Article 37-6Special Provisions on Taxation in the Case of Acquisition of Land, etc. through Specified Exchange and Consolidation
第三十七条の六（特定の交換分合により土地等を取得した場合の課税の特例）
Where land or a right existing on land held by an individual (excluding that which falls under inventory assets prescribed in Article 2, paragraph (1), item (xvi) of the Income Tax Act or other assets equivalent thereto specified by Cabinet Order; hereinafter referred to as "land, etc." in this paragraph and paragraph (4)) comes to fall under any of the cases listed in the following items, the provisions of Article 31 or Article 32 apply by deeming that the land, etc. transferred (the transfer includes lending of real property, etc. giving rise to capital gains; hereinafter the same applies in this paragraph, paragraph (4) and paragraph (5)) through the exchange and consolidation prescribed in the relevant item (where the individual has acquired the settlement money prescribed in the relevant item together with the land, etc. prescribed in that item, the portion of the land, etc. so transferred specified by Cabinet Order as the portion other than that corresponding to the amount of the settlement money) was not transferred:
個人の有する土地又は土地の上に存する権利（所得税法第二条第一項第十六号に規定する棚卸資産その他これに準ずる資産で政令で定めるものに該当するものを除く。以下この項及び第四項において「土地等」という。）が次の各号に掲げる場合に該当することとなつた場合には、当該各号に規定する交換分合により譲渡（譲渡所得の基因となる不動産等の貸付けを含む。以下この項、第四項及び第五項において同じ。）をした土地等（当該各号に規定する土地等とともに当該各号に規定する清算金の取得をした場合には、当該譲渡をした土地等のうち当該清算金の額に対応する部分以外のものとして政令で定める部分）の譲渡がなかつたものとして、第三十一条又は第三十二条の規定を適用する。
where the individual has made a transfer of land, etc. (excluding a transfer to which the provisions of Articles 34 through 34-3, Article 35-2, Article 35-3, Article 37 or Article 37-4 apply) through an exchange and consolidation under Article 13-2, paragraph (2) of the Act on Establishment of Agricultural Promotion Regions, and has acquired land, etc. through that exchange and consolidation (including the case where the individual has acquired, together with that land, etc., settlement money under Article 102, paragraph (4) of the Land Improvement Act as applied mutatis mutandis pursuant to Article 13-5 of that Act);
where the individual has made a transfer of land, etc. (limited to land, etc. held by an individual who is a member of an agricultural and residential land cooperative or by any other person specified by Cabinet Order) (excluding a transfer to which the provisions of Article 33, Article 33-4, Articles 34 through 35-3, Article 36-2, Article 36-5, Article 37, Article 37-4 or the preceding Article apply) through an exchange and consolidation under Article 7, paragraph (2), item (iii) of the Farming and Residence Association Act (Act No. 86 of 1980) (limited to one carried out within an area specified by Cabinet Order as provided for in Chapter II, Section 3 of that Act), and has acquired land, etc. through that exchange and consolidation (including the case where the individual has acquired, together with that land, etc., settlement money under Article 102, paragraph (4) of the Land Improvement Act as applied mutatis mutandis pursuant to Article 11 of that Act).
The provisions of the preceding paragraph apply only where the final 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 has attached to it a document specified by Order of the Ministry of Finance as a copy of the exchange and consolidation plan pertaining to the exchange and consolidation prescribed in the items of that paragraph.
Even if a final return is not filed, or a final return is filed without the statement or document referred to in the preceding paragraph, the district director may apply the provisions of paragraph (1) if the district director finds that there were unavoidable circumstances for the failure to file the return or to include the statement or document, but only if a document giving that statement and the document prescribed by Order of the Ministry of Finance referred to in that paragraph are submitted.
Where, with respect to land, etc. acquired through the exchange and consolidation prescribed in the items of paragraph (1) by an individual who has received the application of the provisions of that paragraph (hereinafter referred to as an "asset acquired by exchange" in this paragraph and the following paragraph), there is a transfer, inheritance, bequest or gift on or after the date of its acquisition, and the amount of business income, the amount of capital gains or the amount of miscellaneous income pertaining to the asset acquired by exchange is calculated, the time of acquisition of the land, etc. transferred through the exchange and consolidation (hereinafter referred to as an "asset transferred by exchange" in this paragraph) is the time of acquisition of the asset acquired by exchange, and the sum of the following amounts is its acquisition price:
the acquisition price, etc. of the asset transferred by exchange (where there are expenses incurred for the transfer of the asset transferred by exchange, the amount obtained by adding the amount of those expenses, and where the individual has acquired the settlement money prescribed in the items of paragraph (1) together with the asset acquired by exchange, the amount calculated pursuant to the provisions of Cabinet Order as the amount of the portion of the acquisition price, etc. and the amount of the expenses incurred for the transfer other than the portion corresponding to the amount of the settlement money);
where the individual has acquired the asset acquired by exchange by paying the settlement money prescribed in the items of paragraph (1) together with the asset transferred by exchange, the amount of the settlement money;
where there are expenses incurred to acquire the asset acquired by exchange, the amount of those expenses.
交換取得資産を取得するために要した経費の額がある場合には、当該経費の額
When the amount of business income, the amount of capital gains or the amount of miscellaneous income pertaining to the transfer of an asset acquired by exchange is calculated, a statement to the effect that the acquisition price of the asset acquired by exchange has been calculated pursuant to the provisions of the preceding paragraph and the details of the calculation are to be stated in the final return.