Article 70-4Tax Payment Grace Period and Exemption for Gift Tax Where Farmland, etc. Is Given as a Gift
第七十条の四(農地等を贈与した場合の贈与税の納税猶予及び免除)
In the case where an individual engaged in agriculture who is specified by Cabinet Order (referred to as a "donor" hereinafter through Article 70-5) has given, as a gift, to one person among the presumptive heirs of that donor specified by Cabinet Order, all of the farmland used for that agriculture (excluding farmland that falls under specified farmland, etc. in an urbanization promotion area, and farmland specified by Cabinet Order among farmland pertaining to a survey of intention to use (meaning a survey of intention to use prescribed in Article 32, paragraph (1) of the Cropland Act under the provisions of Article 32, paragraph (1) or Article 33, paragraph (1) of that Act; the same applies in item (i)); the same applies hereinafter through Article 70-5, except in the following paragraph), the part specified by Cabinet Order of the pasture land used for that agriculture (excluding pasture land that falls under specified farmland, etc. in an urbanization promotion area; the same applies hereinafter through Article 70-5, except in that paragraph), and the part specified by Cabinet Order of land that is located, together with that farmland and pasture land, within the area designated as an agricultural land area prescribed in Article 8, paragraph (2), item (i) of the Act on Establishment of Agricultural Promotion Regions and that is specified by Cabinet Order as being equivalent to farmland or pasture land (referred to as "quasi-farmland" hereinafter in this Article) (excluding the case where that donor has already made a gift to which the provisions of this Article or any other provisions specified by Cabinet Order as being similar thereto apply), with regard to the gift tax equivalent to the amount calculated, pursuant to the provisions of Cabinet Order, as the part corresponding to the value of that farmland, etc. (referred to as the "gift tax subject to deferral" hereinafter in this Article) out of the amount of gift tax payable upon the filing of the return filed by the due date under the provisions of Article 28, paragraph (1) of the Inheritance Tax Act (referred to as the "gift tax return" hereinafter in this Article) for the year that includes the day of that gift of the person who has received the gift of that farmland and pasture land and quasi-farmland (referred to as "farmland, etc." hereinafter through Article 70-5) (referred to as the "donee" hereinafter through Article 70-5, except in the items of paragraph (9) of the following Article), notwithstanding the provisions of Article 33 of that Act, a grace period for that tax payment is granted until the day of the death of that donor, only in the case where security equivalent to that gift tax subject to deferral has been provided by the filing deadline for the gift tax return for that year; provided, however, that, in the case where that donee has come to fall under any of the cases listed in items (i) through (iii) before that day, the grace period for that tax payment is granted until the day on which two months have elapsed from the day specified in those items (or, in the case where that donee dies after coming to fall under that case and on or before the day on which those two months have elapsed, the day on which six months have elapsed from the day following the day on which the heir of that donee (including a universal legatee; the same applies hereinafter in this Article) learned of the commencement of the succession due to the death of that donee), and, in the case where that donee has come to fall under the case listed in item (iv) before the day of the death of that donor, until the day specified in that item, respectively.
農業を営む個人で政令で定める者(以下第七十条の五までにおいて「贈与者」という。)が、その農業の用に供している農地(特定市街化区域農地等に該当するもの及び利用意向調査(農地法第三十二条第一項又は第三十三条第一項の規定による同法第三十二条第一項に規定する利用意向調査をいう。第一号において同じ。)に係るもののうち政令で定めるものを除く。次項を除き、以下第七十条の五までにおいて同じ。)の全部及び当該用に供している採草放牧地(特定市街化区域農地等に該当するものを除く。同項を除き、以下第七十条の五までにおいて同じ。)のうち政令で定める部分並びに当該農地及び採草放牧地とともに農業振興地域の整備に関する法律第八条第二項第一号に規定する農用地区域として定められている区域内にある土地で農地又は採草放牧地に準ずるものとして政令で定めるもの(以下この条において「準農地」という。)のうち政令で定める部分を当該贈与者の推定相続人で政令で定める者のうちの一人の者に贈与した場合(当該贈与者が既にこの条の規定その他これに類するものとして政令で定める規定の適用に係る贈与をしている場合を除く。)には、当該農地及び採草放牧地並びに準農地(以下第七十条の五までにおいて「農地等」という。)の贈与を受けた者(次条第九項各号を除き、以下第七十条の五までにおいて「受贈者」という。)の当該贈与の日の属する年分の相続税法第二十八条第一項の規定による期限内申告書(以下この条において「贈与税の申告書」という。)の提出により納付すべき贈与税の額のうち、当該農地等の価額に対応する部分の金額として政令で定めるところにより計算した金額(以下この条において「納税猶予分の贈与税額」という。)に相当する贈与税については、当該年分の贈与税の申告書の提出期限までに当該納税猶予分の贈与税額に相当する担保を提供した場合に限り、同法第三十三条の規定にかかわらず、当該贈与者の死亡の日まで、その納税を猶予する。ただし、当該受贈者が、同日前において第一号から第三号までに掲げる場合のいずれかに該当することとなつた場合にはこれらの号に定める日から二月を経過する日(その該当することとなつた後同日以前に当該受贈者が死亡した場合には、当該受贈者の相続人(包括受遺者を含む。以下この条において同じ。)が当該受贈者の死亡による相続の開始があつたことを知つた日の翌日から六月を経過する日)まで、当該贈与者の死亡の日前において第四号に掲げる場合に該当することとなつた場合には同号に定める日まで、それぞれ当該納税を猶予する。
in the case where the donee has transferred, given as a gift or converted (excluding the conversion of pasture land into farmland, the conversion of quasi-farmland into pasture land or farmland, and any other conversion specified by Cabinet Order) the farmland, etc. acquired by that gift to which the provisions of the main clause of this paragraph apply, has created a superficies right, a farming right, a right based on a loan for use or a right of lease with regard to that farmland, etc. (excluding the creation of a superficies right referred to in Article 269-2, paragraph (1) of the Civil Code with regard to that farmland, etc. in the case where that donee uses that farmland, etc. for cultivation (including the cultivation of crops deemed to fall under cultivation pursuant to the provisions of Article 43, paragraph (1) of the Cropland Act; the same applies hereinafter in this Article, except in item (i) of the following paragraph) or the raising of livestock), or has abandoned cultivation of that farmland, etc. (meaning that, with regard to farmland, a recommendation under the provisions of Article 36, paragraph (1) of the Cropland Act (or, in the case where that farmland is located outside an agricultural promotion region designated pursuant to the provisions of Article 6, paragraph (1) of the Act on Establishment of Agricultural Promotion Regions, a notice given, pursuant to the provisions of Cabinet Order, by an agricultural committee or any other person specified by Cabinet Order to the district director with jurisdiction over the location of that farmland to the effect that that farmland pertains to a survey of intention to use and falls under any of the items of Article 36, paragraph (1) of the Cropland Act; the same applies in paragraph (10), item (ii)) has been made; the same applies hereinafter in this Article), or in the case where any of those rights pertaining to that acquisition to which the provisions of the main clause of this paragraph apply has been extinguished (excluding extinguishment due to the acquisition of ownership of the farmland or pasture land pertaining to those rights) (excluding the case where a transfer by expropriation or exchange, etc. prescribed in Article 33-4, paragraph (1) or any other transfer or creation specified by Cabinet Order has been made), when the area of land pertaining to the farmland, etc. for which that transfer, gift, conversion, creation, abandonment of cultivation or extinguishment (referred to as a "transfer, etc." hereinafter through Article 70-5) has been made (or, in the case where a transfer, etc. (excluding a transfer by expropriation or exchange, etc. prescribed in Article 33-4, paragraph (1) or any other transfer or creation specified by Cabinet Order) has been made with regard to farmland, etc. to which the provisions of the main clause of this paragraph apply before the time of that transfer, etc., the area obtained by adding the area of land pertaining to that transfer, etc.) exceeds 20 percent of the area of the land used for cultivation or the raising of livestock pertaining to the farmland, etc. to which the provisions of the main clause of this paragraph apply that was held by that donee immediately before that time (including land pertaining to quasi-farmland, out of the farmland, etc. acquired by that donee by that gift, other than quasi-farmland that has been converted into farmland or pasture land) (or, in the case where a transfer, etc. has been made with regard to farmland or pasture land out of the farmland, etc. to which the provisions of the main clause of this paragraph apply before that time, the area obtained by adding the area of land pertaining to that transfer, etc.): the day on which that fact occurred;
当該贈与により取得したこの項本文の規定の適用を受ける農地等の譲渡、贈与若しくは転用(採草放牧地の農地への転用、準農地の採草放牧地又は農地への転用その他政令で定める転用を除く。)をし、当該農地等につき地上権、永小作権、使用貸借による権利若しくは賃借権の設定(当該農地等につき民法第二百六十九条の二第一項の地上権の設定があつた場合において当該受贈者が当該農地等を耕作(農地法第四十三条第一項の規定により耕作に該当するものとみなされる農作物の栽培を含む。次項第一号を除き、以下この条において同じ。)又は養畜の用に供しているときにおける当該設定を除く。)をし、若しくは当該農地等につき耕作の放棄(農地について農地法第三十六条第一項の規定による勧告(当該農地が農業振興地域の整備に関する法律第六条第一項の規定により指定された農業振興地域外に所在する場合には、農業委員会その他の政令で定める者が、政令で定めるところにより、当該農地の所在地の所轄税務署長に対し、当該農地が利用意向調査に係るものであつて農地法第三十六条第一項各号に該当する旨の通知をするときにおける当該通知。第十項第二号において同じ。)があつたことをいう。以下この条において同じ。)をし、又は当該取得に係るこの項本文の規定の適用を受けるこれらの権利の消滅(これらの権利に係る農地又は採草放牧地の所有権の取得に伴う消滅を除く。)があつた場合(第三十三条の四第一項に規定する収用交換等による譲渡その他政令で定める譲渡又は設定があつた場合を除く。)において、当該譲渡、贈与、転用、設定若しくは耕作の放棄又は消滅(以下第七十条の五までにおいて「譲渡等」という。)があつた当該農地等に係る土地の面積(当該譲渡等の時前にこの項本文の規定の適用を受ける農地等につき譲渡等(第三十三条の四第一項に規定する収用交換等による譲渡その他政令で定める譲渡又は設定を除く。)があつた場合には、当該譲渡等に係る土地の面積を加算した面積)が、当該受贈者のその時の直前におけるこの項本文の規定の適用を受ける農地等に係る耕作又は養畜の用に供する土地(当該受贈者が当該贈与により取得した農地等のうち準農地で農地又は採草放牧地への転用がされたもの以外のものに係る土地を含む。)の面積(その時前にこの項本文の規定の適用を受ける農地等のうち農地又は採草放牧地につき譲渡等があつた場合には、当該譲渡等に係る土地の面積を加算した面積)の百分の二十を超えるとき その事実が生じた日
in the case where the donee has discontinued the farm management pertaining to the farmland, etc. acquired by that gift: the day of that discontinuation;
当該贈与により取得した農地等に係る農業経営を廃止した場合 その廃止の日
in the case where the donee has ceased to fall under the category of a presumptive heir of that donor: the day on which the donee ceased to fall under that category;
当該贈与者の推定相続人に該当しないこととなつた場合 その該当しないこととなつた日
in the case where that donee intends to cease receiving the application of the provisions of this paragraph, when the donee has paid the gift tax prescribed in paragraph (35), item (i) and the interest tax prescribed in that paragraph pertaining to that gift tax and has submitted a written notification stating that fact to the district director with jurisdiction over the place for tax payment: the day on which that written notification was submitted.
In this Article through Article 70-6-5, the meanings of the terms listed in the following items are as prescribed respectively in those items:
この条から第七十条の六の五までにおいて、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
farmland: farmland prescribed in Article 2, paragraph (1) of the Cropland Act (including farmland prescribed in Article 2, paragraph (1) of that Act as applied by deeming the cultivation of crops to fall under cultivation pursuant to the provisions of Article 43, paragraph (1) of that Act, and superficies rights, farming rights, rights based on loans for use and rights of lease existing on such farmland);
農地 農地法第二条第一項に規定する農地(同法第四十三条第一項の規定により農作物の栽培を耕作に該当するものとみなして適用する同法第二条第一項に規定する農地並びにこれらの農地の上に存する地上権、永小作権、使用貸借による権利及び賃借権を含む。)をいう。
pasture land: pasture land prescribed in Article 2, paragraph (1) of the Cropland Act (including superficies rights, farming rights, rights based on loans for use and rights of lease existing on that pasture land);
採草放牧地 農地法第二条第一項に規定する採草放牧地(当該採草放牧地の上に存する地上権、永小作権、使用貸借による権利及び賃借権を含む。)をいう。
specified farmland, etc. in an urbanization promotion area: farmland or pasture land located within an urbanization promotion area prescribed in Article 7, paragraph (1) of the City Planning Act that was located, as of January 1, 1991, within any of the following areas (excluding farmland, etc. for urban farming):
the area of Tokyo (limited to the area where special wards exist);
都の区域(特別区の存する区域に限る。)
the area of a city referred to in Article 252-19, paragraph (1) of the Local Autonomy Act that is located within the National Capital Region prescribed in Article 2, paragraph (1) of the Metropolitan Area Readjustment Act, the Kinki Region prescribed in Article 2, paragraph (1) of the Kinki Area Adjustment Act or the Chubu Region prescribed in Article 2, paragraph (1) of the Chubu Area Development and Improvement Act;
首都圏整備法第二条第一項に規定する首都圏、近畿圏整備法第二条第一項に規定する近畿圏又は中部圏開発整備法第二条第一項に規定する中部圏内にある地方自治法第二百五十二条の十九第一項の市の区域
the area of a city, other than the cities prescribed in (b), whose area is wholly or partly located within a built-up urban area prescribed in Article 2, paragraph (3) of the Metropolitan Area Readjustment Act or a suburban development zone prescribed in paragraph (4) of that Article, a built-up city area prescribed in Article 2, paragraph (3) of the Kinki Area Adjustment Act or a suburban development area prescribed in paragraph (4) of that Article, or an urban development area prescribed in Article 2, paragraph (3) of the Chubu Area Development and Improvement Act.
ロに規定する市以外の市でその区域の全部又は一部が首都圏整備法第二条第三項に規定する既成市街地若しくは同条第四項に規定する近郊整備地帯、近畿圏整備法第二条第三項に規定する既成都市区域若しくは同条第四項に規定する近郊整備区域又は中部圏開発整備法第二条第三項に規定する都市整備区域内にあるものの区域
farmland, etc. for urban farming: any of the following farmland or pasture land located within an urbanization promotion area prescribed in Article 7, paragraph (1) of the City Planning Act that was located, as of January 1, 1991, within any of the areas listed in (a) through (c) of the preceding item:
farmland or pasture land located within a productive green land district listed in Article 8, paragraph (1), item (xiv) of the City Planning Act (excluding farmland or pasture land for which a request for purchase has been made under the provisions of Article 10 (including as applied with the replacement of terms pursuant to the provisions of Article 10-5 of that Act) or Article 15, paragraph (1) of the Productive Green Land Act, farmland or pasture land that was not designated as specified productive green land under Article 10-2, paragraph (1) of that Act (referred to as "specified productive green land" in (a)) by the reference date for requests prescribed in Article 10, paragraph (1) of that Act, farmland or pasture land for which the period of designation as specified productive green land was not extended by the designation deadline prescribed in Article 10-3, paragraph (2) of that Act, and farmland or pasture land whose designation has been canceled under the provisions of Article 10-6, paragraph (1) of that Act);
farmland located within a rural residential zone listed in Article 8, paragraph (1), item (i) of the City Planning Act (excluding the farmland listed in (a));
都市計画法第八条第一項第一号に掲げる田園住居地域内にある農地(イに掲げる農地を除く。)
farmland located within an area prescribed in Article 58-3, paragraph (1) of the City Planning Act that is subject to restrictions under a Prefectural or Municipal Ordinance for farmland conservation under a district plan prescribed in paragraph (2) of that Article (excluding the farmland listed in (a) and (b)).
都市計画法第五十八条の三第二項に規定する地区計画農地保全条例による制限を受ける同条第一項に規定する区域内にある農地(イ及びロに掲げる農地を除く。)
In the case where any of the following persons receives the application of the provisions of paragraph (1) with regard to farmland, etc. acquired by gift from the specified donor prescribed in Article 21-9, paragraph (5) of the Inheritance Tax Act pertaining to that person, the provisions of Chapter II, Section 3 of that Act do not apply to the farmland, etc. to which the provisions of paragraph (1) apply:
a person electing settlement taxation at inheritance prescribed in Article 21-9, paragraph (5) of the Inheritance Tax Act;
相続税法第二十一条の九第五項に規定する相続時精算課税適用者
a person who submits the written notification referred to in Article 21-9, paragraph (2) of the Inheritance Tax Act (including as applied mutatis mutandis pursuant to Article 70-3, paragraph (1)) with regard to property other than the farmland, etc. that the person received by gift from the person who made the gift of that farmland, etc. during the year that includes the day on which the person acquired by gift the farmland, etc. to which the provisions of paragraph (1) apply.
In the case where a transfer, etc. by the donee pertaining to farmland, etc. has been made with regard to the whole or part of the farmland, etc. to which the provisions of paragraph (1) apply before the day of the death of the donor pertaining to that farmland, etc. (or, in the case where any of the cases listed in the items of that paragraph has come to apply before that day, the day specified in the relevant item) (excluding the case where the donee comes to fall under the case listed in item (i) of that paragraph due to that transfer, etc.), or in the case where, on the day, before that day of death, on which 10 years have elapsed after the filing deadline for the gift tax return referred to in that paragraph, the quasi-farmland to which the provisions of that paragraph apply held by that donee (excluding quasi-farmland for which the creation of a right prescribed in that item or a conversion has been made before that day) includes quasi-farmland not used for the agriculture of that donee as farmland or pasture land (excluding quasi-farmland used for facilities specified by Cabinet Order as facilities necessary for the conservation or use of farmland or pasture land), with regard to the gift tax equivalent to the amount calculated, pursuant to the provisions of Cabinet Order, as the part corresponding to the value of the farmland, etc. for which that transfer, etc. has been made or of the quasi-farmland not used for that agriculture, out of the gift tax subject to deferral, notwithstanding the provisions of that paragraph, the deadline for the tax payment grace period under the provisions of that paragraph is the day on which two months have elapsed from the day following the day on which that transfer, etc. was made or the day on which those 10 years have elapsed (or, in the case where that donee dies after that transfer, etc. was made, or after the day on which those 10 years have elapsed, and on or before the day on which those two months have elapsed, the day on which six months have elapsed from the day following the day on which the heir of that donee learned of the commencement of the succession due to the death of that donee).
第一項の規定の適用を受ける農地等の全部又は一部につき当該農地等に係る贈与者の死亡の日(同日前に同項各号のいずれかに掲げる場合に該当することとなつた場合には、当該各号に定める日)前に当該農地等に係る受贈者による譲渡等があつた場合(当該譲渡等により同項第一号に掲げる場合に該当することとなる場合を除く。)又は当該死亡の日前における同項の贈与税の申告書の提出期限後十年を経過する日において当該受贈者が有する同項の規定の適用を受ける準農地(同日前に同号に規定する権利の設定又は転用がされたものを除く。)のうちに農地若しくは採草放牧地として当該受贈者の農業の用に供されていないもの(農地又は採草放牧地の保全又は利用上必要な施設として政令で定めるものの用に供されているものを除く。)がある場合には、納税猶予分の贈与税額のうち当該譲渡等があつた農地等又は当該農業の用に供されていない準農地の価額に対応する部分の金額として政令で定めるところにより計算した金額に相当する贈与税については、同項の規定にかかわらず、当該譲渡等があつた日又は当該十年を経過する日の翌日から二月を経過する日(当該譲渡等があつた後又は当該十年を経過する日後当該二月を経過する日以前に当該受贈者が死亡した場合には、当該受贈者の相続人が当該受贈者の死亡による相続の開始があつたことを知つた日の翌日から六月を経過する日)をもつて同項の規定による納税の猶予に係る期限とする。
In the case where the whole or part of the farmland or pasture land to which the provisions of paragraph (1) apply has come to fall under any of the cases listed in the following items before the day of the death of the donor pertaining to that farmland or pasture land (or, in the case where any of the cases listed in the items of that paragraph has come to apply before that day, the day specified in the relevant item), with regard to the gift tax equivalent to the amount calculated, pursuant to the provisions of Cabinet Order, as the part corresponding to the value of the farmland or pasture land pertaining to the request for purchase or cancellation of designation, or public notice or grounds, prescribed in those items (referred to as a "request for purchase, etc." hereinafter in this Article), out of the gift tax subject to deferral, notwithstanding the provisions of that paragraph, the deadline for the tax payment grace period under the provisions of that paragraph is the day on which two months have elapsed from the day following the day specified in the relevant item (or, in the case where that donee dies after that request for purchase, etc. has been made and on or before the day on which those two months have elapsed, the day on which six months have elapsed from the day following the day on which the heir of that donee learned of the commencement of the succession due to the death of that donee):
第一項の規定の適用を受ける農地又は採草放牧地の全部又は一部につき当該農地又は採草放牧地に係る贈与者の死亡の日(同日前に同項各号のいずれかに掲げる場合に該当することとなつた場合には、当該各号に定める日)前に次の各号に掲げる場合に該当することとなつた場合には、納税猶予分の贈与税額のうち当該各号に規定する買取りの申出若しくは指定の解除又は告示若しくは事由(以下この条において「買取りの申出等」という。)に係る農地又は採草放牧地の価額に対応する部分の金額として政令で定めるところにより計算した金額に相当する贈与税については、同項の規定にかかわらず、当該各号に定める日の翌日から二月を経過する日(当該買取りの申出等があつた後同日以前に当該受贈者が死亡した場合には、当該受贈者の相続人が当該受贈者の死亡による相続の開始があつたことを知つた日の翌日から六月を経過する日)をもつて同項の規定による納税の猶予に係る期限とする。
in the case where that farmland or pasture land is farmland, etc. for urban farming, when that farmland, etc. for urban farming has fallen under any of the following cases: the day on which that request for purchase was made or the day on which that designation was canceled;
in the case where a request for purchase has been made under the provisions of Article 10 (including as applied with the replacement of terms pursuant to the provisions of Article 10-5 of that Act) or Article 15, paragraph (1) of the Productive Green Land Act;
生産緑地法第十条(同法第十条の五の規定により読み替えて適用する場合を含む。)又は第十五条第一項の規定による買取りの申出があつた場合
in the case where the designation has been canceled under the provisions of Article 10-6, paragraph (1) of the Productive Green Land Act;
生産緑地法第十条の六第一項の規定による指定の解除があつた場合
in the case where that farmland or pasture land has come to fall under specified farmland, etc. in an urbanization promotion area due to a decision on or change of a city plan under the provisions of the City Planning Act or any grounds specified by Cabinet Order (excluding the case where it has ceased to be the farmland listed in paragraph (2), item (iv), (b) or (c) due to that change): the day on which the public notice under the provisions of Article 20, paragraph (1) of that Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (2) of that Act) was given or the day on which those grounds arose.
当該農地又は採草放牧地が都市計画法の規定に基づく都市計画の決定若しくは変更又は政令で定める事由により、特定市街化区域農地等に該当することとなつた場合(当該変更により第二項第四号ロ又はハに掲げる農地でなくなつた場合を除く。) 同法第二十条第一項(同法第二十一条第二項において準用する場合を含む。)の規定による告示があつた日又は当該事由が生じた日
In the case where a donee who receives the application of the provisions of the main clause of paragraph (1), in order to receive the special supplementary pension under the provisions of the Act on the Farmers Pension Fund, Independent Administrative Agency (Act No. 127 of 2002) (including the farm management transfer pension referred to in Article 8, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Farmers Pension Fund Act (Act No. 39 of 2001), which remains in force pursuant to the provisions of Article 6, paragraph (3) of the Supplementary Provisions of the Act on the Farmers Pension Fund, Independent Administrative Agency), has, before the day of the death of the donor pertaining to the farmland, etc. to which the provisions of paragraph (1) apply, created a right based on a loan for use with regard to that farmland, etc., pursuant to the provisions of Cabinet Order, for one person among the presumptive heirs of that donee specified by Cabinet Order, when a written notification of the fact that the donee has made that creation and that the donee satisfies the requirements specified by Cabinet Order with regard to that creation has been submitted, as specified by Order of the Ministry of Finance, to the district director with jurisdiction over the place for tax payment of that donee by the day on which two months have elapsed from the day of that creation, that creation is deemed not to have been made with regard to the application of the provisions of the proviso to that paragraph and paragraph (4) to that donee.
第一項本文の規定の適用を受ける受贈者が独立行政法人農業者年金基金法(平成十四年法律第百二十七号)の規定に基づく特例付加年金(同法附則第六条第三項の規定によりなおその効力を有するものとされる農業者年金基金法の一部を改正する法律(平成十三年法律第三十九号)附則第八条第一項の経営移譲年金を含む。)の支給を受けるため第一項の規定の適用を受ける農地等に係る贈与者の死亡の日前に当該受贈者の推定相続人で政令で定める者のうちの一人の者に対し当該農地等につき政令で定めるところにより使用貸借による権利の設定をした場合において、当該設定をしたこと及び当該受贈者が当該設定に関し政令で定める要件を満たしていることについての届出書が、財務省令で定めるところにより、当該設定の日から二月を経過する日までに当該受贈者の納税地の所轄税務署長に提出されたときは、当該受贈者に係る同項ただし書及び第四項の規定の適用については、当該設定は、なかつたものとみなす。
With regard to the application of the provisions of paragraphs (1) and (4) to a donee who has made the creation of a right based on a loan for use to which the provisions of the preceding paragraph apply, in the case where that donee has continued to have the presumptive heir use that farmland, etc. after that creation, the following provisions apply:
in the case where the presumptive heir for whom a right based on a loan for use has been created with regard to that farmland, etc. (referred to as the "grantee" in the following item) has made a transfer, etc. of that right held by the grantee, or has discontinued the farm management pertaining to the farmland, etc. for which that right has been created, that donee is deemed to have made that transfer, etc. or discontinuation;
In the case where a donee who receives the application of the provisions of the main clause of paragraph (1) has, before the day of the death of the donor pertaining to the farmland or pasture land to which the provisions of that paragraph apply, lent the whole or part of that farmland or pasture land based on the creation of a right based on a loan for use or a right of lease (referred to as a "right of lease, etc." hereinafter in this Article) under the provisions of a promotion plan for agricultural land use consolidation, etc. prescribed in Article 18, paragraph (8) of the Act on the Promotion of Farmland Intermediary Management Services, when that donee has borrowed farmland or pasture land to be used for that donee's agriculture, in substitution for the farmland or pasture land so lent that is specified by Cabinet Order (referred to as "farmland, etc. subject to the special lease provision" hereinafter in this Article), based on the creation of a right of lease, etc. under the provisions of the promotion plan for agricultural land use consolidation, etc. prescribed in that paragraph, and satisfies the requirement that the ratio of the total area of land pertaining to all of the farmland or pasture land so borrowed (referred to as "borrowed substitute farmland, etc." hereinafter in this Article) to the area of land pertaining to that farmland, etc. subject to the special lease provision is 80 percent or more and any other requirements specified by Cabinet Order, the creation of the right of lease, etc. pertaining to that farmland, etc. subject to the special lease provision is deemed not to have been made with regard to the application of the provisions of the proviso to paragraph (1) and paragraph (4) to that donee.
第一項本文の規定の適用を受ける受贈者が、同項の規定の適用を受ける農地又は採草放牧地に係る贈与者の死亡の日前に当該農地又は採草放牧地の全部又は一部を農地中間管理事業の推進に関する法律第十八条第八項に規定する農用地利用集積等促進計画の定めるところによる使用貸借による権利又は賃借権(以下この条において「賃借権等」という。)の設定に基づき貸し付けた場合において、当該受贈者が当該貸し付けた農地又は採草放牧地で政令で定めるもの(以下この条において「貸付特例適用農地等」という。)に代わるものとして当該受贈者の農業の用に供する農地又は採草放牧地を同項に規定する農用地利用集積等促進計画の定めるところによる賃借権等の設定に基づき借り受けており、かつ、当該借り受けている農地又は採草放牧地(以下この条において「借受代替農地等」という。)の全てに係る土地の面積の合計の当該貸付特例適用農地等に係る土地の面積に対する割合が百分の八十以上であることその他政令で定める要件を満たすときは、当該受贈者に係る第一項ただし書及び第四項の規定の適用については、当該貸付特例適用農地等に係る賃借権等の設定はなかつたものとみなす。
The provisions of the preceding paragraph apply only in the case where the donee prescribed in that paragraph who seeks the application of the provisions of that paragraph has submitted, pursuant to the provisions of Cabinet Order, a written notification stating that the donee seeks the application of the provisions of that paragraph and satisfies the requirements prescribed in that paragraph, matters concerning the creation of the right of lease, etc. pertaining to the farmland, etc. subject to the special lease provision, and other matters specified by Order of the Ministry of Finance to the district director with jurisdiction over the place for tax payment.
In the case where farmland, etc. subject to the special lease provision to which the provisions of paragraph (8) apply has come to fall under any of the cases listed in the following items, the provisions of the proviso to paragraph (1) and paragraph (4) apply by deeming the right of lease, etc. pertaining to that farmland, etc. subject to the special lease provision to have been created on the day on which two months have elapsed from the day specified in the relevant item:
in the case where the ratio of the total area of land pertaining to all of the borrowed substitute farmland, etc. pertaining to that farmland, etc. subject to the special lease provision (or, in the case where any of that borrowed substitute farmland, etc. is not used for the agriculture of that donee, the area excluding the area of land pertaining to the borrowed substitute farmland, etc. not used for that donee's agriculture) to the area of land pertaining to that farmland, etc. subject to the special lease provision has become less than 80 percent (excluding the case listed in the following item): the day on which that fact occurred;
in the case where cultivation of the whole or part of the borrowed substitute farmland, etc. pertaining to that farmland, etc. subject to the special lease provision has been abandoned: the day on which the recommendation under the provisions of Article 36, paragraph (1) of the Cropland Act was made with regard to that borrowed substitute farmland, etc.;
in the case where the person who has borrowed that farmland, etc. subject to the special lease provision (or, in the case where the person who borrowed it is a farmland intermediary management organization prescribed in Article 2, paragraph (4) of the Act on the Promotion of Farmland Intermediary Management Services, the person who has borrowed it from that farmland intermediary management organization) does not use the whole or part of that farmland, etc. subject to the special lease provision for that person's agriculture as farmland or pasture land (including the case where cultivation of that farmland, etc. subject to the special lease provision has been abandoned): the day on which that donee learned that the fact occurred.
In the case where farmland, etc. subject to the special lease provision to which the provisions of paragraph (8) apply has come to fall under the case listed in item (i) or item (iii) of the preceding paragraph, when the donee pertaining to that farmland, etc. subject to the special lease provision has, by the day on which two months have elapsed from the day specified in item (i) or item (iii) of that paragraph, borrowed farmland or pasture land to be used for that donee's agriculture in substitution for that farmland, etc. subject to the special lease provision (limited to land that satisfies the requirement of having been borrowed based on the creation of a right of lease, etc. under the provisions of the promotion plan for agricultural land use consolidation, etc. prescribed in paragraph (8) and any other requirements specified by Cabinet Order; referred to as "re-borrowed substitute farmland, etc." hereinafter in this Article) (limited to the case where the ratio of the area of land pertaining to that re-borrowed substitute farmland, etc. and all of the borrowed substitute farmland, etc. pertaining to that farmland, etc. subject to the special lease provision to the area of land pertaining to that farmland, etc. subject to the special lease provision becomes 80 percent or more), or when that donee has extinguished the right of lease, etc. pertaining to the whole of that farmland, etc. subject to the special lease provision by that day, the provisions of the preceding paragraph do not apply, only in the case where that donee has submitted, pursuant to the provisions of Cabinet Order, a written notification of a change to the written notification prescribed in paragraph (9) to the district director with jurisdiction over the place for tax payment. In this case, with regard to the application of the provisions of the preceding paragraph, that re-borrowed substitute farmland, etc. and that borrowed substitute farmland, etc. are deemed to be borrowed substitute farmland, etc. pertaining to the farmland, etc. subject to the special lease provision to which the provisions of paragraph (8) apply.
第八項の規定の適用を受ける貸付特例適用農地等につき、前項第一号又は第三号に掲げる場合のいずれかに該当することとなつた場合において、当該貸付特例適用農地等に係る受贈者が同項第一号若しくは第三号に定める日から二月を経過する日までに当該貸付特例適用農地等に代わるものとして当該受贈者の農業の用に供する農地若しくは採草放牧地(第八項に規定する農用地利用集積等促進計画の定めるところによる賃借権等の設定に基づき借り受けたことその他政令で定める要件を満たすものに限る。以下この条において「再借受代替農地等」という。)を借り受けたとき(当該再借受代替農地等及び当該貸付特例適用農地等に係る借受代替農地等の全てに係る土地の面積の当該貸付特例適用農地等に係る土地の面積に対する割合が百分の八十以上となる場合に限る。)又は当該受贈者が同日までに当該貸付特例適用農地等の全部に係る賃借権等を消滅させたときは、当該受贈者が、政令で定めるところにより、第九項に規定する届出書の変更の届出書を納税地の所轄税務署長に提出したときに限り、前項の規定は適用しない。この場合における同項の規定の適用については、当該再借受代替農地等及び当該借受代替農地等は、第八項の規定の適用を受ける貸付特例適用農地等に係る借受代替農地等とみなす。
A donee who has created a right of lease, etc. pertaining to farmland, etc. subject to the special lease provision to which the provisions of paragraph (8) apply must submit, pursuant to the provisions of Cabinet Order, a written notification stating matters concerning the creation of the right of lease, etc. pertaining to that farmland, etc. subject to the special lease provision and other matters specified by Order of the Ministry of Finance (referred to as a "written notification of continuation" in the following paragraph) to the district director with jurisdiction over the place for tax payment by each day on which one year has elapsed, counting from the day following the day on which the donee submitted the written notification prescribed in paragraph (9).
In the case where the written notification of continuation prescribed in the preceding paragraph has not been submitted to the district director with jurisdiction over the place for tax payment by its submission deadline, the provisions of the proviso to paragraph (1) and paragraph (4) apply by deeming the right of lease, etc. pertaining to the farmland, etc. subject to the special lease provision pertaining to that written notification of continuation to have been created on the day on which two months have elapsed from the day following that submission deadline; provided, however, that this does not apply in the case where, even if that written notification of continuation was not submitted by that submission deadline, that district director finds that there were unavoidable circumstances for its not having been submitted by that submission deadline and that written notification of continuation has been submitted to that district director pursuant to the provisions of Cabinet Order.
Beyond what is provided for in paragraph (9) through the preceding paragraph, necessary matters concerning the application of the provisions of paragraph (8) are specified by Cabinet Order.
In the case referred to in paragraph (1), item (i) or paragraph (4), with regard to the application of the provisions of paragraphs (1) and (4) when the approval of the district director with jurisdiction over the place for tax payment has been obtained, pursuant to the provisions of Cabinet Order, with regard to the expectation of acquiring, within one year from the day on which the transfer, etc. prescribed in those provisions was made, farmland or pasture land (or, in the case where that transfer, etc. is a transfer by expropriation or exchange, etc. prescribed in Article 33-4, paragraph (1) of farmland, etc. located within the areas listed in paragraph (2), item (iii), (a) through (c), farmland or pasture land, or land located within that area that is expected to come to fall under farmland or pasture land within that one year) with the whole or part of the amount of the consideration for that transfer, etc., the following provisions apply:
the transfer, etc. pertaining to that approval is deemed not to have been made;
当該承認に係る譲渡等は、なかつたものとみなす。
in the case where, on the day on which one year has elapsed from the day on which that transfer, etc. was made, the whole or part of the amount of the consideration for the transfer, etc. pertaining to that approval has not been appropriated to the acquisition of farmland or pasture land, the part specified by Cabinet Order as corresponding to the part not so appropriated, out of the farmland, etc. pertaining to that transfer, etc., is deemed to have been subject to a transfer, etc. on that day;
in the case where, by the day on which one year has elapsed from the day on which that transfer, etc. was made, the whole or part of the amount of the consideration for the transfer, etc. pertaining to that approval has been appropriated to the acquisition of farmland or pasture land, the farmland or pasture land pertaining to that acquisition is deemed to be farmland, etc. to which the provisions of paragraph (1) apply.
In the case referred to in paragraph (4), if approval has been obtained from the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, for the expectation that, within one year from the day on which the transfer, etc. prescribed in that paragraph (limited to a transfer by expropriation or exchange, etc. prescribed in Article 33-4, paragraph (1) of farmland, etc. located within the areas listed in paragraph (2), item (iii), (a) through (c), out of the farmland, etc. to which the provisions of paragraph (1) apply) took place, farmland or pasture land located within the areas listed in (a) through (c) of that item other than the farmland, etc. to which the provisions of paragraph (1) apply, or land located within those areas that is expected to come to fall under farmland or pasture land within that one year (limited to land held, on the day on which that transfer, etc. took place, by the donee to whom the provisions of the main clause of that paragraph apply, and excluding land acquired before the day on which the donee received the gift of the farmland, etc. relating to that transfer, etc.; referred to as "replacement farmland, etc." in items (ii) and (iii) and Article 70-5, paragraph (2)), whose value at the time of that transfer, etc. is equivalent to all or part of the amount of consideration for that transfer, etc., will be used for the donee's agriculture in place of the farmland, etc. relating to that transfer, etc., the following provisions apply with regard to the application of the provisions of paragraph (4).
第四項の場合において、同項に規定する譲渡等(第一項の規定の適用を受ける農地等のうち第二項第三号イからハまでに掲げる区域内に所在する農地等の第三十三条の四第一項に規定する収用交換等による譲渡に限る。)があつた日から一年以内に、第一項の規定の適用を受ける農地等以外の同号イからハまでに掲げる区域内に所在する農地若しくは採草放牧地又は当該一年以内に農地若しくは採草放牧地に該当することとなる見込みのある当該区域内に所在する土地(同項本文の規定の適用を受ける受贈者が当該譲渡等があつた日において有していたものに限り、当該譲渡等に係る農地等の贈与を受けた日前に取得したものを除く。第二号及び第三号並びに第七十条の五第二項において「代替農地等」という。)で、当該譲渡等の時におけるその価額が当該譲渡等の対価の額の全部又は一部に相当するものを当該譲渡等に係る農地等に代わるものとして当該受贈者の農業の用に供する見込みであることにつき、政令で定めるところにより、納税地の所轄税務署長の承認を受けたときにおける第四項の規定の適用については、次に定めるところによる。
the transfer, etc. relating to that approval is deemed not to have taken place;
当該承認に係る譲渡等は、なかつたものとみなす。
if, on the day on which one year has elapsed from the day on which that transfer, etc. took place, replacement farmland, etc. of a value equivalent to all or part of the amount of consideration for the transfer, etc. relating to that approval has not been made farmland or pasture land used for the donee's agriculture in place of the farmland, etc. relating to that transfer, etc., the portion specified by Cabinet Order as corresponding to the part of the farmland, etc. relating to that transfer, etc. that has not been used for that agriculture is deemed to have been subject to a transfer, etc. on that day;
if, by the day on which one year has elapsed from the day on which that transfer, etc. took place, replacement farmland, etc. of a value equivalent to all or part of the amount of consideration for the transfer, etc. relating to that approval has been made farmland or pasture land used for the donee's agriculture in place of the farmland, etc. relating to that transfer, etc., the replacement farmland, etc. used for the donee's agriculture in place of the farmland, etc. relating to that transfer, etc. is deemed to be farmland, etc. to which the provisions of paragraph (1) apply.
In the case referred to in paragraph (5), if the donee to whom the provisions of paragraph (1) apply has obtained approval from the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, for the expectation that, within one year from the day on which the request for purchase, etc. referred to in paragraph (5) took place, the donee will carry out a transfer, etc. of all or part of the farmland or pasture land relating to the farmland, etc. for urban farming or the specified farmland, etc. in an urbanization promotion area relating to that request for purchase, etc. (referred to as "specified farmland, etc." in this paragraph) and that, within one year from the day on which that transfer, etc. took place, the donee will acquire farmland or pasture land with all or part of the amount of consideration for that transfer, etc., or for the expectation that, within one year from the day on which the public notice prescribed in paragraph (5) was given or the day on which the event prescribed in that paragraph occurred, all or part of the farmland or pasture land relating to the specified farmland, etc. in an urbanization promotion area relating to that public notice or event will come to fall under farmland, etc. for urban farming, the following provisions apply with regard to the application of the provisions of paragraphs (1), (4) and (5).
第五項の場合において、第一項の規定の適用を受ける受贈者が、第五項の買取りの申出等があつた日から一年以内に当該買取りの申出等に係る都市営農農地等若しくは特定市街化区域農地等に係る農地若しくは採草放牧地(以下この項において「特定農地等」という。)の全部若しくは一部の譲渡等をする見込みであり、かつ、当該譲渡等があつた日から一年以内に当該譲渡等の対価の額の全部若しくは一部をもつて農地若しくは採草放牧地を取得する見込みであること又は第五項に規定する告示があつた日若しくは事由が生じた日から一年以内に当該告示若しくは事由に係る特定市街化区域農地等に係る農地若しくは採草放牧地の全部若しくは一部が都市営農農地等に該当することとなる見込みであることにつき、政令で定めるところにより納税地の所轄税務署長の承認を受けたときにおける第一項、第四項及び第五項の規定の適用については、次に定めるところによる。
with regard to the application of the provisions of the proviso to paragraph (1) and paragraph (4), if a transfer, etc. of all or part of the specified farmland, etc. relating to that approval has been carried out by the day on which one year has elapsed from the day on which that request for purchase, etc. took place, that transfer, etc. is deemed not to have taken place;
with regard to the application of the provisions of paragraph (5), the following provisions apply:
第五項の規定の適用については、次に定めるところによる。
the request for purchase, etc. relating to that approval is deemed not to have taken place;
当該承認に係る買取りの申出等は、なかつたものとみなす。
if, by the day on which one year has elapsed from the day on which that request for purchase, etc. took place, no transfer, etc. of all or part of the specified farmland, etc. relating to that approval has been carried out, or all or part of the farmland or pasture land relating to the specified farmland, etc. in an urbanization promotion area relating to that approval has not come to fall under farmland, etc. for urban farming, a request for purchase, etc. is deemed to have taken place on that day with regard to the specified farmland, etc. for which no transfer, etc. has been carried out, or the farmland or pasture land relating to the specified farmland, etc. in an urbanization promotion area that has not come to fall under farmland, etc. for urban farming;
if a transfer, etc. of all or part of the specified farmland, etc. relating to that approval has been carried out by the day on which one year has elapsed from the day on which that request for purchase, etc. took place, and, on the day on which one year has elapsed from the day on which that transfer, etc. took place, all or part of the amount of consideration for that transfer, etc. has not been appropriated to the acquisition of farmland or pasture land, a request for purchase, etc. is deemed to have taken place on that day with regard to the portion specified by Cabinet Order as corresponding to the part of that specified farmland, etc. for which the amount has not been so appropriated;
if a transfer, etc. of all or part of the specified farmland, etc. relating to that approval has been carried out by the day on which one year has elapsed from the day on which that request for purchase, etc. took place, and, by the day on which one year has elapsed from the day on which that transfer, etc. took place, all or part of the amount of consideration for the transfer, etc. of that specified farmland, etc. has been appropriated to the acquisition of farmland or pasture land, the farmland or pasture land relating to that acquisition is deemed to be farmland or pasture land to which the provisions of paragraph (1) apply.
In the case where the donee to whom the provisions of the main clause of paragraph (1) apply has, before the day of the death of the donor relating to the farmland, etc. to which the provisions of that paragraph apply, lent all or part of that farmland, etc. based on the creation of a superficies right, a right of lease or a right based on a loan for use (excluding the creation of a superficies right under Article 269-2, paragraph (1) of the Civil Code; referred to as the "creation of a superficies right, etc." hereinafter through paragraph (20)) for use as land temporarily used for roads, etc. (meaning land for roads, waterways, railways or other facilities that is temporarily used for a project relating to roads under the Road Act, a project relating to rivers to which the River Act applies, a project relating to facilities used by a railway business operator under the Railway Business Act (Act No. 92 of 1986) for its railway business that meets general demand, or any other project that the competent minister for the project has certified as equivalent to these projects, and that the competent minister has certified as having no substitute; the same applies hereinafter in this Article), if the donee has obtained approval from the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, for the expectation that the donee will use the farmland, etc. that had been used as that land temporarily used for roads, etc. for the donee's agriculture without delay after the arrival of the term relating to that lending (referred to as the "lease term" in this paragraph), the following provisions apply with regard to the application of the provisions of paragraphs (1) and (4).
第一項本文の規定の適用を受ける受贈者が、同項の規定の適用を受ける農地等に係る贈与者の死亡の日前に当該農地等の全部又は一部を一時的道路用地等(道路法による道路に関する事業、河川法が適用される河川に関する事業、鉄道事業法(昭和六十一年法律第九十二号)による鉄道事業者がその鉄道事業で一般の需要に応ずるものの用に供する施設に関する事業その他これらの事業に準ずる事業として当該事業に係る主務大臣が認定したもののために一時的に使用する道路、水路、鉄道その他の施設の用地で代替性のないものとして当該主務大臣が認定したものをいう。以下この条において同じ。)の用に供するために地上権、賃借権又は使用貸借による権利の設定(民法第二百六十九条の二第一項の地上権の設定を除く。以下第二十項までにおいて「地上権等の設定」という。)に基づき貸付けを行つた場合において、当該貸付けに係る期限(以下この項において「貸付期限」という。)の到来後遅滞なく当該一時的道路用地等の用に供していた農地等を当該受贈者の農業の用に供する見込みであることにつき、政令で定めるところにより、納税地の所轄税務署長の承認を受けたときにおける第一項及び第四項の規定の適用については、次に定めるところによる。
the creation of a superficies right, etc. relating to that approval is deemed not to have taken place;
当該承認に係る地上権等の設定は、なかつたものとみなす。
in the case where the donee has not used all or part of the farmland, etc. that had been used as that land temporarily used for roads, etc. for the donee's agriculture by the day on which two months have elapsed from that lease term, a creation of a superficies right, etc. is deemed to have taken place on that day with regard to the part of that farmland, etc. that the donee has not used for the donee's agriculture;
with regard to the application of the provisions of paragraph (4) in the case where all or part of the farmland, etc. used as that land temporarily used for roads, etc. includes quasi-farmland, the phrase "held by the donee on the day on which 10 years have elapsed, to which the provisions of that paragraph" in that paragraph is deemed to be replaced with "held by the donee on the day on which 10 years have elapsed (or, for quasi-farmland held by the donee in the case where that quasi-farmland is subject to the provisions of paragraph (18), that day or the day on which two months have elapsed from the lease term prescribed in that paragraph, whichever is later; the same applies hereinafter in this paragraph), to which the provisions of paragraph (1)", and the phrase "that day" is deemed to be replaced with "that day on which 10 years have elapsed".
The donee to whom the provisions of the preceding paragraph apply must, by each day on which a period of one year elapses, counting from the day following the day on which the donee obtained the approval referred to in that paragraph, submit to the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, a written notification stating matters concerning the creation of a superficies right, etc. relating to the farmland, etc. used as that land temporarily used for roads, etc. and other matters specified by Order of the Ministry of Finance (referred to as a "written notification of continued lending" in the following paragraph).
In the case where the written notification of continued lending prescribed in the preceding paragraph has not been submitted to the district director with jurisdiction over the place for tax payment by its submission deadline, the provisions of the proviso to paragraph (1) and paragraph (4) apply on the assumption that a creation of a superficies right, etc. relating to the farmland, etc. used as the land temporarily used for roads, etc. relating to that written notification of continued lending took place on the day on which two months have elapsed from the day following that submission deadline; provided, however, that this does not apply if, even in the case where that written notification of continued lending has not been submitted by that submission deadline, the district director finds that there were unavoidable circumstances for the failure to submit it within that submission deadline and that written notification of continued lending has been submitted to the district director pursuant to the provisions of Cabinet Order.
Beyond what is provided for in the preceding two paragraphs, matters concerning the application of the provisions of paragraph (5) in the case where the farmland, etc. used as land temporarily used for roads, etc. to which the provisions of paragraph (18) apply is farmland, etc. for urban farming, and other necessary matters concerning the application of the provisions of paragraph (18), are specified by Cabinet Order.
In the case where the donee to whom the provisions of the main clause of paragraph (1) apply has come to be in a state specified by Cabinet Order as a state in which it is difficult for the donee to use the farmland, etc. to which the provisions of the main clause of that paragraph apply for the donee's agriculture due to disability, illness or any other reason (limited to the case specified by Cabinet Order as a case where a specified loan prescribed in paragraph (1) of the following Article cannot be made), if the donee has lent that farmland, etc. based on the creation of a superficies right, a farming right, a right based on a loan for use or a right of lease (excluding the creation of a superficies right under Article 269-2, paragraph (1) of the Civil Code; referred to as the "creation of rights" hereinafter through the following paragraph) (that lending is referred to as a "loan due to difficulty in farming" hereinafter through paragraph (24)), then, only if the donee has submitted, within two months from the day on which the donee made that loan due to difficulty in farming, to the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, a written notification to the effect that the donee is making that loan due to difficulty in farming, with regard to the application of the provisions of the proviso to paragraph (1) and paragraph (4), the creation of rights relating to the farmland, etc. for which that loan due to difficulty in farming has been made (referred to as "farmland, etc. loaned due to difficulty in farming" in the following paragraph) is deemed not to have taken place, and the farming business is deemed not to have been discontinued.
第一項本文の規定の適用を受ける受贈者が、障害、疾病その他の事由により同項本文の規定の適用を受ける農地等について当該受贈者の農業の用に供することが困難な状態として政令で定める状態となつた場合(次条第一項に規定する特定貸付けができない場合として政令で定める場合に限る。)において、当該農地等について地上権、永小作権、使用貸借による権利又は賃借権の設定(民法第二百六十九条の二第一項の地上権の設定を除く。以下次項までにおいて「権利設定」という。)に基づく貸付け(以下第二十四項までにおいて「営農困難時貸付け」という。)を行つたときは、当該営農困難時貸付けを行つた日から二月以内に、政令で定めるところにより当該営農困難時貸付けを行つている旨の届出書を納税地の所轄税務署長に提出したときに限り、第一項ただし書及び第四項の規定の適用については、当該営農困難時貸付けを行つた農地等(次項において「営農困難時貸付農地等」という。)に係る権利設定はなかつたものと、農業経営は廃止していないものとみなす。
In the case where abandonment of cultivation, or the extinction of a superficies right, farming right, right based on a loan for use or right of lease (referred to as the "extinction of rights" hereinafter through the following paragraph), has occurred with regard to farmland, etc. loaned due to difficulty in farming to which the provisions of the preceding paragraph apply, the following items (excluding item (i) in the case where abandonment of cultivation has occurred with regard to that farmland, etc. loaned due to difficulty in farming) apply with regard to the application of the provisions of the proviso to paragraph (1) and paragraph (4) relating to that farmland, etc. loaned due to difficulty in farming (limited to the part of that farmland, etc. loaned due to difficulty in farming with regard to which the abandonment of cultivation or extinction of rights has occurred; the same applies hereinafter in this paragraph).
a creation of rights with regard to that farmland, etc. loaned due to difficulty in farming is deemed to have taken place at the time when that extinction of rights occurred;
当該権利消滅があつた時において、当該営農困難時貸付農地等についての権利設定があつたものとみなす。
in the case where a new loan due to difficulty in farming has been made with regard to that farmland, etc. loaned due to difficulty in farming, or it has been used for the agriculture of the donee to whom the provisions of the preceding paragraph apply, only if a written notification stating that a new loan due to difficulty in farming is being made or that it is being used for the donee's agriculture, and other matters specified by Order of the Ministry of Finance, has been submitted to the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, within two months from the day on which that abandonment of cultivation or extinction of rights occurred, with regard to the part of that farmland, etc. loaned due to difficulty in farming for which a new loan due to difficulty in farming has been made or which has been used for the donee's agriculture, that abandonment of cultivation, or the creation of rights referred to in the preceding item and the creation of rights relating to the new loan due to difficulty in farming, is deemed not to have taken place, and the farming business is deemed not to have been discontinued;
当該営農困難時貸付農地等について、新たな営農困難時貸付けを行つた場合又は前項の規定の適用を受ける受贈者の農業の用に供した場合において、当該耕作の放棄又は権利消滅があつた日から二月以内に、政令で定めるところにより新たな営農困難時貸付けを行つている旨又は当該受贈者の農業の用に供している旨その他の財務省令で定める事項を記載した届出書を納税地の所轄税務署長に提出したときに限り、当該営農困難時貸付農地等のうち、新たな営農困難時貸付けを行つた部分又は当該受贈者の農業の用に供した部分については、当該耕作の放棄又は前号の権利設定及び新たな営農困難時貸付けに係る権利設定はなかつたものと、農業経営は廃止していないものとみなす。
in the case where the donee to whom the provisions of the preceding paragraph apply has, pursuant to the provisions of Cabinet Order, applied to the district director with jurisdiction over the place for tax payment, within two months from the day on which that abandonment of cultivation or extinction of rights occurred, for approval of the expectation that the donee will make a new loan due to difficulty in farming by the day on which one year has elapsed from the day following the day on which that abandonment of cultivation or extinction of rights occurred (referred to as the "extended deadline" in item (v)), only if the donee has obtained the approval of that district director, with regard to the farmland, etc. loaned due to difficulty in farming relating to that approval, that abandonment of cultivation and the creation of rights referred to in item (i) are deemed not to have taken place, and the farming business is deemed not to have been discontinued;
in the case where the donee who has obtained the approval referred to in the preceding item has made a new loan due to difficulty in farming with regard to the farmland, etc. loaned due to difficulty in farming relating to that approval, or has used it for the donee's agriculture, the donee must submit to the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, within two months from the day on which the donee came to fall under either of these cases, a written notification stating that a new loan due to difficulty in farming is being made or that it is being used for the donee's agriculture, and other matters specified by Order of the Ministry of Finance. In this case, with regard to the part of that farmland, etc. loaned due to difficulty in farming for which a new loan due to difficulty in farming has been made, the creation of rights relating to the new loan due to difficulty in farming is deemed not to have taken place, and the farming business is deemed not to have been discontinued;
前号の承認を受けた受贈者が、当該承認に係る営農困難時貸付農地等について、新たな営農困難時貸付けを行つた場合又は当該受贈者の農業の用に供した場合において、これらの場合に該当することとなつた日から二月以内に、政令で定めるところにより新たな営農困難時貸付けを行つている旨又は当該受贈者の農業の用に供している旨その他の財務省令で定める事項を記載した届出書を納税地の所轄税務署長に提出しなければならない。この場合において、当該営農困難時貸付農地等のうち、新たな営農困難時貸付けを行つた部分については、新たな営農困難時貸付けに係る権利設定はなかつたものと、農業経営は廃止していないものとみなす。
a creation of rights is deemed to have taken place, for the part of the farmland, etc. loaned due to difficulty in farming relating to the approval referred to in item (iii) other than the part relating to the written notification under the provisions of the preceding item, on the extended deadline relating to the approval referred to in item (iii), and, for the part used for the donee's agriculture in the case where it was used for the donee's agriculture before the extended deadline (limited to the case where the written notification referred to in the preceding item was not submitted), on the day on which it was used for the donee's agriculture, respectively.
Even in the case where the written notification referred to in paragraph (22) has not been submitted within two months from the day on which the loan due to difficulty in farming referred to in that paragraph was made, the case where the written notification referred to in item (ii) of the preceding paragraph or the documents relating to the application for approval referred to in item (iii) of that paragraph have not been submitted within two months from the day on which the abandonment of cultivation or extinction of rights referred to in that paragraph occurred, or the case where the written notification referred to in item (iv) of that paragraph has not been submitted within two months from the day on which the donee came to fall under either of the cases referred to in that item, if the district director prescribed in those provisions finds that there were unavoidable circumstances for the failure to submit them within those time limits and those documents have been submitted to that district director pursuant to the provisions of Cabinet Order, those documents are deemed to have been submitted within those time limits.
The submission of the written notification referred to in paragraph (27) relating to a donee to whom the provisions of paragraph (22) apply and other necessary matters concerning the application of the provisions of the preceding three paragraphs are specified by Cabinet Order.
The provisions of paragraph (1) do not apply in the case where a document stating that the donee seeks the application of the provisions of that paragraph, details of that farmland, etc., details concerning the calculation of the gift tax subject to deferral, and other matters specified by Order of the Ministry of Finance is not attached to the gift tax return for the year that includes the day on which the donee seeking the application of the provisions of that paragraph received the gift of the farmland, etc. prescribed in that paragraph.
The donee to whom the provisions of paragraph (1) apply must, until the deadline of the tax payment grace period under the provisions of that paragraph, paragraph (5), paragraph (30) or paragraph (31) is fixed for all of the gift tax prescribed in paragraph (1), submit to the district director with jurisdiction over the place for tax payment, pursuant to the provisions of Cabinet Order, by each day on which a period of three years elapses, counting from the day following the due date for filing the gift tax return referred to in paragraph (1), a written notification stating that the donee wishes to continue to receive the application of the provisions of that paragraph and matters concerning the farming business relating to the farmland, etc. to which the provisions of that paragraph apply.
Even in the case where the written notification referred to in the preceding paragraph has not been submitted by the time limit prescribed in that paragraph, if the district director referred to in that paragraph finds that there were unavoidable circumstances for the failure to submit it within that time limit and that written notification has been submitted to that district director pursuant to the provisions of Cabinet Order, that written notification is deemed to have been submitted within that time limit with regard to the application of the provisions of paragraph (30).
With regard to the prescription of the national government's right to collect the gift tax prescribed in paragraph (1) (excluding, in the case where the provisions of paragraph (4) or (5) have already been applied, the gift tax equivalent to the amount calculated pursuant to the provisions of Cabinet Order as the amount corresponding to the value of the farmland, etc. to which those provisions have been applied; the same applies in the following paragraph, paragraph (34) and paragraph (35), item (i)) and the interest tax and delinquent tax relating to that gift tax, except in the case where the provisions of Article 73, paragraph (4) of the Act on General Rules for National Taxes as applied by replacing terms pursuant to paragraph (32), item (iii) apply, the prescription is not completed during the period from the time of submission of the written notification referred to in paragraph (27) until the submission deadline of that written notification, and is to begin to run anew from the day following that submission deadline.
In the case where the written notification referred to in paragraph (27) is not submitted by the time limit prescribed in that paragraph, notwithstanding the provisions of paragraph (1), the deadline of the tax payment grace period under the provisions of that paragraph for the gift tax prescribed in that paragraph is the day on which two months have elapsed from the day following that time limit (or, in the case where the donee relating to that gift tax has died after that time limit and on or before that day, the day on which six months have elapsed from the day following the day on which the heir of the donee came to know of the commencement of the succession due to the death of the donee).
In the case referred to in paragraph (1), if the donee does not comply with an order under the provisions of Article 51, paragraph (1) of the Act on General Rules for National Taxes with regard to the security prescribed in paragraph (1), the district director may accelerate the deadline of the tax payment grace period under the provisions of paragraph (1) relating to the gift tax prescribed in paragraph (1) (excluding, in the case where the provisions of paragraph (4) or (5) have already been applied, the gift tax for which the deadline of the tax payment grace period under those provisions has arrived). In this case, the provisions of Article 49, paragraphs (2) and (3) of that Act apply mutatis mutandis.
第一項の場合において、受贈者が同項に規定する担保について国税通則法第五十一条第一項の規定による命令に応じないときは、税務署長は、第一項に規定する贈与税(既に第四項又は第五項の規定の適用があつた場合には、これらの規定による納税の猶予に係る期限が到来しているものを除く。)に係る第一項の規定による納税の猶予に係る期限を繰り上げることができる。この場合においては、同法第四十九条第二項及び第三項の規定を準用する。
With regard to the application of the provisions of the Act on General Rules for National Taxes and the National Tax Collection Act in the case where a tax payment grace period has been granted under the provisions of paragraph (1), the following provisions apply.
the deadline of the tax payment grace period under the provisions of paragraph (1) (including that deadline under the provisions of paragraph (4), paragraph (5) or the preceding two paragraphs) is to be included in the deadline for deferred payment under the provisions of the Inheritance Tax Act when the provisions concerning the statutory due date for payment or the due date for payment in the Act on General Rules for National Taxes and the National Tax Collection Act are applied;
with regard to delinquent tax on gift tax in the case where the provisions of paragraph (1) have been applied, the amount of that gift tax is divided into the gift tax subject to deferral and the remainder, that gift tax subject to deferral is further divided according to each different deadline of the tax payment grace period prescribed in the preceding item, and the provisions concerning delinquent tax in the Act on General Rules for National Taxes apply to each of those tax amounts;
第一項の規定の適用があつた場合における贈与税に係る延滞税については、その贈与税の額のうち納税猶予分の贈与税額とその他のものとに区分し、更に当該納税猶予分の贈与税額を前号に規定する納税の猶予に係る期限が異なるものごとに区分して、それぞれの税額ごとに国税通則法の延滞税に関する規定を適用する。
with regard to gift tax for which a tax payment grace period has been granted under the provisions of paragraph (1), the phrase "deferred payment" in Article 64, paragraph (1) and Article 73, paragraph (4) of the Act on General Rules for National Taxes is deemed to be replaced with "deferred payment (including a tax payment grace period under the provisions of Article 70-4, paragraph (1) of the Act on Special Measures Concerning Taxation)".
第一項の規定による納税の猶予を受けた贈与税については、国税通則法第六十四条第一項及び第七十三条第四項中「延納」とあるのは、「延納(租税特別措置法第七十条の四第一項の規定による納税の猶予を含む。)」とする。
The provisions of Article 38, paragraph (3) of the Inheritance Tax Act do not apply to gift tax that falls under the provisions of the proviso to paragraph (1), paragraph (4), paragraph (5) (limited to the part relating to item (i), (a)), paragraph (30) or paragraph (31).
In the case referred to in paragraph (1), when the donor has died, or when the donee has died at or before the time of the death of the donor (excluding the case where the provisions of the proviso to that paragraph or paragraph (30) have been applied before the day on which the donor died or the day on which the donee died, and the case where the deadline of the tax payment grace period has been accelerated under the provisions of paragraph (31) before those days), the gift tax prescribed in paragraph (1) is exempted pursuant to the provisions of Cabinet Order.
In the case where a donee who has received the application of the provisions of paragraph (1) falls under any of the cases listed in the following items, the donee must pay, together with the gift tax prescribed in the relevant item, interest tax equivalent to the amount calculated by multiplying the amount equivalent to the gift tax prescribed in that item, as the base, by a rate of 3.6 percent per annum according to the period from the day following the due date for filing the gift tax return relating to that gift tax until the deadline of the tax payment grace period specified in that item:
in the case where the provisions of the proviso to paragraph (1) have been applied (excluding the case falling under the case listed in item (v)): the deadline of the tax payment grace period under the provisions of the proviso to that paragraph relating to the gift tax prescribed in that paragraph;
in the case where the provisions of paragraph (4) have been applied (excluding the case falling under the case listed in item (v)): the deadline of the tax payment grace period under the provisions of that paragraph relating to gift tax equivalent to the amount calculated pursuant to the provisions of Cabinet Order prescribed in that paragraph;
in the case where the provisions of paragraph (5) have been applied (excluding the case falling under the case listed in item (v)): the deadline of the tax payment grace period under the provisions of that paragraph relating to gift tax equivalent to the amount calculated pursuant to the provisions of Cabinet Order prescribed in that paragraph;
in the case where the provisions of paragraph (30) have been applied (excluding the case falling under the case listed in the following item): the deadline of the tax payment grace period under the provisions of that paragraph relating to the gift tax prescribed in that paragraph;
in the case where the provisions of paragraph (31) have been applied: the deadline of the tax payment grace period under the provisions of that paragraph relating to the gift tax prescribed in that paragraph.
In the case where the Minister of Agriculture, Forestry and Fisheries, or a prefectural governor, mayor of a municipality or agricultural committee, has come to know that a transfer of ownership of farmland, etc. to which the provisions of paragraph (1) apply, the creation, transfer or extinction of a right for the purpose of its use and profit, its conversion (excluding conversion of pasture land into farmland and conversion of quasi-farmland into pasture land or farmland), abandonment of its cultivation or a request for purchase, etc. has taken place, as a result of having given permission, mediation or notice, accepted a notification or taken any other action based on the provisions of laws and regulations with regard to that transfer of ownership, creation, transfer or extinction of a right for the purpose of use and profit, conversion, abandonment of cultivation or request for purchase, etc., the Minister, governor, mayor or committee must, without delay and pursuant to the provisions of Order of the Ministry of Finance, notify the Commissioner of the National Tax Agency or the district director with jurisdiction over the location of that farmland, etc. that these facts have occurred with regard to that farmland, etc.
農林水産大臣又は都道府県知事、市町村長若しくは農業委員会は、第一項の規定の適用を受ける農地等について、その所有権の移転、その使用及び収益を目的とする権利の設定、移転若しくは消滅、その転用(採草放牧地の農地への転用及び準農地の採草放牧地又は農地への転用を除く。)、その耕作の放棄又は買取りの申出等に関し、法令の規定に基づき許可、あつせん、通知、届出の受理その他の行為をしたことにより当該所有権の移転、当該使用及び収益を目的とする権利の設定、移転若しくは消滅、当該転用、当該耕作の放棄又は当該買取りの申出等があつたことを知つた場合には、遅滞なく、財務省令で定めるところにより、当該農地等についてこれらの事実が生じた旨を、国税庁長官又は当該農地等の所在地の所轄税務署長に通知しなければならない。
An agricultural committee (or, in a municipality that does not establish an agricultural committee pursuant to the provisions of the proviso to Article 3, paragraph (1) or paragraph (5) of the Act on Agricultural Commission, etc. (Act No. 88 of 1951), the mayor of the municipality) must, pursuant to the provisions of Order of the Ministry of Finance, notify the district director with jurisdiction over the location of the quasi-farmland to which the provisions of paragraph (1) have been applied and which is held by the donee to whom the provisions of paragraph (1) apply on the day on which 10 years have elapsed as prescribed in paragraph (4), of the form of use and other current state of that quasi-farmland as of that day, by the day on which one month has elapsed from that day.
If the district director finds it necessary in relation to the affairs of notification under the provisions of the preceding two paragraphs, the district director may notify the Minister of Agriculture, Forestry and Fisheries, or the prefectural governor, mayor of the municipality or agricultural committee, prescribed in those provisions, of matters concerning the donee to whom the provisions of paragraph (1) apply and the farmland, etc. to which the provisions of that paragraph apply, and other matters specified by Order of the Ministry of Finance.
Necessary matters concerning the application of the provisions of paragraphs (1) through (7) in the case where a donee to whom the provisions of paragraph (1) apply and who has received the application of the provisions of paragraph (6) has, after creating a right based on a loan for use with regard to the farmland, etc. referred to in that paragraph, continued to have the presumptive heir of the donee use that farmland, etc., and in other cases, are specified by Cabinet Order.