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Article 34-3第三十四条の三
Special Deduction for Capital Gains in the Case of Transfer of Farmland, etc. for Rationalization, etc. of Farmland Holding（農地保有の合理化等のために農地等を譲渡した場合の譲渡所得の特別控除）
Article 34-3, paragraph (1)
If land, etc. held by an individual comes to fall under the case where it is transferred for rationalization, etc. of farmland holding, then, except where the individual is subject to the provisions of Article 37 or Article 37-4 with regard to all or part of the land, etc. that has come to fall under that case during that year, the following provisions apply with regard to the application of the provisions of Article 31 or Article 32 to the transfer of all of that land, etc.:
in Article 31, paragraph (1), the phrase "the amount of long-term capital gains (" is deemed to be replaced with "the amount remaining after deducting 8 million yen (or, where the portion of the amount of long-term capital gains pertaining to the transfer of land, etc. falling under the provisions of Article 34-3, paragraph (1) is less than 8 million yen, the amount of the portion pertaining to the transfer of the land, etc., and where the provisions of Article 32, paragraph (1) as read with the terms replaced pursuant to the provisions of item (ii) of that paragraph apply, the amount remaining after deducting the amount deducted pursuant to the provisions of that paragraph from 8 million yen or the amount of the portion pertaining to the transfer of the land, etc., whichever is lower) from the amount of long-term capital gains (";
in Article 32, paragraph (1), the phrase "the amount of short-term capital gains (" is deemed to be replaced with "the amount remaining after deducting 8 million yen (or, where the portion of the amount of short-term capital gains pertaining to the transfer of land, etc. falling under the provisions of Article 34-3, paragraph (1) is less than 8 million yen, the amount of the portion pertaining to the transfer of the land, etc.) from the amount of short-term capital gains (".
The case where land, etc. is transferred for rationalization, etc. of farmland holding prescribed in the preceding paragraph means any of the following cases:
前項に規定する農地保有の合理化等のために譲渡した場合とは、次に掲げる場合をいう。
Article 34-3, paragraph (2), item (i)
where land, etc. is transferred through consultation, conciliation, or mediation pertaining to a recommendation prescribed in Article 23 of the Act on Establishment of Agricultural Promotion Regions, or any other case specified by Cabinet Order as a case where land, etc. is transferred for rationalization of farmland holding (excluding the case where the provisions of Article 34, paragraph (2), item (vii) or paragraph (2), item (xxv) of the preceding Article apply);
where land, etc. located within an agricultural land area prescribed in Article 8, paragraph (2), item (i) of the Act on Establishment of Agricultural Promotion Regions is transferred as provided by a promotion plan for agricultural land use consolidation, etc. referred to in Article 18, paragraph (1) of the Act on the Promotion of Farmland Intermediary Management Services (Act No. 101 of 2013) for which public notice under the provisions of paragraph (7) of that Article has been given (excluding the case where the provisions of Article 34, paragraph (2), item (vii) or paragraph (2), item (xxv) of the preceding Article apply);
where land, etc. within an industry introduction district prescribed in Article 5, paragraph (2), item (i) of the Act on Promotion, etc. of the Introduction of Industry into Rural Areas (Act No. 112 of 1971) that is specified, pursuant to the provisions of paragraph (2) of that Article, in the implementation plan prescribed in paragraph (1) of that Article (limited to agricultural land, etc. prescribed in Article 3 of the Act on Establishment of Agricultural Promotion Regions and rights existing on that agricultural land, etc.) is transferred for use as facility land prescribed in Article 4, paragraph (2), item (iv) of the Act on Promotion, etc. of the Introduction of Industry into Rural Areas pertaining to the implementation plan;
where a land improvement project listed in Article 2, paragraph (2), items (i) through (iii) of the Land Improvement Act has been implemented with regard to land, etc. (limited to agricultural land prescribed in paragraph (1) of that Article and rights existing on that agricultural land), and the individual acquires, through a replotting disposition pertaining to the land, etc., settlement money prescribed in Article 54-2, paragraph (4) of that Act (including as applied mutatis mutandis pursuant to Article 89-2, paragraph (10), Article 96, and Article 96-4, paragraph (1) of that Act) (limited to settlement money paid because, with regard to the land, etc., pursuant to the provisions of Article 53-2-2, paragraph (1) of that Act (including as applied mutatis mutandis pursuant to Article 89-2, paragraph (3), Article 96, and Article 96-4, paragraph (1) of that Act), in order to allocate it to land to be used for facilities prescribed in Article 8, paragraph (5), item (ii) of that Act or for uses other than agricultural land prescribed in item (iii) of that paragraph, or to land planned to be made into agricultural land prescribed in Article 53-3-2, paragraph (1), item (i) of that Act, replotted land, or land that is to be the subject of the right or a part thereof, was designated with its area specially reduced, or replotted land, or land that is to be the subject of the right or a part thereof, was not designated);
where land pertaining to a forest covered by a regional forest plan under the provisions of Article 5, paragraph (1) of the Forest Act is transferred by entrusting the transfer to a forestry cooperative or a federation of forestry cooperatives that carries out the business referred to in Article 9, paragraph (2), item (vii) or Article 101, paragraph (1), item (ix) of the Forestry Cooperative Act (Act No. 36 of 1978), in order to contribute to the expansion of the scale of forestry management, the consolidation of forest land, or other rationalization of forest land holding;
where a project referred to in Article 13-2, paragraph (1) or paragraph (2) of the Act on Establishment of Agricultural Promotion Regions has been implemented with regard to land, etc. (limited to agricultural land, etc. prescribed in Article 3 of that Act, land that is suitable to be made into agricultural land, etc. prescribed in Article 8, paragraph (2), item (iii) of that Act, and rights existing on that land), and the individual acquires settlement money under the provisions of Article 13-3 of that Act.
The provisions of paragraph (1) apply only if 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 the documents specified by Order of the Ministry of Finance as documents certifying that the case falls under the provisions of that paragraph are attached to that return.
Even in the case where no tax return has been filed, or a tax return without the statement or attachment referred to in the preceding paragraph has been filed, if the district director finds that there were unavoidable circumstances for the failure to file the return or to include the statement or attachment, the district director may apply the provisions of paragraph (1), but only if there has been a submission of a document containing that statement and the documents specified by Order of the Ministry of Finance referred to in that paragraph.