Supplementary Provisions, Article 8-3-4

①If a corporation that is a certified special business restructuring operator prescribed in Article 24-3, paragraph (1) of the Act on Strengthening Industrial Competitiveness (Act No. 98 of 2013) and that has received the certification under Article 24-2, paragraph (1) of that Act for a special business restructuring plan prescribed in that paragraph (hereinafter in this paragraph referred to as a "special business restructuring plan") during the period from the effective date of the Act Partially Amending the Act on Strengthening Industrial Competitiveness, etc. to Promote the Creation of New Businesses and Investment in Industry (Act No. 45 of 2024) through March 31, 2027 (hereinafter in this paragraph referred to as a "certified special business restructuring operator") acquires shares of or capital contributions to another corporation (hereinafter in this paragraph referred to as "shares, etc."), or takes transfer of shares of another corporation, as a measure (limited to the measures set forth in Article 2, paragraph (18), items (iii), (iv) and (vi) of that Act) for the special business restructuring prescribed in Article 2, paragraph (18) of that Act (limited to special business restructuring that conforms to the criteria determined by the Minister for Internal Affairs and Communications as particularly contributing to the improvement of productivity and the development of demand; hereinafter in this paragraph referred to as "special business restructuring") carried out in accordance with the special business restructuring plan pertaining to that certification (where the change has been certified under paragraph (1) of that Article, the plan as changed), and has continued to hold them from the day of that acquisition or transfer (hereinafter in this paragraph referred to as the "date of acquisition, etc.") onward, and has had a full controlling interest (meaning the full controlling interest prescribed in Article 2, item (xii)-7-6 of the Corporation Tax Act; the same applies hereinafter in this paragraph) with that other corporation continuously on and after the date of acquisition, etc. (excluding where the amount of consideration for that acquisition or transfer exceeds 10 billion yen or is less than 100,000,000 yen), then, with regard to the application of Article 72-2, paragraph (1) to the business carried out by that other corporation (hereinafter in this paragraph referred to as the "covered corporation") and by the other corporation in the case where the covered corporation and that certified special business restructuring operator have, within five years before the date of the application for the certification under Article 24-2, paragraph (1) of the Act on Strengthening Industrial Competitiveness, acquired shares, etc. of another corporation or taken transfer of shares of another corporation, have continued to hold them from the day of that acquisition or transfer onward, and have had a full controlling interest with that other corporation continuously on and after that day (limited to those specified by Order of the Ministry of Internal Affairs and Communications among the other corporations in the case where that other corporation takes the measures for that special business restructuring; hereinafter in this paragraph referred to as a "corporation whose shares were acquired within five years"), solely for the enterprise tax for each business year from the business year that includes the date of acquisition, etc. of the covered corporation or the corporation whose shares were acquired within five years through the business year that includes the day on which five years have elapsed from that date of acquisition, etc. (where the certification under Article 24-2, paragraph (1) of the Act on Strengthening Industrial Competitiveness has been rescinded pursuant to Article 24-3, paragraph (2) or (3) of that Act, the business year preceding the business year that includes the day of the rescission), the phrase "those exceeding 200,000,000 yen" in Article 72-2, paragraph (1), item (i), (b), (1) and (2) is deemed to be replaced with "those exceeding 200,000,000 yen (excluding the covered corporation prescribed in Article 8-3-4, paragraph (1) of the Supplementary Provisions and the corporation whose shares were acquired within five years prescribed in that paragraph)".

②Cabinet Order provides for the necessary particulars concerning the application of the provisions of the preceding paragraph.