Article 37-3Calculation of Acquisition Price, etc. in the Case of Transfer of Specified Business Assets Pertaining to Replacement
第三十七条の三（買換えに係る特定の事業用資産の譲渡の場合の取得価額の計算等）
Where, for a person who has received the application of the provisions of Article 37, paragraph (1) (including as applied mutatis mutandis pursuant to paragraphs (3) and (4) of that Article; hereinafter the same applies in this Article) (excluding a person who is no longer allowed the special provisions under Article 37, paragraph (1) because the person has filed an amended return under paragraph (1) or paragraph (2) of the preceding Article or has received a reassessment under paragraph (3) of that Article), the amount of depreciation allowance under Article 49, paragraph (1) of the Income Tax Act pertaining to the replacement asset is calculated, or, where there is a transfer (including lending of real property, etc. giving rise to capital gains), inheritance, bequest or gift of the replacement asset on or after the date of its acquisition, the amount of capital gains is calculated, the acquisition price of the replacement asset is, pursuant to the provisions of Cabinet Order, the amount specified in the following items according to the category of cases listed in those items (where there are expenses incurred for the transfer referred to in Article 37, paragraph (1), the amount obtained by adding the amount of those expenses calculated pursuant to the provisions of Cabinet Order):
第三十七条第一項（同条第三項及び第四項において準用する場合を含む。以下この条において同じ。）の規定の適用を受けた者（前条第一項若しくは第二項の規定による修正申告書を提出し、又は同条第三項の規定による更正を受けたため、第三十七条第一項の規定による特例を認められないこととなつた者を除く。）の買換資産に係る所得税法第四十九条第一項の規定による償却費の額を計算するとき、又は当該買換資産の取得の日以後その譲渡（譲渡所得の基因となる不動産等の貸付けを含む。）、相続、遺贈若しくは贈与があつた場合において、譲渡所得の金額を計算するときは、政令で定めるところにより、当該買換資産の取得価額は、次の各号に掲げる場合の区分に応じ当該各号に定める金額（第三十七条第一項の譲渡に要した費用があるときは、政令で定めるところにより計算した当該費用の金額を加算した金額）とする。
where the revenue from the transfer referred to in Article 37, paragraph (1) exceeds the acquisition price of the replacement asset: the sum of the amount calculated pursuant to the provisions of Cabinet Order as the amount of the portion of the acquisition price, etc. of the asset so transferred other than the portion corresponding to the excess amount and to the amount equivalent to 20 percent of the acquisition price of the replacement asset, and the amount equivalent to that 20 percent;
where the revenue from the transfer referred to in Article 37, paragraph (1) is equal to the acquisition price of the replacement asset: the amount equivalent to the sum of the amount calculated pursuant to the provisions of Cabinet Order as the amount of the portion of the acquisition price, etc. of the asset so transferred other than the portion corresponding to the amount equivalent to 20 percent of that revenue, and the amount equivalent to that 20 percent;
where the revenue from the transfer referred to in Article 37, paragraph (1) is less than the acquisition price of the replacement asset: the amount equivalent to the amount obtained by adding the shortfall to the sum of the amount calculated pursuant to the provisions of Cabinet Order as the amount of the portion of the acquisition price, etc. of the asset so transferred other than the portion corresponding to the amount equivalent to 20 percent of that revenue, and the amount equivalent to that 20 percent.
In the case referred to in the preceding paragraph, for the purpose of applying the provisions of the preceding paragraph where the asset transferred as prescribed in Article 37, paragraph (1) falls under the assets listed in the left-hand column of item (ii) of the table in that paragraph and the replacement asset or the asset expected to be acquired falls under the assets listed in the right-hand column of that item, and the person has received the application of the provisions of that paragraph, the phrase "20 percent" in the items of the preceding paragraph is deemed to be replaced with "40 percent".
For the purpose of applying the provisions of paragraph (1) in the case referred to in paragraph (1) (limited to the case where the person has received the application of the provisions of Article 37, paragraph (1) pursuant to the provisions of paragraph (10) of that Article), the following items apply according to which of the areas listed in those items the replacement asset referred to in that paragraph is located in:
the area listed in Article 37, paragraph (10), item (i): the phrase "20 percent" in the items of paragraph (1) is deemed to be replaced with "10 percent";
第三十七条第十項第一号に掲げる地域 第一項各号中「百分の二十」とあるのは、「百分の十」とする。
the area listed in Article 37, paragraph (10), item (ii): the phrase "20 percent" in the items of paragraph (1) is deemed to be replaced with "25 percent";
第三十七条第十項第二号に掲げる地域 第一項各号中「百分の二十」とあるのは、「百分の二十五」とする。
the area listed in Article 37, paragraph (10), item (iii): the phrase "20 percent of" in paragraph (1), item (i) is deemed to be replaced with "30 percent (or 40 percent where both the asset so transferred and the replacement asset fall under the principal office assets prescribed in paragraph (10) of that Article; hereinafter the same applies in this paragraph) of", the phrase "that 20 percent" is deemed to be replaced with "that 30 percent", and the phrase "20 percent" in items (ii) and (iii) of that paragraph is deemed to be replaced with "30 percent".
Where an individual has received the application of the provisions of Article 37, paragraph (1), the provisions listed in the items of Article 19, paragraph (1) do not apply to the replacement asset.