Article 42Inclusion in Deductible Expenses of the Depreciated Amount of Fixed Assets Acquired with National Subsidies.
第四十二条（国庫補助金等で取得した固定資産等の圧縮額の損金算入）
In the case where a domestic corporation (excluding a domestic corporation in liquidation; hereinafter the same applies in this Article) has received in each business year subsidies or benefits from the national or a local government or any other financial assistance as specified by Cabinet Order as being equivalent thereto (hereinafter referred to as "national subsidies, etc." through to Article 44) for the purpose of spending them to acquire or improve its Fixed Assets (limited to the case where it is determined that the national subsidies, etc. need not be returned by the end of the business year), when, with regard to Fixed Assets that it has acquired or improved by the end of the business year in line with the purpose of the delivery, their book value has been reduced, with the reduction accounted for as a loss, within the limit of the amount equivalent to the amount of the national subsidies, etc. received in the business year (if the Fixed Assets are depreciable assets acquired or improved in a business year prior to the business year, the amount calculated as specified by Cabinet Order on the basis of the amount of the national subsidies, etc.; hereinafter referred to as the "advanced depreciation limit" in this paragraph) or the amount not exceeding the advanced depreciation limit has been booked in such a manner as to save it as a reserve (including in a manner as specified by Cabinet Order) in the final settlement of the accounts in the business year, the amount equivalent to the amount reduced or booked as above is included in deductible expenses, when calculating the amount of income for the business year.
内国法人（清算中のものを除く。以下この条において同じ。）が、各事業年度において固定資産の取得又は改良に充てるための国又は地方公共団体の補助金又は給付金その他政令で定めるこれらに準ずるもの（以下第四十四条までにおいて「国庫補助金等」という。）の交付を受けた場合（その国庫補助金等の返還を要しないことが当該事業年度終了の時までに確定した場合に限る。）において、当該事業年度終了の時までに取得又は改良をしたその交付の目的に適合した固定資産につき、当該事業年度においてその交付を受けた国庫補助金等の額に相当する金額（その固定資産が当該事業年度前の各事業年度において取得又は改良をした減価償却資産である場合には、当該国庫補助金等の額を基礎として政令で定めるところにより計算した金額。以下この項において「圧縮限度額」という。）の範囲内でその帳簿価額を損金経理により減額し、又はその圧縮限度額以下の金額を当該事業年度の確定した決算において積立金として積み立てる方法（政令で定める方法を含む。）により経理したときは、その減額し又は経理した金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
In the case where a domestic corporation has acquired Fixed Assets which are delivered in lieu of national subsidies, etc. in each business year, when, in the business year, their book value has been reduced, with the reduction accounted for as a loss, within the limit equivalent to the value of the Fixed Assets (hereinafter such limit is referred to as the "advanced depreciation limit" in this paragraph) or the amount not exceeding the advanced depreciation limit has been booked in such a manner as to save it as a reserve (including in a manner as specified by Cabinet Order) in the final settlement of the accounts in the business year, the amount equivalent to the amount reduced or booked as above is included in deductible expenses, when calculating the amount of income for the business year.
The provisions of the preceding two paragraphs apply only in the case where a tax return contains a detailed statement concerning the inclusion in deductible expenses of the amount equivalent to the amount reduced or booked as prescribed in these provisions.
Even in the case where a tax return without entries for the matters set forth in the preceding paragraph has been filed, the district director of the tax office may apply the provisions of paragraph (1) or paragraph (2), when they find any unavoidable grounds for the person's failure to make entries for such matters.
In the case where a domestic corporation transfers, as a result of a qualified company split, qualified capital contribution in kind, or qualified in-kind distribution (hereinafter referred to as a "qualified company split, etc." in this Article), any of the Fixed Assets that it has acquired or improved by the time immediately prior to the qualified company split, etc. (limited to those in line with the purpose of the national subsidies, etc. received during the period from the beginning of the business year containing the date of the qualified company split, etc. to that time immediately prior) to a succeeding corporation in a company split, corporation receiving a capital contribution in kind, or corporation receiving a distribution in kind (referred to as a "succeeding corporation in a company split, etc." in the following paragraph) (limited to the case where it is determined that the national subsidies, etc. need not be returned by the time immediately prior to the qualified company split, etc.), when, in the business year, the book value of the Fixed Assets has been reduced to within the limit of the amount equivalent to the advanced depreciation limit prescribed in paragraph (1), the amount equivalent to the amount reduced as above is included in deductible expenses, when calculating the amount of income for the business year.
内国法人が、適格分割、適格現物出資又は適格現物分配（以下この条において「適格分割等」という。）により当該適格分割等の直前の時までに取得又は改良をした固定資産（当該適格分割等の日の属する事業年度開始の時から当該直前の時までの期間内に交付を受けた国庫補助金等の交付の目的に適合したものに限る。）を分割承継法人、被現物出資法人又は被現物分配法人（次項において「分割承継法人等」という。）に移転する場合（当該国庫補助金等の返還を要しないことが当該直前の時までに確定した場合に限る。）において、当該固定資産につき、当該事業年度において第一項に規定する圧縮限度額に相当する金額の範囲内でその帳簿価額を減額したときは、その減額した金額に相当する金額は、当該事業年度の所得の金額の計算上、損金の額に算入する。
In the case where a domestic corporation transfers, as a result of a qualified company split, etc., any of the Fixed Assets as prescribed in paragraph (2) (limited to those acquired during the period from the beginning of the business year containing the date of the qualified company split, etc. to immediately prior to the qualified company split, etc.) to a succeeding corporation in a company split, etc., when, in the business year, the book value of the Fixed Assets has been reduced to within the limit equivalent to the value of the Fixed Assets, the amount equivalent to the amount reduced as above is included in deductible expenses, when calculating the amount of income for the business year.
The provisions of the preceding two paragraphs apply only in the case where the domestic corporation prescribed in these provisions has submitted documents stating the amount equivalent to the reduced amount prescribed in these provisions and other matters specified by Ministry of Finance Order to the competent district director with jurisdiction over the place for tax payment, within two months on or after the date of the qualified company split, etc.
In the case where an acquiring corporation, succeeding corporation in a company split, corporation receiving a capital contribution in kind, or corporation receiving a distribution in kind has received the transfer of any of the Fixed Assets to which the provisions of paragraph (1), paragraph (2), paragraph (5), or paragraph (6) had been applied under an acquired corporation, splitting corporation, corporation making a capital contribution in kind, or corporation making a distribution in kind, as a result of a qualified merger, qualified company split, qualified capital contribution in kind, or qualified in-kind distribution, the acquisition cost of the Fixed Assets and other necessary matters concerning the application of the provisions of the preceding paragraphs are specified by Cabinet Order.