Act on Special Measures Concerning Taxation

Any amount specified by Cabinet Order as the amount of distribution of proceeds from a specified investment trust (meaning an investment trust prescribed in Article 2, paragraph (3) of the Act on Investment Trusts and Investment Corporations (referred to in this paragraph as the "Investment Trust Act"), which falls under the category of trust subject to corporation taxation; hereinafter the same applies in this Article) (such amount of distribution of proceeds referred to in this paragraph and paragraph (4) as "amount of distribution of proceeds"), which pertains to the business year of the Trust Corporation (meaning a Trust Corporation prescribed in Article 4-3 of the Corporation Tax Act (limited to a Trust Corporation that is deemed to be a domestic corporation pursuant to the provisions of Article 4-3, item (i) of the Act as applied mutatis mutandis pursuant to Article 2-2, paragraph (3) and therefore be subject to the provisions of this Act); the same applies in the following paragraph and paragraph (3)) for the specified investment trust, is included in the amount of deductible expenses in the calculation of the amount of [the Trust Corporation's] income for the business year, if the specified investment trust satisfies the requirements listed in item (i) and the business year satisfies the requirements listed in item (ii); provided, however, that where the amount of distribution of proceeds exceeds the amount specified by Cabinet Order as the amount of [the Trust Corporation's] income for the business year, the amount to be included in the amount of deductible expenses is to be limited to such amount specified by Cabinet Order:

all of the following requirements:

notification has been made with respect to the special investment trust pursuant to the provisions of Article 4, paragraph (1) or Article 49, paragraph (1) of the Investment Trust Act;

the public offering of beneficial interests of the specified investment trust conducted by the trustee (or, for an investment trust operated with instruction from the settlor prescribed in Article 2, paragraph (1) of the Investment Trust Act, the settlor; the same applies in (c)) is conducted by way of private placement by an institutional investment (meaning private placement by a qualified institutional investment prescribed in Article 4, paragraph (2), item (xii) of the Investment Trust Act only with a person specified by Order of the Ministry of Finance as the counterparty) and an investment trust contract (meaning a contract for an investment trust operated with instruction from the settlor prescribed in paragraph (1) of that Article or a contract for an investment trust operated without instruction from the settlor prescribed in Article 49, paragraph (1) of the Investment Trust Act) contains the statement to that effect;

the public offering of beneficial rights of the special investment trust conducted by the trustee falls under the category of public offering of beneficial rights specified by Cabinet Order as one conducted mainly in Japan; and.

any other requirement specified by Cabinet Order.

all of the following requirements:

at the end of the business year, the trust corporation does not fall under the category of family corporations prescribed in Article 2, item (x) of the Corporation Tax Act;

the ratio specified by Cabinet Order as the ratio of the amount of distribution of proceeds pertaining to the business year to the amount of distributable proceeds exceeds 90 percent;

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 Trust Act held 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 held at that time;

any other requirement specified by Cabinet Order.

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 a Trust Corporation for a specified investment trust, the phrase "that which falls under" in Article 62-3, paragraph (3) is deemed to be replaced with "that which falls under, and a transfer conducted by the Trust Corporation prescribed in Article 68-3-3, paragraph (1) for a specified investment trust prescribed in that paragraph that is conducted in a business year that satisfies the requirements listed in item (ii) of that paragraph (excluding (b))", 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 application of the provisions of Article 23 of the Corporation Tax Act to the amount of distribution of proceeds from a specified investment trust (limited to one that satisfies the requirements listed in paragraph (1), item (i), (b) and (c)) received by a corporation, the phrase "amounts (for the amount listed in item (i)" in paragraph (1) of that Article is deemed to be replaced with "amounts (excluding the amount of distribution of proceeds prescribed in Article 68-3-3, paragraph (1) of the Act on Special Measures Concerning Taxation from a specified investment trust prescribed in paragraph (4) (Special Provisions on Taxation of the Trust Corporation of a Special Investment Trust) of that Article, and, for the amount listed in item (i)".

The provisions of paragraph (1) apply only where the Trust Corporation for a specified investment trust has filed a tax return prescribed in Article 2, item (xxxi) of the Corporation Tax Act (referred to in the following paragraph as a "tax return") for the business year for which the Trust Corporation seeks the application of the provisions of the paragraph, with an application made therein to seek the inclusion in deductible expenses of the amount to be included in the amount of deductible expenses pursuant to the provisions of paragraph (1) and a written statement attached thereto regarding the calculation of the amount to be included in the amount of deductible expenses, and preserved the documents that certify that the requirements listed in item (i), (b) and (c) of the paragraph are satisfied.

Even where the Trust Corporation for a specified investment trust has filed a tax return 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 Trust 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 specified in the preceding two paragraphs, the application of the provisions of paragraphs (1) through (4), and other necessary matters concerning the application of the provisions of laws and regulations concerning corporation tax on income for the relevant business year of a Trust Corporation prescribed in Article 4-3 of the Corporation Tax Act from a specified investment trust and of the beneficiaries of the specified investment trust are specified by Cabinet Order.

If an ordinary corporation or a cooperative, etc. comes to fall under the category of public interest corporation, etc., that ordinary corporation or cooperative, etc. is deemed to have dissolved on the day before the day on which it comes to fall under that category, and the provisions of Articles 55, 56, 57-4, 57-5 and 57-8 and other provisions specified by Cabinet Order apply.

If an ordinary corporation or a cooperative, etc. has come to fall under the category of public interest corporation, etc., that public interest corporation, etc. is deemed to have been established on the day on which it came to fall under that category, and the provisions of Article 42-4, paragraphs (1), (4) and (7), Article 42-5, paragraph (2), Article 42-6, paragraph (3), Article 42-9, paragraph (2), Article 42-12-4, paragraph (3), Article 42-12-5, Article 42-12-6, paragraphs (4), (7) and (14), Article 42-12-7, paragraphs (3) and (8), and Article 42-13, paragraph (5) and other provisions specified by Cabinet Order apply.

If a foreign corporation that has a permanent establishment comes to have no permanent establishment (excluding the case where it comes to have no permanent establishment due to a qualified merger in which that foreign corporation is the merged corporation or any other event specified by Cabinet Order), with regard to the calculation of the amount of income pertaining to the domestic source income listed in Article 141, item (i), (a) of the Corporation Tax Act of that foreign corporation, that foreign corporation is deemed to have dissolved on the day on which it comes to have no permanent establishment, and the provisions of Articles 56 and 57-8 and other provisions specified by Cabinet Order apply.

If a foreign corporation that has no permanent establishment has come to have a permanent establishment (limited to the case where it had a permanent establishment in any business year before the business year that includes the day on which it came to have one), with regard to the calculation of the amount of income pertaining to the domestic source income listed in Article 141, item (i), (a) of the Corporation Tax Act of that foreign corporation, that foreign corporation is deemed to have been established on the day on which it came to have a permanent establishment, and the provisions of Article 42-4, paragraphs (1), (4) and (7), Article 42-5, paragraph (2), Article 42-6, paragraph (3), Article 42-9, paragraph (2), Article 42-12-4, paragraph (3), Article 42-12-5, Article 42-12-6, paragraphs (4), (7) and (14), Article 42-12-7, paragraphs (3) and (8), and Article 42-13, paragraph (5) and other provisions specified by Cabinet Order apply.

The treatment in the case where an ordinary corporation or a cooperative, etc. has conducted a qualified merger in which that ordinary corporation or cooperative, etc. is the merged corporation and a public interest corporation, etc. is the merging corporation, and other necessary matters concerning the application of the provisions of the preceding paragraphs are specified by Cabinet Order.

With regard to the application of the provisions of Part II, Chapter I, Section 3, Subsection 2-2 of the Corporation Tax Act or Chapter II, Section 3, Subsection 3 of the Local Corporation Tax Act in the case where a domestic corporation that is a specified corporation prescribed in Article 75-4, paragraph (2) of the Corporation Tax Act or a specified corporation prescribed in Article 19-3, paragraph (2) of the Local Corporation Tax Act receives the application of the provisions of this Chapter (including orders based on them) or other provisions specified by Cabinet Order as provisions that provide for special provisions concerning corporation tax or local corporation tax, the phrase "(including orders based on it)" in Article 75-4, paragraph (1) of the Corporation Tax Act is deemed to be replaced with "(including orders based on it), the provisions of Chapter III (Special Provisions on the Corporation Tax Act) of the Act on Special Measures Concerning Taxation (including orders based on them; the same applies in paragraph (3)), the provisions specified by Cabinet Order prescribed in Article 68-4 (Special Provisions on Filing Returns by Means of Electronic Data Processing System) of that Act", the phrase "(including orders based on it) and" in paragraph (3) of that Article with "(including orders based on it), the provisions of Chapter III of the Act on Special Measures Concerning Taxation, the provisions specified by Cabinet Order prescribed in Article 68-4 of that Act,", the phrase "(including orders based on it)" in Article 19-3, paragraph (1) of the Local Corporation Tax Act with "(including orders based on it), the provisions of Chapter III of the Act on Special Measures Concerning Taxation (including orders based on them; the same applies in that paragraph), the provisions specified by Cabinet Order prescribed in Article 68-4 of that Act", and the phrase "(including orders based on it) and" in paragraph (3) of that Article with "(including orders based on it), the provisions of Chapter III of the Act on Special Measures Concerning Taxation, the provisions specified by Cabinet Order prescribed in Article 68-4 of that Act,".

With regard to the retirement pension funds for each business year commencing during the period from April 1, 1999 to March 31, 2029 of a corporation that conducts retirement pension business, etc. prescribed in Article 84, paragraph (1) of the Corporation Tax Act (including business deemed to be retirement pension business, etc. pursuant to the provisions of Article 20, paragraph (2) of the Supplementary Provisions of that Act), notwithstanding the provisions of Article 7 or 9 of that Act and Article 20, paragraph (1) of the Supplementary Provisions of that Act, no corporation tax on retirement pension funds is imposed.

A public interest corporation, etc. (excluding a corporation specified by Cabinet Order that is deemed to be a public interest corporation, etc. under an Act other than the Corporation Tax Act and a corporation specified by Cabinet Order as a small-scale corporation) must, except where it is required to file a return under the provisions of Article 74, paragraph (1) of the Corporation Tax Act for the business year, submit, as provided by Order of the Ministry of Finance, its profit and loss statement or statement of receipts and disbursements for the business year to the district director having jurisdiction over the location of its principal office as of the end of the business year, within four months from the day following the end of the business year (or, for a corporation specified by Cabinet Order, within the period specified by Cabinet Order from that day).