Supplementary Provisions, Article 51Special Provisions on the Tax Base of Real Property Acquisition Tax Relating to the Acquisition of Substitute Houses, etc. for Houses Damaged in the Great East Japan Earthquake
第五十一条(東日本大震災による被災家屋の代替家屋等の取得に係る不動産取得税の課税標準の特例)
With regard to the calculation of the tax base of real property acquisition tax imposed on the acquisition of a replacement house in the case where the owner of a house that was destroyed or damaged due to the Great East Japan Earthquake (limited to one located, or that was located, within the area of Fukushima Prefecture; hereinafter in this paragraph referred to as the "disaster-stricken house") or another person specified by Cabinet Order has acquired a house that the prefectural governor finds to be a replacement for that disaster-stricken house (hereinafter in this paragraph and the following paragraph referred to as the "replacement house"), only when that acquisition was made during the period from April 1, 2026 to March 31, 2029, the amount obtained by multiplying the price by the ratio of the floor area of the disaster-stricken house to the floor area of the replacement house (one, where that ratio exceeds one) is to be deducted from the price.
With regard to the calculation of the tax base of real property acquisition tax imposed on the acquisition of land in the case where the owner of land that was used as the site of a house that was destroyed or damaged due to the Great East Japan Earthquake (limited to land within the area of Fukushima Prefecture; hereinafter in this paragraph referred to as the "former land") or another person specified by Cabinet Order has acquired land to be used as the site of a replacement house that the prefectural governor finds to be a replacement for that former land, only when that acquisition was made during the period from April 1, 2026 to March 31, 2029, the amount obtained by multiplying the price by the ratio of the area of the former land to the area of that land (one, where that ratio exceeds one) is to be deducted from the price.
With regard to the calculation of the tax base of real property acquisition tax imposed on the acquisition of a replacement house in the case where the owner, as of the day on which the public notice designating an area unfit for habitation was given, or another person specified by Cabinet Order, of a house (hereinafter in this paragraph referred to as a "house in a designated area") that was located on that day within an area designated and publicly notified by the Minister for Internal Affairs and Communications as not suitable for residence for the time being (hereinafter referred to as an "area unfit for habitation"), among the areas subject to the instruction listed in Article 55, paragraph (1), item (i) of the Supplementary Provisions that was given, in relation to the nuclear power plant accident accompanying the Tohoku Region Pacific Coast Earthquake that occurred on March 11, 2011 (hereinafter simply referred to as the "nuclear power plant accident"), pursuant to the provisions of Article 20, paragraph (2) of the Act on Special Measures for Responding to Nuclear Disasters (Act No. 156 of 1999), by the Director-General of the Nuclear Emergency Response Headquarters (meaning the Director-General of the Nuclear Emergency Response Headquarters prescribed in Article 17, paragraph (1) of that Act; the same applies hereinafter) to a mayor of a municipality or a governor of a prefecture (excluding an area stated, in an instruction given in relation to the nuclear power plant accident to a mayor of a municipality or a governor of a prefecture by the Director-General of the Nuclear Emergency Response Headquarters pursuant to the provisions of Article 20, paragraph (2) of that Act, to be one in which the instruction listed in that item is expected to be lifted soon; referred to as an "evacuation instruction area" in Article 54, paragraph (1) of the Supplementary Provisions), has acquired a house that the prefectural governor finds to be a replacement for that house in a designated area (hereinafter in this paragraph and the following paragraph referred to as the "replacement house"), only when that acquisition was made during the period from that day until the day on which three months (one year, where the replacement house was newly constructed after that day) have elapsed counted from the day on which the public notice lifting the designation of that area unfit for habitation was given, the amount obtained by multiplying the price by the ratio of the floor area of the house in a designated area to the floor area of the replacement house (one, where that ratio exceeds one) is to be deducted from the price.
平成二十三年三月十一日に発生した東北地方太平洋沖地震に伴う原子力発電所の事故(以下単に「原子力発電所の事故」という。)に関して原子力災害対策特別措置法(平成十一年法律第百五十六号)第二十条第二項の規定により原子力災害対策本部長(同法第十七条第一項に規定する原子力災害対策本部長をいう。以下同じ。)が市町村長又は都道府県知事に対して行つた附則第五十五条第一項第一号に掲げる指示の対象区域(原子力発電所の事故に関して同法第二十条第二項の規定により原子力災害対策本部長が市町村長又は都道府県知事に対して行つた指示において近く同号に掲げる指示が解除される見込みであるとされた区域を除く。附則第五十四条第一項において「避難指示区域」という。)のうち当面の居住に適さない区域として総務大臣が指定して公示した区域(以下「居住困難区域」という。)内に当該居住困難区域を指定する旨の公示があつた日において所在していた家屋(以下この項において「対象区域内家屋」という。)の同日における所有者その他の政令で定める者が、当該対象区域内家屋に代わるものと道府県知事が認める家屋(以下この項及び次項において「代替家屋」という。)の取得をした場合における当該代替家屋の取得に対して課する不動産取得税の課税標準の算定については、当該取得が同日から当該居住困難区域の指定を解除する旨の公示があつた日から起算して三月(代替家屋が同日後に新築されたものであるときは、一年)を経過する日までの間に行われたときに限り、価格に当該代替家屋の床面積に対する当該対象区域内家屋の床面積の割合(当該割合が一を超える場合は、一)を乗じて得た額を価格から控除するものとする。
With regard to the calculation of the tax base of real property acquisition tax imposed on the acquisition of land in the case where the owner, as of the day on which the public notice designating an area unfit for habitation was given, or another person specified by Cabinet Order, of land that was used as the site of a house located within that area unfit for habitation on that day (hereinafter in this paragraph referred to as the "site land in a designated area") has acquired land to be used as the site of a replacement house that the prefectural governor finds to be a replacement for that site land in a designated area, only when that acquisition was made during the period from that day until the day on which three months have elapsed counted from the day on which the public notice lifting the designation of that area unfit for habitation was given, the amount obtained by multiplying the price by the ratio of the area of the site land in a designated area to the area of that land (one, where that ratio exceeds one) is to be deducted from the price.
居住困難区域を指定する旨の公示があつた日において当該居住困難区域内に所在していた家屋の敷地の用に供されていた土地(以下この項において「対象土地」という。)の同日における所有者その他の政令で定める者が、代替家屋の敷地の用に供する土地で当該対象土地に代わるものと道府県知事が認める土地の取得をした場合における当該土地の取得に対して課する不動産取得税の課税標準の算定については、当該取得が同日から当該居住困難区域の指定を解除する旨の公示があつた日から起算して三月を経過する日までの間に行われたときに限り、価格に当該土地の面積に対する当該対象土地の面積の割合(当該割合が一を超える場合は、一)を乗じて得た額を価格から控除するものとする。
With regard to the calculation of the tax base of real property acquisition tax imposed on the acquisition of agricultural land in the case where the owner (limited to one engaged in agriculture), as of the day on which the public notice designating an area unfit for habitation was given, or another person specified by Cabinet Order, of agricultural land (meaning agricultural land prescribed in Article 4, paragraph (1), item (i) of the Act on Promotion of Improvement of Agricultural Management Foundation) that was located within that area unfit for habitation on that day (hereinafter in this paragraph referred to as the "agricultural land in a designated area") has acquired agricultural land that the prefectural governor finds to be a replacement for that agricultural land in a designated area, only when that acquisition was made during the period from that day until the day on which three months have elapsed counted from the day on which the public notice lifting the designation of that area unfit for habitation was given, the amount obtained by multiplying the price by the ratio of the area of the agricultural land in a designated area to the area of that agricultural land (one, where that ratio exceeds one) is to be deducted from the price.
居住困難区域を指定する旨の公示があつた日において当該居住困難区域内に所在していた農用地(農業経営基盤強化促進法第四条第一項第一号に規定する農用地をいう。)(以下この項において「対象区域内農用地」という。)の同日における所有者(農業を営む者に限る。)その他の政令で定める者が、当該対象区域内農用地に代わるものと道府県知事が認める農用地の取得をした場合における当該農用地の取得に対して課する不動産取得税の課税標準の算定については、当該取得が同日から当該居住困難区域の指定を解除する旨の公示があつた日から起算して三月を経過する日までの間に行われたときに限り、価格に当該農用地の面積に対する当該対象区域内農用地の面積の割合(当該割合が一を超える場合は、一)を乗じて得た額を価格から控除するものとする。
Beyond what is provided for in the preceding paragraphs, necessary matters concerning the application of those provisions are specified by Cabinet Order.
前各項に定めるもののほか、これらの規定の適用に関し必要な事項は、政令で定める。
landmachine translation
「土地」
Rice paddies, upland fields, building land, salt fields, mineral spring sites (鉱泉地), ponds and marshes, forests, pastures, wilderness (原野) and any other land, for the special land holding tax (特別土地保有税).
Defined inArticle 585, paragraph (2)
pricemachine translation
「価格」
In Article 702, paragraph 1, on the tax base of city planning tax (都市計画税), the price of the land or building (家屋) that would be the tax base of its fixed assets tax (固定資産税), multiplied by the rate of whichever paragraph of Article 349-3 listed in Article 702, paragraph 2 applies to it.
Defined inArticle 702, paragraph (2)
ownermachine translation
「所有者」
In Article 702, paragraph 1 on city planning tax (都市計画税), the person who is treated as, or deemed to be, the owner of the land or house for fixed assets tax (固定資産税) under Article 343 (other than its paragraphs 3, 9 and 10).
Defined inArticle 702, paragraph (2)
Great East Japan Earthquakemachine translation
「東日本大震災」
The disaster caused by the earthquake off the Pacific coast of the Tohoku region (東北地方太平洋沖地震) on 11 March 2011 and by the nuclear power plant accident that followed it.
Defined inSupplementary Provisions, Article 42, paragraph (1)
replacement housemachine translation
「代替家屋」
A house that the prefectural governor recognises as replacing a house in Fukushima Prefecture destroyed or damaged by the Great East Japan Earthquake (東日本大震災), acquired by its owner or another person a Cabinet Order (政令) sets.
Short name set inSupplementary Provisions, Article 51, paragraph (1)· applies only in this paragraph and in Supplementary Provisions, Article 51, paragraph (2)
disaster-stricken housemachine translation
「被災家屋」
A house in Fukushima Prefecture, or that was there, destroyed or damaged by the Great East Japan Earthquake (東日本大震災).
Short name set inSupplementary Provisions, Article 51, paragraph (1)· applies only in this paragraph
former landmachine translation
「従前の土地」
In Article 51, paragraph 2 of the supplementary provisions (附則), land in Fukushima Prefecture that was the site of a house destroyed or damaged by the Great East Japan Earthquake (東日本大震災).
Short name set inSupplementary Provisions, Article 51, paragraph (2)· applies only in this paragraph
replacement housemachine translation
「代替家屋」
A house that the prefectural governor recognises as replacing a house that stood, on the day of designation, in an area designated by the Minister for Internal Affairs and Communications as unfit for living for the time being after the 2011 nuclear power station accident (居住困難区域), acquired by its owner on that day or another person a Cabinet Order (政令) sets.
Short name set inSupplementary Provisions, Article 51, paragraph (3)· applies only in this paragraph and in Supplementary Provisions, Article 51, paragraph (4)
Director-General of the Nuclear Emergency Response Headquartersmachine translation
「原子力災害対策本部長」
The Director-General of the Nuclear Emergency Response Headquarters (原子力災害対策本部長) as defined in Article 17, paragraph 1 of the Act on Special Measures for Responding to Nuclear Disasters.
Defined inSupplementary Provisions, Article 51, paragraph (3)
nuclear power plant accidentmachine translation
「原子力発電所の事故」
The accident at a nuclear power station that came with the earthquake off the Pacific coast of Tohoku (東北地方太平洋沖地震) of 11 March 2011.
Short name set inSupplementary Provisions, Article 51, paragraph (3)
house in a designated areamachine translation
「対象区域内家屋」
A house that was in an area unfit for habitation (居住困難区域) on the day it was designated.
Short name set inSupplementary Provisions, Article 51, paragraph (3)· applies only in this paragraph
area unfit for habitationmachine translation
「居住困難区域」
An area that the Minister for Internal Affairs and Communications has designated and published as unfit for living in for the time being, within the evacuation order areas (避難指示区域) covered by instructions that the Director-General of the Nuclear Emergency Response Headquarters (原子力災害対策本部長) gave to mayors or prefectural governors under Article 20, paragraph 2 of the Act on Special Measures for Responding to Nuclear Disasters after the accident at the nuclear power station caused by the earthquake of 11 March 2011.
Short name set inSupplementary Provisions, Article 51, paragraph (3)
evacuation instruction areamachine translation
「避難指示区域」
The area covered by an instruction to have residents evacuate (Article 55, paragraph 1, item 1 of the supplementary provisions (附則)) that the head of the Nuclear Emergency Response Headquarters (原子力災害対策本部長) gave mayors or governors under Article 20, paragraph 2 of the Act on Special Measures for Responding to Nuclear Disasters after the nuclear power plant accident of 11 March 2011, other than areas where that instruction was expected to be lifted soon.
Short name set inSupplementary Provisions, Article 51, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 54, paragraph (1)
site land in a designated areamachine translation
「対象土地」
Land that, on the day an area unfit for habitation (居住困難区域) was designated, was the site of a house in that area.
Short name set inSupplementary Provisions, Article 51, paragraph (4)· applies only in this paragraph
agricultural land in a designated areamachine translation
「対象区域内農用地」
Agricultural land (農用地) as Article 4, paragraph 1, item 1 of the Act on Promotion of Improvement of Agricultural Management Foundation defines it that was in an area unfit for habitation (居住困難区域) on the day it was designated.
Short name set inSupplementary Provisions, Article 51, paragraph (5)· applies only in this paragraph