第三十八条(個人事業者が死亡した場合又は法人が合併等をした場合の特定工事の請負に係る資産の譲渡等の時期)
Article 38Time of Transfers, etc. of Assets Pertaining to Contracts for Specified Construction Work in the Case of Death of an Individual Business Operator or Merger, etc. by a Corporation
Where an individual business operator who has been subject to the application of Article 17, paragraph (1) or the main clause of paragraph (2) of the Act with respect to the subject matter of specified construction work (meaning long-term large-scale construction prescribed in Article 17, paragraph (1) of the Act or construction work prescribed in paragraph (2) of that Article; the same applies in this Article and the following Article) has died, and the heir who has succeeded to the business of that individual business operator pertaining to the contract for that specified construction work has delivered the subject matter of that specified construction work, Article 17, paragraph (3) of the Act applies, with respect to the portion of the transfers, etc. of assets pertaining to the contract for that specified construction work that was treated as transfers, etc. of assets made by that individual business operator under paragraph (1) or the main clause of paragraph (2) of that Article, on the basis that that heir is deemed to have made the transfers, etc. of assets.
The provisions of the preceding paragraph apply mutatis mutandis where a corporation that has been subject to the application of Article 17, paragraph (1) or the main clause of paragraph (2) of the Act with respect to the subject matter of specified construction work has been extinguished by a merger, or where a corporation that has been subject to the application of those provisions has caused a successor corporation in a company split to succeed, by a company split, to the business pertaining to specified construction work.
定義第三十八条第一項・この条及び第三十九条の中だけ
法第十七条第一項に規定する長期大規模工事又は同条第二項に規定する工事
わかりやすく言うと
消費税法第十七条第一項の長期大規模工事(所得税法第六十六条第一項又は法人税法第六十三条第一項に定めるもの)と、同条第二項の工事(所得税法第六十六条第二項又は法人税法第六十三条第二項に定めるもの)のことです。