等の存する信託について、当該信託の受益者等が存しないこととなつた場合（以下この項において「受益者等が不存在となつた場合」という。）において、当該受益者等の次に受益者等となる者が当該信託の効力が生じた時の委託者又は当該次に受益者等となる者の前の受益者等の親族であるとき（当該次に受益者等となる者が明らかでない場合にあつては、当該信託が終了した場合に当該委託者又は当該次に受益者等となる者の前の受益者等の親族が当該信託の残余財産の給付を受けることとなるとき）は、当該受益者等が不存在となつた場合に該当することとなつた時において、当該信託の受託者は、当該次に受益者等となる者の前の受益者等から当該信託に関する権利を贈与（当該次に受益者等となる者の前の受益者等の死亡に基因して当該次に受益者等となる者の前の受益者等が存しないこととなつた場合にあつては、遺贈）により取得したものとみなす。
In the case where the provisions of the preceding two paragraphs apply, if the trustee of those trusts is other than an individual, the trustee is deemed to be an individual, and the provisions of this Act and other laws and regulations concerning inheritance tax or gift tax apply accordingly.
前二項の規定の適用がある場合において、これらの信託の受託者が個人以外であるときは、当該受託者を個人とみなして、この法律その他相続税又は贈与税に関する法令の規定を適用する。
In the case where the provisions of the preceding three paragraphs apply, from the amount of gift tax or inheritance tax imposed on the trustee referred to in paragraph (1) or (2) pursuant to those provisions, an amount equivalent to the amount of corporation tax and other taxes to be imposed on that trustee is to be deducted, as provided by Cabinet Order.