The amount of anything other than money, rights, or other economic benefits prescribed in Article 28, paragraphs (1) and (2) of the Act is the value at the time when that thing or those rights are acquired or that benefit is enjoyed.
第二項
次の各号に掲げる行為に該当するものの対価の額は、当該各号に定める金額とする。
The amount of consideration for anything that falls under an act listed in the following items is the amount specified in the respective item:
a transfer of assets by payment in kind: an amount equivalent to the amount of the obligation extinguished by that payment in kind (where payment is received for an amount equivalent to the excess of the value of the assets transferred by that payment in kind over the amount of that obligation, the amount obtained by adding the amount of payment so received);
二
負担付き贈与による資産の譲渡 当該負担付き贈与に係る負担の価額に相当する金額
a transfer of assets by gift with burden: an amount equivalent to the value of the burden pertaining to that gift with burden;
a capital contribution of assets other than money: an amount equivalent to the value, at the time of acquisition, of the shares (including capital contributions) acquired through that contribution;
an exchange of assets: an amount equivalent to the value, at the time of acquisition, of the assets acquired through that exchange (where money is acquired to make up the difference between the value of the assets transferred through that exchange and the value of the assets acquired through that exchange, the amount obtained by adding the amount of the money so acquired, and where money is paid to make up that difference, the amount obtained by deducting the amount of the money so paid);
anything deemed to be a transfer of assets or a contribution listed in Article 2, paragraph (1), item (iii): an amount equivalent to the value of the assets at the time of that transfer of assets or at the time when the trust under which the beneficiary prescribed in that item is deemed to hold the assets belonging to its trust property has come to fall under a trust subject to corporate taxation as referred to in that item.
Where a business operator simultaneously transfers to the same person assets belonging to two or more different categories among the categories of assets listed in the following items, and the amount of consideration for the transfer of those assets has not been reasonably divided among the assets listed in the following items, the amount of consideration for the transfer of the assets listed in item (i) is the amount calculated by multiplying the amount of consideration for the transfer of those assets by the proportion that the value of the assets listed in that item bears to the total value of those assets at the time of their transfer, and the amount of consideration for the transfer of the assets listed in item (ii) is the amount calculated by multiplying the amount of consideration for the transfer of those assets by the proportion that the value of the assets listed in that item bears to the total value of those assets at the time of their transfer. In this case, the tax base for consumption tax pertaining to the transfer of the assets listed in item (i) is the amount of consideration for the transfer of those assets (where the amount of consumption tax, etc. (meaning the amount of consumption tax to be imposed on the transfer of those assets and the amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as its tax base; the same applies hereinafter in this paragraph) is included in that amount of consideration, the amount calculated by multiplying that amount of consideration by 100/110), and the tax base for consumption tax pertaining to the transfer of the assets listed in item (ii) is the amount of consideration for the transfer of those assets (where the amount of consumption tax, etc. is included in that amount of consideration, the amount calculated by multiplying that amount of consideration by 100/108):
一
課税資産の譲渡等(特定資産の譲渡等及び軽減対象課税資産の譲渡等に該当するものを除く。)に係る資産
assets pertaining to a taxable transfer, etc. of assets (excluding one that falls under a specified transfer, etc. of assets or a taxable transfer, etc. of assets subject to the reduced rate);
二
軽減対象課税資産の譲渡等に係る資産
assets pertaining to a taxable transfer, etc. of assets subject to the reduced rate;
三
課税資産の譲渡等以外の資産の譲渡等に係る資産
assets pertaining to a transfer, etc. of assets other than a taxable transfer, etc. of assets.