Article 70-7-11Special Provisions Where a Gift or Bequest Is Deemed to Have Been Made upon the Death of an Individual
第七十条の七の十一(個人の死亡に伴い贈与又は遺贈があつたものとみなされる場合の特例)
In the case where, upon the death of an individual who held an equity interest in a transitional medical corporation prescribed in paragraph (2) of the following Article, the value of the equity interest held by another individual who holds an equity interest in that transitional medical corporation has increased, with regard to the application of the main clause of Article 9 of the Inheritance Tax Act to the economic benefit arising from the increase in the value of that equity interest, the phrase "gift (or, in the case where that act was made by will, bequest)" in the main clause of that Article is deemed to be replaced with "gift". In this case, the provisions of Article 19, paragraph (1) of that Act do not apply to that economic benefit.
In the case prescribed in the first sentence of the preceding paragraph, if the transitional medical corporation referred to in that paragraph is a certified medical care corporation (limited to a medical care corporation that has received certification by the Minister of Health, Labour and Welfare during the period from the effective date of the 2014 Medical Care Act amendments to December 31, 2029) as of the filing deadline for the gift tax return relating to the economic benefit referred to in that paragraph, the other individual referred to in that paragraph may receive the application of the provisions of the preceding two Articles with regard to that economic benefit. In this case, the deceased individual referred to in that paragraph is deemed to be the donor prescribed in Article 70-7-9, paragraph (1) or paragraph (1) of the preceding Article, and that other individual is deemed to be the donee prescribed in those provisions.
The provisions of paragraph (1) do not apply except in the case where the other individual referred to in that paragraph has chosen the application of the provisions of the preceding two Articles pursuant to the provisions of the preceding paragraph.
The technical replacement of terms necessary where the provisions of the preceding two Articles are applied pursuant to the provisions of paragraph (2), and other necessary matters concerning the application of the provisions of the preceding three paragraphs, are specified by Cabinet Order.