Article 47Inclusion in Deductible Expenses of the Depreciated Amount of Fixed Assets Acquired with Insurance Monies
第四十七条(保険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, insurance monies, mutual aid monies, or compensation for damages that is specified by Cabinet Order (hereinafter referred to as "insurance monies, etc." through to Article 49) for any loss of or damage to its Fixed Assets (in the case where a qualified merger, qualified company split, qualified capital contribution in kind, or qualified in-kind distribution (hereinafter referred to as a "qualified organizational restructuring" in this paragraph and paragraph (8)) in which the domestic corporation is the acquiring corporation, succeeding corporation in a company split, corporation receiving a capital contribution in kind, or corporation receiving a distribution in kind (referred to as an "acquiring corporation, etc." in paragraph (8)) has been effected, such Fixed Assets include those owned by the acquired corporation, splitting corporation, corporation making a capital contribution in kind, or corporation making a distribution in kind (referred to as an "acquired corporation, etc." in paragraph (8)) involved in the qualified organizational restructuring; hereinafter referred to as "owned Fixed Assets" in this Article), when, with regard to substituted assets (meaning the same type of Fixed Assets substituting the owned Fixed Assets; the same applies hereinafter in this Article) that it has acquired by the end of the business year (excluding the acquisition through a lease transaction that is specified by Cabinet Order as a transaction wherein the ownership is not transferred out of those prescribed in Article 64-2, paragraph (3) (Calculation of the Amount of Income Related to Lease Transactions); the same applies in paragraph (5)) or damaged assets, etc. (meaning the owned Fixed Assets that were damaged or assets to be substituted assets; the same applies in paragraph (5)) that it has improved by the end of the business year, the book value thereof has been reduced, with the reduction accounted for as a loss, within the limit of the amount calculated as specified by Cabinet Order as the amount of the gain pertaining to the insurance monies, etc. received in the business year (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.
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その有する固定資産(当該内国法人を合併法人、分割承継法人、被現物出資法人又は被現物分配法人(第八項において「合併法人等」という。)とする適格合併、適格分割、適格現物出資又は適格現物分配(以下この項及び第八項において「適格組織再編成」という。)が行われている場合には、当該適格組織再編成に係る被合併法人、分割法人、現物出資法人又は現物分配法人(第八項において「被合併法人等」という。)の有していたものを含む。以下この条において「所有固定資産」という。)の滅失又は損壊により保険金、共済金又は損害賠償金で政令で定めるもの(以下第四十九条までにおいて「保険金等」という。)の支払を受けた場合において、当該事業年度終了の時までに取得(第六十四条の二第三項(リース取引に係る所得の金額の計算)に規定するリース取引のうち所有権が移転しないものとして政令で定めるものによる取得を除く。第五項において同じ。)をした代替資産(その所有固定資産に代替する同一種類の固定資産をいう。以下この条において同じ。)又は当該事業年度終了の時までに改良をした損壊資産等(その損壊をした所有固定資産又は代替資産となるべき資産をいう。第五項において同じ。)につき、当該事業年度においてその支払を受けた保険金等に係る差益金の額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 received the delivery of substituted assets in lieu of insurance monies, etc. for the loss of or damage to its owned Fixed Assets in each business year, when, in the business year, the book value of the substituted assets has been reduced, with the reduction accounted for as a loss, within the limit of the amount calculated as specified by Cabinet Order as the amount of the gain pertaining to the substituted 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), the Fixed Assets that it has acquired or improved by the time immediately prior to the qualified company split, etc. (limited to substituted assets or damaged assets, etc. pertaining to the loss or damage in the case where it has received insurance monies, etc. for the loss of or damage to its owned Fixed Assets 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), when, in the business year, the book value of the Fixed Assets has been reduced to within 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所有固定資産の滅失又は損壊により保険金等の支払を受けた場合におけるその滅失又は損壊に係る代替資産又は損壊資産等に限る。)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., substituted assets (limited to assets which have been delivered to the domestic corporation in lieu of insurance monies, etc. for the loss of or damage to its owned Fixed Assets 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 substituted assets has been reduced to within the amount equivalent to the advanced depreciation limit prescribed in paragraph (2), 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, etc. 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, etc. as a result of a qualified organizational restructuring, 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.