Article 48Inclusion in Deductible Expenses of a Special Account for a Gain on Insurance Claims
第四十八条（保険差益等に係る特別勘定の金額の損金算入）
In the case where a domestic corporation (excluding a domestic corporation in liquidation; hereinafter the same applies in this Article) that is to receive the payment of insurance monies, etc. intends to make an acquisition or improvement as prescribed in paragraph (1) of the preceding Article with the insurance monies, etc. during the period up to the day preceding the day on which two years have elapsed from the day following the last day of the business year in which it receives the payment (excluding a business year containing the day preceding the date of a merger (excluding a qualified merger; referred to as a "non-qualified merger" in the following paragraph and paragraph (3)) of an acquired corporation) (in the case where it is difficult to acquire the substituted assets prescribed in paragraph (1) of the preceding Article as prescribed in the paragraph by the date due to any disaster or other unavoidable circumstances, during the period up to the day designated by the competent district director with jurisdiction over the place for tax payment as specified by Cabinet Order (referred to as the "designated date" in paragraph (6) and paragraph (8))) (such case includes the case where the domestic corporation has effected a qualified merger through which it becomes an acquired corporation, and where the acquiring corporation involved in the qualified merger intends to make the acquisition or improvement or other cases specified by Cabinet Order), when the amount not exceeding the amount calculated as a gain pertaining to the insurance monies, etc to be spent for the acquisition or improvement as specified by Cabinet Order has been booked in such a manner as to establish a special account (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 booked as above is included in deductible expenses, when calculating the amount of income for the business year.
保険金等の支払を受ける内国法人（清算中のものを除く。以下この条において同じ。）が、その支払を受ける事業年度（被合併法人の合併（適格合併を除く。次項及び第三項において「非適格合併」という。）の日の前日の属する事業年度を除く。）終了の日の翌日から二年を経過した日の前日（災害その他やむを得ない事由により同日までに前条第一項に規定する代替資産の同項に規定する取得をすることが困難である場合には、政令で定めるところにより納税地の所轄税務署長が指定した日（第六項及び第八項において「指定日」という。）とする。）までの期間内にその保険金等をもつて同条第一項に規定する取得又は改良をしようとする場合（当該内国法人が被合併法人となる適格合併を行い、かつ、当該適格合併に係る合併法人が当該取得又は改良をしようとする場合その他の政令で定める場合を含む。）において、当該取得又は改良に充てようとする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の金額を当該事業年度の確定した決算において特別勘定を設ける方法（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。
A domestic corporation that has established a special account set forth in the preceding paragraph must, in the case where it has acquired substituted assets as prescribed in paragraph (1) of the preceding Article as specified in the paragraph, or where the domestic corporation has been dissolved as a result of a non-qualified merger, or in other cases as specified by Cabinet Order, dispose of the portion of the special account pertaining to the insurance monies, etc. that has been calculated as specified by Cabinet Order.
The amount of the special account set forth in paragraph (1) that is to be disposed of under the preceding paragraph or the amount of the special account that has been disposed of without falling under the provisions of the preceding paragraph (excluding the amount to be succeeded to by an acquiring corporation, succeeding corporation in a company split, or corporation receiving a capital contribution in kind (referred to as an "acquiring corporation, etc." in paragraph (8) and paragraph (10)) pursuant to the provisions of paragraph (8)) is included in gross profits, when calculating the amount of income, respectively, for the business year containing the day on which the former amount is to be disposed of (in the case where the domestic corporation prescribed in the preceding paragraph has been dissolved as a result of a non-qualified merger, containing the day preceding the date of the non-qualified merger) or for the business year containing the day on which the latter amount was disposed of.
The provisions of paragraph (1) 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 booked amount prescribed in the paragraph.
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), when they find any unavoidable grounds for the person's failure to make entries for such matters.
In the case where a domestic corporation has effected a qualified company split or qualified capital contribution in kind (hereinafter referred to as a "qualified company split, etc." in this Article) and has received the payment of insurance monies, etc. 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. (limited to the case where the succeeding corporation in a company split or corporation receiving a capital contribution in kind (referred to as a "succeeding corporation in a company split, etc." in paragraph (8), item (ii) and paragraph (9)) involved in the qualified company split, etc. is expected to make an acquisition or improvement as prescribed in paragraph (1) of the preceding Article with the insurance monies, etc. during the period from the date of the qualified company split, etc. to the day preceding the day on which two years have elapsed from the day following the last day of the business year (in the case where there is a designated date, up to the designated date)), when a special account equivalent to that which is set forth in paragraph (1) has been established within the limit of the amount equivalent to the amount calculated as prescribed in paragraph (1) pertaining to the insurance monies, etc. to be spent for the acquisition or improvement (hereinafter such special account is referred to as a "special account during the period" in this Article), the amount equivalent to the amount of the special account during the period established as above is included in deductible expenses, when calculating the amount of income for the business year.
内国法人が、適格分割又は適格現物出資（以下この条において「適格分割等」という。）を行い、かつ、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適格分割等の直前の時までの期間内に保険金等の支払を受けている場合（当該適格分割等の日から当該事業年度終了の日の翌日以後二年を経過した日の前日（指定日がある場合には、当該指定日）までの期間内に当該適格分割等に係る分割承継法人又は被現物出資法人（第八項第二号及び第九項において「分割承継法人等」という。）が当該保険金等をもつて前条第一項に規定する取得又は改良をすることが見込まれる場合に限る。）において、その取得又は改良に充てようとする保険金等に係る第一項に規定する計算した金額に相当する金額の範囲内で同項の特別勘定に相当するもの（以下この条において「期中特別勘定」という。）を設けたときは、その設けた期中特別勘定の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。
The provisions of the preceding paragraph apply only in the case where the domestic corporation set forth in the paragraph has submitted documents stating the amount equivalent to the special account during the period 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 a domestic corporation has effected a qualified merger, qualified company split, or qualified capital contribution in kind (hereinafter referred to as a "qualified merger, etc." in this paragraph), the amount of a special account or special account during the period as prescribed in the following items is to be succeeded to by an acquiring corporation, etc. involved in the qualified merger, etc., in accordance with the category of the following qualified merger, etc.:
qualified merger:The amount of a special account set forth in paragraph (1) pertaining to insurance monies, etc. that the domestic corporation holds as of immediately prior to the qualified merger;
qualified company split, etc.: The portion of the amount of a special account set forth in paragraph (1) pertaining to the insurance monies, etc. that the domestic corporation holds as of immediately prior to the qualified company split, etc. which pertains to the insurance monies, etc. to be spent for the acquisition or improvement prescribed in paragraph (1) of the preceding Article that is expected to be made by the succeeding corporation in a company split, etc. involved in the qualified company split, etc. during the acquisition/improvement period (meaning the period from the date of the qualified company split, etc. to the day preceding the day on which two years have elapsed from the day following the last day of the business year in which the splitting corporation or corporation making a capital contribution in kind involved in the qualified company split, etc. received the payment of the insurance monies, etc. (in the case where there is a designated date, up to the designated date)) and the amount of the special account during the period pertaining to insurance monies, etc. that the domestic corporation established upon the qualified company split, etc.
With regard to a domestic corporation that has established a special account set forth in paragraph (1) and has effected a qualified company split, etc. (excluding a domestic corporation that has established both the special account and a special account during the period and carries over only the amount of the special account during the period to a succeeding corporation in a company split, etc. as a result of a qualified company split, etc.), the provisions of the preceding paragraph apply only in the case where the domestic corporation that has established the special account has submitted documents stating the amount of the special account to be carried over to a succeeding corporation in a company split, etc. as a result of the qualified company split, etc. 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.
The amount of a special account set forth in paragraph (1) or the amount of a special account during the period that an acquiring corporation, etc. has succeeded to pursuant to the provisions of paragraph (8) is deemed to be the amount of a special account set forth in paragraph (1) that the acquiring corporation, etc. has established pursuant to the provisions of the paragraph.
Necessary matters concerning the application of the provisions of the preceding paragraphs in the case where a merger, company split, contribution in kind to the capital of the receiving corporation, or in-kind distribution (meaning the in-kind distribution prescribed in Article 2, item (xii)-5-2 (Definitions)) has been effected are specified by Cabinet Order.
合併、分割、現物出資又は現物分配（第二条第十二号の五の二（定義）に規定する現物分配をいう。）が行われた場合における前各項の規定の適用に関し必要な事項は、政令で定める。