Supplementary Provisions, Article 4Transitional Measures Concerning Real Property Acquisition Tax

①Except as otherwise specially provided, the provisions of the New Act concerning real property acquisition tax apply to real property acquisition tax to be imposed on acquisitions of real property on or after the Effective Date, and for real property acquisition tax imposed on acquisitions of real property before the Effective Date, the provisions then in force continue to govern.

②The provisions of Article 12 of the Supplementary Provisions of the New Act apply to real property acquisition tax imposed on the acquisition on or after January 1, 1995 of farmland, pasture land and quasi-farmland prescribed in paragraph (1) of that Article.

③The provisions of Article 12 of the Supplementary Provisions of the Local Tax Act prior to amendment (hereinafter referred to as the "Former Act") remain in force with regard to real property acquisition tax imposed on the acquisition, made before January 1, 1995, of farmland, pasture land and quasi-farmland prescribed in paragraph (1) of that Article (referred to as "farmland, etc." in the following paragraph). In this case, in paragraph (1) of that Article, "Act on Special Measures Concerning Taxation" is deemed to be replaced with "Act on Special Measures Concerning Taxation prior to amendment by the Act Partially Amending the Act on Special Measures Concerning Taxation (Act No. 55 of 1995), which remains in force pursuant to Article 36, paragraph (2) of the Supplementary Provisions of that Act (hereinafter referred to as the 'Act on Special Measures Concerning Taxation Before the Amendment' in this Article)", and in paragraphs (2) and (3) of that Article, "Act on Special Measures Concerning Taxation" is deemed to be replaced with "Act on Special Measures Concerning Taxation Before the Amendment".

④Where the donee prescribed in Article 12, paragraph (1) of the Supplementary Provisions of the Former Act, to whom that paragraph applies by remaining in force pursuant to the provisions of the preceding paragraph, creates, between the Effective Date and March 31, 2002 and before the date of death of the donor of the farmland, etc., a right by loan for use over the farmland, etc., as provided by Cabinet Order, in favor of an agricultural production corporation prescribed in Article 2, paragraph (3) of the Cropland Act (Act No. 229 of 1952) prior to amendment by the provisions of Article 3 of the Act Partially Amending the Agricultural Co-operatives Act, etc., and Other Matters (Act No. 63 of 2015) that is specified by Cabinet Order, then with regard to real property acquisition tax imposed on the donee's acquisition of that farmland, etc., in addition to what is provided for in Article 12, paragraph (1) of the Supplementary Provisions of the Former Act, which remains in force pursuant to the provisions of the preceding paragraph, collection of that tax is to be deferred in accordance with the rules of Article 36, paragraphs (3) through (5) of the Supplementary Provisions of the Act Partially Amending the Act on Special Measures Concerning Taxation (Act No. 55 of 1995).

⑤With regard to the application of Article 12, paragraphs (2) through (4) of the Supplementary Provisions of the Former Act, which remain in force pursuant to the provisions of paragraph (3), in the case where collection of real property acquisition tax is deferred pursuant to the provisions of the preceding paragraph, in paragraph (2) of that Article, "the preceding paragraph" is deemed to be replaced with "the preceding paragraph or Article 4, paragraph (4) of the Supplementary Provisions of the Act Partially Amending the Local Tax Act (Act No. 40 of 1995; hereinafter referred to as the '1995 Local Tax Act Amendment Act' in this Article)"; in paragraph (3) of that Article, "under paragraph (1) of that Article" is deemed to be replaced with "under paragraph (1) of that Article or Article 4, paragraph (4) of the Supplementary Provisions of the 1995 Local Tax Act Amendment Act", "that paragraph" is deemed to be replaced with "paragraph (1) of that Article", "paragraph (6) of that Article" is deemed to be replaced with "paragraph (6) of that Article or Article 36, paragraph (5) of the Supplementary Provisions of the Act Partially Amending the Act on Special Measures Concerning Taxation (Act No. 55 of 1995), which is followed pursuant to Article 4, paragraph (4) of the Supplementary Provisions of the 1995 Local Tax Act Amendment Act", "paragraph (12) of that Article" is deemed to be replaced with "Article 70-4, paragraph (12) of the Act on Special Measures Concerning Taxation Before the Amendment", and "paragraph (4) of that Article" is deemed to be replaced with "Article 70-4, paragraph (4) of the Act on Special Measures Concerning Taxation Before the Amendment"; and in paragraph (4) of that Article, "paragraph (1) of that Article" is deemed to be replaced with "paragraph (1) of that Article or Article 4, paragraph (4) of the Supplementary Provisions of the 1995 Local Tax Act Amendment Act".

⑥The provisions of the preceding two paragraphs apply mutatis mutandis to a person who is subject to Article 12, paragraph (1) of the Supplementary Provisions of the Local Tax Act prior to amendment by the Act Partially Amending the Local Tax Act, etc. (Act No. 7 of 1976), which remains in force pursuant to Article 4, paragraph (6) of the Supplementary Provisions of that Act, or to Article 4, paragraph (2) of the Supplementary Provisions of the Act Partially Amending the Local Tax Act and the Act on Grants Distributed to Municipalities Where National Assets, etc. are Located (Act No. 7 of 1991). In this case, the technical replacement of terms necessary is specified by Cabinet Order.