Article 61-5Inclusion of the Amount Equivalent to Profits or Losses on Derivative Transactions in Gross Profits or Deductible Expenses
第六十一条の五（デリバティブ取引に係る利益相当額又は損失相当額の益金又は損金算入等）
In the case where a domestic corporation has conducted derivative transactions (meaning transactions promising the payment or receipt of the amount of monies calculated based on the difference between the numeric value, which has been agreed upon between the parties in advance as the interest rate, price of currency, price of goods or numeric value of another index, and the actual numeric value of such index at a certain time in the future, or transactions similar thereto, which are specified by Ministry of Finance Order; hereinafter the same applies in this Article), when any of those transactions have not been settled as of the end of a business year (excluding transactions based on a foreign exchange futures contract, etc. as prescribed in Article 61-8, paragraph (2) (Conversion of Transactions in a Foreign Currency with the Amount in Japanese Yen Determined under a Foreign Exchange Futures Contract, etc.) in the case where the provisions of the paragraph apply and other transactions specified by Ministry of Finance Order (referred to as "forward exchange transactions, etc." in the following paragraph); hereinafter referred to as "unsettled derivative transactions" in this paragraph), the amount equivalent to the profit or loss calculated, as specified by Ministry of Finance Order, by deeming that the unsettled derivative transactions were settled at the time (referred to as "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.
内国法人がデリバティブ取引（金利、通貨の価格、商品の価格その他の指標の数値としてあらかじめ当事者間で約定された数値と将来の一定の時期における現実の当該指標の数値との差に基づいて算出される金銭の授受を約する取引又はこれに類似する取引であつて、財務省令で定めるものをいう。以下この条において同じ。）を行つた場合において、当該デリバティブ取引のうち事業年度終了の時において決済されていないもの（第六十一条の八第二項（先物外国為替契約等により円換算額を確定させた外貨建取引の換算）の規定の適用を受ける場合における同項に規定する先物外国為替契約等に基づくものその他財務省令で定める取引（次項において「為替予約取引等」という。）を除く。以下この項において「未決済デリバティブ取引」という。）があるときは、その時において当該未決済デリバティブ取引を決済したものとみなして財務省令で定めるところにより算出した利益の額又は損失の額に相当する金額（次項において「みなし決済損益額」という。）は、当該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 a contract pertaining to derivative transactions (excluding forward exchange transactions, etc.) to a succeeding corporation in a company split, a corporation receiving a capital contribution in kind or a corporation receiving a distribution in kind as a result of a qualified company split, a qualified capital contribution in kind or a qualified in-kind distribution (in the case of a qualified in-kind distribution, excluding a distribution of all of the residual assets; hereinafter referred to as a "qualified company split, etc." in this paragraph), the amount equivalent to the deemed settlement profit or loss pertaining to the derivative transactions that would be calculated pursuant to the provisions of the preceding paragraph if the day preceding the date of the qualified company split, etc. were the last day of a 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 assets other than monies based on a contract for derivative transactions (excluding the case where the domestic corporation has acquired the assets based on a contract for derivative transactions subject to the provisions of paragraph (1) of the following Article), the difference between the value of the assets as of the time of the acquisition and the amount that the domestic corporation paid as the consideration for the acquisition of the assets based on a contract for derivative transactions 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.
The disposition of the deemed settlement profit or loss prescribed in paragraph (1) in the following business year, and other necessary matters concerning the application of the provisions of the preceding three paragraphs are specified by Cabinet Order.