A beneficiary of a trust (limited to a person who currently holds rights as a beneficiary) is deemed to hold the assets belonging to the trust property of that trust, and the provisions of this Section apply with the transfers, etc. of taxable assets and specified taxable purchases relating to the assets belonging to that trust property deemed to be the transfers, etc. of taxable assets and specified taxable purchases of that beneficiary; provided, however, that this does not apply to assets belonging to the trust property of a collective investment trust (meaning a collective investment trust prescribed in Article 2, item (xxix) of the Corporation Tax Act), a trust subject to corporate taxation (meaning a trust subject to corporate taxation prescribed in item (xxix)-2 of that Article; the same applies in paragraph (1) of the following Article), a retirement pension trust, etc. (meaning a retirement pension trust, etc. prescribed in Article 12, paragraph (4), item (i) of that Act), a public interest trust (meaning a public interest trust prescribed in item (ii) of that paragraph; the same applies in paragraph (1) of the following Article) or a participant protection trust (meaning a participant protection trust prescribed in that item), or to the transfers, etc. of taxable assets and specified taxable purchases relating to assets belonging to that trust property.
信託の受益者（受益者としての権利を現に有するものに限る。）は当該信託の信託財産に属する資産を有するものとみなし、かつ、当該信託財産に属する資産に係る課税資産の譲渡等及び特定課税仕入れは当該受益者の課税資産の譲渡等及び特定課税仕入れとみなして、この節の規定を適用する。ただし、集団投資信託（法人税法第二条第二十九号に規定する集団投資信託をいう。）、法人課税信託（同条第二十九号の二に規定する法人課税信託をいう。次条第一項において同じ。）、退職年金等信託（同法第十二条第四項第一号に規定する退職年金等信託をいう。）、公益信託（同項第二号に規定する公益信託をいう。次条第一項において同じ。）又は加入者保護信託（同号に規定する加入者保護信託をいう。）の信託財産に属する資産並びに当該信託財産に属する資産に係る課税資産の譲渡等及び特定課税仕入れについては、この限りでない。
A person who actually has the authority to make changes to a trust (other than what Cabinet Order prescribes as the authority to make minor changes) and who is meant to benefit from the trust property (other than a beneficiary) is deemed to be a beneficiary as prescribed in the preceding paragraph, and the provisions of that paragraph apply.
The application of paragraph (1) in the case where there are two or more beneficiaries, the determination of whether a person falls under a person who is meant to benefit from the trust property as prescribed in the preceding paragraph, and other matters necessary for the application of the provisions of the preceding two paragraphs are specified by Cabinet Order.
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specified taxable purchasemachine translation
「特定課税仕入れ」
For the local consumption tax (地方消費税), a specified taxable purchase as defined in Article 5, paragraph 1 of the Consumption Tax Act, other than one that the Consumption Tax Act, another law or a treaty leaves untaxed or exempts; a business is charged the transfer levy (譲渡割) on these as well as on its taxable transfers of assets, etc. (課税資産の譲渡等).
Defined inArticle 72-78, paragraph (1)· applies only in this section
transfer, etc.machine translation
「譲渡等」
In the provisions on the local consumption tax (地方消費税), a taxable transfer of assets, etc. (課税資産の譲渡等) as defined in Article 2, paragraph 1, item 9 of the Consumption Tax Act, other than specified asset transfers, etc. (特定資産の譲渡等) and those on which that Act, another law or a treaty imposes no consumption tax or which it exempts.
Defined inArticle 72-78, paragraph (1)· applies only in this section
public interest trustmachine translation
「公益信託」
A public interest trust as defined in Article 2, paragraph (1), item (i) of the Act on Public Interest Trusts (Act No. 30 of 2024): a trust made under that Act that names no beneficiaries and whose only purpose is public interest work (公益事務) — work for the benefit of an unspecified large number of people, such as promoting learning or welfare, of the kinds that Act lists.
Defined inArticle 72-80, paragraph (1)· applies only in this provision and in Article 72-80-2, paragraph (1)
trust subject to corporate taxationmachine translation
「法人課税信託」
A trust subject to corporate taxation as defined in Article 2, item (xxix)-2 of the Corporation Tax Act (Act No. 34 of 1965).
Defined inArticle 72-80, paragraph (1)· applies only in this provision and in Article 72-80-2, paragraph (1)