The amount that a party to an afforestation profit-sharing contract receives, pursuant to that contract, by sharing at the fixed ratio specified in that contract among the profits from afforestation of forested land that is the subject of the contract, the profits from the felling of trees in that forested land or from the transfer of that forested land (including those listed in the items of Article 94, paragraph (1) (Insurance Proceeds or Similar Benefits Treated as Revenue from Timber Income); the same applies in the following paragraph), is, except as provided for in paragraph (3), revenue pertaining to timber income.
The amount that a party to a forest-tending profit-sharing contract receives, pursuant to that contract, by sharing at the fixed ratio specified in that contract the profits from the felling of trees in forested land that is the subject of the contract, or from the transfer of that forested land, among the profits from forest tending of that forested land, is, except as provided for in the following paragraph, revenue pertaining to timber income.
Among the amounts shared by parties to an afforestation profit-sharing contract or forest-tending profit-sharing contract pursuant to that contract, an amount that falls under any of the amounts listed in the following items is revenue pertaining to Each Class of Income other than timber income.
An amount shared at the fixed ratio specified in the contract before the felling of trees in forested land that is the subject of the afforestation profit-sharing contract or forest-tending profit-sharing contract, or before the transfer of that forested land (excluding those listed in the items of Article 94, paragraph (1));
An amount shared at the fixed ratio specified in the contract by a person who continuously receives, throughout the period of the conclusion of an afforestation profit-sharing contract or forest-tending profit-sharing contract, payment of an amount equivalent to land rent, interest, or other consideration pertaining to that contract (excluding that pertaining to afforestation or forest tending under that contract);
An amount shared at the fixed ratio specified in the contract within five years after the date of acquiring the rights pertaining to the afforestation profit-sharing contract or forest-tending profit-sharing contract.
第七十八条の三
(分収造林契約又は分収育林契約に係る権利の譲渡等による所得)Income from the Transfer, etc. of Rights Pertaining to Afforestation Profit-Sharing Contracts or Forest-Tending Profit-Sharing Contracts
Revenue from the transfer of rights pertaining to an afforestation profit-sharing contract or forest-tending profit-sharing contract is, except as provided for in the following paragraph, revenue pertaining to timber income.
The revenue listed in each of the following items of a party to an afforestation profit-sharing contract or forest-tending profit-sharing contract listed in those items is revenue pertaining to business income or miscellaneous income:
The owner of land or forest planter (meaning a person other than the owner of that land who carries out afforestation on the land that is the subject of that contract; the same applies hereinafter in this paragraph) who is a party to an afforestation profit-sharing contract, or the owner of land or forest tender (meaning a person other than the owner of that land who carries out forest tending on the forested land that is the subject of that contract; the same applies hereinafter in this paragraph) who is a party to a forest-tending profit-sharing contract: revenue from a transfer of the rights pertaining to that contract made within five years after the date of acquiring those rights;
An afforestation cost bearer who is a party to an afforestation profit-sharing contract (meaning a person other than the owner of the land and the forest planter pertaining to that contract who bears all or part of the expenses concerning that afforestation; the same applies in paragraph (4)) or a person bearing forest-tending costs who is a party to a forest-tending profit-sharing contract (meaning a person other than the owner of the land and the forest tender pertaining to that contract who bears all or part of the expenses concerning that forest tending; the same applies in paragraph (4)): revenue from the transfer of the rights pertaining to that contract (excluding that to which the main clause of paragraph (4) applies).
The amount of consideration for a share in the forested land that is the subject of a forest-tending profit-sharing contract, which the owner of forested land receives from another person concluding that contract by concluding a forest-tending profit-sharing contract in respect of that forested land, is revenue pertaining to timber income; provided, however, that the amount of consideration for that share received within five years after the date of acquisition of that forested land is revenue pertaining to business income or miscellaneous income.
The amount of consideration for a share received from a person who has newly come to acquire rights and assume obligations by reason of a party to an afforestation profit-sharing contract or forest-tending profit-sharing contract having solicited unspecified persons to apply to acquire rights and assume obligations as an afforestation cost bearer or person bearing forest-tending costs under that contract is revenue pertaining to timber income; provided, however, that the amount of consideration for that share that that party receives within five years after the date of acquisition of the rights pertaining to that contract is revenue pertaining to business income or miscellaneous income.
第六款 譲渡所得
第七十九条
(資産の譲渡とみなされる行為)Acts Deemed to Be Transfers of Assets
The acts specified by Cabinet Order prescribed in Article 33, paragraph (1) (Capital Gains) of the Act are, among the establishment of superficies or a right of lease for the purpose of owning a building or structure (hereinafter in this Article referred to as a "land leasehold right") or of a servitude (limited to a servitude that restricts the installation of structures and that has been established for the purpose of the erection of extra-high-voltage overhead electric wires, the laying of extra-high-voltage underground electric wires or of conduits carrying high-pressure gas supplied by a gas business operator prescribed in Article 2, paragraph (12) (Definitions) of the Gas Business Act, the establishment of an airfield, the laying of suspended railways or straddle-beam railways, or the installation of training dikes, etc. (meaning training dikes that are erosion control facilities prescribed in Article 1 (Definitions) of the Erosion Control Act (Act No. 29 of 1897) and other things similar thereto specified by Ministry of Finance Order; referred to as "training dikes, etc." in item (i)), the installation of public facilities prescribed in Article 4, paragraph (14) (Definitions) of the City Planning Act (Act No. 100 of 1968), or the construction of buildings within a special urban block under Article 8, paragraph (1), item (iv) (Districts and Zones) of that Act; the same applies hereinafter in this Article) (including a sublease of land pertaining to a land leasehold right and other acts of having another person use that land; the same applies hereinafter in this Article), those for which the amount received as consideration exceeds the amount equivalent to five-tenths of the amount specified in the following items for the categories of cases listed in those items.
Where that establishment is the establishment of a land leasehold right or servitude for the purpose of owning the whole of a building or structure (excluding the case listed in item (iii)): the value of that land (for a holder of a land leasehold right, the land leasehold right; the same applies in the following item) (where that establishment is the establishment of a land leasehold right or servitude that specifies a vertical range for underground or space, or the establishment of a servitude for the purpose of installing training dikes, etc. or retarding basins prescribed in Article 6, paragraph (1), item (iii) (River Areas) of the River Act (Act No. 167 of 1964) and other similar things specified by Ministry of Finance Order, an amount equivalent to one-half of that value);
Where that establishment is the establishment of a land leasehold right for the purpose of owning a part of a building or structure: the amount calculated by multiplying the value of that land by the ratio that the floor area of the part of the building or structure pertaining to that land leasehold right occupies in the floor area of that building or structure (where the amount of that consideration is calculated, for each floor of that building or structure or other part differing in utility of use, taking into account the appropriate ratio pertaining to that differing utility, the floor area as adjusted by that ratio; the same applies hereinafter in this item);
Where that establishment is the establishment of a land leasehold right specifying a vertical range underground for the purpose of owning the whole of a facility or structure (limited to those specified by Ministry of Finance Order among those to be installed under a project stated, as a project carried out integrally with a project that has received authorization of use pursuant to Article 16 (Requirements for Authorization of Use) of the Act on Special Measures concerning Public Use of Deep Underground (Act No. 87 of 2000) (hereinafter in this item referred to as an "authorized project"), in the business plan under Article 14, paragraph (2), item (ii) (Application for Authorization of Use) of that Act pertaining to that authorized project): the amount calculated by multiplying an amount equivalent to one-half of the value of that land (for a holder of a land leasehold right, the land leasehold right) by the ratio that the distance from the depth of the shallowest part of the range in which that land leasehold right is established to that great depth (where, in the underground deeper than the range in which that land leasehold right is established but shallower than that great depth, another land leasehold right specifying a vertical range underground has already been established, the depth of the shallowest part of the range of that other land leasehold right) occupies in the distance from the ground surface to the deeper of the depths listed in the items of Article 2, paragraph (1) (Definitions) of that Act (hereinafter in this item referred to as "great depth") on that land (for a holder of a land leasehold right, the land pertaining to the land leasehold right).
Where land pertaining to a land leasehold right is made available for use by another person, if, due to that use, both the owner of that land and the holder of that land leasehold right come to have their use of the land restricted compared with the state of use of the land immediately before that use, the provisions of the preceding paragraph apply to those persons by deeming the sum of the amounts that those persons receive as consideration for that use to be the amount received prescribed in that paragraph.
With regard to the application of the provisions of paragraph (1), where the amount received as consideration for the establishment of a land leasehold right or servitude is equal to or less than the amount equivalent to 20 times the annual amount of the land rent received by that establishment, that establishment is presumed not to fall under the acts referred to in that paragraph.
第八十条
(特別の経済的な利益で借地権の設定等による対価とされるもの)Special Economic Benefits Treated as Consideration for the Establishment, etc. of Land Leasehold Rights
Where, accompanying the establishment of a land leasehold right or servitude prescribed in paragraph (1) of the preceding Article (including a sublease of land pertaining to that land leasehold right and other acts of having another person use that land; the same applies hereinafter in this Article), a person receives a loan of money on terms particularly favorable compared with the terms of an ordinary loan of money (including, regardless of the name under which it is made, the delivery of money having a similar economic nature; the same applies hereinafter in this Article) or other special economic benefit, paragraphs (1) and (2) of the preceding Article apply by deeming the amount obtained by adding the benefit received through that loan of money compared with a case of receiving a loan of money on ordinary terms, and the amount of other such special economic benefit, to the amount of consideration prescribed in paragraph (1) or (2) of the preceding Article to be the amount received prescribed in those provisions.
In the case referred to in the preceding paragraph, the amount of the benefit received through the loan of money received, compared with a case of receiving a loan of money on ordinary terms, is to be the amount obtained by deducting from the amount of that loan the amount equivalent to the present value, calculated by the method of compound interest at a rate equivalent to five-tenths of the ordinary interest rate for that amount (where there is an agreement to attach interest to the amount of that loan, the rate obtained by deducting the interest rate pertaining to that interest) (where the period of receiving that loan of money is agreed to be a period markedly shorter than the duration of the right pertaining to the establishment referred to in that paragraph, and there is a clear fact sufficient to presume that the period of receiving that loan will be renewed in the future in light of an agreement to hold the land rent unchanged over a long period, the condition of buildings or structures existing on the land pertaining to that right, the terms concerning land rent, and other matters, the amount equivalent to the present value calculated by that method on the basis of the period over which that loan of money is reasonably presumed to continue, judging from the benefit received by the person granted the establishment of the land leasehold right or servitude through that establishment).