Supplementary Provisions, Article 6Transitional Measures Concerning Deduction for Widows (Widowers)
第六条(寡婦(寡夫)控除に関する経過措置)
With regard to persons who died before the Effective Date, persons who filed a Tax Return under the provisions of Article 127 of the Income Tax Act for income tax for tax year 2020 before the Effective Date, and persons who received a determination prescribed in Article 2, paragraph (1), item (xliv) of that Act for income tax for that tax year before the Effective Date (limited to those of these persons who, as a widow prescribed in Article 2, paragraph (1), item (xxx) of the Income Tax Act prior to the amendment by Article 1 (hereinafter referred to as "the Former Income Tax Act" in the provisions up to Article 9 of the Supplementary Provisions) or a widower prescribed in item (xxxi) of that paragraph (referred to as a "widower" in Article 8 of the Supplementary Provisions), are persons to whom the provisions of Article 81 of the Former Income Tax Act (including as applied pursuant to the provisions of Article 41-17, paragraph (1) of the Act on Special Measures Concerning Taxation prior to the amendment by Article 15; hereinafter the same applies in this Article) apply, and who no longer fall under the category of a widow prescribed in Article 2, paragraph (1), item (xxx) of the New Income Tax Act (referred to as a "widow under the New Income Tax Act" in Articles 8 and 9 of the Supplementary Provisions) or a single parent prescribed in item (xxxi) of that paragraph (referred to as a "single parent" in Articles 8 and 9 of the Supplementary Provisions)), the provisions then in force continue to govern the application of the provisions of Article 81 of the Former Income Tax Act.
施行日前に死亡した者、施行日前に令和二年分の所得税につき所得税法第百二十七条の規定による確定申告書を提出した者及び施行日前に同年分の所得税につき同法第二条第一項第四十四号に規定する決定を受けた者(これらの者のうち第一条の規定による改正前の所得税法(以下附則第九条までにおいて「旧所得税法」という。)第二条第一項第三十号に規定する寡婦又は同項第三十一号に規定する寡夫(附則第八条において「寡夫」という。)であるものとして旧所得税法第八十一条(第十五条の規定による改正前の租税特別措置法第四十一条の十七第一項の規定により適用する場合を含む。以下この条において同じ。)の規定の適用がある者であって、新所得税法第二条第一項第三十号に規定する寡婦(附則第八条及び第九条において「新所得税法の寡婦」という。)又は同項第三十一号に規定するひとり親(附則第八条及び第九条において「ひとり親」という。)に該当しないこととなるものに限る。)についての旧所得税法第八十一条の規定の適用については、なお従前の例による。
widowmachine translation
「寡婦」
A person who is not a single parent (ひとり親) and who either has not remarried after divorcing her husband, supports a dependant, has total income of 5 million yen or less and has no partner in a relationship equivalent to marriage, or has not remarried after her husband's death (or whose husband is missing, as a Cabinet Order (政令) specifies) and meets the same income and partner conditions.
Defined inArticle 2, paragraph (1), item (xxx)· applies throughout the law
single parentmachine translation
「ひとり親」
A person who is not currently married, or whose spouse is missing and not known to be alive (as a Cabinet Order (政令) specifies), who has a child of the kind the Cabinet Order sets sharing the same household budget, has total income of 5 million yen or less, and has no partner in a relationship equivalent to marriage.
Defined inArticle 2, paragraph (1), item (xxxi)· applies throughout the law
Tax Return
「確定申告書」
A final tax return filed under Part II, Chapter V, Section 2, Subsections 1 and 2 of this Act (including by nonresidents under Article 166), including one filed after the deadline.
Defined inArticle 2, paragraph (1), item (xxxvii)· applies throughout the law
determinationmachine translation
「決定」
A determination of tax under Article 25 of the Act on General Rules for National Taxes, by which the district tax office director (税務署長) fixes the tax base and tax of someone who should have filed a return and did not; in the Articles this definition lists, the word is used in another sense.
Defined inArticle 2, paragraph (1), item (xliv)· applies throughout the law, except in Articles 19, 44-2, 52, 57-4, 151-4, 159, 160 and 228-2
the New Income Tax Actmachine translation
「新所得税法」
This Act as amended by Article 1 of Act No. 8 of 2020.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Articles 2 to 12
the Effective Datemachine translation
「施行日」
The date Act No. 8 of 2020, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
single parentmachine translation
「ひとり親」
A person who is not currently married, or whose spouse is missing and not known to be alive (as a Cabinet Order (政令) specifies), who has a child of the kind the Cabinet Order sets sharing the same household budget, has total income of 5 million yen or less, and has no partner in a relationship equivalent to marriage.
Short name set inSupplementary Provisions, Article 6, paragraph (1)· applies only in this provision and in Supplementary Provisions, Articles 8 and 9
widowermachine translation
「寡夫」
A widower as Article 2, paragraph (1), item (xxxi) of this Act defined him before the 2020 amending law (Act No. 8 of 2020) put single parents (ひとり親) in that item instead; the old deduction in Article 81 goes on applying to some of the men who lose it.
Short name set inSupplementary Provisions, Article 6, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 8
widow under the new Income Tax Actmachine translation
「新所得税法の寡婦」
A widow as defined in Article 2, paragraph (1), item (xxx) of the Income Tax Act as amended by the 2020 amending law (Act No. 8 of 2020).
Short name set inSupplementary Provisions, Article 6, paragraph (1)· applies only in this provision and in Supplementary Provisions, Articles 8 and 9
the Former Income Tax Actmachine translation
「旧所得税法」
This Act as it stood before Article 1 of Act No. 8 of 2020 amended it.
Short name set inSupplementary Provisions, Article 6, paragraph (1)· applies only in this provision and in Supplementary Provisions, Articles 6 to 9