Article 67-4Special Provisions on Taxation Concerning Business Closure or Conversion Subsidies, etc.
第六十七条の四(転廃業助成金等に係る課税の特例)
Where a corporation that, following the enactment of laws and regulations, the conclusion of a treaty or other international agreement, or any other act specified by Cabinet Order as equivalent thereto (referred to in this paragraph as the "enactment of laws and regulations, etc.") with regard to the consolidation of businesses or other restrictions on business activities, is required to close or convert the business that it operates (referred to in this Article as an "operator closing its business, etc.") has received, as a result of closing or converting that business, subsidies of the State or a local government (including those equivalent thereto) or compensation contributed by remaining business operators, etc. (meaning persons operating a business of the same type as that business who continue to operate that business even after the enactment of laws and regulations, etc., and organizations formed by them), which are specified by Cabinet Order (referred to in this Article as "business closure or conversion subsidies, etc.") (including the case where it has received them through an organization to which the operator closing its business, etc. belongs or any other person in accordance with the purpose of the grant of the business closure or conversion subsidies, etc.; the same applies hereinafter in this Article), if, in the business year that includes the day on which it received them, it has reduced, by accounting as an expense or loss and within the limit of an amount equivalent to the amount of the part of those business closure or conversion subsidies, etc. corresponding to what is specified by Cabinet Order as expenses for compensating for the depreciation of machinery and other depreciable assets pertaining to that business held by the corporation (referred to in this paragraph as a "grant compensating for depreciation"), the book value of the machinery or other depreciable assets pertaining to that grant compensating for depreciation, an amount equivalent to the amount so reduced is included in deductible expenses in calculating the amount of income for that business year.
事業の整備その他の事業活動に関する制限につき、法令の制定、条約その他の国際約束の締結その他これらに準ずるものとして政令で定める行為(以下この項において「法令の制定等」という。)があつたことに伴い、その営む事業の廃止又は転換をしなければならないこととなる法人(以下この条において「廃止業者等」という。)が、その事業の廃止又は転換をすることとなることにより国若しくは地方公共団体の補助金(これに準ずるものを含む。)又は残存事業者等(当該事業と同種の事業を営む者で当該法令の制定等があつた後においても引き続きその事業を営むもの及びその者が構成する団体をいう。)の拠出した補償金で、政令で定めるもの(以下この条において「転廃業助成金等」という。)の交付を受けた場合(当該転廃業助成金等の交付の目的に応じ当該廃止業者等の属する団体その他の者を通じて交付を受けた場合を含む。以下この条において同じ。)において、その交付を受けた日を含む事業年度において当該転廃業助成金等の金額のうち、その法人の有する当該事業に係る機械その他の減価償却資産の減価を補塡するための費用として政令で定めるものに対応する部分(以下この項において「減価補塡金」という。)の金額に相当する金額の範囲内で当該減価補塡金に係る機械その他の減価償却資産の帳簿価額を損金経理により減額したときは、その減額した金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
Where a corporation that is an operator closing its business, etc. has received business closure or conversion subsidies, etc., if, in the business year that includes the day on which it received them, it has made an acquisition (excluding an acquisition through a lease transaction without transfer of ownership, and including construction and manufacture; the same applies hereinafter in this Article) or improvement of fixed assets with an amount equivalent to all or part of the amount of the part of those business closure or conversion subsidies, etc. corresponding to what is specified by Cabinet Order as expenses for subsidizing the closure or conversion of the business that it operates (referred to in this Article as a "business closure or conversion subsidy"), and, with regard to those fixed assets, has reduced their book value by accounting as an expense or loss within the limit of an amount equivalent to the amount of the business closure or conversion subsidy spent on the acquisition or improvement (referred to in this paragraph as the "reduction entry limit"), or, instead of reducing their book value, has accounted for an amount not exceeding the reduction entry limit by the method of setting it aside as a reserve in the settlement of accounts finalized for that business year (including the method of setting it aside as a reserve through the appropriation of surplus by the day on which the settlement of accounts for that business year is finalized), an amount equivalent to the amount so reduced or accounted for is included in deductible expenses in calculating the amount of income for that business year.
廃止業者等である法人が転廃業助成金等の交付を受けた場合において、当該転廃業助成金等の金額のうちその営む事業の廃止又は転換を助成するための費用として政令で定めるものに対応する部分(以下この条において「転廃業助成金」という。)の金額の全部又は一部に相当する金額をもつて当該交付を受けた日を含む事業年度において固定資産の取得(所有権移転外リース取引による取得を除き、建設及び製作を含む。以下この条において同じ。)又は改良をし、当該固定資産につき、その取得又は改良に充てた転廃業助成金の金額に相当する金額(以下この項において「圧縮限度額」という。)の範囲内でその帳簿価額を損金経理により減額し、又はその帳簿価額を減額することに代えてその圧縮限度額以下の金額を当該事業年度の確定した決算において積立金として積み立てる方法(当該事業年度の決算の確定の日までに剰余金の処分により積立金として積み立てる方法を含む。)により経理したときは、その減額し、又は経理した金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
Where a corporation that is an operator closing its business, etc. receives business closure or conversion subsidies, etc. and, in the business year that includes the day on which it received them, carries out a qualified company split, a qualified capital contribution in kind or a qualified in-kind distribution (limited to one carried out on or after that day; hereinafter referred to as a "qualified company split, etc." in this paragraph, paragraph (10) and paragraph (17)), if, within the period from the beginning of that business year to the time immediately before the qualified company split, etc., it makes an acquisition or improvement of fixed assets with the amount of the business closure or conversion subsidy (limited to that received within that period) out of the amount of those business closure or conversion subsidies, etc., and transfers those fixed assets to the successor corporation in a company split, the corporation receiving a capital contribution in kind or the corporation receiving a distribution in kind through the qualified company split, etc., then, only where it has reduced the book value of those fixed assets within the limit of an amount equivalent to the business closure or conversion subsidy spent on the acquisition or improvement, an amount equivalent to the amount so reduced is included in deductible expenses in calculating the amount of income for that business year.
廃止業者等である法人が、転廃業助成金等の交付を受け、かつ、その交付を受けた日を含む事業年度において適格分割、適格現物出資又は適格現物分配(その日以後に行われるものに限る。以下この項、第十項及び第十七項において「適格分割等」という。)を行う場合において、当該事業年度開始の時から当該適格分割等の直前の時までの期間内に当該転廃業助成金等の額のうち転廃業助成金の金額(その期間内に交付を受けたものに限る。)をもつて固定資産の取得又は改良をし、その固定資産を当該適格分割等により分割承継法人、被現物出資法人又は被現物分配法人に移転するときは、当該固定資産につき、その取得又は改良に充てた転廃業助成金に相当する金額の範囲内でその帳簿価額を減額したときに限り、当該減額をした金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
Where a corporation that is an operator closing its business, etc. has received business closure or conversion subsidies, etc., if it is expected to make an acquisition or improvement of fixed assets with an amount equivalent to all or part of the amount of the business closure or conversion subsidy (where, in the business year that includes the day on which it received them, it has made an acquisition or improvement of fixed assets with an amount equivalent to part of that amount, the amount after deducting the amount spent on that acquisition or improvement; hereinafter the same applies in this Article) out of the amount of those business closure or conversion subsidies, etc., within the period from the day following the end of the business year that includes the day on which it received them (excluding a business year that includes the date of dissolution and a business year that includes the day before the date of a merger (excluding a qualified merger) of a merged corporation) until the day on which two years have elapsed after the day of receipt (where there are unavoidable circumstances specified by Cabinet Order, such as that the period required for the construction of a factory, etc. normally exceeds two years, the period specified by Cabinet Order; hereinafter referred to as the "designated period" in this paragraph and paragraph (6), item (ii)) (including where, in the case where the corporation carries out a qualified merger in which it is the merged corporation, the merging corporation pertaining to that qualified merger is expected to make an acquisition or improvement of fixed assets with all or part of the amount of that business closure or conversion subsidy within the designated period, and other cases specified by Cabinet Order), then, only where it has accounted for an amount not exceeding the amount of that business closure or conversion subsidy that it intends to appropriate for the acquisition or improvement of fixed assets, by the method of setting up a special account in the settlement of accounts finalized for the business year that includes the day on which it received them (including the method of setting it aside as a reserve through the appropriation of surplus by the day on which the settlement of accounts for that business year is finalized), an amount equivalent to the amount so accounted for is included in deductible expenses in calculating the amount of income for that business year.
廃止業者等である法人が、転廃業助成金等の交付を受けた場合において、その交付を受けた日を含む事業年度(解散の日を含む事業年度及び被合併法人の合併(適格合併を除く。)の日の前日を含む事業年度を除く。)終了の日の翌日から当該交付を受けた日以後二年を経過する日までの期間(工場等の建設に要する期間が通常二年を超えることその他の政令で定めるやむを得ない事情がある場合には、政令で定める期間。以下この項及び第六項第二号において「指定期間」という。)内に当該転廃業助成金等の額のうち転廃業助成金の金額(当該交付を受けた日を含む事業年度において当該金額の一部に相当する金額をもつて固定資産の取得又は改良をした場合には、当該取得又は改良に充てられた金額を控除した金額。以下この条において同じ。)の全部又は一部に相当する金額をもつて固定資産の取得又は改良をする見込みであるとき(当該法人が被合併法人となる適格合併を行う場合において当該適格合併に係る合併法人が指定期間内に当該転廃業助成金の金額の全部又は一部をもつて固定資産の取得又は改良をする見込みであるときその他の政令で定めるときを含む。)は、当該転廃業助成金の金額のうち固定資産の取得又は改良に充てようとするものの額以下の金額を当該交付を受けた日を含む事業年度の確定した決算において特別勘定を設ける方法(当該事業年度の決算の確定の日までに剰余金の処分により積立金として積み立てる方法を含む。)により経理したときに限り、その経理した金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
Where a corporation that is an operator closing its business, etc. receives business closure or conversion subsidies, etc. and, in the business year that includes the day on which it received them, carries out a qualified company split or a qualified capital contribution in kind (limited to one carried out on or after that day; hereinafter referred to as a "qualified company split, etc." in this Article, except in paragraph (10) and paragraph (17)), if the successor corporation in a company split or the corporation receiving a capital contribution in kind pertaining to the qualified company split, etc. is expected to make an acquisition or improvement of fixed assets with an amount equivalent to all or part of the amount of the business closure or conversion subsidy out of the amount of those business closure or conversion subsidies, etc., within the period from the date of the qualified company split, etc. until the day on which two years have elapsed after the day of receipt (where there are unavoidable circumstances specified by Cabinet Order, such as that the period required for the construction of a factory, etc. normally exceeds two years, the period specified by Cabinet Order), then, only where the corporation has set up an account equivalent to the special account referred to in the preceding paragraph (hereinafter referred to as a "special account during the year" in this Article) within the limit of the amount of that business closure or conversion subsidy that the successor corporation in a company split or the corporation receiving a capital contribution in kind intends to appropriate for the acquisition or improvement of fixed assets, an amount equivalent to the amount of the special account during the year so set up is included in deductible expenses in calculating the amount of income for that business year.
廃止業者等である法人が、転廃業助成金等の交付を受け、かつ、その交付を受けた日を含む事業年度において適格分割又は適格現物出資(その日以後に行われるものに限る。第十項及び第十七項を除き、以下この条において「適格分割等」という。)を行う場合において、当該適格分割等に係る分割承継法人又は被現物出資法人において当該適格分割等の日から当該交付を受けた日以後二年を経過する日までの期間(工場等の建設に要する期間が通常二年を超えることその他の政令で定めるやむを得ない事情がある場合には、政令で定める期間)内に当該転廃業助成金等の額のうち転廃業助成金の金額の全部又は一部に相当する金額をもつて固定資産の取得又は改良をする見込みであるときは、当該転廃業助成金の金額のうち当該分割承継法人又は被現物出資法人において固定資産の取得又は改良に充てようとするものの額の範囲内で前項の特別勘定に相当するもの(以下この条において「期中特別勘定」という。)を設けたときに限り、当該設けた期中特別勘定の金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
Where a corporation has carried out a qualified merger, a qualified company split or a qualified capital contribution in kind, the amount of the special account or the amount of the special account during the year specified in each of the following items according to the category of qualified merger, qualified company split or qualified capital contribution in kind listed in that item is to be succeeded to by the merging corporation, the successor corporation in a company split or the corporation receiving a capital contribution in kind pertaining to that qualified merger, qualified company split or qualified capital contribution in kind:
法人が、適格合併、適格分割又は適格現物出資を行つた場合には、次の各号に掲げる適格合併、適格分割又は適格現物出資の区分に応じ、当該各号に定める特別勘定の金額又は期中特別勘定の金額は、当該適格合併、適格分割又は適格現物出資に係る合併法人、分割承継法人又は被現物出資法人に引き継ぐものとする。
qualified merger: the amount of the special account referred to in paragraph (4) held immediately before the qualified merger (where there is any amount that has already been included in gross profit or that should be included in gross profit, the amount after deducting those amounts; hereinafter the same applies in this Article);
適格合併 当該適格合併直前において有する第四項の特別勘定の金額(既に益金の額に算入された、又は益金の額に算入されるべき金額がある場合には、これらの金額を控除した金額。以下この条において同じ。)
qualified company split, etc.: of the amount of the special account referred to in paragraph (4) held immediately before the qualified company split, etc., the amount of the special account that the successor corporation in a company split or the corporation receiving a capital contribution in kind pertaining to the qualified company split, etc. intends to appropriate for the acquisition or improvement of fixed assets in the case where it is expected to make an acquisition or improvement of fixed assets with the amount of the business closure or conversion subsidy pertaining to that special account by the last day of the designated period, and the amount of the special account during the year set up upon the qualified company split, etc.
The provisions of the preceding paragraph apply, in the case of a corporation that has set up the special account referred to in paragraph (4) and has carried out a qualified company split, etc. (excluding a corporation that has set up both that special account and a special account during the year and that passes on only the amount of the special account during the year to the successor corporation in a company split or the corporation receiving a capital contribution in kind through the qualified company split, etc.), only where the corporation that has set up the special account submits, within two months after the date of the qualified company split, etc., a document stating the amount of that special account to be passed on to the successor corporation in a company split or the corporation receiving a capital contribution in kind through the qualified company split, etc. and other matters specified by Order of the Ministry of Finance to the district director having jurisdiction over its place for tax payment.
The amount of the special account or the amount of the special account during the year succeeded to by the merging corporation, the successor corporation in a company split or the corporation receiving a capital contribution in kind pursuant to the provisions of paragraph (6) is deemed to be the amount of the special account set up by that merging corporation, successor corporation in a company split or corporation receiving a capital contribution in kind pursuant to the provisions of paragraph (4).
The provisions of paragraph (2) apply mutatis mutandis where a corporation that has set up the special account referred to in paragraph (4) has made an acquisition or improvement of fixed assets, with an amount equivalent to all or part of the amount of the business closure or conversion subsidy, out of the amount of business closure or conversion subsidies, etc., that it intends to appropriate for the acquisition or improvement of fixed assets, within the designated period prescribed in that paragraph (where the amount of that special account is the amount of a special account during the year succeeded to pursuant to the provisions of paragraph (6), or in other cases specified by Cabinet Order, the period prescribed in paragraph (5) or any other period specified by Cabinet Order; hereinafter referred to as the "designated period" in this Article). In this case, the phrase "the settlement of accounts finalized for that business year" in paragraph (2) is deemed to be replaced with "the settlement of accounts finalized for the business year that includes the day on which the acquisition or improvement of those fixed assets was made".
第二項の規定は、第四項の特別勘定を設けている法人が、同項に規定する指定期間(当該特別勘定の金額が第六項の規定により引継ぎを受けた期中特別勘定の金額である場合その他の政令で定める場合には、第五項に規定する期間その他の政令で定める期間。以下この条において「指定期間」という。)内に転廃業助成金等の額のうち転廃業助成金の金額で固定資産の取得又は改良に充てようとするものの全部又は一部に相当する金額をもつて固定資産の取得又は改良をした場合について準用する。この場合において、第二項中「当該事業年度の確定した決算」とあるのは、「当該固定資産の取得又は改良をした日を含む事業年度の確定した決算」と読み替えるものとする。
The provisions of paragraph (3) apply mutatis mutandis where a corporation that has set up the special account referred to in paragraph (4) carries out a qualified company split, etc., and the corporation has made an acquisition or improvement of fixed assets, with an amount equivalent to all or part of the amount of the business closure or conversion subsidy, out of the amount of business closure or conversion subsidies, etc., that it intends to appropriate for the acquisition or improvement of fixed assets, within the designated period of the business year that includes the date of the qualified company split, etc., and transfers those fixed assets to the successor corporation in a company split, the corporation receiving a capital contribution in kind or the corporation receiving a distribution in kind through the qualified company split, etc. In this case, the phrase "in calculating the amount of income for that business year" in paragraph (3) is deemed to be replaced with "in calculating the amount of income for the business year that includes the day on which the acquisition or improvement of those fixed assets was made".
Where a corporation that has set up the special account referred to in paragraph (4) has come to fall under any of the cases listed in the following items (excluding where that special account is to be succeeded to by the merging corporation, the successor corporation in a company split or the corporation receiving a capital contribution in kind pursuant to the provisions of paragraph (6)), the amount specified in each of those items is included in gross profit in calculating the amount of income for the business year that includes the day on which it has come to fall under that case (in the case listed in item (v), the business year that includes the day before the date of the merger):
where it has appropriated an amount equivalent to all or part of the amount of the special account referred to in paragraph (4) for the acquisition or improvement of fixed assets within the designated period: an amount equivalent to the amount so appropriated;
where it has reversed the amount of the special account referred to in paragraph (4) within the designated period in a case other than the case falling under the provisions of the preceding item: the amount so reversed;
where it holds the amount of the special account referred to in paragraph (4) on the day on which the designated period elapses: the amount of that special account;
where it has dissolved within the designated period (excluding where it has dissolved due to a merger), if it holds the amount of the special account referred to in paragraph (4): the amount of that special account;
where it has carried out, within the designated period, a merger in which the corporation is the merged corporation, if it holds the amount of the special account referred to in paragraph (4): the amount of that special account.
The provisions listed in the items of Article 53, paragraph (1) do not apply to assets to which the provisions of paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (9); the same applies in the following paragraph and paragraph (14)) or paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (10); the same applies in the following paragraph and paragraph (14)) have been applied.
Where the provisions of laws and regulations concerning corporation tax are applied to assets to which the provisions of paragraph (2) or paragraph (3) have been applied, the amount included in deductible expenses in calculating the amount of income for each business year pursuant to those provisions is not included in the acquisition price of those assets.
Where a merging corporation, a successor corporation in a company split, a corporation receiving a capital contribution in kind or a corporation receiving a distribution in kind pertaining to a qualified merger, a qualified company split, a qualified capital contribution in kind or a qualified in-kind distribution (hereinafter referred to as a "qualified merger, etc." in this paragraph) that has received, through that qualified merger, etc., the transfer of fixed assets to which the provisions of paragraph (2) or paragraph (3) have been applied applies the provisions of laws and regulations concerning corporation tax to those fixed assets, the amount that was not included in the acquisition price of those fixed assets by the merged corporation, the splitting corporation, the corporation making a capital contribution in kind or the corporation making a distribution in kind pertaining to that qualified merger, etc. is not included in the acquisition price of those fixed assets.
The provisions of paragraph (1), (2), (4) or (9) apply only if the final return, etc. contains a statement concerning the inclusion in deductible expenses of the amount to be included in deductible expenses pursuant to those provisions, and has attached to it a written statement concerning the calculation of the amount to be included in deductible expenses and other documents specified by Order of the Ministry of Finance.
Even where a final return, etc. without the statement or attachment referred to in the preceding paragraph has been filed, the district director may, when the district director finds that there were unavoidable circumstances for the absence of the statement or attachment, apply the provisions of paragraph (1), (2), (4) or (9), only if a document containing that statement, and the written statement and the documents specified by Order of the Ministry of Finance referred to in that paragraph, are submitted.
The provisions of paragraph (3) apply only where the corporation seeking the application of the provisions of that paragraph submits, within two months after the date of the qualified company split, etc., a document stating the amount reduced as prescribed in that paragraph and other matters specified by Order of the Ministry of Finance to the district director having jurisdiction over its place for tax payment. The same applies where the provisions of that paragraph are applied as read with the replacement of terms pursuant to the provisions of paragraph (10).
The provisions of paragraph (5) apply only where the corporation seeking the application of the provisions of that paragraph submits, within two months after the date of the qualified company split, etc., a document stating the amount of the special account during the year and other matters specified by Order of the Ministry of Finance to the district director having jurisdiction over its place for tax payment.
Matters necessary for the application of the provisions of paragraphs (1) through (11) and other matters necessary for the application of the provisions of the Corporation Tax Act with regard to business closure or conversion subsidies, etc. are specified by Cabinet Order.
第一項から第十一項までの規定の適用その他転廃業助成金等に係る法人税法の規定の適用に関し必要な事項は、政令で定める。