The loans for which the consideration is interest, and the other lending of assets specified by Cabinet Order, prescribed in Appended Table 2, item (iii) of the Act are the lending of money for which the consideration is interest (including that incidental to the acquisition of national government bonds, etc. for which the consideration is interest and to the holding of special drawing rights prescribed in paragraph (4) of the preceding Article).
第二項
法別表第二第三号に規定する政令で定める契約は、次に掲げる契約とする。
The contracts specified by Cabinet Order prescribed in Appended Table 2, item (iii) of the Act are the following contracts:
a defined benefit pension asset management and investment contract, defined benefit pension fund asset investment contract, or defined contribution pension asset management contract prescribed in Article 84, paragraph (1) (Calculation of the Amount of Retirement Pension Funds) of the Corporation Tax Act, a qualified retirement pension contract prescribed in Article 20, paragraph (1) (Special Provisions on Corporation Tax on Retirement Pension Funds) of the Supplementary Provisions of that Act, or an employees' pension fund contract prescribed in Article 156-3, paragraph (2) (Scope, etc. of Defined Benefit Pension Reserve Funds) of the Order for the Enforcement of the Corporation Tax Act (Cabinet Order No. 97 of 1965), that relates to life insurance or non-life insurance;
a contract pertaining to life insurance that is concluded for the investment of the pension reserve funds prescribed in Article 3 (Purpose of the Management and Investment Corporation) of the Act on the Government Pension Investment Fund, Independent Administrative Agency (Act No. 105 of 2004) and is prescribed in Article 21, paragraph (1), item (iv) (Management and Investment of Reserve Funds) of that Act (including where applied mutatis mutandis under Article 24, paragraph (2) (Separate Accounting) of that Act) (including a contract pertaining to life insurance that is concluded for the investment of funds under the provisions of Article 8 (Succeeded Fund Investment Business) of the Supplementary Provisions of that Act and is prescribed in Article 21, paragraph (1), item (iv) of that Act as applied with the replacement of terms pursuant to Article 13, paragraph (1) (Application Mutatis Mutandis, etc. of Provisions on Management and Investment Business) of the Supplementary Provisions of that Act (including where applied mutatis mutandis under Article 24, paragraph (2) of that Act));
a contract pertaining to life insurance that is concluded for the investment of the surplus funds prescribed in Article 19 (Investment of Funds) of the National Public Officers Mutual Aid Association Act (Act No. 128 of 1958) as applied mutatis mutandis under Article 36 (Provisions Applied Mutatis Mutandis) of that Act and is prescribed in Article 9-3, paragraph (1), item (iv) (Management and Investment of Employees' Pension Insurance Benefit Reserve Funds, etc. and Retirement, etc. Pension Benefit Reserve Funds, etc.) of the Order for the Enforcement of the National Public Officers Mutual Aid Association Act (Cabinet Order No. 207 of 1958) (including a contract pertaining to life insurance concluded under the provisions of Article 9-3, paragraph (2), item (i) of that Order (including where applied mutatis mutandis under Article 145 (Management and Investment of Transitional Long-Term Benefit Reserve Funds, etc. of State Associations) of the Cabinet Order on Transitional Measures Concerning Long-Term Benefits, etc. under the National Public Officers Mutual Aid Association Act Accompanying the Enforcement of the Act Partially Amending the Employees' Pension Insurance Act, etc. to Unify, etc. the Employees' Pension Systems and the Partial Enforcement of the Act Partially Amending the Act on National Public Officers' Retirement Allowance, etc. for Review of the Level of Retirement Benefits for National Public Officers, etc. (Cabinet Order No. 345 of 2015)));
a contract pertaining to life insurance that is concluded for the investment of the surplus funds prescribed in the first sentence of Article 25 (Investment of Funds) of the Local Public Officers, etc. Mutual Aid Association Act (Act No. 152 of 1962) (including where applied mutatis mutandis under Article 38, paragraph (1) (Provisions Applied Mutatis Mutandis) and Article 38-9, paragraph (1) (Provisions Applied Mutatis Mutandis) of that Act), the Employees' Pension Insurance Benefit Adjustment Reserve Fund prescribed in Article 38-8, paragraph (1) (Employees' Pension Insurance Benefit Adjustment Reserve Fund) of that Act, and the Retirement, etc. Pension Benefit Adjustment Reserve Fund prescribed in Article 38-8-2, paragraph (1) (Retirement, etc. Pension Benefit Adjustment Reserve Fund) of that Act, and the Transitional Long-Term Benefit Association Reserve Fund of a local association prescribed in Article 75-2, paragraph (1) (Accumulation of Transitional Long-Term Benefit Association Reserve Funds, etc. of Local Associations) of the Supplementary Provisions of the Act Partially Amending the Employees' Pension Insurance Act, etc. to Unify, etc. the Employees' Pension Systems (Act No. 63 of 2012) and the Transitional Long-Term Benefit Adjustment Reserve Fund of a local association prescribed in paragraph (2) of that Article, and is prescribed in Article 16, paragraph (1), item (vi) (Investment of Funds Other Than the Employees' Pension Insurance Benefit Association Reserve Fund, etc. Funds and the Retirement, etc. Pension Benefit Association Reserve Fund, etc. Funds) of the Order for the Enforcement of the Local Public Officers, etc. Mutual Aid Association Act (Cabinet Order No. 352 of 1962) (including where applied mutatis mutandis under Article 20 (Provisions Applied Mutatis Mutandis) and Article 21-3 (Provisions Applied Mutatis Mutandis) of that Order) and Article 16-2, paragraph (1), item (iv) (Management and Investment of the Employees' Pension Insurance Benefit Association Reserve Fund, etc. Funds and the Retirement, etc. Pension Benefit Association Reserve Fund, etc. Funds) of that Order (including where applied mutatis mutandis under Article 20 and Article 21-3 of that Order and Article 147 (Management and Investment of Transitional Long-Term Benefit Association Reserve Funds, etc. of Local Associations) of the Cabinet Order on Transitional Measures Concerning Long-Term Benefits, etc. under the Local Public Officers, etc. Mutual Aid Association Act Accompanying the Enforcement of the Act Partially Amending the Employees' Pension Insurance Act, etc. to Unify, etc. the Employees' Pension Systems and the Act Partially Amending the Local Public Officers, etc. Mutual Aid Association Act and the Act Partially Amending the Employees' Pension Insurance Act, etc. to Unify, etc. the Employees' Pension Systems (Cabinet Order No. 347 of 2015));
五
前各号に掲げる契約に類する契約として財務省令で定めるもの
contracts specified by Ministry of Finance Order as similar to the contracts set out in the preceding items.
The things specified by Cabinet Order prescribed in Appended Table 2, item (iii) of the Act as similar to the lending of assets or provision of services set out in item (iii) of that Appended Table are the following:
the placement of deposits or savings (including that pertaining to the negotiable certificates of deposit prescribed in Article 1, item (i) (Certificates and Instruments That Become Securities) of the Order for Enforcement of the Financial Instruments and Exchange Act (Cabinet Order No. 321 of 1965));
二
収益の分配金を対価とする法第十四条第一項ただし書に規定する信託
trusts prescribed in the proviso to Article 14, paragraph (1) of the Act for which the consideration is a distribution of profits;
the payment of installments for which the consideration is the benefit supplement payments set out in Article 174, item (iii) or (iv) (Tax Base for a Domestic Corporation's Income Taxes) of the Income Tax Act (Act No. 33 of 1965);
四
無尽業法(昭和六年法律第四十二号)第一条(定義)に規定する無尽に係る契約に基づく掛金の払込み
the payment of installments under a contract pertaining to a mutual loan prescribed in Article 1 (Definitions) of the Mutual Loan Business Act (Act No. 42 of 1931);
the acquisition, for which the consideration is interest, of mortgage securities prescribed in Article 1, paragraph (1) (Delivery of Securities) of the Mortgage Securities Act (Act No. 15 of 1931) (including similar securities of a foreign country);
the acquisition of national government bonds, etc. or promissory notes for which the consideration is redemption gain (meaning the gain in the case where the redemption amount (where cancellation by purchase is conducted, the purchase amount) of the national government bonds, etc. or a promissory note set out in Article 2, paragraph (1), item (xv) (Definitions) of the Financial Instruments and Exchange Act (including securities or instruments set out in item (xvii) of that paragraph that have the nature of such a promissory note; hereinafter in this item and the following item referred to as a "promissory note") exceeds the acquisition cost thereof (meaning the amount that is valued, at the time of redemption (including cancellation by purchase) of those national government bonds, etc. or promissory note, pursuant to Article 48 (Calculation of Costs of Transferred Securities and Valuation Methods) of the Income Tax Act, or the amount calculated by the method of calculating the cost amount prescribed in Article 61-2, paragraph (1), item (ii) (Inclusion of Capital Gains or Losses on Securities in Gross Profits or Deductible Expenses) of the Corporation Tax Act) (that gain including, where those national government bonds, etc. or promissory note fall under redeemable securities prescribed in Article 139-2, paragraph (1) (Inclusion of Adjustment Gains or Losses on Redeemable Securities in Gross Profits or Deductible Expenses) of the Order for the Enforcement of the Corporation Tax Act, the adjustment gain prescribed in that paragraph); the same applies in Article 48, paragraph (4));
七
手形(約束手形を除く。)の割引
the discounting of bills (excluding promissory notes);
八
前各号に掲げるもののほか、金銭債権の譲受けその他の承継(包括承継を除く。)
in addition to what is set out in the preceding items, the acquisition by transfer of monetary claims and other succession thereto (excluding universal succession);
the provision of services for which the consideration is fees pertaining to an installment sale prescribed in Article 2, paragraph (1) (Definitions) of the Installment Sales Act (Act No. 159 of 1961), a loan-affiliated installment sale prescribed in paragraph (2) of that Article, intermediation of comprehensive credit purchases prescribed in paragraph (3) of that Article, or intermediation of individual credit purchase prescribed in paragraph (4) of that Article, the amount of which is clearly indicated in the contract pertaining to that installment sale, loan-affiliated installment sale, intermediation of comprehensive credit purchases, or intermediation of individual credit purchase;
the provision of services for which the consideration is the portion, equivalent to the amount of interest or guarantee fees and expressly indicated in the contract pertaining to the installment payment, of the installments received where the amount of consideration for a transfer, etc. of assets or the amount of a monetary claim pertaining to that amount of consideration is received over a period of two months or more, divided into three or more installments (excluding the provision of services set out in the preceding item);
the lending of securities prescribed in Appended Table 2, item (ii) of the Act (excluding golf course membership shares, etc., but including those whose rights are determined by an entry or record in a book-entry transfer account book under the provisions of the Act on Book-Entry Transfer of Corporate Bonds and Shares), registered government bonds or cryptoassets, or electronic payment instruments;
the provision of services as real security (meaning establishing a pledge or mortgage on assets owned by oneself in order to secure the obligations of another person);
the provision of services for which the consideration is mutual aid contributions similar to premiums or any other thing similar to premiums (excluding, from the provision of services for which the consideration is contributions pertaining to a life mutual aid contract of a federation of agricultural cooperatives that conducts the business under Article 10, paragraph (1), item (x) (Business) of the Agricultural Co-operatives Act (Act No. 132 of 1947) that falls under a defined benefit pension asset management and investment contract, defined benefit pension fund asset investment contract, or defined contribution pension asset management contract prescribed in Article 84, paragraph (1) of the Corporation Tax Act, a qualified retirement pension contract prescribed in Article 20, paragraph (1) of the Supplementary Provisions of that Act, or an employees' pension fund contract prescribed in Article 156-3, paragraph (2) of the Order for the Enforcement of the Corporation Tax Act, or that is any other contract specified by Ministry of Finance Order, the portion pertaining to the amount separately paid as the amount of expenses required for the administrative work pertaining to that provision of services);
among the provision of services pertaining to a contract for the lending of assets belonging to trust property to which a special agreement is attached to transfer, at the end of the lending, those assets to the lessee under the lending at the undepreciated balance (meaning the value at the end of the lending that is calculated on the assumption that depreciation has been taken for the assets by the depreciation method adopted for them, on the basis of the period from the time when use of the assets began until the end of the lending), the portion for which the consideration is the amount equivalent to interest or premiums (limited to that expressly indicated as that amount of interest or premiums in the contract pertaining to the lending);
the provision of services for which the consideration is the portion, equivalent to the amount of interest or premiums (limited to that expressly indicated in the contract), of the rent pertaining to the contract for a lease transaction prescribed in Article 67-2, paragraph (3) (Calculating Amounts of Income from Lease Arrangements) of the Income Tax Act or Article 64-2, paragraph (3) (Calculation of the Amount of Income Related to Lease Transactions) of the Corporation Tax Act.
第十一条
(物品切手に類するものの範囲)Scope of Things Similar to Goods Vouchers
The things specified by Cabinet Order prescribed in Appended Table 2, item (iv), (c) of the Act are certificates representing claims pertaining to the provision of services or the lending of goods, and the numbers, symbols, and other codes prescribed in the items of Article 3, paragraph (1) (Definitions) of the Payment Services Act that fall under the prepaid payment instruments prescribed in that paragraph (excluding those that fall under electronic payment instruments).