Article 70-7-13Tax Credit for Inheritance Tax on Equity Interests in Medical Care Corporations
第七十条の七の十三(医療法人の持分についての相続税の税額控除)
In the case where an individual (referred to as the "heir, etc." hereinafter in this Article) has acquired, by inheritance or bequest, an equity interest in a transitional medical corporation prescribed in paragraph (2) of the preceding Article (referred to as a "transitional medical corporation" hereinafter in this paragraph and paragraph (3)) from another individual who held an equity interest in that transitional medical corporation (referred to as the "decedent" in paragraph (4)), if that transitional medical corporation is a certified medical care corporation (including a transitional medical corporation that has received certification by the Minister of Health, Labour and Welfare by the filing deadline for the inheritance tax return relating to that inheritance or December 31, 2029, whichever is earlier) at the time of the commencement of the succession, and the heir, etc. who acquired that equity interest has, during the period from the time of the commencement of the succession to the filing deadline for the inheritance tax return relating to that inheritance, waived, pursuant to the provisions of Order of the Ministry of Finance, all or part of the equity interest held by the heir, etc. in that transitional medical corporation that has received certification by the Minister of Health, Labour and Welfare, then, for that heir, etc., the remaining amount after deducting the waiver-equivalent inheritance tax amount from the amount calculated under the provisions of Articles 15 through 20-2 and Article 21-15, paragraph (3) of the Inheritance Tax Act is the amount of inheritance tax to be paid by the heir, etc.
個人(以下この条において「相続人等」という。)が前条第二項に規定する経過措置医療法人(以下この項及び第三項において「経過措置医療法人」という。)の持分を有していた他の個人(第四項において「被相続人」という。)から相続又は遺贈により当該経過措置医療法人の持分を取得した場合において、当該経過措置医療法人が当該相続の開始の時において認定医療法人(当該相続に係る相続税の申告書の提出期限又は令和十一年十二月三十一日のいずれか早い日までに厚生労働大臣認定を受けた経過措置医療法人を含む。)であり、かつ、当該持分を取得した相続人等が当該相続の開始の時から当該相続に係る相続税の申告書の提出期限までの間にその有する当該経過措置医療法人で厚生労働大臣認定を受けたものの持分の全部又は一部を財務省令で定めるところにより放棄したときは、当該相続人等については、相続税法第十五条から第二十条の二まで及び第二十一条の十五第三項の規定により計算した金額から放棄相当相続税額を控除した残額をもつて、その納付すべき相続税額とする。
The waiver-equivalent inheritance tax amount prescribed in the preceding paragraph means the amount calculated pursuant to the provisions of Cabinet Order as the amount corresponding to the part waived by the heir, etc. referred to in that paragraph, out of the amount calculated pursuant to the provisions of Cabinet Order by deeming the value of the equity interest in the certified medical care corporation to which the provisions of that paragraph apply to be the taxable value of inheritance tax for that heir, etc.
In the case where the heir, etc. seeking the application of the provisions of paragraph (1) has, during the period from the time of the commencement of the succession referred to in that paragraph to the filing deadline for the inheritance tax return relating to that inheritance, received a refund according to the amount of capital contribution based on the equity interest in the transitional medical corporation referred to in that paragraph or made a transfer of that equity interest, the provisions of that paragraph do not apply.
The provisions of paragraph (1) do not apply in the case where the inheritance tax return relating to the equity interest referred to in that paragraph that the heir, etc. seeking the application of the provisions of that paragraph acquired by inheritance or bequest from the decedent does not contain a statement that the application of the provisions of that paragraph is sought for that equity interest, or in the case where details of that equity interest, details concerning the calculation of the waiver-equivalent inheritance tax amount referred to in that paragraph, and other documents specified by Order of the Ministry of Finance are not attached to that return.
Beyond what is prescribed in the preceding two paragraphs, Cabinet Order provides for the necessary particulars concerning the application of the provisions of paragraph (1).