Act on Special Measures Concerning Taxation

With regard to the application of the provisions of the preceding paragraph in the case where the medical care corporation referred to in that paragraph calculates the amount listed in Article 72, paragraph (1), item (i) of the Corporation Tax Act, the phrase "50,000,000 yen" in that paragraph is deemed to be replaced with "25,000,000 yen", the phrase "70,000,000 yen" is deemed to be replaced with "35,000,000 yen", the phrase "25,000,000 yen" is deemed to be replaced with "12,500,000 yen", the phrase "30,000,000 yen" is deemed to be replaced with "15,000,000 yen", and the phrase "40,000,000 yen" is deemed to be replaced with "20,000,000 yen".

The provisions of paragraph (1) do not apply if the final return, etc. does not contain a statement concerning the inclusion in deductible expenses of the expenses prescribed in that paragraph.

Even where a final return, etc. without the statement referred to in the preceding paragraph has been filed, the district director may, when the district director finds that there were unavoidable circumstances for the absence of the statement, apply the provisions of paragraph (1), only if a document containing that statement is submitted.

With regard to the income for each business year ending after the receipt of the approval of a medical care corporation that is a foundation, or a medical care corporation that is an association and has no provisions on equity interests (excluding one in liquidation), that has received the approval of the Commissioner of the National Tax Agency, pursuant to the provisions of Cabinet Order, as one that satisfies the requirements specified by Cabinet Order regarding its business significantly contributing to the spread and improvement of medical care, contribution to social welfare or other promotion of public interest and its being publicly operated (excluding a social medical care corporation prescribed in Article 42-2, paragraph (1) of the Medical Care Act), corporation tax is imposed at a tax rate of 19 percent, notwithstanding the provisions of Article 66, paragraphs (1), (2) and (6) of the Corporation Tax Act.

Where it is found that a medical care corporation that has received the approval referred to in the preceding paragraph has ceased to satisfy the requirements specified by Cabinet Order prescribed in that paragraph, the Commissioner of the National Tax Agency is to revoke that approval retroactively to the time when it is found to have ceased to satisfy them. In this case, the provisions of that paragraph do not apply to the income for each business year of that medical care corporation ending on or after the time when it is found to have ceased to satisfy them.

When the Commissioner of the National Tax Agency has granted the approval referred to in paragraph (1), has decided not to grant that approval, or has revoked that approval, the Commissioner must notify the medical care corporation that applied for the approval or the medical care corporation that had received the approval to that effect.

Where the provisions of paragraph (1) apply, with regard to the application of the provisions of Article 69, paragraph (1) of the Corporation Tax Act, the phrase "Article 66, paragraphs (1) through (3) (Tax Rate of Corporation Tax on Income for Each Business Year)" in that paragraph is deemed to be replaced with "Article 67-2, paragraph (1) (Special Provisions on the Corporation Tax Rate for Specified Medical Care Corporations) of the Act on Special Measures Concerning Taxation"; with regard to the application of the provisions of paragraph (14) of that Article, the phrase "Article 66, paragraphs (1), (3) and (6)" in that paragraph is deemed to be replaced with "Article 67-2, paragraph (1) of the Act on Special Measures Concerning Taxation", and the phrase "paragraph (1) of that Article" is deemed to be replaced with "Article 66, paragraph (1)"; with regard to the application of the provisions of paragraph (19) of that Article (including as applied mutatis mutandis pursuant to paragraph (23) or paragraph (24) of that Article), the phrase "Article 66, paragraphs (1) through (3) and (6)" in paragraph (19) of that Article is deemed to be replaced with "Article 67-2, paragraph (1) of the Act on Special Measures Concerning Taxation", and the phrase "these" is deemed to be replaced with "that paragraph"; and with regard to the application of the provisions of Article 72, paragraph (1) or Article 74, paragraph (1) of that Act, the phrase "the preceding Section (Calculation of Tax Amount)" in Article 72, paragraph (1), item (ii) or Article 74, paragraph (1), item (ii) of that Act is deemed to be replaced with "Article 67-2, paragraph (1) (Special Provisions on the Corporation Tax Rate for Specified Medical Care Corporations) of the Act on Special Measures Concerning Taxation and Subsection 2 (Tax Credits) of the preceding Section".

Beyond what is provided for in paragraphs (2) and (3), the procedures in the case where a corporation that has received the approval referred to in paragraph (1) intends to cease receiving the application of the provisions of that paragraph with regard to the income for each business year ending after the receipt of that approval, and other necessary matters concerning the application of the provisions of that paragraph and the preceding paragraph, are specified by Cabinet Order.

Where a qualified farmland-owning corporation prescribed in Article 2, paragraph (3) of the Cropland Act has sold, in any business year that includes a day within the period from April 1, 1981 to March 31, 2030, within that period, the beef cattle prescribed in each of the following items by the method of sale listed in that item, if the beef cattle sold include tax-exempt raised cattle (meaning beef cattle that fall under beef cattle registered by a registration specified by Cabinet Order based on the registration rules prescribed in Article 32-9, paragraph (1) of the Act on Improvement and Increased Production of Livestock that have been approved by the Minister of Agriculture, Forestry and Fisheries pursuant to the provisions of that paragraph, or beef cattle whose sale price is less than 1,000,000 yen (or less than 800,000 yen where the beef cattle sold fall under the category of crossbred cattle specified by Order of the Ministry of Finance, and less than 500,000 yen where they fall under the category of dairy cattle specified by Order of the Ministry of Finance); hereinafter the same applies in this Article), an amount equivalent to the amount of profit from that sale of the tax-exempt raised cattle of the qualified farmland-owning corporation (where the total number of head of beef cattle that fall under tax-exempt raised cattle in the business year that includes the day of the sale exceeds 1,500, excluding the amount of profit from the sale of the portion exceeding 1,500 head) is included in deductible expenses in calculating the amount of income for the business year that includes the day of the sale.

sale at a livestock market as prescribed in Article 2, paragraph (3) of the Livestock Transaction Act, a central wholesale market, or any other market specified by Cabinet Order: beef cattle raised by that qualified farmland-owning corporation;

sale entrusted to an agricultural cooperative or federation of agricultural cooperatives specified by Cabinet Order: beef cattle raised by that qualified farmland-owning corporation that are less than one year old after birth.

The beef cattle prescribed in the preceding paragraph means cattle other than the following cattle:

breeding bulls;

female dairy cattle that have been used for the production of calves.

The provisions of paragraph (1) apply only if the final return, etc. contains a statement concerning the inclusion in deductible expenses of the amount to be included in deductible expenses pursuant to the provisions of that paragraph, and has attached to it a written statement concerning the calculation of the amount to be included in deductible expenses and a document certifying that the sale of the tax-exempt raised cattle was made by a method of sale listed in the items of that paragraph, the sale price, and any other matters specified by Order of the Ministry of Finance. In this case, the amount to be included in deductible expenses pursuant to the provisions of that paragraph is to be limited to the amount that should be included in deductible expenses as stated in that statement.

Even where a final return, etc. without the statement or attachment referred to in the preceding paragraph has been filed, the district director may, when the district director finds that there were unavoidable circumstances for the absence of the statement or attachment, apply the provisions of paragraph (1), only if a document containing that statement, and the written statement and the certifying document referred to in that paragraph, are submitted.

With regard to the application of the provisions of paragraph (1) to a qualified farmland-owning corporation referred to in that paragraph whose business year is less than one year, the phrase "exceeds 1,500" in that paragraph is deemed to be replaced with "exceeds the number of head calculated by multiplying 1,500 head by the number of months in that business year and dividing the result by 12", and the phrase "the portion exceeding 1,500 head" is deemed to be replaced with "the portion exceeding the number of head so calculated".

The number of months referred to in the preceding paragraph is calculated in accordance with the calendar, and a fraction of less than one month is counted as one month.

With regard to the application of the provisions of Article 67, paragraphs (3) and (5) of the Corporation Tax Act, the amount included in deductible expenses pursuant to the provisions of paragraph (1) of a qualified farmland-owning corporation referred to in that paragraph to which the provisions of that paragraph have been applied is to be included in the amount of income, etc. prescribed in those provisions.

Beyond what is provided for in paragraph (2) through the preceding paragraph, the method of calculating the amount of profit from the sale of tax-exempt raised cattle, the calculation of the amount of revenue reserves of a qualified farmland-owning corporation referred to in paragraph (1) to which the provisions of that paragraph have been applied, and other necessary matters concerning the application of the provisions of that paragraph are specified by Cabinet Order.