Supplementary Provisions, Article 8Transitional Measures Concerning Special Provisions on Taxation on Business Income, etc. Relating to Transfer, etc. of Land
第八条(土地の譲渡等に係る事業所得等の課税の特例に関する経過措置)
The provisions of Article 28-4 of the New Act apply to income tax on transfers, etc. of land prescribed in paragraph (1) of that Article that an individual carries out on or after the Effective Date, and with regard to income tax on such transfers, etc. of land that an individual carried out before the Effective Date, the provisions then in force continue to govern. In this case, with regard to such transfers, etc. of land that an individual carries out during the period from the Effective Date to December 31, 1978, only where the individual seeks to have the provisions of paragraph (2), items (i) through (vi) of that Article applied, the provisions of Article 28-4, paragraph (2) of the Former Act may, as provided by Cabinet Order, be followed in lieu of the application of the provisions of that paragraph.
新法第二十八条の四の規定は、個人が施行日以後に行う同条第一項に規定する土地の譲渡等に係る所得税について適用し、個人が施行日前に行つた当該土地の譲渡等に係る所得税については、なお従前の例による。この場合において、個人が施行日から昭和五十三年十二月三十一日までの間において行う当該土地の譲渡等については、同条第二項第一号から第六号までの規定の適用を受けようとするものである場合に限り、政令で定めるところにより、同項の規定の適用に代えて旧法第二十八条の四第二項の規定の例によることができる。
Supplementary Provisions, Article 9Transitional Measures Concerning Special Provisions on Refund by Carryback of Net Losses of Certified Small and Medium Sized Enterprises
第九条(認定中小企業者の純損失の繰戻しによる還付の特例に関する経過措置)
With regard to the application of the provisions of Article 140 or 141 of the Income Tax Act, as the terms thereof are deemed to be replaced pursuant to the provisions of Article 28-5, paragraph (1) of the New Act (including as applied mutatis mutandis pursuant to paragraph (2) of that Article; the same applies hereinafter in this Article), in the case where the year of refundable income prescribed in that paragraph is 1974, the amount of income tax that serves as the basis for calculating the refund under those provisions is the amount of income tax calculated in accordance with the provisions of Article 7 of the Supplementary Provisions of the Act Partially Amending the Income Tax Act and the Act on Reduction or Release, Deferment of Collection and Other Measures Related to Tax Imposed on Disaster Victims (Act No. 15 of 1974).
With regard to a claim for a refund of income tax under the provisions of Article 140 or 141 of the Income Tax Act, as the terms thereof are deemed to be replaced pursuant to the provisions of Article 28-5, paragraph (1) of the New Act, relating to the amount of net loss prescribed in that paragraph incurred in 1977 by a resident who falls under the category of certified small and medium sized enterprises referred to in that paragraph, notwithstanding those provisions, the claim for refund may be made by the day on which four months have elapsed from the Effective Date.
In the case referred to in the preceding paragraph, with regard to the amount of net loss incurred in 1977 by a resident prescribed in that paragraph, the provisions of the preceding paragraph may be applied to a resident (including an heir prescribed in Article 28-5, paragraph (2) of the New Act; the same applies in the following paragraph) who has already made a claim for a refund of income tax under the provisions of Article 140 or 141 of the Income Tax Act, deeming that claim for refund not to have been made.
If a resident who falls under the provisions of the preceding paragraph and to whom the provisions of paragraph (2) are applied has received a refund based on the claim for a refund prescribed in the preceding paragraph, the amount of that refund up to the amount of the refund based on the claim for a refund prescribed in paragraph (2) is deemed to be a partial payment of the refund based on the claim for a refund prescribed in that paragraph.
Supplementary Provisions, Article 10Transitional Measures Concerning Special Provisions on Taxation in the Case Where Salary Income Earners, etc. Receive Transfers of Housing, etc. or Receive Loans, etc. of Housing Funds
第十条(給与所得者等が住宅等の譲渡を受け又は住宅資金の貸付け等を受けた場合の課税の特例に関する経過措置)
The provisions of Article 29, paragraph (1) of the New Act apply to economic benefits in the case where a salary income earner, etc. prescribed in that paragraph (hereinafter referred to as a "salary income earner, etc." in this Article) acquires housing, etc. prescribed in that paragraph for low consideration on or after the Effective Date, and with regard to economic benefits in the case where a salary income earner, etc. acquired such housing, etc. for low consideration before the Effective Date, the provisions then in force continue to govern.
新法第二十九条第一項の規定は、同項に規定する給与所得者等(以下この条において「給与所得者等」という。)が施行日以後に同項に規定する住宅等を低い価額の対価により譲り受ける場合における経済的利益について適用し、給与所得者等が施行日前に当該住宅等を低い価額の対価により譲り受けた場合における経済的利益については、なお従前の例による。
The provisions of Article 29, paragraph (2) of the New Act apply to economic benefits pertaining to the period on or after the Effective Date in the case where a salary income earner, etc. has received a loan of the funds prescribed in that paragraph interest-free or with interest at a low rate, and with regard to economic benefits pertaining to the period before the Effective Date in the case where a salary income earner, etc. has received a loan of those funds interest-free or with interest at a low rate, the provisions then in force continue to govern.
The provisions of Article 29, paragraph (3) of the New Act apply to the amount received prescribed in that paragraph in the case where a salary income earner, etc. receives a payment of money to be appropriated for the interest prescribed in that paragraph on or after the Effective Date, and with regard to the amount received prescribed in Article 29, paragraph (3) of the Former Act in the case where a salary income earner, etc. received a payment of money to be appropriated for such interest before the Effective Date, the provisions then in force continue to govern.
Supplementary Provisions, Article 11Transitional Measures Concerning Special Provisions on Taxation on Capital Gains of Individuals
第十一条(個人の譲渡所得の課税の特例に関する経過措置)
The provisions of Article 32, paragraph (3) of the New Act apply to income tax on transfers of land, etc. prescribed in that paragraph that an individual carries out on or after the Effective Date and for which the certification prescribed in that paragraph has been made, and with regard to income tax on transfers of land, etc. prescribed in Article 32, paragraph (3) of the Former Act that an individual carried out before the Effective Date and for which the certification prescribed in that paragraph has been made, the provisions then in force continue to govern. In this case, with regard to transfers of land, etc. prescribed in Article 32, paragraph (1) of the New Act to which the provisions of that paragraph apply that an individual carries out during the period from the Effective Date to December 31, 1978, only where the individual seeks to have the provisions of paragraph (3) of that Article applied, the provisions of Article 32, paragraph (3) of the Former Act may, as provided by Cabinet Order, be followed in lieu of the application of the provisions of that paragraph.
新法第三十二条第三項の規定は、個人が施行日以後に行う同項に規定する土地等の譲渡で同項に規定する証明がされたものに係る所得税について適用し、個人が施行日前に行つた旧法第三十二条第三項に規定する土地等の譲渡で同項に規定する証明がされたものに係る所得税については、なお従前の例による。この場合において、個人が施行日から昭和五十三年十二月三十一日までの間において行う新法第三十二条第一項の規定の適用を受ける同項に規定する土地等の譲渡については、同条第三項の規定の適用を受けようとするものである場合に限り、政令で定めるところにより、同項の規定の適用に代えて旧法第三十二条第三項の規定の例によることができる。
Supplementary Provisions, Article 12Transitional Measures Concerning the Deduction for Housing Acquisition
第十二条(住宅取得控除に関する経過措置)
The provisions of Articles 41 and 41-2 of the New Act apply to the case where a resident has used a house prescribed in Article 41, paragraph (1) of the New Act as the resident's own residence on or after January 1, 1978 as prescribed in that paragraph, and with regard to the case where a resident used a house prescribed in Article 41, paragraph (1) of the Former Act as the resident's own residence on or before December 31, 1977 as prescribed in that paragraph, the provisions then in force continue to govern.
新法第四十一条及び第四十一条の二の規定は、居住者が新法第四十一条第一項に規定する家屋を昭和五十三年一月一日以後に同項に規定するところによりその者の居住の用に供した場合について適用し、居住者が旧法第四十一条第一項に規定する家屋を昭和五十二年十二月三十一日以前に同項に規定するところによりその者の居住の用に供した場合については、なお従前の例による。
Supplementary Provisions, Article 13Principle for Transitional Measures Concerning Special Provisions on Corporation Tax
第十三条(法人税の特例に関する経過措置の原則)
Unless otherwise provided, the provisions of Chapter III of the New Act apply to corporation tax for business years of corporations (including associations or foundations without juridical personality prescribed in Article 2, item (viii) of the Corporation Tax Act (Act No. 34 of 1965); the same applies hereinafter) commencing on or after the Effective Date, and with regard to corporation tax for business years of corporations that commenced before the Effective Date, the provisions then in force continue to govern.