In the case where a domestic corporation has transferred any commodities for short-term trading, etc. (meaning commodities as specified by Cabinet Order as assets acquired for the purpose of profit from short-term price fluctuations (excluding securities) and crypto-assets as prescribed in Article 2, paragraph (14) (Definitions) of the Payment Services Act (Act No. 59 of 2009) (hereinafter referred to as "crypto-assets" in this Article); hereinafter the same applies in this Article), except in the case where the provisions of Articles 62 through 62-5 (Transfer of Assets as a Result of a Merger, etc.) apply, capital gain (meaning the difference between the amount listed in item (i) and the amount listed in item (ii) when the former exceeds the latter) or capital loss (meaning the difference between the amount listed in item (i) and the amount listed in item (ii) when the latter exceeds the former) on the transfer is included in gross profits or deductible expenses, when calculating the amount of income for the business year containing the day on which a contract for the transfer was concluded (or, in the case where the transfer is due to a dividend of surplus or any other grounds specified by Ministry of Finance Order, the day on which the dividend of surplus becomes effective or any other day specified by Ministry of Finance Order):
内国法人が短期売買商品等(短期的な価格の変動を利用して利益を得る目的で取得した資産として政令で定めるもの(有価証券を除く。)及び資金決済に関する法律(平成二十一年法律第五十九号)第二条第十四項(定義)に規定する暗号資産(以下この条において「暗号資産」という。)をいう。以下この条において同じ。)の譲渡をした場合には、その譲渡に係る譲渡利益額(第一号に掲げる金額が第二号に掲げる金額を超える場合におけるその超える部分の金額をいう。)又は譲渡損失額(同号に掲げる金額が第一号に掲げる金額を超える場合におけるその超える部分の金額をいう。)は、第六十二条から第六十二条の五まで(合併等による資産の譲渡)の規定の適用がある場合を除き、その譲渡に係る契約をした日(その譲渡が剰余金の配当その他の財務省令で定める事由によるものである場合には、当該剰余金の配当の効力が生ずる日その他の財務省令で定める日)の属する事業年度の所得の金額の計算上、益金の額又は損金の額に算入する。
the amount of consideration that would normally be obtained from the transfer of the commodities for short-term trading, etc. for value at the time of the transfer of the commodities for short-term trading, etc.;
その短期売買商品等の譲渡の時における有償によるその短期売買商品等の譲渡により通常得べき対価の額
the amount of cost for the transfer of the commodities for short-term trading, etc. (meaning the amount obtained by multiplying the amount calculated based on the method that the domestic corporation selected for calculating the book value per unit of the commodities for short-term trading, etc. (in the case where the domestic corporation did not select any calculation method or did not calculate the book value based on the calculation method of their choice, the amount calculated based on one of the calculation methods specified by Cabinet Order) by the number of the commodities for short-term trading, etc. that it has transferred).
With regard to commodities for short-term trading, etc. held by a domestic corporation as of the end of a business year (hereinafter referred to as "at the end of the period" in this paragraph and the following paragraph), the amount evaluated by the method specified in the following items in accordance with the category of commodities for short-term trading, etc. listed in the respective items (for commodities for short-term trading, etc. listed in item (ii), the method selected by the domestic corporation out of the methods specified in that item (or, in the case where it did not select a method, the method listed in (b) of that item)) is to be their fair value at the end of the period.
commodities for short-term trading, etc. (for crypto-assets, limited to market crypto assets (meaning crypto-assets specified by Cabinet Order as crypto-assets for which an active market exists; the same applies in the following item), and excluding the following): the fair value method (meaning the method of categorizing commodities for short-term trading, etc. held at the end of the period by type or brand (hereinafter referred to as "types, etc." in this item) and calculating, for those of the same types, etc., the amount as specified by Cabinet Order as their value at the end of the period, and thereby deeming the calculated amount to be the fair value of the commodities for short-term trading, etc. at the end of the period; the same applies in (a) of the following item and in the following paragraph);
specified transfer-restricted crypto-assets (meaning crypto-assets which are subject to restrictions on transfer or other conditions and which are specified by Cabinet Order as those for which procedures for appropriately publicizing that they are subject to the conditions have been carried out; the same applies in the following item);
specified self-issued crypto-assets (meaning crypto-assets that the domestic corporation has issued and has continuously held since the time of issuance (referred to as "self-issued crypto assets" in the following item) and which are specified by Cabinet Order as those that have been continuously subject to restrictions on transfer or other conditions since that time; the same applies in paragraph (6));
specified transfer-restricted crypto-assets that fall under market crypto assets (excluding self-issued crypto assets): the method listed in (a) or (b):
市場暗号資産に該当する特定譲渡制限付暗号資産(自己発行暗号資産を除く。) イ又はロに掲げる方法
the fair value method;
the cost method (meaning the method of deeming the book value at the end of the period of commodities for short-term trading, etc. held at the end of the period to be the fair value of the commodities for short-term trading, etc. at the end of the period; the same applies in the following item);
commodities for short-term trading, etc. other than those listed in the preceding two items: the cost method.
In the case where a domestic corporation holds, at the end of the period, any commodities for short-term trading, etc. (limited to those for which the amount evaluated by the fair value method (hereinafter referred to as the "fair value" in this paragraph) is treated as their fair value at the end of the period; hereinafter the same applies in this paragraph and the following paragraph) (for crypto-assets, limited to the case where it holds them on its own account), the valuation gain therefrom (meaning, in the case where the fair value of the commodities for short-term trading, etc. exceeds their book value at the end of the period (hereinafter referred to as the "book value at the end of the period" in this paragraph), the amount of the excess; the same applies in the following paragraph) or the valuation loss therefrom (meaning, in the case where the book value at the end of the period of the commodities for short-term trading, etc. exceeds their fair value, the amount of the excess; the same applies in the following paragraph) is included in gross profits or deductible expenses, when calculating the amount of income for the business year in which that end of the period falls, notwithstanding the provisions of Article 25, paragraph (1) (Valuation Gain on Assets) or Article 33, paragraph (1) (Valuation Loss on Assets).
内国法人が期末時において短期売買商品等(時価法により評価した金額(以下この項において「時価評価金額」という。)をもつてその期末時における評価額とするものに限る。以下この項及び次項において同じ。)を有する場合(暗号資産にあつては、自己の計算において有する場合に限る。)には、当該短期売買商品等に係る評価益(当該短期売買商品等の時価評価金額が当該短期売買商品等のその期末時における帳簿価額(以下この項において「期末帳簿価額」という。)を超える場合におけるその超える部分の金額をいう。次項において同じ。)又は評価損(当該短期売買商品等の期末帳簿価額が当該短期売買商品等の時価評価金額を超える場合におけるその超える部分の金額をいう。次項において同じ。)は、第二十五条第一項(資産の評価益)又は第三十三条第一項(資産の評価損)の規定にかかわらず、その期末時の属する事業年度の所得の金額の計算上、益金の額又は損金の額に算入する。
In the case where a domestic corporation transfers commodities for short-term trading, etc. to a succeeding corporation in a company split, corporation receiving a capital contribution in kind or corporation receiving a distribution in kind as a result of a qualified company split, qualified capital contribution in kind or qualified in-kind distribution (for a qualified in-kind distribution, excluding a distribution of all residual assets; hereinafter referred to as a "qualified company split, etc." in this paragraph) (for crypto-assets, limited to the case where it transfers crypto-assets that it holds on its own account), the amount equivalent to the valuation gain or valuation loss on the commodities for short-term trading, etc. that would be calculated under the provisions of the preceding paragraph if the day preceding the date of the qualified company split, etc. were the last day of the business year is included in gross profits or deductible expenses, when calculating the amount of income for the business year containing the date of the qualified company split, etc., notwithstanding the provisions of Article 25, paragraph (1) or Article 33, paragraph (1).
In the case where a domestic corporation holds any commodities for short-term trading, etc. (excluding crypto-assets; hereinafter the same applies in this paragraph), when it has abolished all of the operations to buy and sell commodities for short-term trading, etc. for the purpose prescribed in paragraph (1), the amount of income of the domestic corporation for each business year is calculated by deeming that the domestic corporation transferred, as of the time of the abolition, the commodities for short-term trading, etc. for their value at that time and acquired assets other than commodities for short-term trading, etc. for their value.
In the case where a domestic corporation holds crypto-assets on its own account, when the crypto-assets have ceased to fall under specified self-issued crypto-assets or any other fact specified by Cabinet Order has occurred, the amount of income of the domestic corporation for each business year is calculated by deeming, as specified by Cabinet Order, that the domestic corporation transferred the crypto-assets and acquired the crypto-assets.
内国法人が暗号資産を自己の計算において有する場合において、その暗号資産が特定自己発行暗号資産に該当しないこととなつたことその他の政令で定める事実が生じたときは、政令で定めるところにより、その暗号資産を譲渡し、かつ、その暗号資産を取得したものとみなして、その内国法人の各事業年度の所得の金額を計算する。
In the case where a domestic corporation has conducted a crypto-asset margin transaction (meaning the buying and selling of crypto-assets conducted by receiving credit from another person; hereinafter the same applies in this Article), when any of the crypto-asset margin transactions has not been settled as of the end of a business year, the amount equivalent to the amount of profit or the amount of loss calculated as specified by Ministry of Finance Order by deeming that the crypto-asset margin transaction was settled at that time (referred to as the "deemed settlement profit or loss" in the following paragraph) is included in gross profits or deductible expenses, when calculating the amount of income for the business year.
In the case where a domestic corporation transfers a contract pertaining to a crypto-asset margin transaction to a succeeding corporation in a company split or a corporation receiving a capital contribution in kind as a result of a qualified company split or qualified capital contribution in kind (hereinafter referred to as a "qualified company split, etc." in this paragraph), the amount equivalent to the deemed settlement profit or loss on the crypto-asset margin transaction that would be calculated under the provisions of the preceding paragraph if the day preceding the date of the qualified company split, etc. were the last day of the business year is included in gross profits or deductible expenses, when calculating the amount of income for the business year containing the date of the qualified company split, etc.
In the case where a domestic corporation has acquired crypto-assets based on a contract pertaining to a crypto-asset margin transaction (excluding the case where the domestic corporation has acquired the crypto-assets based on a contract pertaining to a crypto-asset margin transaction subject to the provisions of Article 61-6, paragraph (1) (Deferment of Profit or Loss by Deferred Hedge Accounting)), the difference between the value of the crypto-assets as of the time of the acquisition and the amount that the domestic corporation paid as the consideration for the acquisition of the crypto-assets based on the contract pertaining to the crypto-asset margin transaction that had caused the acquisition is included in gross profits or deductible expenses, when calculating the amount of income for the business year containing the date of the acquisition.
内国法人が暗号資産信用取引に係る契約に基づき暗号資産を取得した場合(第六十一条の六第一項(繰延ヘッジ処理による利益額又は損失額の繰延べ)の規定の適用を受ける暗号資産信用取引に係る契約に基づき当該暗号資産を取得した場合を除く。)には、その取得の時における当該暗号資産の価額とその取得の基因となつた暗号資産信用取引に係る契約に基づき当該暗号資産の取得の対価として支払つた金額との差額は、当該取得の日の属する事業年度の所得の金額の計算上、益金の額又は損金の額に算入する。
Methods for calculating the acquisition cost that is to be used as the basis of the calculation of book values per unit of commodities for short-term trading, etc., the type of methods for calculating book values per unit of commodities for short-term trading, etc., procedures to select the calculation methods, procedures to select the method of evaluating commodities for short-term trading, etc. listed in paragraph (2), item (ii), disposition of valuation gain or loss prescribed in paragraph (3) in the following business year, disposition of deemed settlement profit or loss prescribed in paragraph (7) in the following business year, and other necessary matters concerning the application of the provisions of the preceding paragraphs are specified by Cabinet Order.