Act on Special Measures Concerning Taxation

In the case where there is a person who has acquired property by inheritance or bequest (including a gift relating to property acquired by gift from the decedent relating to that inheritance which is subject to the provisions of Article 21-9, paragraph (3) of the Inheritance Tax Act (including as applied mutatis mutandis pursuant to Article 70-2-6, paragraph (1), Article 70-2-7, paragraph (1) (including as applied mutatis mutandis pursuant to Article 70-2-8) or Article 70-3, paragraph (1); the same applies hereinafter in this paragraph); the same applies hereinafter in this Article and in Article 69-8) before the specified extraordinary Disaster occurrence date referred to in Article 2, paragraph (1) of the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster relating to a specified extraordinary Disaster (meaning an extraordinary disaster designated as a specified extraordinary Disaster pursuant to the provisions of Article 2, paragraph (1) of that Act; the same applies in paragraph (1) of the following Article) (referred to as the "specified extraordinary Disaster occurrence date" hereinafter through Article 69-8), and the due date for filing the return to be filed pursuant to the provisions of Article 27, paragraph (1) of the Inheritance Tax Act relating to that inheritance or bequest falls on or after that specified extraordinary Disaster occurrence date, if, among the property that the person acquired by that inheritance or bequest or the property that the person acquired by gift (limited to property acquired during the period from January 1 of the year that includes that specified extraordinary Disaster occurrence date (or, in the case where that specified extraordinary Disaster occurrence date falls within the period from January 1 until the due date for filing the return to be filed pursuant to the provisions of Article 28, paragraph (1) of that Act, the preceding year; the same applies in paragraph (1) of the following Article and in Article 69-8, paragraph (3)) until the day before that specified extraordinary Disaster occurrence date which is subject to the provisions of Article 19 or Article 21-9, paragraph (3) of that Act) and which the person owned on that specified extraordinary Disaster occurrence date, there is land or rights existing on land (referred to as "specified land, etc." in this paragraph, the following paragraph and paragraph (1) of the following Article) located within an area to which the provisions of Article 3, paragraph (1) of the Act on Support for Reconstructing Livelihoods of Disaster Victims apply due to that specified extraordinary Disaster (or, in the case where the provisions of that paragraph do not apply, an area designated by the Minister of Finance as an area that has suffered considerable damage due to that specified extraordinary Disaster; referred to as a "specified area" in this paragraph and paragraph (4)), or shares or capital contributions of a corporation specified by Cabinet Order as a corporation with a high ratio of assets held within a specified area (excluding shares listed on a financial instruments exchange prescribed in Article 2, paragraph (16) of the Financial Instruments and Exchange Act and others specified by Cabinet Order as similar thereto; referred to as "specified shares, etc." in this paragraph, the following paragraph and paragraph (1) of the following Article), then, with regard to that specified land, etc. or those specified shares, etc., the value to be included in the taxable value for inheritance tax prescribed in Article 11-2 of the Inheritance Tax Act or the value of the property acquired by gift that is added to that taxable value for inheritance tax pursuant to the provisions of Article 19 or Article 21-15 of that Act may, notwithstanding the provisions of Article 22 of that Act, be the amount specified by Cabinet Order as the value immediately after the occurrence of that specified extraordinary Disaster.

The provisions of the preceding paragraph apply mutatis mutandis in the case where, before the specified extraordinary Disaster occurrence date, there is a person who has been granted all or part of the inherited property prescribed in Article 958-2, paragraph (1) of the Civil Code pursuant to the provisions of that paragraph, and the due date for filing the return to be filed pursuant to the provisions of Article 29, paragraph (1) or Article 31, paragraph (2) of the Inheritance Tax Act relating to the bequest of all or part of that inherited property falls on or after that specified extraordinary Disaster occurrence date, if, among all or part of that inherited property that the person owned on that specified extraordinary Disaster occurrence date, there is specified land, etc. or specified shares, etc.

The provisions of the preceding two paragraphs apply only in the case where the return prescribed in those provisions (including a tax return form filed after the due date and an amended return form relating to those returns) or the written request for reassessment prescribed in Article 23, paragraph (3) of the Act on General Rules for National Taxes contains a statement to the effect that the person seeks the application of those provisions; provided, however, that this does not apply if the district director finds that there were unavoidable circumstances for the absence of that statement.

When the Minister of Finance has designated a specified area pursuant to the provisions of paragraph (1), the Minister of Finance is to give public notice of it.

In the case where there is specified land, etc. or specified shares, etc. among the property that an individual has acquired by gift during the period from January 1 of the year that includes the specified extraordinary Disaster occurrence date until the day before that specified extraordinary Disaster occurrence date and that the individual owned on that specified extraordinary Disaster occurrence date, the value to be included in the taxable value for gift tax prescribed in Article 21-2 or Article 21-10 of the Inheritance Tax Act with regard to that specified land, etc. or those specified shares, etc. may, notwithstanding the provisions of Article 22 of that Act, be the amount specified by Cabinet Order as the value immediately after the occurrence of the specified extraordinary Disaster relating to that specified extraordinary Disaster occurrence date.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis in the case where a person seeks the application of the provisions of the preceding paragraph. In this case, the phrase "the return prescribed in those provisions (including a return filed after the due date and an amended return relating to those returns" in paragraph (3) of that Article is deemed to be replaced with "the return under the provisions of Article 28 of the Inheritance Tax Act (including a return filed after the due date and an amended return relating to that return", and the phrase "application of those provisions" with "application of the provisions of paragraph (1) of the following Article".

In the case where, among all persons who have acquired property by inheritance or bequest from the same decedent, there is a person who may receive the application of the provisions of Article 69-6, paragraph (1), if the due date for filing the return to be filed pursuant to the provisions of Article 27, paragraph (1) or (2) of the Inheritance Tax Act by a person who has acquired property by that inheritance or bequest or by that person's heir (including a universal legatee; the same applies in the following paragraph and paragraph (4)) falls on or before the day preceding the specified day (meaning the deadline for filing a return extended pursuant to the provisions of Article 11 of the Act on General Rules for National Taxes in relation to the specified extraordinary Disaster referred to in Article 69-6, paragraph (1), or the day on which 10 months have elapsed from the day following the specified extraordinary Disaster occurrence date, whichever is later; the same applies hereinafter in this Article), the due date for filing that return is the specified day.

In the case where, among all persons who have acquired property by bequest from the same decedent, there is a person who may receive the application of the provisions of Article 69-6, paragraph (2), if the due date for filing the return to be filed pursuant to the provisions of Article 29, paragraph (1) of the Inheritance Tax Act, the provisions of Article 27, paragraph (2) of that Act as applied mutatis mutandis pursuant to Article 29, paragraph (2) of that Act, or the provisions of Article 31, paragraph (2) of that Act by a person who has acquired property by that bequest or by that person's heir falls on or before the day preceding the specified day, the due date for filing that return is the specified day.

In the case where the due date for filing the return to be filed pursuant to the provisions of Article 28, paragraph (1) of the Inheritance Tax Act by an individual who has acquired property by gift during the period from January 1 to December 31 of the year that includes the specified extraordinary Disaster occurrence date and who may receive the application of the provisions of paragraph (1) of the preceding Article falls on or before the day preceding the specified day, the due date for filing that return is the specified day.

In the case where the due date for filing the return to be filed pursuant to the provisions of Article 27, paragraph (2) of the Inheritance Tax Act as applied mutatis mutandis pursuant to Article 28, paragraph (2) of that Act by the heir of a person prescribed in the preceding paragraph falls on or before the day preceding the specified day, the due date for filing that return is the specified day.