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Article 67-15第六十七条の十五
Special Provisions on Taxation on Investment Corporations（投資法人に係る課税の特例）
Article 67-15, paragraph (1)
The amount listed in Article 23, paragraph (1), item (ii) of the Corporation Tax Act (including, where the amount of money that an investment corporation delivers to its unitholders (meaning unitholders prescribed in Article 2, paragraph (16) of the Investment Corporation Act) due to any of the grounds listed in the items of Article 24, paragraph (1) of that Act (excluding items (ii), (iii) and (vii)) exceeds the amount specified by Cabinet Order as the amount of the portion, out of the amount of stated capital, etc. of that investment corporation prescribed in Article 2, item (xvi) of the Corporation Tax Act, that corresponds to the investment units of that investment corporation (meaning investment units prescribed in Article 2, paragraph (14) of the Investment Corporation Act; the same applies in item (i) and paragraph (7)) that gave rise to that delivery, the amount of the excess portion, and any other amount specified by Cabinet Order; referred to as the "amount of dividends and similar income" in this paragraph and paragraph (4)) paid by an investment corporation prescribed in Article 2, paragraph (12) of the Act on Investment Trusts and Investment Corporations (referred to as the "Investment Corporation Act" in this paragraph and the following paragraph) (limited to one that satisfies the requirements listed in item (i)), which pertains to a business year that satisfies the requirements listed in item (ii) (referred to as a "business year of application" in this paragraph), is included in deductible expenses in calculating the amount of income for that business year of application; provided, however, that if that amount of dividends and similar income exceeds the amount specified by Cabinet Order as the amount of income for that business year of application, the amount to be included in deductible expenses is limited to that amount specified by Cabinet Order.
it has been registered under Article 187 of the Investment Corporation Act;
投資法人法第百八十七条の登録を受けているものであること。
Article 67-15, paragraph (1), item (i), (b)
it falls under either of the following:
次のいずれかに該当するものであること。
Article 67-15, paragraph (1), item (i), (b), (1)
an investment corporation for which the total issue price of the investment units issued at its incorporation (limited to an issuance for which the public offering of securities prescribed in Article 2, paragraph (3) of the Financial Instruments and Exchange Act pertaining to that issuance is a solicitation of offers to acquire prescribed in that paragraph that falls under the case listed in item (i) of that paragraph) is 100,000,000 yen or more;
an investment corporation whose issued investment units are, at the end of the business year, held by 50 or more persons or held only by institutional investors (meaning financial instruments business operators prescribed in Article 2, paragraph (9) of the Financial Instruments and Exchange Act (limited to persons engaged in, out of the type I financial instruments business prescribed in Article 28, paragraph (1) of that Act, that which falls under the securities-related business prescribed in paragraph (10) of that Article, or in the investment management business prescribed in paragraph (4) of that Article) and other persons specified by Order of the Ministry of Finance).
there is no fact of its having violated the provisions of Article 63 of the Investment Corporation Act;
投資法人法第六十三条の規定に違反している事実がないこと。
Article 67-15, paragraph (1), item (ii), (b)
it has entrusted the business pertaining to the management of its assets to an asset management company prescribed in Article 198, paragraph (1) of the Investment Corporation Act;
その資産の運用に係る業務を投資法人法第百九十八条第一項に規定する資産運用会社に委託していること。
Article 67-15, paragraph (1), item (ii), (c)
it has entrusted the business pertaining to the custody of its assets to an asset custody company prescribed in Article 208, paragraph (1) of the Investment Corporation Act;
その資産の保管に係る業務を投資法人法第二百八条第一項に規定する資産保管会社に委託していること。
Article 67-15, paragraph (1), item (ii), (d)
at the end of the business year, it does not fall under the category of family corporations prescribed in Article 2, item (x) of the Corporation Tax Act that are specified by Cabinet Order;
the amount paid as the amount of dividends and similar income pertaining to the business year exceeds 90 percent of the amount specified by Cabinet Order as the amount of distributable profit for the business year;
if it holds shares of or capital contributions to another corporation (excluding a corporation specified by Order of the Ministry of Finance as one whose purpose is to conduct exclusively, on behalf of that investment corporation, the transactions listed in Article 193, paragraph (1), items (iii) through (v) of the Investment Corporation Act (limited to those conducted outside Japan) in the case where that investment corporation falls under the case prescribed in Article 194, paragraph (2) of the Investment Corporation Act; the same applies in (1)) or has made a capital contribution under a silent partnership contract, etc. (meaning a silent partnership contract (including a contract specified by Cabinet Order as one equivalent thereto) and a similar contract in a foreign country; the same applies in (1) and (2)), neither of the following ratios is 50 percent or more:
the ratio of the number or amount of the shares of or capital contributions to the other corporation held by that investment corporation (including the number or amount calculated as provided by Cabinet Order as the number or amount of the portion corresponding to the amount of that investment corporation's capital contribution under that silent partnership contract, etc., out of the number or amount of the shares of or capital contributions to the other corporation that are property pertaining to the business of the person receiving capital contributions under that silent partnership contract, etc. that is the purpose of that silent partnership contract, etc.) to the total number or total amount of the issued shares of or capital contributions to the other corporation (excluding the shares or capital contributions held by the other corporation itself);
the ratio of the amount of that investment corporation's capital contribution under that silent partnership contract, etc. to the total of that amount and the amount of the capital contributions that the person receiving capital contributions under that silent partnership contract, etc. receives under other silent partnership contracts, etc. whose business purpose is the same as that of that silent partnership contract, etc.
the amount specified by Cabinet Order as the book value of securities, real property and other assets specified by Cabinet Order, out of the specified assets prescribed in Article 2, paragraph (1) of the Investment Corporation Act that it holds at the end of the business year, exceeds the amount equivalent to one half of the amount specified by Cabinet Order as the total amount of the assets it holds at that time;
With regard to the application of the provisions of the Corporation Tax Act to an investment corporation prescribed in Article 2, paragraph (12) of the Investment Corporation Act (referred to as an "investment corporation" in this Article), the terms and phrases listed in the middle column of the following table that appear in the provisions of that Act 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 23, paragraph (1)
a domestic corporation
a domestic corporation (excluding an investment corporation)
Article 23-2, paragraph (1)
a domestic corporation receives from a foreign subsidiary
a domestic corporation (excluding an investment corporation; hereinafter the same applies in this paragraph) receives from a foreign subsidiary
Article 57, paragraph (1), proviso
50 percent of the amount of income
50 percent of the amount of income (or, for an investment corporation that satisfies the requirements listed in Article 67-15, paragraph (1), item (i) (Special Provisions on Taxation on Investment Corporations) of the Act on Special Measures Concerning Taxation, 100 percent of that amount of income)
Article 69, paragraph (1)
a domestic corporation in each business year
a domestic corporation (excluding an investment corporation; hereinafter the same applies in this Article) in each business year
With regard to the application of the provisions of Article 62-3, paragraph (3), Article 66-8, paragraphs (1) and (7), and Article 66-9-4, paragraphs (1) and (6) to an investment corporation, the phrase "falls under" in Article 62-3, paragraph (3) is deemed to be replaced with "falls under, and a transfer conducted by an investment corporation prescribed in Article 2, paragraph (12) of the Act on Investment Trusts and Investment Corporations that is conducted in a business year that satisfies the requirements listed in Article 67-15, paragraph (1), item (ii) (excluding (e))", the phrase "a foreign corporation (excluding one that falls under the category of foreign subsidiary prescribed in Article 23-2, paragraph (1) of the Corporation Tax Act; hereinafter the same applies in this paragraph)" in Article 66-8, paragraph (1) is deemed to be replaced with "a foreign corporation", the phrase "that Act" with "the Corporation Tax Act", the phrase "a foreign corporation (excluding one that falls under the category of foreign subsidiary prescribed in Article 23-2, paragraph (1) of the Corporation Tax Act; hereinafter the same applies in this paragraph)" in paragraph (7) of that Article with "a foreign corporation", the phrase "a foreign corporation (excluding one that falls under the category of foreign subsidiary prescribed in Article 23-2, paragraph (1) of the Corporation Tax Act; hereinafter the same applies in this paragraph)" in Article 66-9-4, paragraph (1) with "a foreign corporation", the phrase "that Act" with "the Corporation Tax Act", and the phrase "a foreign corporation (excluding one that falls under the category of foreign subsidiary prescribed in Article 23-2, paragraph (1) of the Corporation Tax Act; hereinafter the same applies in this paragraph)" in paragraph (6) of that Article with "a foreign corporation".
With regard to the amount of dividends and similar income that a corporation receives from an investment corporation, the provisions of Article 23, paragraph (1) of the Corporation Tax Act do not apply.
法人が投資法人から支払を受ける配当等の額については、法人税法第二十三条第一項の規定は、適用しない。
Article 67-15, paragraph (5)
The provisions of paragraph (1) apply only where the investment corporation has filed a final return, etc. for the business year for which it seeks the application of the provisions of that paragraph, with an application made therein to seek the inclusion in deductible expenses of the amount to be included in deductible expenses pursuant to the provisions of that paragraph and a written statement attached thereto regarding the calculation of the amount to be included in deductible expenses, and has preserved the documents that certify that the requirements listed in item (i), (b) and (c) of that paragraph are satisfied.
Even where the investment corporation has filed a final return, etc. without the application or written statement set forth in the preceding paragraph attached thereto or failed to preserve the documents on the calculation set forth in the paragraph, the district director may, when they find any unavoidable reason for the investment corporation's failure to make a necessary application, attach a necessary written statement or preserve the necessary documents on the calculation, apply the provisions of paragraph (1).
Beyond what is provided for in the preceding two paragraphs, special provisions on the requirement listed in paragraph (1), item (ii), (g) for an investment corporation whose investment units are listed on a financial instruments exchange prescribed in Article 2, paragraph (16) of the Financial Instruments and Exchange Act or that satisfies other requirements, and other necessary matters concerning the application of the provisions of paragraphs (1) through (4) and of the provisions of laws and regulations concerning corporation tax with respect to investment corporations and their members, are specified by Cabinet Order.