Article 72-80-2Application of the Provisions of this Section to Trustees of Trusts Subject to Corporate Taxation, etc.
第七十二条の八十の二（法人課税信託等の受託者に関するこの節の規定の適用）
A trustee of a trust subject to corporate taxation or a public interest trust (hereinafter in this Article referred to as a "trust subject to corporate taxation, etc.") is deemed to be a separate person for each of the trust assets, etc. of each trust subject to corporate taxation, etc. (meaning assets belonging to the trust property and the transfers, etc. of taxable assets and specified taxable purchases relating to assets belonging to that trust property; the same applies hereinafter in this Article) and personal assets and other holdings (meaning assets, transfers, etc. of taxable assets and specified taxable purchases other than the trust assets, etc. of a trust subject to corporate taxation, etc.; the same applies in the following paragraph), and the provisions of this Section (excluding Articles 72-78 through the preceding Article, Article 72-85, Article 72-91, Article 72-92, Article 72-95, Articles 72-101 through 72-104 and Articles 72-109 through 72-111; the same applies hereinafter in this Article) apply accordingly.
法人課税信託又は公益信託（以下この条において「法人課税信託等」という。）の受託者は、各法人課税信託等の信託資産等（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をいう。以下この条において同じ。）及び固有資産等（法人課税信託等の信託資産等以外の資産、課税資産の譲渡等及び特定課税仕入れをいう。次項において同じ。）ごとに、それぞれ別の者とみなして、この節（第七十二条の七十八から前条まで、第七十二条の八十五、第七十二条の九十一、第七十二条の九十二、第七十二条の九十五、第七十二条の百一から第七十二条の百四まで及び第七十二条の百九から第七十二条の百十一までを除く。以下この条において同じ。）の規定を適用する。
In the case referred to in the preceding paragraph, the trust assets, etc. and personal assets and other holdings of each trust subject to corporate taxation, etc. belong to the respective separate persons deemed under that paragraph.
If an individual business operator is a trustee business operator (meaning, with respect to a trustee of a trust subject to corporate taxation, etc., that trustee in the case where the provisions of this Section are applied, under the preceding two paragraphs, to the person to whom the trust assets, etc. relating to that trust subject to corporate taxation, etc. belong; the same applies hereinafter in this paragraph), that trustee business operator is deemed to be a corporation, and the provisions of this Section apply.
If there are two or more trustees of one trust subject to corporate taxation, etc., the trust assets, etc. of each trustee relating to that trust subject to corporate taxation, etc. are deemed to be the trust assets, etc. of the trustee who presides over the trust affairs of that trust subject to corporate taxation, etc. (referred to as the "presiding trustee" in the following paragraph), and the provisions of this Section apply.
With respect to the local consumption tax relating to the trust assets, etc. deemed under the preceding paragraph to be the trust assets, etc. of the presiding trustee, trustees other than the presiding trustee bear joint and several liability for payment of that local consumption tax.
In addition to what is provided for in the preceding paragraphs, matters necessary for the application of the provisions of this Section to trustees of trusts subject to corporate taxation, etc. are specified by Cabinet Order.
Read this with the articles around it
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)
trust assets, etc.machine translation
「信託資産等」
For local consumption tax (地方消費税), the assets belonging to the trust property (信託財産) of a corporate taxation trust (法人課税信託) or public interest trust (公益信託), together with the taxable transfers of assets (課税資産の譲渡等) and specified taxable purchases (特定課税仕入れ) relating to them.
Defined inArticle 72-80-2, paragraph (1)· applies only in this article
personal assets and other holdingsmachine translation
「固有資産等」
The assets, taxable transfers of assets (課税資産の譲渡等) and specified taxable purchases (特定課税仕入れ) of the trustee of a trust taxed as a corporation (法人課税信託) or of a public interest trust (公益信託) other than those of such trusts' trust assets, etc. (信託資産等); for the local consumption tax (地方消費税) the trustee is treated as a separate person for these and for each trust.
Defined inArticle 72-80-2, paragraph (1)· applies only in this provision and in Article 72-80-2, paragraph (2)
trust subject to corporate taxation, etc.machine translation
「法人課税信託等」
In Article 72-80-2, a trust subject to corporate taxation (法人課税信託) as defined in Article 2, item 29-2 of the Corporation Tax Act or a public interest trust (公益信託) as defined in Article 12, paragraph 4, item 2 of that Act, whose trustee is treated, for the local consumption tax (地方消費税), as a separate person for each such trust's assets and transactions and for its own.
Short name set inArticle 72-80-2, paragraph (1)· applies only in this article
trustee business operatormachine translation
「受託事業者」
The trustee of a trust subject to corporate taxation, etc. (法人課税信託等) in its capacity as the person to whom paragraphs 1 and 2 of Article 72-80-2 attribute that trust's trust assets, etc. (信託資産等) for the local consumption tax (地方消費税); an individual business operator in that capacity is treated as a corporation.
Defined inArticle 72-80-2, paragraph (3)· applies only in this paragraph
presiding trusteemachine translation
「主宰受託者」
Where a trust taxed as a corporation, etc. (法人課税信託等) has two or more trustees, the trustee that presides over the trust's affairs, whose trust assets the other trustees' assets of that trust are treated as being.
Short name set inArticle 72-80-2, paragraph (4)· applies only in this provision and in Article 72-80-2, paragraph (5)