Supplementary Provisions, Article 28Transitional Measures Concerning Nontaxability of Interest Income from Small Deposits and Related Income
第二十八条(少額預金の利子所得等の非課税に関する経過措置)
The provisions of Article 10 of the new Income Tax Act apply to Deposits and Savings, Jointly Managed Trusts, or Securities prescribed in Article 10, paragraph (1) of the new Income Tax Act for which a deposit, placement into trust, or purchase (hereinafter referred to as "placement" in this Article) is made on or after January 1, 1986.
新所得税法第十条の規定は、昭和六十一年一月一日以後に預入、信託又は購入(以下この条において「預入等」という。)をする新所得税法第十条第一項に規定する預貯金、合同運用信託又は有価証券について適用する。
The provisions then in force continue to govern the interest on, or distributions of proceeds from, Deposits and Savings, Jointly Managed Trusts, or Securities prescribed in Article 10, paragraph (1) of the former Income Tax Act (meaning the Income Tax Act prior to amendment by the 1980 Amendment Act; the same applies hereinafter in this Article) which is to remain in force pursuant to Article 4, paragraph (2) of the Supplementary Provisions of the Act Partially Amending the Income Tax Act (Act No. 8 of 1980; hereinafter referred to as the "1980 Amendment Act" in this paragraph and the following paragraph) prior to amendment by the provisions of Article 34 of the Supplementary Provisions, that an individual domiciled in the area where the Income Tax Act is in force is to be paid on or before December 31, 1985.
If an individual prescribed in the preceding paragraph holds Deposits and Savings, Jointly Managed Trusts, or Securities prescribed in the preceding paragraph for which the individual made the placement on or before December 31, 1985 and which, as of that date, satisfy the requirements prescribed in Article 10 of the former Income Tax Act which is to remain in force pursuant to Article 4, paragraph (2) of the Supplementary Provisions of the 1980 Amendment Act prior to amendment by the provisions of Article 34 of the Supplementary Provisions (hereinafter referred to as "former Deposits and Savings" in this Article), the provisions of Article 10 of the new Income Tax Act apply to those former Deposits and Savings by deeming the individual to have made the placement on January 1, 1986 in accordance with the requirements of that Article.
A former statement of tax-exempt savings that a person holding former Deposits and Savings on January 1, 1986 submitted before that date via the business office of the financial institution or other such place prescribed in Article 10, paragraph (1) of the former Income Tax Act that accepts those former Deposits and Savings (meaning a statement of tax-exempt savings prescribed in paragraph (3) of that Article that pertains to those former Deposits and Savings; the same applies hereinafter in this Article) is deemed, as of that date, to be a statement of tax-exempt savings prescribed in Article 10, paragraph (3) of the new Income Tax Act that has been submitted via the business office of the financial institution or other such place prescribed in paragraph (1) of that Article in accordance with the requirements of that Article.
If an individual to whom the provisions of the preceding paragraph apply makes, on or after January 1, 1986, at the business office of the financial institution or other such place prescribed in Article 10, paragraph (1) of the new Income Tax Act via which the individual submitted the former statement of tax-exempt savings deemed under the preceding paragraph to be a statement of tax-exempt savings under paragraph (3) of that Article, a placement of Deposits and Savings, Jointly Managed Trusts, or Securities prescribed in paragraph (1) of that Article to which the individual seeks to apply the provisions of that paragraph (excluding where the individual has already submitted a statement of tax-exempt savings under paragraph (3) of that Article pursuant to this paragraph with respect to that former statement of tax-exempt savings, and other cases specified by Cabinet Order), the individual must newly submit a statement of tax-exempt savings under paragraph (3) of that Article, as provided in that paragraph and paragraph (5) of that Article, by the day on which the individual makes that placement. In this case, the maximum limitation set forth in paragraph (3), item (iii) of that Article that is to be stated in that statement of tax-exempt savings must be the amount equivalent to that maximum limitation in the former statement of tax-exempt savings, and if that statement of tax-exempt savings is not submitted by the day on which that placement is made, the former statement of tax-exempt savings deemed under the preceding paragraph to be a statement of tax-exempt savings under paragraph (3) of that Article is to cease to be effective on and after the day on which that placement is made.
前項の規定の適用を受ける個人が、昭和六十一年一月一日以後に同項の規定により新所得税法第十条第三項の非課税貯蓄申告書とみなされた旧非課税貯蓄申告書の提出の際に経由した同条第一項に規定する金融機関の営業所等において同項の規定の適用を受けようとする同項に規定する預貯金、合同運用信託又は有価証券の預入等をする場合(当該旧非課税貯蓄申告書につき既にこの項の規定により同条第三項の非課税貯蓄申告書を提出している場合その他の政令で定める場合を除く。)には、その預入等をする日までに、新たに同条第三項の非課税貯蓄申告書を同項及び同条第五項に定めるところにより提出しなければならない。この場合において、当該非課税貯蓄申告書に記載する同条第三項第三号に掲げる最高限度額は、旧非課税貯蓄申告書の当該最高限度額に相当する金額としなければならないものとし、当該非課税貯蓄申告書が当該預入等をする日までに提出されないときは、前項の規定により同条第三項の非課税貯蓄申告書とみなされた旧非課税貯蓄申告書は当該預入等をする日以後その効力を失うものとする。
A former statement of tax-exempt savings submitted on or before December 31, 1985 is to cease to be effective on that date, except for one deemed under paragraph (4) to be a statement of tax-exempt savings prescribed in Article 10, paragraph (3) of the new Income Tax Act.
昭和六十年十二月三十一日以前に提出された旧非課税貯蓄申告書は、第四項の規定により新所得税法第十条第三項に規定する非課税貯蓄申告書とみなされるものを除き、同日においてその効力を失うものとする。
Beyond what is provided for in paragraph (3) through the preceding paragraph, matters necessary for the application of the provisions of Article 10 of the new Income Tax Act to former Deposits and Savings are specified by Cabinet Order.