Supplementary Provisions, Article 34-2Special Provisions on Prefectural Inhabitant Tax and Municipal Inhabitant Tax on Long-Term Capital Gains in the Case of Transfer of Land, etc. for the Development, etc. of a Superior Residential Area

①Solely for individual prefectural inhabitant tax for each fiscal year from fiscal 1988 through fiscal 2029, where a person liable for the income levy has made, in the previous year, a transfer (meaning the transfer prescribed in Article 31, paragraph (1) of the Act on Special Measures Concerning Taxation; the same applies hereinafter in this Article, the following Article, Article 35 of the Supplementary Provisions and Article 44-3, paragraphs (2) and (4) of the Supplementary Provisions) of land, etc. (meaning the land, etc. prescribed in Article 31, paragraph (1) of that Act; the same applies hereinafter in this Article, the following Article, Article 35 of the Supplementary Provisions and Article 44-3, paragraphs (2) and (4) of the Supplementary Provisions) that is the cause of the capital gains prescribed in paragraph (1) of the preceding Article, and that transfer falls under a transfer for a superior residential area, etc. (meaning a transfer for which it has been certified, as provided by Order of the Ministry of Internal Affairs and Communications, that it falls under a transfer set forth in the items of Article 31-2, paragraph (2) of the Act on Special Measures Concerning Taxation; the same applies in paragraph (4)), the amount of the income levy of prefectural inhabitant tax imposed on the taxable long-term capital gains pertaining to the capital gains prescribed in paragraph (1) of the preceding Article (excluding capital gains to which Article 34-3, paragraph (1) of the Supplementary Provisions applies; the same applies in the following paragraph) is, notwithstanding the first sentence of paragraph (1) of the preceding Article, the amount equivalent to the amount specified in each of the following items according to the category of cases set forth in that item.

②The provisions of the preceding paragraph apply, solely for individual prefectural inhabitant tax for each fiscal year from fiscal 1988 through fiscal 2029, to the income levy of prefectural inhabitant tax imposed on the taxable long-term capital gains pertaining to the capital gains prescribed in paragraph (1) of the preceding Article in the case where a person liable for the income levy has made, in the previous year, a transfer of land, etc. that is the cause of the capital gains prescribed in paragraph (1) of the preceding Article, and that transfer falls under a transfer for a determined site for constructing a superior residential area, etc. (meaning a transfer for which it has been certified, as provided by Order of the Ministry of Internal Affairs and Communications, that it is certain to be found to fall under a transfer of land, etc. set forth in Article 31-2, paragraph (2), items (xiii) through (xvi) of the Act on Special Measures Concerning Taxation within the period from the date of the transfer to December 31 of the year that includes the day on which two years have elapsed from that date (where there are unavoidable circumstances specified by Cabinet Order, such as that the period required for developing building land to be used for housing construction normally exceeds two years, the period from the date of the transfer to the date specified by Cabinet Order; referred to as the "scheduled period" in paragraphs (5) and (7))).

③In the case of paragraph (1) (including as applied mutatis mutandis in the preceding paragraph), where a person liable for the income levy is subject to the application of Articles 33 through 33-4, Articles 34 through 35-3, Article 36-2, Article 36-5, Article 37, Articles 37-4 through 37-6 or Article 37-8 of the Act on Special Measures Concerning Taxation with respect to land, etc. that the person liable for tax holds, the transfer of that land, etc. is deemed not to fall under a transfer for a superior residential area, etc. prescribed in paragraph (1) or a transfer for a determined site for constructing a superior residential area, etc. prescribed in the preceding paragraph.

④Solely for individual municipal inhabitant tax for each fiscal year from fiscal 1988 through fiscal 2029, where a person liable for the income levy has made, in the previous year, a transfer of land, etc. that is the cause of the capital gains prescribed in paragraph (4) of the preceding Article, and that transfer falls under a transfer for a superior residential area, etc., the amount of the income levy of municipal inhabitant tax imposed on the taxable long-term capital gains pertaining to the capital gains prescribed in paragraph (4) of the preceding Article (excluding capital gains to which Article 34-3, paragraph (3) of the Supplementary Provisions applies; the same applies in the following paragraph) is, notwithstanding the first sentence of paragraph (4) of the preceding Article, the amount equivalent to the amount specified in each of the following items according to the category of cases set forth in that item.

⑤The provisions of the preceding paragraph apply, solely for individual municipal inhabitant tax for each fiscal year from fiscal 1988 through fiscal 2029, to the income levy of municipal inhabitant tax imposed on the taxable long-term capital gains pertaining to the capital gains prescribed in paragraph (4) of the preceding Article in the case where a person liable for the income levy has made, in the previous year, a transfer of land, etc. that is the cause of the capital gains prescribed in paragraph (4) of the preceding Article, and that transfer falls under a transfer for a determined site for constructing a superior residential area, etc. (meaning a transfer for which it has been certified, as provided by Order of the Ministry of Internal Affairs and Communications, that it is certain to be found to fall under a transfer of land, etc. set forth in Article 31-2, paragraph (2), items (xiii) through (xvi) of the Act on Special Measures Concerning Taxation within the scheduled period).

⑥In the case of paragraph (4) (including as applied mutatis mutandis in the preceding paragraph), where a person liable for the income levy is subject to the application of Articles 33 through 33-4, Articles 34 through 35-3, Article 36-2, Article 36-5, Article 37, Articles 37-4 through 37-6 or Article 37-8 of the Act on Special Measures Concerning Taxation with respect to land, etc. that the person liable for tax holds, the transfer of that land, etc. is deemed not to fall under a transfer for a superior residential area, etc. prescribed in paragraph (4) or a transfer for a determined site for constructing a superior residential area, etc. prescribed in the preceding paragraph.

⑦An individual or corporation that carries out the development under Article 31-2, paragraph (2), items (xiii) and (xiv) of the Act on Special Measures Concerning Taxation or the construction under item (xv) or (xvi) of that paragraph, and that has purchased land, etc. pertaining to a transfer to which paragraph (2) or (5) was applied from a person to whom those provisions were applied, must, where all or part of that transfer has come to fall under a transfer of land, etc. set forth in Article 31-2, paragraph (2), items (xiii) through (xvi) of that Act within the scheduled period, without delay deliver to the person to whom paragraph (2) or (5) was applied, with respect to the transfer that has come to so fall, a document specified by Order of the Ministry of Internal Affairs and Communications certifying that it has come to so fall.

⑧A person to whom paragraph (2) or (5) was applied must, when delivered the document prescribed in the preceding paragraph with regard to a transfer to which those provisions were applied, submit that document to the mayor of the municipality as provided by Order of the Ministry of Internal Affairs and Communications.

⑨Where all or part of the transfer of land, etc. to which paragraph (2) or (5) was applied has become difficult to fall under a transfer of land, etc. set forth in Article 31-2, paragraph (2), items (xiii) through (xvi) of the Act on Special Measures Concerning Taxation within the scheduled period prescribed in paragraph (2) due to unavoidable circumstances arising from an extraordinary disaster designated as a specified extraordinary disaster pursuant to Article 2, paragraph (1) of the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster, in a case specified by Cabinet Order, and it has been certified, as provided by Order of the Ministry of Internal Affairs and Communications, that it is certain to be found that all or part of that transfer will come to fall under a transfer of land, etc. set forth in items (xiii) through (xvi) of Article 31-2, paragraph (2) of the Act on Special Measures Concerning Taxation during the period from the first day of that scheduled period to a date specified by Cabinet Order that is within two years after the last day of that scheduled period, then, for the application of paragraphs (2), (5) and (7) and the following paragraph through paragraph (12), the scheduled period prescribed in paragraph (2) is the period from that first day to that date specified by Cabinet Order.

⑩A person to whom paragraph (2) or (5) was applied must, where all or part of the transfer to which those provisions were applied has ceased to fall under a transfer of land, etc. set forth in Article 31-2, paragraph (2), items (xiii) through (xvi) of the Act on Special Measures Concerning Taxation within the scheduled period prescribed in paragraph (2), report that fact to the mayor of the municipality, as provided by Order of the Ministry of Internal Affairs and Communications, within four months from the day on which that scheduled period expired.

⑪In the case prescribed in the preceding paragraph, the transfer that has ceased to so fall is deemed, notwithstanding paragraph (2) or (5), not to have been a transfer for a determined site for constructing a superior residential area, etc. prescribed in those provisions.

⑫The following applies to the income levy of prefectural inhabitant tax or municipal inhabitant tax that comes to be imposed pursuant to the preceding paragraph: