Act on Special Measures Concerning Taxation

With regard to land, etc. that falls under any of the following items as of the taxation date, excluding land, etc. that is exempt from land value tax under the provisions of Articles 6 through 8 and Article 3, paragraph (2) of the Supplementary Provisions of the Land-holding Tax Act and the provisions of Articles 71-2 through 71-6, and land, etc. that falls under the provisions of Article 17 of that Act and the provisions of Articles 71-7 through 71-12, the value to be included in the taxable value of land value tax prescribed in Article 16 of that Act is the amount equivalent to two-thirds of the value of that land, etc.:

land, etc. relating to public open space (meaning open space specified by Cabinet Order that is open to the general public on a daily basis; the same applies hereinafter in this item), out of land, etc. used for a building specified by Cabinet Order that has been constructed with the permission under the provisions of Article 59-2, paragraph (1) of the Building Standards Act (excluding, in the case where that land, etc. is also used for purposes other than public open space, the part of that land, etc. specified by Cabinet Order as the part used for purposes other than that public open space);

land, etc. relating to effective open space (meaning open space specified by Cabinet Order that is effective for the improvement of the environment of the area of that specified block and that can be used by the public; the same applies hereinafter in this item), out of land, etc. used for a building specified by Cabinet Order that has been constructed within the area of a specified block listed in Article 8, paragraph (1), item (iv) of the City Planning Act that is specified in a city plan prescribed in Article 4, paragraph (1) of that Act (excluding, in the case where that land, etc. is also used for purposes other than effective open space, the part of that land, etc. specified by Cabinet Order as the part used for purposes other than that effective open space).

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis in the case where the provisions of the preceding paragraph apply. In this case, the phrase "Article 71-13, paragraph (1) (Special Provisions on Calculation of Taxable Value for Land, etc. Used for Environmental Facilities) of the Act on Special Measures Concerning Taxation" in paragraph (2) of that Article is deemed to be replaced with "Article 71-14, paragraph (1) (Special Provisions on Calculation of Taxable Value for Land, etc. Relating to Public Open Spaces, etc.) of the Act on Special Measures Concerning Taxation".

The provisions of Article 71-7, paragraphs (5) and (6) apply mutatis mutandis where the provisions of paragraph (1) are applied.

With regard to land, etc. that falls under land, etc. relating to the part (referred to as "specified district facilities, etc. under a district plan" in this paragraph), out of land, etc. used, as of the taxation date, for district facilities prescribed in Article 12-5, paragraph (2), item (i) of the City Planning Act or other facilities specified by Cabinet Order located within the area of a district plan listed in Article 12-4, paragraph (1), item (i) of that Act that is specified in a city plan prescribed in Article 4, paragraph (1) of that Act (limited to the area of a district development plan listed in Article 12-5, paragraph (2), item (i) of that Act (limited to one specified by Cabinet Order), where that district development plan has been established), on which walls of buildings or other things specified by Cabinet Order may not be constructed in violation of a restriction on the position of walls prescribed in paragraph (7), item (ii) of that Article that is set in that district development plan and that has been established as a restriction under Article 68-2, paragraph (1) of the Building Standards Act by a Prefectural or Municipal Ordinance based on the provisions of that paragraph (excluding, in the case where that land, etc. is also used for purposes other than the specified district facilities, etc. under a district plan, the part of that land, etc. specified by Cabinet Order as the part used for purposes other than those specified district facilities, etc. under a district plan), excluding land, etc. that is exempt from land value tax under the provisions of Articles 6 through 8 and Article 3, paragraph (2) of the Supplementary Provisions of the Land-holding Tax Act and the provisions of Articles 71-2 through 71-6, and land, etc. that falls under the provisions of Article 17 of that Act and the provisions of Articles 71-7 through 71-12, the value to be included in the taxable value of land value tax prescribed in Article 16 of that Act is the amount equivalent to two-thirds of the value of that land, etc.

The provisions of Article 71-13, paragraph (2) apply mutatis mutandis in the case where the provisions of the preceding paragraph apply. In this case, the phrase "Article 71-13, paragraph (1) (Special Provisions on Calculation of Taxable Value for Land, etc. Used for Environmental Facilities) of the Act on Special Measures Concerning Taxation" in paragraph (2) of that Article is deemed to be replaced with "Article 71-15, paragraph (1) (Special Provisions on Calculation of Taxable Value for Land, etc. Used for Specified District Facilities, etc.) of the Act on Special Measures Concerning Taxation".

The provisions of Article 71-7, paragraphs (5) and (6) apply mutatis mutandis where the provisions of paragraph (1) are applied.

With regard to land, etc. specified by Cabinet Order as land, etc. used exclusively for specified broadcasting facilities (meaning radio equipment prescribed in Article 2, item (iv) of the Radio Act (Act No. 131 of 1950) that is specified by Cabinet Order and relates to a broadcasting station prescribed in Article 2, item (xx) of the Broadcasting Act held by a basic broadcaster prescribed in Article 2, item (xxiii) of the Broadcasting Act (Act No. 132 of 1950) (excluding the Japan Broadcasting Corporation and The Open University of Japan prescribed in Article 3 of the Act on the Open University of Japan (Act No. 156 of 2002)) or by a basic broadcasting station provider prescribed in Article 2, item (xxiv) of the Broadcasting Act), out of land, etc. used for those specified broadcasting facilities as of the taxation date, excluding land, etc. that is exempt from land value tax under the provisions of Articles 6 through 8 and Article 3, paragraph (2) of the Supplementary Provisions of the Land-holding Tax Act and the provisions of Articles 71-2 through 71-6, and land, etc. that falls under the provisions of Article 17 of that Act and the provisions of Articles 71-7 through 71-12, the value to be included in the taxable value of land value tax prescribed in Article 16 of that Act is the amount equivalent to two-thirds of the value of that land, etc.

The provisions of Article 71-13, paragraph (2) apply mutatis mutandis in the case where the provisions of the preceding paragraph apply. In this case, the phrase "Article 71-13, paragraph (1) (Special Provisions on Calculation of Taxable Value for Land, etc. Used for Environmental Facilities) of the Act on Special Measures Concerning Taxation" in paragraph (2) of that Article is deemed to be replaced with "Article 71-16, paragraph (1) (Special Provisions on Calculation of Taxable Value for Land, etc. Used for Specified Broadcasting Facilities) of the Act on Special Measures Concerning Taxation".

The provisions of Article 71-7, paragraphs (5) and (6) apply mutatis mutandis where the provisions of paragraph (1) are applied.

With regard to an agricultural cooperative, forestry cooperative or fishery cooperative that is the merging corporation prescribed in Article 2, item (xii) of the Corporation Tax Act in a merger carried out upon receiving the certification of a merger management plan or a merger and business management plan prescribed in the provisions of Article 2, paragraph (1) or paragraph (2) of the Supplementary Provisions of the Act on Promotion of Merger of Agricultural Cooperatives (Act No. 48 of 1961), Article 2 of the Act on Promotion of Merger of Forestry Cooperatives (Act No. 56 of 1963), or Article 2 or paragraph (2) of the Supplementary Provisions of the Act on Promotion of Merger of Fishery Cooperatives (Act No. 78 of 1967), pursuant to those provisions (hereinafter referred to as an "agricultural cooperative, etc." in this paragraph), the amount of basic deduction prescribed in Article 18, paragraph (2) of the Land-holding Tax Act for the land value tax relating to the taxation date in each year from 1992 onward that falls within the period from the date of the merger to the day on which five years have elapsed from that date may, at the choice of that agricultural cooperative, etc., be the total of the lesser of the amounts listed in the following items, as calculated for each of the agricultural cooperatives, etc. before the merger relating to that merger on the assumption that the merger had not taken place:

the amount equivalent to the amount listed in Article 18, paragraph (1), item (i) of the Land-holding Tax Act;

the amount equivalent to the taxable value, as of immediately before the merger, of the land, etc. held immediately before the merger, calculated in accordance with the provisions of the Land-holding Tax Act and other laws and regulations concerning land value tax.

The provisions of the preceding paragraph apply only in the case where the land value tax return relating to the taxation date for which the application of the provisions of that paragraph is sought contains a statement to the effect that the application of the provisions of that paragraph is sought, and a document stating details of the land, etc. held immediately before the merger referred to in item (ii) of that paragraph and other matters, and any other documents specified by Order of the Ministry of Finance, are attached to that return.

Even in the case where no land value tax return has been submitted, or in the case where a land value tax return without the statement or attachment referred to in the preceding paragraph has been submitted, if the district director finds that there were unavoidable circumstances for the failure to submit the return or to include the statement or attachment, the district director may apply the provisions of paragraph (1), but only in the case where a document containing that statement and the documents specified by Order of the Ministry of Finance referred to in that paragraph have been submitted.