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Article 37-6第三十七条の六
Special Provisions on Taxation in the Case of Acquisition of Land, etc. through Specified Exchange and Consolidation（特定の交換分合により土地等を取得した場合の課税の特例）
Article 37-6, paragraph (1)
Where land or a right existing on land held by an individual (excluding that which falls under inventory assets prescribed in Article 2, paragraph (1), item (xvi) of the Income Tax Act or other assets equivalent thereto specified by Cabinet Order; hereinafter referred to as "land, etc." in this paragraph and paragraph (4)) comes to fall under any of the cases listed in the following items, the provisions of Article 31 or Article 32 apply by deeming that the land, etc. transferred (the transfer includes lending of real property, etc. giving rise to capital gains; hereinafter the same applies in this paragraph, paragraph (4) and paragraph (5)) through the exchange and consolidation prescribed in the relevant item (where the individual has acquired the settlement money prescribed in the relevant item together with the land, etc. prescribed in that item, the portion of the land, etc. so transferred specified by Cabinet Order as the portion other than that corresponding to the amount of the settlement money) was not transferred:
where the individual has made a transfer of land, etc. (excluding a transfer to which the provisions of Articles 34 through 34-3, Article 35-2, Article 35-3, Article 37 or Article 37-4 apply) through an exchange and consolidation under Article 13-2, paragraph (2) of the Act on Establishment of Agricultural Promotion Regions, and has acquired land, etc. through that exchange and consolidation (including the case where the individual has acquired, together with that land, etc., settlement money under Article 102, paragraph (4) of the Land Improvement Act as applied mutatis mutandis pursuant to Article 13-5 of that Act);
where the individual has made a transfer of land, etc. (limited to land, etc. held by an individual who is a member of an agricultural and residential land cooperative or by any other person specified by Cabinet Order) (excluding a transfer to which the provisions of Article 33, Article 33-4, Articles 34 through 35-3, Article 36-2, Article 36-5, Article 37, Article 37-4 or the preceding Article apply) through an exchange and consolidation under Article 7, paragraph (2), item (iii) of the Farming and Residence Association Act (Act No. 86 of 1980) (limited to one carried out within an area specified by Cabinet Order as provided for in Chapter II, Section 3 of that Act), and has acquired land, etc. through that exchange and consolidation (including the case where the individual has acquired, together with that land, etc., settlement money under Article 102, paragraph (4) of the Land Improvement Act as applied mutatis mutandis pursuant to Article 11 of that Act).
The provisions of the preceding paragraph apply only where the tax return for the year for which the individual seeks the application of the provisions of that paragraph contains a statement to the effect that the individual seeks the application of the provisions of that paragraph, and has attached to it a document specified by Order of the Ministry of Finance as a copy of the exchange and consolidation plan pertaining to the exchange and consolidation prescribed in the items of that paragraph.
Even if a tax return is not filed, or a tax return is filed without the statement or document referred to in the preceding paragraph, the district director may apply the provisions of paragraph (1) if the district director finds that there were unavoidable circumstances for the failure to file the tax return or to include the statement or document, but only if a document giving that statement and the document prescribed by Order of the Ministry of Finance referred to in that paragraph are submitted.
Where, with respect to land, etc. acquired through the exchange and consolidation prescribed in the items of paragraph (1) by an individual who has received the application of the provisions of that paragraph (hereinafter referred to as an "asset acquired by exchange" in this paragraph and the following paragraph), there is a transfer, inheritance, bequest or gift on or after the date of its acquisition, and the amount of business income, the amount of capital gains or the amount of miscellaneous income pertaining to the asset acquired by exchange is calculated, the time of acquisition of the land, etc. transferred through the exchange and consolidation (hereinafter referred to as an "asset transferred by exchange" in this paragraph) is the time of acquisition of the asset acquired by exchange, and the sum of the following amounts is its acquisition price:
the acquisition price, etc. of the asset transferred by exchange (where there are expenses incurred for the transfer of the asset transferred by exchange, the amount obtained by adding the amount of those expenses, and where the individual has acquired the settlement money prescribed in the items of paragraph (1) together with the asset acquired by exchange, the amount calculated pursuant to the provisions of Cabinet Order as the amount of the portion of the acquisition price, etc. and the amount of the expenses incurred for the transfer other than the portion corresponding to the amount of the settlement money);
where the individual has acquired the asset acquired by exchange by paying the settlement money prescribed in the items of paragraph (1) together with the asset transferred by exchange, the amount of the settlement money;
where there are expenses incurred to acquire the asset acquired by exchange, the amount of those expenses.
交換取得資産を取得するために要した経費の額がある場合には、当該経費の額
Article 37-6, paragraph (5)
When the amount of business income, the amount of capital gains or the amount of miscellaneous income pertaining to the transfer of an asset acquired by exchange is calculated, a statement to the effect that the acquisition price of the asset acquired by exchange has been calculated pursuant to the provisions of the preceding paragraph and the details of the calculation are to be stated in the tax return.
Special Provisions on Taxation of Capital Gains in the Case of Exchange of Specified Ordinary Property for Its Adjacent Land, etc.（特定普通財産とその隣接する土地等の交換の場合の譲渡所得の課税の特例）
Article 37-8, paragraph (1)
Where an individual, with respect to land held by the individual that is adjacent to ordinary property under Article 9, paragraph (2) of the Act on Special Measures concerning National Property (Act No. 219 of 1952) which has been certified, pursuant to the provisions of Order of the Ministry of Finance, as land, etc. prescribed in that paragraph (hereinafter referred to as "specified ordinary property" in this paragraph and paragraph (3)) (the land includes a right existing on the specified ordinary property, and excludes that which falls under inventory assets prescribed in Article 2, paragraph (1), item (xvi) of the Income Tax Act or other assets equivalent thereto specified by Cabinet Order; hereinafter referred to as "owned adjacent land, etc." in this paragraph and paragraph (4)), exchanges, pursuant to Article 9, paragraph (2) of the Act on Special Measures concerning National Property, the owned adjacent land, etc. for the specified ordinary property (excluding an exchange specified by Cabinet Order; hereinafter the same applies in this paragraph) (including the case where the individual receives or pays an exchange balancing payment), the provisions of Article 31 or Article 32 apply by deeming that the owned adjacent land, etc. (where the individual has received an exchange balancing payment together with the specified ordinary property, excluding the portion of the owned adjacent land, etc. specified by Cabinet Order as corresponding to the exchange balancing payment) was not exchanged.
The provisions of Article 37, paragraphs (6) and (7) apply mutatis mutandis where the provisions of the preceding paragraph apply. In this case, the terms and phrases listed in the middle column of the following table that appear in the provisions listed in the left-hand column of that table are deemed to be replaced with the terms and phrases listed in the right-hand column of that table.
Article 37, paragraph (6)
paragraph (1)
Article 37-8, paragraph (1)
the transfer referred to in that paragraph
the exchange prescribed in that paragraph of the owned adjacent land, etc. prescribed in that paragraph (hereinafter referred to as "owned adjacent land, etc.")
the transfer price of the asset so transferred, the acquisition price of the replacement asset or its estimated amount
the value, as of the date of the exchange, of the owned adjacent land, etc. transferred through the exchange and of the specified ordinary property prescribed in that paragraph acquired through the exchange (hereinafter referred to as "specified ordinary property") (where the exchange balancing payment prescribed in that paragraph was received or paid, the value of the owned adjacent land, etc. and of the specified ordinary property and the amount of the exchange balancing payment)
A person who files the tax return prescribed in Article 37, paragraph (6) as applied mutatis mutandis pursuant to the preceding paragraph must, pursuant to the provisions of Cabinet Order, submit to the district director with jurisdiction over the place for tax payment a document specified by Order of the Ministry of Finance concerning the details of the specified ordinary property acquired through the exchange prescribed in paragraph (1) (referred to as an "asset acquired by exchange" in the following paragraph and paragraph (5)).
Where, with respect to the asset acquired by exchange of a person who has received the application of the provisions of paragraph (1), there is a transfer (including lending of real property, etc. giving rise to capital gains; the same applies in the following paragraph), inheritance, bequest or gift of the asset acquired by exchange on or after the date of its acquisition, and the amount of business income, the amount of capital gains or the amount of miscellaneous income is calculated, the acquisition price of the asset acquired by exchange is, pursuant to the provisions of Cabinet Order, the amount specified in the following items according to the category of cases listed in those items (where there are expenses incurred for the exchange referred to in paragraph (1) of the owned adjacent land, etc., the amount obtained by adding the amount of those expenses calculated pursuant to the provisions of Cabinet Order):
where an exchange balancing payment was received together with the asset acquired by exchange through the exchange referred to in paragraph (1): the amount calculated pursuant to the provisions of Cabinet Order as the amount of the portion of the acquisition price of the owned adjacent land, etc. transferred through the exchange other than the portion corresponding to the exchange balancing payment;
where, on the date of the exchange referred to in paragraph (1), the value of the owned adjacent land, etc. transferred through the exchange is equal to the value of the asset acquired by exchange: the amount equivalent to the acquisition price of the owned adjacent land, etc. transferred through the exchange;
where the asset acquired by exchange was acquired through the exchange referred to in paragraph (1) (limited to the case where an exchange balancing payment was paid): the amount equivalent to the amount obtained by adding the amount of the exchange balancing payment to the acquisition price of the owned adjacent land, etc. transferred through the exchange.
When the amount of business income, the amount of capital gains or the amount of miscellaneous income pertaining to the transfer of an asset acquired by exchange is calculated, a statement to the effect that the acquisition price of the asset acquired by exchange has been calculated pursuant to the provisions of the preceding paragraph and the details of the calculation are to be stated in the tax return.
Beyond what is specified in paragraph (2) through the preceding paragraph, necessary matters concerning the application of the provisions of paragraph (1) are specified by Cabinet Order.