Supplementary Provisions

This Act comes into effect on April 1, 2008; provided, however, that the provisions set forth in the following items come into effect on the dates specified respectively in those items:

With regard to domestic source income as set forth in Article 161, items (i)-2 through (vii) or items (ix) through (xii) of the Income Tax Act as amended by the provisions of Article 1 (hereinafter referred to as the "new Income Tax Act" up to Article 8 and in Articles 114 and 116 of the Supplementary Provisions) which is to be paid by November 30, 2013 to a Foreign Corporation that, at the time the amending provisions set forth in item (v), (a) of the preceding Article come into effect, has been designated under Appended Table I, item (ii) of the Income Tax Act prior to amendment by the provisions of Article 1 (hereinafter referred to as the "former Income Tax Act" up to Article 8 and in Articles 114 and 116 of the Supplementary Provisions), Article 11 of the Former Income Tax Act remains in force.

Article 57-4, paragraph (3), item (iii) of the new Income Tax Act applies to a resolution to acquire specified in that item which is adopted on or after the date on which this Act comes into effect (hereinafter referred to as "the Effective Date"), and the provisions then in force continue to govern a resolution to acquire specified in Article 57-4, paragraph (3), item (iii) of the former Income Tax Act which was adopted before the Effective Date.

①Article 66 of the new Income Tax Act applies to construction work prescribed in paragraph (1) of that Article (other than transitional construction work) which an individual begins on or after January 1, 2009, and the provisions then in force continue to govern construction work prescribed in Article 66, paragraph (1) of the former Income Tax Act (including transitional construction work) which an individual began before that date.

②The term "transitional construction work" as used in the preceding paragraph means, in the case where an individual, in 2009, does not account, based on the construction progress criteria that Cabinet Order prescribes as referred to in Article 66, paragraph (2) of the new Income Tax Act, for any construction work that the individual is contracted for (meaning construction work as prescribed in Article 66, paragraph (1) of the new Income Tax Act) and begins during that year (other than construction work whose object is delivered during that year; hereinafter referred to as "work begun" in this paragraph) that falls under the category of long-term large-scale construction as prescribed in paragraph (1) of that Article as of December 31 of that year (or as of the time of death, if the individual dies partway through the year) (other than work begun that falls under the category of long-term large-scale construction as prescribed in Article 66, paragraph (1) of the former Income Tax Act as of that day (or as of the time of death, if the individual dies partway through the year) and work begun that Cabinet Order specifies as having a low rate of progress), that work begun.

Article 161, item (iv), (b) of the new Income Tax Act applies to interest on bonds that a Foreign Corporation issues on or after the Effective Date.

①Article 224-5 of the new Income Tax Act applies to the payment of the difference or other settlement as prescribed in paragraph (2) of that Article of a futures contract as prescribed in that paragraph (referred to as "Paying the Difference or Otherwise Settling a Futures Contract" in the following Article) which is effected on or after January 1, 2009.

②A notice, presentation, or confirmation as referred to in Article 41-14, paragraph (3) of the Act on Special Measures Concerning Taxation which was given or made pursuant to that paragraph before January 1, 2009 is deemed to be a notice, presentation, or confirmation as referred to in Article 224-5, paragraph (1) of the new Income Tax Act given or made pursuant to that paragraph.

Article 225, paragraph (1) of the new Income Tax Act (limited to the part concerning item (xiii)) applies to Paying the Difference or Otherwise Settling a Futures Contract that is effected on or after January 1, 2009.

①Of the incorporated associations or incorporated foundations set forth in the table in Appended Table I, item (i) of the former Income Tax Act which continue to exist as general incorporated associations or general incorporated foundations pursuant to Article 40, paragraph (1) of the Act on the Arrangement of Related Acts upon the Enforcement of the Act on General Incorporated Associations and General Incorporated Foundations and the Act on Authorization of Public Interest Incorporated Associations and Public Interest Incorporated Foundations (Act No. 50 of 2006; referred to as the "Arrangement Act" in the following paragraph) (referred to as an "incorporated association or foundation under the transitional rule" in the following paragraph), those that have not completed the registration under Article 106, paragraph (1) of that Act (including as applied mutatis mutandis pursuant to Article 121, paragraph (1) of that Act following the deemed replacement of terms) (other than those whose authorization under Article 45 of that Act has been rescinded pursuant to Article 131, paragraph (1) of that Act) are deemed to be Domestic Corporations set forth in Appended Table I of the new Income Tax Act, and the provisions of the new Income Tax Act and of other laws and regulations concerning income tax apply to them.

②Of the incorporated associations or foundations under the transitional rule that have completed the registration under Article 106, paragraph (1) of the Arrangement Act as applied mutatis mutandis pursuant to Article 121, paragraph (1) of the Arrangement Act following the deemed replacement of terms, a corporation that conducts a retirement allowance mutual aid business and that is specified by Cabinet Order is deemed to be a Domestic Corporation set forth in Appended Table I of the new Income Tax Act, and the provisions of the new Income Tax Act and of other laws and regulations concerning income tax apply to it.

The provisions then in force continue to govern the application of penal provisions to conduct engaged in before this Act (or, for the provisions set forth in the items of Article 1 of the Supplementary Provisions, those provisions; the same applies hereinafter in this Article) comes into effect and to conduct engaged in after this Act comes into effect in the cases in which prior laws are to continue to govern pursuant to the provisions of these Supplementary Provisions.

Necessary particulars concerning the application of the provisions of each Act as amended by this Act in the case where the date of promulgation of this Act falls after April 1, 2008 (including the deemed replacement of terms in the provisions of these Supplementary Provisions), and other transitional measures necessary for the smooth enforcement of this Act, are specified by Cabinet Order.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.