Article 72-15Method of Calculating the Remuneration and Salary Amount
第七十二条の十五(報酬給与額の算定の方法)
The remuneration and salary amount for each business year in the preceding Article is the total of the amounts listed in the following items (limited to those that are included in the amount of deductible expenses in calculating the income for corporation tax for that business year (excluding those specified by Cabinet Order), and those that are specified by Cabinet Order and paid out in that business year):
the total amount that a corporation pays out in each business year to its officers or employees as remuneration, salary, wages, bonuses, retirement allowances and other payments of a similar nature;
法人が各事業年度においてその役員又は使用人に対する報酬、給料、賃金、賞与、退職手当その他これらの性質を有する給与として支出する金額の合計額
the total amount of the contributions under Article 55, paragraph (1) of the Defined-Benefit Corporate Pension Act that a corporation pays out in each business year, under the rules for a defined-benefit corporate pension prescribed in Article 3, paragraph (1) of that Act, for participants prescribed in Article 2, paragraph (4) of that Act, and of other contributions that a corporation pays out for its officers or employees (including those similar thereto), that are specified by Cabinet Order.
法人が各事業年度において確定給付企業年金法第三条第一項に規定する確定給付企業年金に係る規約に基づいて同法第二条第四項に規定する加入者のために支出する同法第五十五条第一項の掛金その他の法人が役員又は使用人のために支出する掛金(これに類するものを含む。)で政令で定めるものの金額の合計額
Where a corporation, under a staffing contract or mariner dispatching contract prescribed in Article 26, paragraph (1) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985; hereinafter in this paragraph referred to as the "Worker Dispatching Act") or Article 66, paragraph (1) of the Mariners' Employment Security Act (Act No. 130 of 1948), has received the provision of services of worker dispatch (meaning worker dispatch prescribed in Article 2, item (i) of the Worker Dispatching Act; the same applies hereinafter in this paragraph) or mariner dispatching (meaning mariner dispatching prescribed in Article 6, paragraph (13) of the Mariners' Employment Security Act; the same applies hereinafter in this paragraph), or has carried out worker dispatch or mariner dispatching, then notwithstanding the provisions of the preceding paragraph, the amount specified in the relevant item in accordance with the category of corporations listed in the following items is the remuneration and salary amount of that corporation:
法人が労働者派遣事業の適正な運営の確保及び派遣労働者の保護等に関する法律(昭和六十年法律第八十八号。以下この項において「労働者派遣法」という。)第二十六条第一項又は船員職業安定法(昭和二十三年法律第百三十号)第六十六条第一項に規定する労働者派遣契約又は船員派遣契約に基づき、労働者派遣(労働者派遣法第二条第一号に規定する労働者派遣をいう。以下この項において同じ。)若しくは船員派遣(船員職業安定法第六条第十三項に規定する船員派遣をいう。以下この項において同じ。)の役務の提供を受け、又は労働者派遣若しくは船員派遣をした場合には、前項の規定にかかわらず、次の各号に掲げる法人の区分に応じ、当該各号に定める金額をもつて当該法人の報酬給与額とする。
a corporation that has received the provision of services of worker dispatch or mariner dispatching: the amount obtained by adding, to the total amount prescribed in the preceding paragraph, the amount obtained by multiplying by the ratio of 75/100 the amount that it pays in each business year to the person that carried out that worker dispatch or that mariner dispatching as consideration for the provision of services of that worker dispatch or that mariner dispatching (limited to those that are included in the amount of deductible expenses in calculating the income for corporation tax for that business year (excluding those specified by Cabinet Order), and those that are specified by Cabinet Order and paid in that business year);
a corporation that has carried out worker dispatch or mariner dispatching: the amount obtained by deducting from the total amount prescribed in the preceding paragraph the amount obtained by multiplying by the ratio of 75/100 the amount that it receives in each business year as consideration for that worker dispatch or that mariner dispatching from the person that received the provision of services of that worker dispatch or that mariner dispatching (limited to those that are included in the amount of gross profits in calculating the income for corporation tax for that business year), up to the limit of the total amount prescribed in the preceding paragraph relating to the dispatched worker relating to that worker dispatch (meaning a dispatched worker prescribed in Article 2, item (ii) of the Worker Dispatching Act) or the dispatched mariner relating to that mariner dispatching (meaning a dispatched mariner prescribed in Article 6, paragraph (14) of the Mariners' Employment Security Act).
Article 72-16Method of Calculating Net Interest Paid
第七十二条の十六(純支払利子の算定の方法)
The net interest paid for each business year in Article 72-14 is the amount obtained by deducting from the total amount of the amounts of interest paid for each business year (limited to those that are included in the amount of deductible expenses in calculating the income for corporation tax for that business year (excluding those specified by Cabinet Order), and those that are specified by Cabinet Order and paid in that business year) the total amount of the amounts of interest received for each business year (limited to those that are included in the amount of gross profits in calculating the income for corporation tax for that business year), up to the limit of the former total amount.
The interest paid in the preceding paragraph means interest on debts that a corporation pays in each business year (including those specified by Cabinet Order as similar thereto).
The interest received in paragraph (1) means interest that a corporation receives in each business year (including those specified by Cabinet Order as similar thereto).
Article 72-17Method of Calculating Net Rent Paid
第七十二条の十七(純支払賃借料の算定の方法)
The net rent paid for each business year in Article 72-14 is the amount obtained by deducting from the total amount of the rent paid for each business year (meaning, of the rent paid, those that are included in the amount of deductible expenses in calculating the income for corporation tax for that business year (excluding those specified by Cabinet Order), and those that are specified by Cabinet Order and paid in that business year) the total amount of the rent received for each business year (meaning, of the rent received, those that are included in the amount of gross profits in calculating the income for corporation tax for that business year), up to the limit of the former total amount.
The rent paid in the preceding paragraph means the amount (including those specified by Cabinet Order as similar thereto) that a corporation is to pay as consideration for a right of lease of land or a house (meaning a dwelling, store, factory, warehouse or other building; the same applies hereinafter in this paragraph) (including structures and ancillary facilities that serve a function integrally with them; the same applies hereinafter in this paragraph) (excluding one relating to a lease transaction prescribed in Article 64-2, paragraph (3) of the Corporation Tax Act), a superficies right, emphyteusis or any other right for the purpose of the use or profit of land or a house, the duration of which is one month or more (hereinafter in this paragraph and the following paragraph referred to as a "right of lease, etc.") (including those specified by Cabinet Order as consideration for the provision of services relating to that right of lease, etc.; the same applies in the following paragraph), in each business year on or after the business year in which the contract relating to that right of lease, etc. was concluded.
前項の支払賃借料とは、法人が土地又は家屋(住宅、店舗、工場、倉庫その他の建物をいう。以下この項において同じ。)(これらと一体となつて効用を果たす構築物及び附属設備を含む。以下この項において同じ。)の賃借権(法人税法第六十四条の二第三項に規定するリース取引に係るものを除く。)、地上権、永小作権その他の土地又は家屋の使用又は収益を目的とする権利で、その存続期間が一月以上であるもの(以下この項及び次項において「賃借権等」という。)の対価(当該賃借権等に係る役務の提供の対価として政令で定めるものを含む。次項において同じ。)として、その賃借権等に係る契約をした事業年度以後の各事業年度において支払うこととされている金額(これに準ずるものとして政令で定めるものを含む。)をいう。
The rent received in paragraph (1) means the amount (including those specified by Cabinet Order as similar thereto) that a corporation is to receive as consideration for a right of lease, etc. in each business year on or after the business year in which the contract relating to that right of lease, etc. was concluded.
Article 72-18Method of Calculating Single-Year Profit or Loss
第七十二条の十八(単年度損益の算定の方法)
The single-year profit or loss for each business year in Article 72-14 is to be calculated as specified in the relevant item, in accordance with the category of corporations listed in the following items:
a domestic corporation prescribed in the following Article: it is the amount obtained by deducting the amount of deductible expenses from the amount of gross profits for each business year, and is calculated in accordance with the rules for calculating the income that is the tax base of corporation tax for that business year, except as otherwise specially provided in this Act or by Cabinet Order;
a foreign corporation: it is the combined amount of the amount of income or the amount of loss relating to domestic source income listed in Article 141, item (i), (a) of the Corporation Tax Act for each business year (meaning, as to the amount of loss, the amount of loss prescribed in Article 2, item (xix) of that Act; the same applies hereinafter in this item) and the amount of income or the amount of loss relating to domestic source income listed in Article 141, item (i), (b) of that Act, and is calculated in accordance with the rules for calculating the income relating to domestic source income listed in Article 141, item (i), (a) of that Act and the income relating to domestic source income listed in Article 141, item (i), (b) of that Act, which are the tax base of corporation tax for that business year, except as otherwise specially provided in this Act or by Cabinet Order.
外国法人 各事業年度の法人税法第百四十一条第一号イに掲げる国内源泉所得に係る所得の金額又は欠損金額(同法第二条第十九号に規定する欠損金額をいう。以下この号において同じ。)及び同法第百四十一条第一号ロに掲げる国内源泉所得に係る所得の金額又は欠損金額の合算額によるものとし、この法律又は政令で特別の定めをする場合を除くほか、当該各事業年度の法人税の課税標準である同号イに掲げる国内源泉所得に係る所得及び同号ロに掲げる国内源泉所得に係る所得の計算の例によつて算定する。
In calculating the single-year profit or loss for each business year in Article 72-14 pursuant to the preceding paragraph, the calculation is not to be made in accordance with the rules of Article 27, Article 57, Article 57-2, Article 59, paragraph (5), Article 64-5 and Article 64-8 of the Corporation Tax Act, and Article 55 (excluding the portion relating to those specified by Cabinet Order among the specified shares, etc. prescribed in paragraphs (1) and (8) of that Article), Article 59-2 and Article 66-5-3 (excluding the portion relating to paragraph (2)) of the Act on Special Measures Concerning Taxation.
第七十二条の十九(この法律の施行地外において事業を行う内国法人の付加価値割の課税標準の算定)
The tax base of the value-added levy for a corporation that has its principal office or place of business in the area of application of this Act (hereinafter in this Section referred to as a "domestic corporation") and has a place specified by Cabinet Order where its business is conducted outside the area of application of this Act (hereinafter in this Section referred to as a "specified domestic corporation") is the amount obtained by deducting the value added attributable to business outside the area of application of this Act from the total amount of value added of the business of that specified domestic corporation. In this case, if it is difficult to calculate the value added attributable to business outside the area of application of this Act, the amount calculated as specified by Cabinet Order is deemed to be the value added attributable to the business of that specified domestic corporation outside the area of application of this Act.
この法律の施行地に主たる事務所又は事業所を有する法人(以下この節において「内国法人」という。)で、この法律の施行地外にその事業が行われる場所で政令で定めるものを有するもの(以下この節において「特定内国法人」という。)の付加価値割の課税標準は、当該特定内国法人の事業の付加価値額の総額からこの法律の施行地外の事業に帰属する付加価値額を控除して得た額とする。この場合において、この法律の施行地外の事業に帰属する付加価値額の計算が困難であるときは、政令で定めるところにより計算した金額をもつて、当該特定内国法人のこの法律の施行地外の事業に帰属する付加価値額とみなす。
第七十二条の二十(収益配分額のうちに報酬給与額の占める割合が高い法人の付加価値割の課税標準の算定)
In calculating the tax base for the value-added levy of a corporation whose ratio of the remuneration and salary amount for the business year to the income allocation amount for the business year exceeds 70 percent, the employment stability deduction amount is to be deducted from the value added for the business year (where there is an amount to be deducted under the preceding Article, the amount after deducting it).
The employment stability deduction amount in the preceding paragraph is the amount obtained by deducting, from the remuneration and salary amount for the business year, the amount obtained by multiplying the income allocation amount for the business year by 70 percent.
The income allocation amount or remuneration and salary amount for the business year in the preceding two paragraphs is, for a specified domestic corporation, the amount obtained by deducting the income allocation amount or remuneration and salary amount attributable to business outside the area where this Act is enforced, respectively, from the total amount of the income allocation amount or remuneration and salary amount of the business of that specified domestic corporation. In this case, where the latter part of the preceding Article applies to that specified domestic corporation, the amount calculated as provided by Cabinet Order is deemed to be the income allocation amount or remuneration and salary amount of that specified domestic corporation attributable to business outside the area where this Act is enforced.
foreign corporationmachine translation
「外国法人」
A corporation that has neither its head office nor its principal office in Japan, the area where the Local Tax Act applies.
Short name set inArticle 72, paragraph (1), item (v)· applies only in this section
business yearmachine translation
「事業年度」
In the section on enterprise tax (事業税), a business year set by laws and regulations, articles of incorporation, acts of endowment, rules or by-laws, or a similar period, or, for a corporation with none, a period set as paragraphs 2 and 3 of Article 72-13 provide.
Defined inArticle 72-13, paragraph (1)· applies only in this section
income allocation amountmachine translation
「収益配分額」
The total of a business year's remuneration and salaries (報酬給与額), net interest paid (純支払利子) and net rent paid (純支払賃借料), which together with the year's single-year profit or loss (単年度損益) makes up the value added (付加価値額) for the value added levy of enterprise tax (事業税).
Short name set inArticle 72-14, paragraph (1)· applies only in this provision and in Article 72-20
worker dispatchmachine translation
「労働者派遣」
Worker dispatch as defined in Article 2, item 1 of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers: having workers one employs work for another person, under that person's direction and orders, while they stay in one's own employment, not including an arrangement in which one agrees with that person that it will employ them.
Defined inArticle 72-15, paragraph (2)· applies only in this paragraph
Worker Dispatching Actmachine translation
「労働者派遣法」
Short name for the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985).
Short name set inArticle 72-15, paragraph (2)· applies only in this paragraph
mariner dispatchingmachine translation
「船員派遣」
The dispatch of mariners, as defined in Article 6(13) of the Mariners' Employment Security Act: a shipowner having mariners it regularly employs work as mariners for another person, under that person's direction, while they stay in the shipowner's employment, not counting an arrangement in which the shipowner agrees to have the other person employ them.
Defined inArticle 72-15, paragraph (2)· applies only in this paragraph
housemachine translation
「家屋」
In Article 72-17, paragraph 2, a dwelling, shop, factory, warehouse or other building.
Defined inArticle 72-17, paragraph (2)· applies only in this paragraph
right of lease, etc.machine translation
「賃借権等」
A right of lease (賃借権) of land or a building (other than one under a lease transaction as defined in Article 64-2, paragraph 3 of the Corporation Tax Act), a superficies (地上権), a farming right (永小作権) or another right to use land or a building, lasting one month or more, whose consideration counts as rent paid (支払賃借料) in computing added value (付加価値額) for the enterprise tax (事業税).
Short name set inArticle 72-17, paragraph (2)· applies only in this paragraph and in Article 72-17, paragraph (3)
deficitmachine translation
「欠損金額」
A loss as defined in Article 2, item 19 of the Corporation Tax Act: the amount by which a corporation's deductible expenses (損金) for a business year exceed its gross revenue (益金) for that year in computing its income.
Defined inArticle 72-18, paragraph (1), item (ii)· applies only in this item
domestic corporationmachine translation
「内国法人」
A corporation with its principal office or place of business in the area where this Act applies (この法律の施行地), as the Section on enterprise tax (事業税) uses the term.
Short name set inArticle 72-19, paragraph (1)· applies only in this section
specified domestic corporationmachine translation
「特定内国法人」
In the section on enterprise tax (事業税), a domestic corporation (内国法人 — one with its main office or place of business in Japan) that has a place, of a kind a Cabinet Order (政令) sets, outside Japan where its business is carried on.
Short name set inArticle 72-19, paragraph (1)· applies only in this section
landmachine translation
「土地」
Rice paddies, upland fields, building land, salt fields, mineral spring sites (鉱泉地), ponds and marshes, forests, pastures, wilderness (原野) and any other land, for the special land holding tax (特別土地保有税).
Defined inArticle 585, paragraph (2)
right of lease
賃借権
The right a lessee (賃借人) has under a lease (賃貸借): to use the leased thing and take what it yields, in return for paying rent (Civil Code, Article 601). The lessee may not transfer it, or sublet the thing, without the lessor's (賃貸人) consent (Article 612, paragraph (1)). A registered lease of land or a building can be asserted against a person who acquires a right in rem (物権) in the property, such as a buyer, and against other third parties (Article 605), and a right of lease can be registered (Real Property Registration Act, Article 3, item (viii)). The Act on Land and Building Leases also protects a tenant who has not registered the lease: a right to use land for a building (借地権) can be asserted against third parties once the tenant owns a registered building on the land (Article 10, paragraph (1)), and a building lease takes effect against anyone who later acquires a right in rem in the building once the building has been handed over (Article 31).
Written by AI using Civil Code, Arts. 601, 605, 612, Real Property Registration Act, Art. 3 and Act on Land and Building Leases, Arts. 10, 31 as a reference.
superficies
地上権
A right to use another person's land in order to own buildings or other structures, or trees or bamboo, on it (Civil Code, Article 265). It can be entered in the land register (Real Property Registration Act, Article 3, item (ii)). The Act on Land and Building Leases counts a superficies held in order to own a building as a land leasehold right (借地権), just as it counts a lease of land for that purpose (Article 2, item (i)).
Written by AI using Civil Code, Art. 265, Real Property Registration Act, Art. 3 and Act on Land and Building Leases, Art. 2 as a reference.