Act on Special Measures Concerning Taxation

Where, among the foreign affiliated companies of any of the following domestic corporations, one that falls under the category of specified foreign affiliated company or covered foreign affiliated company has an amount of applicable income in each business year beginning on or after April 1, 1978, the amount equivalent to the amount calculated pursuant to the method specified by Cabinet Order, out of that amount of applicable income, by taking into consideration the number or amount obtained by taking into account the contents of the claim (meaning a claim to demand dividends of surplus, etc. (meaning a dividend of surplus, dividend of profit or distribution of surplus prescribed in Article 23, paragraph (1), item (i) of the Corporation Tax Act; hereinafter the same applies in this paragraph and the following paragraph); hereinafter the same applies in this Article) with respect to the number or amount of the shares, etc. (meaning shares or capital contributions; hereinafter the same applies in this Article) of that specified foreign affiliated company or covered foreign affiliated company held directly and indirectly by the domestic corporation, and the state of the relationship of substantive control between the domestic corporation and that specified foreign affiliated company or covered foreign affiliated company (referred to as the "taxable amount" in the following Article and Article 66-8) is deemed to be the amount of the domestic corporation's profit, and included in its gross profits in the calculation of the amount of its income for the business year that includes the day on which four months have elapsed since the day following the last day of the relevant business year:

a domestic corporation where any of the following ratios of the domestic corporation pertaining to a foreign affiliated company is 10 percent or more:

the ratio of the total number or total amount of the number or amount of the shares, etc. of a foreign affiliated company held by the domestic corporation (where there is a relationship of substantive control between that foreign affiliated company and a resident (meaning a resident prescribed in Article 2, paragraph (1), item (i)-2; hereinafter the same applies in this paragraph and the following paragraph) or domestic corporation, zero) and the number or amount of the shares, etc. of that foreign affiliated company specified by Cabinet Order as being held indirectly through another foreign corporation, to the total number or total amount of the issued shares of or capital contributions to that foreign affiliated company (excluding its own shares, etc. held by itself; referred to as "issued shares, etc." in the following paragraph, paragraph (8) and paragraph (10));

the ratio of the total number of the number of voting rights in a foreign affiliated company held by the domestic corporation (limited to voting rights pertaining to resolutions on dividends of surplus, etc.; the same applies in (b) and in item (i), (a), 2. of the following paragraph) (where there is a relationship of substantive control between that foreign affiliated company and a resident or domestic corporation, zero) and the number of voting rights in that foreign affiliated company specified by Cabinet Order as being held indirectly through another foreign corporation, to the total number of voting rights in that foreign affiliated company; or

the ratio of the sum of the amount of dividends of surplus, etc. receivable based on the claims in the shares, etc. of a foreign affiliated company held by the domestic corporation (where there is a relationship of substantive control between that foreign affiliated company and a resident or domestic corporation, zero) and the amount of dividends of surplus, etc. receivable based on the claims in the shares, etc. of that foreign affiliated company specified by Cabinet Order as being held indirectly via another foreign corporation, to the total amount of dividends of surplus, etc. receivable based on the claims in the shares, etc. of that foreign affiliated company;

a domestic corporation that has a relationship of substantive control with a foreign affiliated company;

the relevant domestic corporation (excluding a domestic corporation listed in item (i)) in the case where any of the ratios listed in item (i), (a) through (c) of a foreign affiliated company (limited to one that has a relationship of substantive control with a domestic corporation) pertaining to another foreign affiliated company is 10 percent or more; or

a domestic corporation that belongs to a family shareholder group (meaning, among persons who directly or indirectly hold shares, etc. of a foreign affiliated company and persons who have a relationship of substantive control with a person who directly or indirectly holds those shares, etc. (excluding persons who directly or indirectly hold those shares, etc.), a single resident or domestic corporation, persons who have a relationship of substantive control with that single resident or domestic corporation, and persons who have a special relationship specified by Cabinet Order with that single resident or domestic corporation (excluding foreign corporations)) for which any of the ratios listed in item (i), (a) through (c) pertaining to a foreign affiliated company is 10 percent or more (limited to a domestic corporation for which any of the ratios listed in (a) through (c) of that item pertaining to the foreign affiliated company, or any of the ratios listed in (a) through (c) of that item of another foreign affiliated company (limited to one that has a relationship of substantive control with a domestic corporation) pertaining to that foreign affiliated company, exceeds zero, and excluding domestic corporations listed in that item and the preceding item).

In this Article, the meanings of the terms listed in the following items are as prescribed respectively in those items:

foreign affiliated company: any of the following foreign corporations:

a foreign corporation in the case where any of the following ratios of residents, domestic corporations, specially-related nonresidents (meaning nonresidents prescribed in Article 2, paragraph (1), item (i)-2 who have a special relationship specified by Cabinet Order with a resident or domestic corporation), and foreign corporations listed in (b) (referred to as "residents and other shareholders, etc." in (a)) pertaining to that foreign corporation exceeds 50 percent:

the ratio obtained by adding together the direct shareholding ratio of residents and other shareholders, etc. pertaining to a foreign corporation (excluding a foreign corporation listed in (b)) (meaning the ratio of the number or amount of the shares, etc. of that foreign corporation held by residents and other shareholders, etc. to the total number or total amount of its issued shares, etc.) and the indirect shareholding ratio of residents and other shareholders, etc. pertaining to that foreign corporation (meaning the ratio specified by Cabinet Order as the ratio of the number or amount of the shares, etc. of that foreign corporation held indirectly by residents and other shareholders, etc. through another foreign corporation to the total number or total amount of its issued shares, etc.);

the ratio obtained by adding together the direct voting rights holding ratio of residents and other shareholders, etc. pertaining to a foreign corporation (excluding a foreign corporation listed in (b)) (meaning the ratio of the number of voting rights in that foreign corporation held by residents and other shareholders, etc. to the total number of those voting rights) and the indirect voting rights holding ratio of residents and other shareholders, etc. pertaining to that foreign corporation (meaning the ratio specified by Cabinet Order as the ratio of the number of voting rights in that foreign corporation held indirectly by residents and other shareholders, etc. through another foreign corporation to the total number of those voting rights); or

the ratio obtained by adding together the direct claim holding ratio of residents and other shareholders, etc. pertaining to a foreign corporation (excluding a foreign corporation listed in (b)) (meaning the ratio of the amount of dividends of surplus, etc. receivable based on the claims in the shares, etc. of that foreign corporation held by residents and other shareholders, etc. to the total amount thereof) and the indirect claim holding ratio of residents and other shareholders, etc. pertaining to that foreign corporation (meaning the ratio specified by Cabinet Order as the ratio of the amount of dividends of surplus, etc. receivable based on the claims in the shares, etc. of that foreign corporation held indirectly by residents and other shareholders, etc. through another foreign corporation to the total amount thereof);

a foreign corporation that has a relationship of substantive control with a resident or domestic corporation; or

a foreign corporation that would fall under the category of foreign financial institution prescribed in item (vii) if the provisions of item (vi) and item (vii) were applied by deeming the phrase "foreign affiliated company (excluding one that falls under the category of specified foreign affiliated company)" in item (vi) to be "foreign corporation", which is specified by Cabinet Order as a foreign corporation that has, with a partially covered foreign affiliated company specified by Cabinet Order as being equivalent to a foreign financial institution prescribed in that item, a relationship in which that partially covered foreign affiliated company performs the business management of that foreign corporation, or any other special relationship;

specified foreign affiliated company: any of the following foreign affiliated companies:

a foreign affiliated company that falls under none of the following:

a foreign affiliated company that has an office, store, factory or any other fixed facility that is found to be necessary for conducting its principal business (including a foreign affiliated company specified by Cabinet Order as being in the same situation as a foreign affiliated company that has these);

a foreign affiliated company that manages, controls and operates its business by itself in the state or territory where its head office or principal office is located (referred to as the "state of the head office" in this paragraph, paragraph (8) and paragraph (10)) (including a foreign affiliated company specified by Cabinet Order as being in the same situation as a foreign affiliated company that does these by itself);

a foreign affiliated company whose principal business is the holding of shares, etc. of a foreign subsidiary (meaning a foreign corporation whose state of the head office is the same as that of that foreign affiliated company and that satisfies the requirements specified by Cabinet Order, such as the ratio of the number or amount of the shares, etc. of that foreign corporation held by that foreign affiliated company to the total number or total amount of its issued shares, etc. being 25 percent or more), and that satisfies the requirements specified by Cabinet Order, such as the ratio of the amount of dividends of surplus, etc. pertaining to those shares, etc. to its revenue being significantly high;

a foreign affiliated company whose principal business is the holding of shares, etc. of a specified subsidiary (meaning another foreign affiliated company pertaining to a domestic corporation listed in any of the items of the preceding paragraph that falls under the category of partially covered foreign affiliated company or that is otherwise specified by Cabinet Order), and that satisfies the requirements specified by Cabinet Order, such as its business being managed, controlled and operated by a management and control company with the same state of the head office (meaning, among the other foreign affiliated companies pertaining to that domestic corporation, one that falls under the category of partially covered foreign affiliated company and whose officers (meaning officers prescribed in Article 2, item (xv) of the Corporation Tax Act; the same applies in the following item, item (vii) and paragraph (8)) or employees engage, in its state of the head office, in all of the operations normally found to be necessary for properly carrying out its principal business; the same applies in 4. and 5.), that management and control company performing functions indispensable for carrying out the business it conducts in its state of the head office, and the ratio of the amount of dividends of surplus, etc. pertaining to those shares, etc. and the amount of consideration for the transfer of those shares, etc. to its revenue being significantly high; or

a foreign affiliated company that performs functions indispensable for carrying out a business concerning the holding of real property located in its state of the head office, the exploration, development or extraction of petroleum or other natural resources in its state of the head office, or the development of social infrastructure in its state of the head office, and that satisfies the requirements specified by Cabinet Order, such as its business being managed, controlled and operated by a management and control company with the same state of the head office;

a foreign affiliated company for which the ratio of the total of the amounts equivalent to the amounts listed in paragraph (8), items (i) through (vii) and items (viii) through (x) to the amount specified by Cabinet Order as the amount of its total assets (referred to as the "amount of total assets" in (b)) (in the case of a foreign affiliated company that would fall under the category of foreign financial subsidiary, etc. if the provisions of item (vi) and item (vii) were applied by deeming the phrase "foreign affiliated company (excluding one that falls under the category of specified foreign affiliated company)" in item (vi) to be "foreign affiliated company", the ratio to the amount of total assets of the amount equivalent to the amount listed in paragraph (10), item (i) or the total of the amounts equivalent to the amounts listed in items (ii) through (iv) of that paragraph, whichever is greater) exceeds 30 percent (limited to a foreign affiliated company for which the ratio to the amount of total assets of the amount specified by Cabinet Order as the total amount of Securities (meaning Securities prescribed in Article 2, item (xxi) of the Corporation Tax Act; the same applies in paragraph (8)), loans and other assets specified by Cabinet Order exceeds 50 percent);

a foreign affiliated company that satisfies both of the following requirements:

the ratio calculated pursuant to the provisions of Cabinet Order as the ratio of the total amount of premium income from non-affiliates, etc. for each business year (meaning premium income specified by Cabinet Order as that received from persons other than related parties (meaning a resident listed in any of the items of Article 40-4, paragraph (1) pertaining to that foreign affiliated company, a domestic corporation listed in any of the items of the preceding paragraph, and any other person specified by Cabinet Order as being equivalent to those persons; the same applies in 2.); the same applies in 2.) to the total amount of premium income is less than 10 percent;

the ratio calculated pursuant to the provisions of Cabinet Order as the ratio of the total amount of reinsurance premiums paid to non-affiliates, etc. for each business year (meaning the amount specified by Cabinet Order as the amount obtained by apportioning the total amount of reinsurance premiums paid to persons other than related parties by the ratio of the total amount of premium income from related parties, etc. (meaning premium income other than premium income from non-affiliates, etc.; the same applies in 2.) to the total amount of premium income) to the total amount of premium income from related parties, etc. is less than 50 percent; or

a foreign affiliated company that has its head office or principal office in a state or territory designated by the Minister of Finance as a state or territory whose cooperation with international efforts concerning the exchange of information on taxation is significantly insufficient;

covered foreign affiliated company: a foreign affiliated company (excluding one that falls under the category of specified foreign affiliated company) that fails to satisfy one or more of the following requirements:

it is not a company whose principal business is the holding of shares, etc. or bonds, the provision of industrial property rights or any other rights concerning technology, production methods involving special technology or anything equivalent thereto (including the right to use these rights) or copyrights (including rights of publication, neighboring rights and any other equivalent rights), or the lending of vessels or aircraft (excluding the following):

among foreign affiliated companies whose principal business is the holding of shares, etc., one specified by Cabinet Order as holding the shares, etc. of the other corporations specified by Cabinet Order in the case where that foreign affiliated company conducts operations specified by Cabinet Order as operations that contribute to improving the profitability of other corporations through the comprehensive management and coordination of their business activities (referred to as "supervisory business" in (b));

among foreign affiliated companies whose principal business is the holding of shares, etc., one that would fall under the category of foreign financial subsidiary, etc. if the provisions of item (vii) were applied by deeming the phrase "partially covered foreign affiliated company" in that item to be "foreign affiliated company" (excluding one that would fall under the category of foreign financial institution prescribed in that item and one listed in 1.); or

among foreign affiliated companies whose principal business is the lending of aircraft, one that satisfies the requirements specified by Cabinet Order, such as its officers or employees engaging, in its state of the head office, in all of the operations normally found to be necessary for properly carrying out the lending of aircraft;

it satisfies both of the following: it has, in its state of the head office, an office, store, factory or any other fixed facility that is found to be necessary for conducting its principal business (in the case of a foreign affiliated company listed in (a), 1., supervisory business, and in the case of a foreign affiliated company listed in (a), 2., the business management specified by Cabinet Order; the same applies in (c)) (including being in a situation specified by Cabinet Order as the same situation as having these); and it manages, controls and operates its business by itself in its state of the head office (including being in a situation specified by Cabinet Order as the same situation as doing these by itself);

it falls under the case specified in the following according to which of the following businesses the principal business it conducts in each business year falls under:

wholesale business, banking business, trust business, financial instruments business, insurance business, water transportation business, air transportation business or goods leasing business (limited to one whose principal business is the lending of aircraft):The case specified by Cabinet Order in which the foreign affiliated company conducts business mainly with a person other than [1] a resident listed in each item of Article 40-4, paragraph (1) who is the resident to which the foreign affiliated company pertains, [2] a domestic corporation listed in each item of the preceding paragraph or [3] any other person specified by Cabinet Order as being equivalent to the persons mentioned in [1] and [2]; or

business other than those listed in 1.:The case specified by Cabinet Order in which the foreign affiliated company conducts the business mainly in its state of the head office (including the water areas belonging to that state of the head office which are specified by Cabinet Order);

amount of applicable income: An amount adjusted, with respect to the amount of income of a specified foreign affiliated company or covered foreign affiliated company in its settlement of accounts for each business year, pursuant to the method specified by Cabinet Order, based on the amount calculated in accordance with the standards specified by Cabinet Order in a manner equivalent to the manner for calculating the amount of income for each business year pursuant to the Corporation Tax Act and this Act (referred to as the "base income amount" in this item), in terms of the amount of loss incurred in each of the business years that commenced within seven years before the first day of the relevant business year and the tax amount pertaining to that base income amount;

relationship of substantive control: the relationship between a resident or domestic corporation and a foreign corporation in the case where that resident or domestic corporation has the right to claim substantially all of the residual assets of that foreign corporation, or any other relationship specified by Cabinet Order;

partially covered foreign affiliated company: a foreign affiliated company (excluding one that falls under the category of specified foreign affiliated company) that satisfies all of the requirements listed in item (iii), (a) through (c);

foreign financial subsidiary, etc.: a partially covered foreign affiliated company that engages in the banking business, financial instruments business (limited to operations of the same type as Type I Financial Instruments Business prescribed in Article 28, paragraph (1) of the Financial Instruments and Exchange Act) or insurance business in accordance with the laws and regulations of its state of the head office (including a partially covered foreign affiliated company specified by Cabinet Order as being in the same situation as a partially covered foreign affiliated company that engages in those businesses) and whose officers or employees engage, in its state of the head office, in all of the operations normally found to be necessary for properly carrying out those businesses (including one specified by Cabinet Order as being in the same situation as a partially covered foreign affiliated company whose officers or employees engage, in its state of the head office, in all of those operations) (referred to as a "foreign financial institution" in this item), and a partially covered foreign affiliated company specified by Cabinet Order as being equivalent to a foreign financial institution;

liquidating partially covered foreign affiliated company: among dissolved foreign affiliated companies, one that fell under the category of partially covered foreign affiliated company in each of the business years that commenced within two years before the first day of the business year that includes the date of its dissolution;

liquidating foreign financial subsidiary, etc.: among dissolved foreign affiliated companies, one that fell under the category of foreign financial subsidiary, etc. in each of the business years that commenced within one year before the first day of the business year that includes the date of its dissolution;

special liquidation business year: a business year that includes any day within the period from the last day of the business year in which a liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc. first ceased to fall under the category of partially covered foreign affiliated company or foreign financial subsidiary, etc. until the day on which three years have elapsed after that day (where the date of determination of the residual assets of that liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc. is before the day on which those three years have elapsed, the date of determination of those residual assets, and where, due to the laws and regulations or practices of its state of the head office or other unavoidable reasons, the date of determination of those residual assets is after the day on which those three years have elapsed, the day specified by Cabinet Order).

The relevant official of the National Tax Agency, or the relevant official of the tax office or Regional Taxation Bureau with jurisdiction over the place for tax payment of a domestic corporation, may, if it is necessary for determining whether a foreign affiliated company pertaining to a domestic corporation falls under any of item (ii), (a), 1. through 5. of the preceding paragraph, request that domestic corporation to present or submit, within a specified period, documents and other materials certifying that that foreign affiliated company falls under item (ii), (a), 1. through 5. of that paragraph. In this case, if those documents and other materials are not presented or submitted, with regard to the application of the provisions of that paragraph (limited to the part pertaining to (a) of that item), that foreign affiliated company is presumed not to fall under (a), 1. through 5. of that item.

The relevant official of the National Tax Agency, or the relevant official of the tax office or Regional Taxation Bureau with jurisdiction over the place for tax payment of a domestic corporation, may, if it is necessary for determining whether a foreign affiliated company pertaining to a domestic corporation satisfies the requirements listed in paragraph (2), item (iii), (a) through (c), request that domestic corporation to present or submit, within a specified period, documents and other materials certifying that that foreign affiliated company satisfies the requirements listed in (a) through (c) of that item. In this case, if those documents and other materials are not presented or submitted, with regard to the application of the provisions of that paragraph (limited to the part pertaining to that item or item (vi)), that foreign affiliated company is presumed not to satisfy the requirements listed in item (iii), (a) through (c) of that paragraph.

The relevant official of the National Tax Agency, or the relevant official of the tax office or Regional Taxation Bureau with jurisdiction over the place for tax payment of a domestic corporation, may, if it is necessary for determining whether a foreign affiliated company pertaining to a domestic corporation falls under the category of either liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc., request that domestic corporation to present or submit, within a specified period, documents and other materials certifying that that foreign affiliated company falls under the category of liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc. In this case, if those documents and other materials are not presented or submitted, with regard to the application of the provisions of paragraph (2) (limited to the part pertaining to item (viii) or (ix)), that foreign affiliated company is presumed not to fall under the category of liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc.

The relevant official of the National Tax Agency, or the relevant official of the tax office or Regional Taxation Bureau with jurisdiction over the place for tax payment of a domestic corporation, may, if it is necessary for determining whether each business year of a foreign affiliated company pertaining to a domestic corporation falls under the category of special liquidation business year, request that domestic corporation to present or submit, within a specified period, documents and other materials certifying that that business year falls under the category of special liquidation business year. In this case, if those documents and other materials are not presented or submitted, with regard to the application of the provisions of paragraph (2) (limited to the part pertaining to item (x)), that business year is presumed not to fall under the category of special liquidation business year.

The provisions of paragraph (1) do not apply to the amount of applicable income for the relevant business year of a foreign affiliated company listed in each of the following items pertaining to a domestic corporation listed in any of the items of that paragraph, where there are facts that fall under the case specified in that item for that foreign affiliated company:

specified foreign affiliated company: where the tax burden ratio of the specified foreign affiliated company for each business year (meaning the ratio calculated pursuant to the provisions of Cabinet Order as the ratio of the amount of taxes imposed on the income of a foreign affiliated company for each business year to the amount of that income; the same applies in the following item and paragraphs (12) and (14)) is 27 percent or more; or

covered foreign affiliated company: where the tax burden ratio of the covered foreign affiliated company for each business year is 20 percent or more.

Where a partially covered foreign affiliated company (excluding one that falls under the category of foreign financial subsidiary, etc.; the same applies hereinafter in this paragraph and the following paragraph) pertaining to a domestic corporation listed in any of the items of paragraph (1) has, in each business year beginning on or after April 1, 2010, the following amounts pertaining to that business year (referred to as the "amount of specified income" in this paragraph), the amount equivalent to the amount calculated pursuant to the method specified by Cabinet Order, out of the partially applicable amount pertaining to the amount of specified income for that business year, by taking into consideration the number or amount obtained by taking into account the contents of the claims with respect to the number or amount of the shares, etc. of that partially covered foreign affiliated company held directly and indirectly by the domestic corporation, and the state of the relationship of substantive control between the domestic corporation and that partially covered foreign affiliated company (referred to as the "partially taxable amount" in the following Article and Article 66-8) is deemed to be the amount of the domestic corporation's profit, and included in its gross profits in the calculation of the amount of its income for the business year that includes the day on which four months have elapsed since the day following the last day of the relevant business year:

the remaining amount obtained by deducting, from the total amount of dividends of surplus and similar distributions (meaning dividends of surplus and similar distributions prescribed in paragraph (1), including distributions of monies prescribed in Article 23, paragraph (1), item (ii) of the Corporation Tax Act; the same applies hereinafter in this item and in item (xi), (a)) (excluding the amount of dividends of surplus and similar distributions received from the following corporations (excluding the amount of dividends of surplus and similar distributions specified by Cabinet Order as dividends of surplus and similar distributions that are to be included in deductible expenses in calculating the amount of income of that corporation); the same applies hereinafter in this item), the total amount of expenses directly incurred to obtain those dividends of surplus and similar distributions and the amount calculated pursuant to the provisions of Cabinet Order as the amount of expenses pertaining to those dividends of surplus and similar distributions:

another corporation (excluding a foreign corporation listed in (b)) in the case where the requirements specified by Cabinet Order are satisfied, such as the ratio of the number or amount of the shares, etc. of that other corporation held by that partially covered foreign affiliated company to the total number or total amount of its issued shares, etc. being 25 percent or more;

another foreign corporation (limited to a foreign corporation specified by Cabinet Order among foreign corporations whose principal business is the extraction of crude oil, petroleum gas, combustible natural gas or coal (referred to as "fossil fuel" in (b)) (including a business closely related to fossil fuel extracted by itself)) in the case where the requirements specified by Cabinet Order are satisfied, such as the ratio of the number or amount of the shares, etc. of that other foreign corporation held by that partially covered foreign affiliated company to the total number or total amount of its issued shares, etc. being 10 percent or more;

the remaining amount obtained by deducting, from the total amount of interest received, etc. (meaning interest that it receives (including anything specified by Cabinet Order as equivalent thereto; the same applies hereinafter in this item); the same applies hereinafter in this item and in item (xi), (b)) (excluding the amount of interest on deposits or savings (including those equivalent to those specified by Cabinet Order prescribed in Article 2, paragraph (1), item (x) of the Income Tax Act) arising in the ordinary course of operations pertaining to the business it conducts, the amount of interest pertaining to the lending of money conducted by a partially covered foreign affiliated company whose principal business is the lending of money (limited to one that has received a license, registration or any other similar disposition in its state of the head office under the provisions of the laws and regulations of its state of the head office with regard to engaging in the lending of money as a business) and whose officers or employees engage, in its state of the head office, in all of the operations normally found to be necessary for properly carrying out the money lending business it conducts, and the amount of other interest specified by Cabinet Order; the same applies hereinafter in this item), the total amount of expenses directly incurred to obtain that interest received, etc.;

the remaining amount obtained by deducting, from the total amount of consideration for the lending of Securities, the total amount of expenses directly incurred to obtain that consideration;

the amount obtained by subtracting, from the total amount of consideration for the transfer of Securities (excluding the amount of consideration for the transfer of shares, etc. of another corporation in the case where the ratio of the number or amount of the shares, etc. of that other corporation held by that partially covered foreign affiliated company to the total number or total amount of its issued shares, etc. is 25 percent or more immediately before that transfer; the same applies hereinafter in this item), the total amount calculated pursuant to the provisions of Cabinet Order as the cost of those Securities transferred and the total amount of expenses directly incurred to obtain that consideration;

the amount calculated pursuant to the provisions of Order of the Ministry of Finance as the amount of profit or loss pertaining to derivative transactions (meaning derivative transactions prescribed in Article 61-5, paragraph (1) of the Corporation Tax Act; the same applies hereinafter in this item and in item (xi), (e)) (excluding the amount of profit or loss pertaining to derivative transactions specified by Order of the Ministry of Finance as derivative transactions conducted to reduce the losses listed in the items of Article 61-6, paragraph (1) of that Act, the amount of profit or loss pertaining to derivative transactions specified by Order of the Ministry of Finance conducted by a partially covered foreign affiliated company that, in accordance with the laws and regulations of its state of the head office, engages as a business in acts equivalent to the acts listed in the items of Article 2, paragraph (22) of the Commodity Derivatives Transaction Act (limited to one whose officers or employees engage, in its state of the head office, in all of the operations normally found to be necessary for properly carrying out the business pertaining to those acts it conducts), and the amount of profit or loss pertaining to other derivative transactions specified by Order of the Ministry of Finance);

the amount calculated pursuant to the provisions of Order of the Ministry of Finance as the amount of profit or loss arising from fluctuations in foreign exchange rates with respect to transactions it conducts or assets or liabilities it holds (excluding the amount of profit or loss arising in the ordinary course of operations pertaining to the business it conducts (excluding a business that conducts transactions specified by Cabinet Order));

the amount of profit or loss arising from the investment, holding, transfer, lending or other acts with respect to assets that give rise to the profit or loss pertaining to the amounts listed in the preceding items (including similar profit or loss) (excluding the profit or loss pertaining to the amounts listed in those items and the amount of profit or loss pertaining to transactions specified by Order of the Ministry of Finance as transactions conducted to reduce the losses listed in the items of Article 61-6, paragraph (1) of the Corporation Tax Act);

the amount obtained by subtracting the amount listed in (b) from the amount listed in (a):

the amount specified by Cabinet Order as equivalent to the remaining amount obtained by deducting the total amount of reinsurance premiums paid from the total amount of premium income;

the amount specified by Cabinet Order as equivalent to the remaining amount obtained by deducting the total amount of reinsurance proceeds received from the total amount of insurance claims paid;

the remaining amount obtained by deducting, from the total amount of consideration for the lending of fixed assets (excluding those specified by Cabinet Order; the same applies hereinafter in this item and in item (xi), (i)) (including acts of having another person use real property or rights existing on real property) (excluding the amount of consideration for the lending of fixed assets (excluding real property and rights existing on real property) that are mainly used in its state of the head office, the amount of consideration for the lending of real property or rights existing on real property located in its state of the head office (including acts of having another person use them), and the amount of consideration for the lending of fixed assets conducted by a partially covered foreign affiliated company that satisfies the requirements specified by Cabinet Order, such as its officers or employees engaging, in its state of the head office, in all of the operations normally found to be necessary for properly carrying out the lending of fixed assets (including acts of having another person use real property or rights existing on real property; the same applies hereinafter in this item and in item (xi), (i)); the same applies hereinafter in this item), the total amount of expenses directly incurred to obtain that consideration (including the amount calculated pursuant to the provisions of Cabinet Order as the amount of depreciation allowance for the fixed assets it holds);

the remaining amount obtained by deducting, from the total amount of royalties for industrial property rights or any other rights concerning technology, production methods involving special technology or anything equivalent thereto (including the right to use these rights) or copyrights (including rights of publication, neighboring rights and any other equivalent rights) (referred to as "intangible assets, etc." in this paragraph) (excluding royalties for intangible assets, etc. resulting from research and development it has conducted itself and other royalties specified by Cabinet Order; the same applies hereinafter in this item), the total amount of expenses directly incurred to obtain those royalties (including the amount calculated pursuant to the provisions of Cabinet Order as the amount of depreciation allowance for the intangible assets, etc. it holds);

the amount obtained by subtracting, from the total amount of consideration for the transfer of intangible assets, etc. (excluding the amount of consideration for the transfer of intangible assets, etc. resulting from research and development it has conducted itself and other amounts of consideration specified by Cabinet Order; the same applies hereinafter in this item), the total cost of the intangible assets, etc. transferred and the total amount of expenses directly incurred to obtain that consideration;

the remaining amount obtained by deducting the amount listed in (l) pertaining to each business year from the amount specified by Cabinet Order as the amount of income of that partially covered foreign affiliated company for that business year, calculated as if there were none of the amounts listed in (a) through (k):

the amount of dividends of surplus and similar distributions received;

the amount of interest received, etc.;

the amount of consideration for the lending of Securities;

the amount obtained by subtracting, from the total amount of consideration for the transfer of Securities, the total amount calculated pursuant to the provisions of Cabinet Order as the cost of those Securities transferred;

the amount calculated pursuant to the provisions of Order of the Ministry of Finance as the amount of profit or loss pertaining to derivative transactions;

the amount calculated pursuant to the provisions of Order of the Ministry of Finance as the amount of profit or loss arising from fluctuations in foreign exchange rates with respect to transactions it conducts or assets or liabilities it holds;

the amount of profit or the amount of loss arising from the investment, holding, transfer, or lending of, or any other act involving, assets that give rise to the amount of profit or the amount of loss pertaining to the amounts listed in items (i) through (vi) (including any amount of profit or amount of loss similar thereto) (excluding the amount of profit or the amount of loss pertaining to the amounts listed in those items);

the amount listed in item (vii)-2;

the amount of consideration for the lending of fixed assets;

royalties received for intangible assets, etc.;

the amount obtained by subtracting, from the total amount of consideration for the transfer of intangible assets, etc., the total amount of costs of the transfer of those intangible assets, etc.;

the amount calculated by multiplying the amount obtained by adding the amount of personnel expenses and other expenses specified by Cabinet Order to the amount specified by Cabinet Order as the amount of total assets, by 50 percent.

The partially applicable amount prescribed in the preceding paragraph means the sum of the total of the amounts listed in items (i) through (iii), item (viii), item (ix) and item (xi) of that paragraph for each business year of a partially covered foreign affiliated company, and the amount obtained by making adjustments pursuant to the method specified by Cabinet Order, based on the total of the amounts listed in items (iv) through (vii)-2 and item (x) of that paragraph for the relevant business year (if that total is less than zero, zero), with regard to the amount of the portion by which the total of the amounts listed in items (iv) through (vii)-2 and item (x) of that paragraph arising in each business year that began within seven years before the first day of the relevant business year fell below zero.

Where a partially covered foreign affiliated company (limited to one that falls under the category of foreign financial subsidiary, etc.; the same applies hereinafter in this paragraph and the following paragraph) pertaining to a domestic corporation listed in any of the items of paragraph (1) has, in each business year beginning on or after April 1, 2010, the following amounts pertaining to that business year (referred to as the "amount of specified income" in this paragraph), the amount equivalent to the amount calculated pursuant to the method specified by Cabinet Order, out of the partially applicable amount for a financial subsidiary, etc. pertaining to the amount of specified income for that business year, by taking into consideration the number or amount obtained by taking into account the contents of the claims with respect to the number or amount of the shares, etc. of that partially covered foreign affiliated company held directly and indirectly by the domestic corporation, and the state of the relationship of substantive control between the domestic corporation and that partially covered foreign affiliated company (referred to as the "partially taxable amount for a financial subsidiary, etc." in the following Article and Article 66-8) is deemed to be the amount of the domestic corporation's profit, and included in its gross profits in the calculation of the amount of its income for the business year that includes the day on which four months have elapsed since the day following the last day of the relevant business year:

the amount calculated pursuant to the method specified by Cabinet Order as the amount of profit pertaining to the capital equivalent to the excess, in the case where the amount equivalent to the parent company's equity, etc. of a partially covered foreign affiliated company whose issued shares, etc. are all held directly or indirectly by a single domestic corporation and domestic corporations that have a specified capital relationship (meaning a relationship whereby either corporation holds, directly or indirectly, all of the issued shares, etc. of the other corporation, or any other relationship specified by Cabinet Order) with that single domestic corporation, and which satisfies the requirements specified by Cabinet Order (limited to one for which the ratio of the amount specified by Cabinet Order as the amount obtained by making adjustments to its net assets with regard to surplus and other matters (referred to as the "amount equivalent to the parent company's equity, etc." in this item) to the amount specified by Cabinet Order as the amount of its total assets exceeds 70 percent) exceeds the amount specified by Cabinet Order by taking into consideration the amount of capital below which it may not fall under the laws and regulations of its state of the head office;

the amount equivalent to the amount listed in paragraph (8), item (viii) that is obtained when the amount is calculated for the partially covered foreign affiliated company in accordance with the provisions of that item;

the amount equivalent to the amount listed in paragraph (8), item (ix) that is obtained when the amount is calculated for the partially covered foreign affiliated company in accordance with the provisions of that item;

the amount equivalent to the amount listed in paragraph (8), item (x) that is obtained when the amount is calculated for the partially covered foreign affiliated company in accordance with the provisions of that item;

the amount equivalent to the amount listed in paragraph (8), item (xi) that is obtained when the amount is calculated for the partially covered foreign affiliated company in accordance with the provisions of that item.

The partially applicable amount for a financial subsidiary, etc. prescribed in the preceding paragraph means whichever is the greater of the following amounts for each business year of a partially covered foreign affiliated company:

the amount listed in item (i) of the preceding paragraph;

the sum of the total of the amounts listed in item (ii), item (iii) and item (v) of the preceding paragraph, and the amount obtained by making adjustments pursuant to the method specified by Cabinet Order, based on the amount listed in item (iv) of that paragraph (if that amount is less than zero, zero), with regard to the amount of the portion by which the amount listed in that item arising in each business year that began within seven years before the first day of the relevant business year fell below zero.

The provisions of paragraph (8) and paragraph (10) do not apply to the partially applicable amount (meaning the partially applicable amount prescribed in paragraph (9); hereinafter the same applies in this paragraph) or the partially applicable amount for a financial subsidiary, etc. (meaning the partially applicable amount for a financial subsidiary, etc. prescribed in the preceding paragraph; hereinafter the same applies in this paragraph) of a partially covered foreign affiliated company pertaining to a domestic corporation listed in any of the items of paragraph (1) for the business year to which the fact applies, if any of the following facts applies to that partially covered foreign affiliated company:

the tax burden ratio for each business year is 20 percent or more;

the partially applicable amount or the partially applicable amount for a financial subsidiary, etc. in each business year is 20 million yen or less;

the ratio of the partially applicable amount or the partially applicable amount for a financial subsidiary, etc. in each business year to the amount specified by Cabinet Order as the amount equivalent to the amount of income based on the settlement of accounts for the relevant business year is 5 percent or less.

Where a foreign affiliated company pertaining to a domestic corporation listed in any of the items of paragraph (1) comes to fall under the category of liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc., the provisions of this Subsection apply to the special liquidation business year of that liquidating partially covered foreign affiliated company or liquidating foreign financial subsidiary, etc., by deeming that liquidating partially covered foreign affiliated company to be a partially covered foreign affiliated company and that liquidating foreign financial subsidiary, etc. to be a foreign financial subsidiary, etc., respectively.

A domestic corporation listed in each item of paragraph (1) must attach a balance sheet and profit and loss statement for each business year regarding the following foreign affiliated companies of the domestic corporation as well as any other documents specified by Order of the Ministry of Finance, to its final return prescribed in Article 2, item (xxxi) of the Corporation Tax Act for the business year that includes the day on which four months have elapsed since the day following the last day of the relevant business year:

a partially covered foreign affiliated company whose tax burden ratio for the relevant business year is less than 20 percent (excluding any partially covered foreign affiliated company to which either of the facts referred to in paragraph (12), item (ii) or item (iii) applies in the relevant business year (referred to in the following paragraph as a "partially covered foreign affiliated company exempt from attachment"));

a covered foreign affiliated company whose tax burden ratio for the relevant business year is less than 20 percent;

a specified foreign affiliated company whose tax burden ratio for the relevant business year is less than 27 percent.

A domestic corporation listed in each item of paragraph (1) must, pursuant to the provisions of Order of the Ministry of Finance, retain a balance sheet and profit and loss statement for each business year of a partially covered foreign affiliated company exempt from attachment of the domestic corporation as well as any other documents specified by Order of the Ministry of Finance.

Where a domestic corporation holds, directly or indirectly, a beneficial interest in a foreign trust (meaning a foreign investment trust prescribed in Article 2, paragraph (24) of the Act on Investment Trusts and Investment Corporations, which is similar to a specified investment trust prescribed in Article 68-3-3, paragraph (1); hereinafter the same applies in this paragraph) (including where the domestic corporation holds it indirectly through a foreign corporation listed in paragraph (2), item (i), (b) that pertains to the domestic corporation) and there is a relationship of substantive control between the domestic corporation and the foreign trust, the trustee of the foreign trust is deemed to be a different person for each of the trust assets, etc. under the foreign trust (meaning assets and liabilities included in the trust property and profits and expenses attributed to the trust property; hereinafter the same applies in this paragraph) and the trustee's own assets, etc. (meaning the trustee's assets and liabilities as well as profits and expenses other than those included in the trust assets, etc. under the foreign trust), and the provisions of this Article through Article 66-9 are applied thereto.

The provisions of Article 4-2, paragraph (2) and Article 4-3 of the Corporation Tax Act apply mutatis mutandis in the case where the provisions of the preceding paragraph are to apply.

When the Minister of Finance has designated a state or territory pursuant to the provisions of paragraph (2), item (ii), (d), the Minister is to give public notice thereof.