Article 82Definitions

一consolidated financial statements, etc.: any of the following:

イfinancial statements consolidating and stating the status of the assets and profits and losses of a group of enterprises in accordance with specified financial accounting standards (meaning accounting standards specified by Ministry of Finance Order as internationally common accounting standards or other accounting standards specified by Ministry of Finance Order as equivalent thereto; hereinafter the same applies in this item) or qualified financial accounting standards (meaning accounting standards generally accepted as fair and appropriate in the country of location of the ultimate parent company, etc. (including a jointly controlled entity, etc. listed in item (xv), (a)) (excluding specified financial accounting standards); hereinafter the same applies in this item);

ロfinancial statements that would be prepared if, for a group of enterprises for which the financial statements listed in (a) have not been prepared, financial statements consolidating and stating the status of the assets and profits and losses of the group of enterprises for a calendar year were prepared in accordance with specified financial accounting standards or qualified financial accounting standards;

ハfinancial statements stating the status of the assets and profits and losses of a company, etc. (meaning a company, partnership or any other entity equivalent thereto (including anything equivalent thereto in a foreign country); hereinafter the same applies in this Chapter) (excluding one belonging to a group of enterprises listed in (a) of the following item; the same applies in (d)) in accordance with specified financial accounting standards or qualified financial accounting standards; or

ニfinancial statements that would be prepared if, for a company, etc. for which the financial statements listed in (c) have not been prepared, financial statements stating the status of the assets and profits and losses of the company, etc. for a calendar year were prepared in accordance with specified financial accounting standards or qualified financial accounting standards;

二enterprise group, etc.: any of the following:

イa group of enterprises pertaining to the following companies, etc., which pertains to an ultimate parent company (meaning a company, etc. that directly or indirectly holds a controlling ownership interest in another company, etc. (excluding a government-related company, etc. prescribed in item (xiv), (a) that is specified by Cabinet Order as one whose main purpose is to manage the assets of the State, etc. prescribed in item (xiv), (a)), and whose controlling ownership interest is not directly or indirectly held by another company, etc. In this case, when the other company, etc. is a government-related company, etc. specified by that Cabinet Order, the controlling ownership interest directly or indirectly held by the government-related company, etc. specified by that Cabinet Order is deemed not to exist.):

（１）a company, etc. whose status of assets and profits and losses is consolidated and stated in the financial statements listed in (a) of the preceding item, or any other company, etc. specified by Cabinet Order; or

（２）a company, etc. whose status of assets and profits and losses would be consolidated and stated in the financial statements listed in (b) of the preceding item, or any other company, etc. specified by Cabinet Order;

ロa company, etc. (excluding one belonging to a group of enterprises listed in (a)) for which the country of location of its permanent establishment, etc. is a country or region other than the country of location of the company, etc.;

三multinational enterprise group, etc.: any of the following enterprise groups, etc.:

イan enterprise group, etc. listed in (a) of the preceding item in the case where there are two or more countries of location of the companies, etc. belonging to the enterprise group, etc. (in the case where a company, etc. has a permanent establishment, etc., including the country of location of the permanent establishment, etc.), or any other enterprise group, etc. specified by Cabinet Order as equivalent thereto; or

ロan enterprise group, etc. listed in (b) of the preceding item;

四specified multinational enterprise group, etc.: a multinational enterprise group, etc. whose amount specified by Ministry of Finance Order as its total revenue, in two or more of the four covered fiscal years immediately preceding each covered fiscal year, is equal to or more than the amount obtained by converting 750 million euros (for any of those four covered fiscal years whose period is not one year, the amount calculated as specified by Cabinet Order in accordance with that period) into the amount in Japanese yen as specified by Ministry of Finance Order, or any other multinational enterprise group, etc. specified by Cabinet Order as equivalent thereto;

六permanent establishment, etc.: the following places in the case where the business of a company, etc. is carried out in a country or region other than the country of location of the company, etc. (hereinafter referred to as the "other country" in this item and item (vii), (c)):

イin the case where there is a treaty, etc. (meaning an international agreement for the avoidance of double taxation with respect to taxes on income between the country of location and the other country, or anything similar thereto; the same applies in (a) and (b)), a place where business is carried out that is treated as a permanent establishment in the other country or anything equivalent thereto based on the treaty, etc. (including a place deemed to be a place where the business is carried out under the treaty, etc., and limited to one where, under the treaty, etc. (limited to a treaty, etc. that specifies the scope of income arising from the business and that is specified by Ministry of Finance Order as one specifying the scope of that income by an internationally widely used method), the other country is to impose taxes on income arising from the business carried out through the permanent establishment or anything equivalent thereto);

ロin the case where there is no treaty, etc., the place where the business is carried out, when taxes are to be imposed, under the laws and regulations concerning taxes of the other country, on income arising from business carried out through the place where the business of the company, etc. is carried out in the other country (including a place deemed to be a place where the business is carried out under the laws and regulations concerning taxes of the other country);

ハin the case where no tax imposed on the income of corporations exists in the other country, the place where the business is carried out in the other country that falls under what is equivalent to a permanent establishment in the case where, in Article 2, item (xii)-19 (Definitions), the phrase "These mean those listed as follows; provided, however, that in the case where a convention for the avoidance of double taxation or the prevention of fiscal evasion with respect to taxes on income that Japan has concluded contains provisions different from those listed as follows, with regard to a foreign corporation to which the convention applies, a permanent establishment is to be what is specified as a permanent establishment in the convention (limited to that located in Japan)" is deemed to be replaced with "These mean those listed as follows" (including what is equivalent to what is listed in (c) of that item as so read) (limited to a place where the whole or part of the income arising from the business falls under income equivalent to domestic source income listed in Article 138, paragraph (1), item (i) (Domestic Source Income)); or

ニin the case where the place where the business of the company, etc. is carried out in the other country does not fall under any of the places listed in (a) through (c), the place where the business is carried out, when taxes are not to be imposed, under the laws and regulations concerning taxes of the country of location, on income arising from business carried out through that place (including a place deemed to be a place where the business is carried out under the laws and regulations concerning taxes of the country of location);

七country of location: the country or region specified in each of the following for the category listed therein (where there are two or more such countries or regions, the country or region specified by Cabinet Order):

イa company, etc. (excluding a flow-through entity): the country or region specified in each of the following for the category of company, etc. listed therein:

（１）a company, etc. on which corporation tax or a tax equivalent to corporation tax is to be imposed under the laws and regulations concerning taxes of a country or region by reason of its having its head office or principal office, or the place where its business is managed and controlled, in that country or region, or having any other similar place in that country or region: that country or region; and

（２）a company, etc. other than a company, etc. listed in (1): the country of establishment of the company, etc.;

ロa flow-through entity (limited to one that is an ultimate parent company, etc. or one on which a tax equivalent to corporation tax on the international minimum tax amount for each covered fiscal year is to be imposed under the laws and regulations concerning taxes of a country or region): its country of establishment; and

ハa permanent establishment, etc.: the country or region specified in each of the following for the category of case listed therein:

（１）in the case where it falls under the permanent establishment, etc. listed in (a) of the preceding item: the other country referred to in (a) of that item;

（２）in the case where it falls under the permanent establishment, etc. listed in (b) of the preceding item: the other country referred to in (b) of that item;

（３）in the case where it falls under the permanent establishment, etc. listed in (c) of the preceding item: the other country referred to in (c) of that item.

八ownership interest: These mean, out of the interests in a company, etc. that are recorded in the net assets section of that company, etc. under the accounting standards used in preparing the consolidated financial statements, etc., those to which the right to receive a dividend of profits or a right specified by Cabinet Order as being equivalent thereto is attached, and in the case where a company, etc. has a permanent establishment, etc., that company, etc. is deemed to hold an ownership interest in that permanent establishment, etc.

九controlling ownership interest: These mean all of the ownership interests in a company, etc. listed in item (ii), (a), (1) or (2), and in the case where a company, etc. has a permanent establishment, etc., that company, etc. is deemed to hold a controlling ownership interest in that permanent establishment, etc.

十ultimate parent company, etc.: These mean those listed as follows:

イthe ultimate parent company prescribed in item (ii), (a);

ロa company, etc. listed in item (ii), (b).

十一intermediate parent company, etc.: These mean, out of the constituent entities belonging to a specified multinational enterprise group, etc. (excluding those that fall under a permanent establishment, etc.), a constituent entity (excluding an ultimate parent company, etc., a partially-owned parent entity and an investment entity, etc.) that directly or indirectly holds an ownership interest in another constituent entity belonging to that specified multinational enterprise group, etc. or in a jointly controlled entity, etc. pertaining to that specified multinational enterprise group, etc.

十二partially-owned parent entity: These mean, out of the constituent entities belonging to a specified multinational enterprise group, etc. (excluding those that fall under a permanent establishment, etc.), those that satisfy all of the following requirements (excluding an ultimate parent company, etc. and an investment entity, etc.):

イit directly or indirectly holds an ownership interest in another constituent entity belonging to that specified multinational enterprise group, etc. or in a jointly controlled entity, etc. pertaining to that specified multinational enterprise group, etc.;

ロthe ratio calculated pursuant to the provisions of Cabinet Order as the ratio that the sum of the amount that persons other than the other constituent entities belonging to that specified multinational enterprise group, etc. may receive based on the rights pertaining to the ownership interests they hold in that constituent entity (limited to the right to receive a dividend of profits; the same applies in (b)) and the amount that they may receive based on the rights pertaining to the ownership interests in that constituent entity that they hold indirectly through another company, etc. accounts for in the total amount that may be received based on the rights pertaining to the ownership interests in that constituent entity exceeds 20 percent.

十三constituent entity: These mean those listed as follows:

イa company, etc. belonging to an enterprise group, etc. (limited to one listed in item (ii), (a)) (excluding an excluded entity);

ロa permanent establishment, etc. of a company, etc. listed in (a);

ハa company, etc. listed in item (ii), (b) (excluding an excluded entity);

ニa permanent establishment, etc. of a company, etc. listed in (c).

十四excluded entity: These mean the companies, etc. listed as follows:

イa government entity, etc. (meaning a company, etc. all of whose interests are directly or indirectly held by the State or a local government, or a foreign government or a foreign local government (referred to as "countries, etc." in (a)), which satisfies the requirement of having as its main purpose carrying out the roles that countries, etc. should originally play or managing the assets of countries, etc., or any other requirement specified by Cabinet Order);

ロan international organization entity, etc. (meaning a company, etc. held solely by international organizations);

ハa non-profit entity, etc. (meaning a company, etc. that has as its exclusive purpose religion, charity, academic research, arts, education or any other public interest and that satisfies the requirement that, under the laws and regulations concerning taxes of its country of establishment, corporation tax or a tax equivalent to corporation tax is not imposed on the income arising from activities for that public interest (limited to income other than income arising from profit-making business), or any other requirement specified by Cabinet Order, or any other company, etc. specified by Cabinet Order as being similar thereto);

ニa pension fund (meaning the following companies, etc.):

（１）a company, etc. that satisfies the requirement of being operated mainly for the purpose of managing or paying retirement pensions, retirement allowances or other similar remuneration, or any other requirement specified by Cabinet Order;

（２）a company, etc. specified by Cabinet Order as one that carries out business for a company, etc. listed in (1);

ホan investment fund prescribed in item (xvi), (a) that is an ultimate parent company, etc. or a real estate investment company, etc. prescribed in (b) of that item that is an ultimate parent company, etc.;

ヘa company, etc. specified by Ministry of Finance Order as having a close relationship with one or more of the companies, etc. listed in (a) through (e) or anything else specified by Cabinet Order (excluding a company, etc. listed in (d), (2); referred to as a "holding entity, etc." in (f)) through the ownership of interests by that holding entity, etc. or any other cause.

十五jointly controlled entity, etc.: These mean those listed as follows:

イa company, etc. to which the method specified by Ministry of Finance Order as the method of reflecting in the consolidated financial statements, etc. the amount corresponding to the interest held by a company, etc. is applied, or is to be applied, in the consolidated financial statements, etc. of an ultimate parent company, etc., and for which the ratio calculated pursuant to the provisions of Cabinet Order as the ratio that the sum of the amount that the ultimate parent company, etc. may receive based on the rights pertaining to the ownership interests it holds in that company, etc. and the amount that it may receive based on the rights pertaining to the ownership interests in that company, etc. that it holds indirectly through another company, etc. accounts for in the total amount that may be received based on the rights pertaining to the ownership interests in that company, etc. is 50 percent or more (excluding the ultimate parent company, etc. of a specified multinational enterprise group, etc. or anything else specified by Cabinet Order);

ロa company, etc. whose assets and profits and losses are, or are to be, consolidated and stated in the consolidated financial statements, etc. of a company, etc. listed in (a) (excluding an excluded entity);

ハa permanent establishment, etc. of a company, etc. listed in (a) or (b).

十六investment entity, etc.: These mean those listed as follows:

イan investment fund (meaning a company, etc. specified by Cabinet Order as a company, etc. whose purpose is to manage money or other assets received as investments or contributions from multiple persons; the same applies in (c) and (d));

ロa real estate investment company, etc. (meaning a company, etc. specified by Cabinet Order as a company, etc. whose purpose is to manage money or other assets received as investments or contributions from multiple persons mainly as investments in real estate; the same applies in (c) and (d));

ハa company, etc. specified by Cabinet Order as a company, etc. directly or indirectly held by an investment fund or a real estate investment company, etc., or any other company, etc. specified by Cabinet Order as being similar thereto;

ニan insurance investment entity, etc. (meaning, out of those similar to an investment fund or a real estate investment company, etc., one that satisfies the requirement that all of its interests are held by a company, etc. that carries on insurance business in its country of location, or any other requirement specified by Cabinet Order).

十七stateless entity: These mean, out of companies, etc. or permanent establishments, etc., those that have no country of location.

十八stateless constituent entity: These mean, out of constituent entities, those that fall under a stateless entity.

十九minority-owned constituent entity: These mean, out of constituent entities, those for which the ratio calculated pursuant to the provisions of Cabinet Order as the ratio that the sum of the amount that the ultimate parent company, etc. may receive based on the rights pertaining to the ownership interests it holds in that constituent entity and the amount that it may receive based on the rights pertaining to the ownership interests in that constituent entity that it holds indirectly through another company, etc. accounts for in the total amount that may be received based on the rights pertaining to the ownership interests in that constituent entity is 30 percent or less.

二十minority-owned parent constituent entity: These mean a minority-owned constituent entity that directly or indirectly holds the controlling ownership interest in another minority-owned constituent entity (limited to one whose controlling ownership interest is not directly or indirectly held by another minority-owned constituent entity).

二十一minority-owned subsidiary constituent entity: These mean a minority-owned constituent entity whose controlling ownership interest is directly or indirectly held by a minority-owned parent constituent entity.

二十二stateless jointly controlled entity: These mean, out of jointly controlled entities, etc., those that fall under a stateless entity.

二十三minority-owned jointly controlled entity: These mean, out of the jointly controlled entities, etc. listed in item (xv), (b) or (c), those for which the ratio calculated pursuant to the provisions of Cabinet Order as the ratio that the sum of the amount that the jointly controlled entity, etc. listed in (a) of that item pertaining to that jointly controlled entity, etc. may receive based on the rights pertaining to the ownership interests it holds in that jointly controlled entity, etc. listed in (b) or (c) of that item and the amount that it may receive based on the rights pertaining to the ownership interests in that jointly controlled entity, etc. that it holds indirectly through another company, etc. accounts for in the total amount that may be received based on the rights pertaining to the ownership interests in that jointly controlled entity, etc. is 30 percent or less.

二十四minority-owned parent jointly controlled entity: These mean a minority-owned jointly controlled entity that directly or indirectly holds the controlling ownership interest in another minority-owned jointly controlled entity (limited to one whose controlling ownership interest is not directly or indirectly held by another minority-owned jointly controlled entity).

二十五minority-owned subsidiary jointly controlled entity: These mean a minority-owned jointly controlled entity whose controlling ownership interest is directly or indirectly held by a minority-owned parent jointly controlled entity.

二十六individual computed income, etc.: These mean the amount calculated pursuant to the provisions of Cabinet Order, as the amount of income to serve as the basis for calculating the effective tax rate in a country or region, by taking into account the net income or loss for the fiscal year of a constituent entity or a jointly controlled entity, etc. for each covered fiscal year (meaning the amount specified by Cabinet Order as the amount of net income or net loss for the fiscal year of that constituent entity or that jointly controlled entity, etc. that forms the basis for preparing the specified consolidated financial statements, etc. for each covered fiscal year (meaning, for a constituent entity, the consolidated financial statements, etc. listed in (a), and for a jointly controlled entity, etc., the consolidated financial statements, etc. listed in (b)); the same applies in item (xxx)) and other circumstances:

イthe consolidated financial statements, etc. of the ultimate parent company, etc. pertaining to that constituent entity;

ロthe consolidated financial statements, etc. of the jointly controlled entity, etc. listed in item (xv), (a) pertaining to that jointly controlled entity, etc.

二十七individual computed income: These mean, in the case where the individual computed income, etc. exceeds zero, the amount by which it exceeds zero.

二十八individual computed loss: These mean the amount specified in each of the following for the categories of cases listed therein:

イin the case where the individual computed income, etc. is zero: zero;

ロin the case where the individual computed income, etc. is less than zero: the amount by which it falls below zero.

二十九covered taxes: These mean corporation tax on the income of a constituent entity or a jointly controlled entity, etc. and other taxes specified by Cabinet Order.

三十adjusted covered taxes: These mean the amount calculated pursuant to the provisions of Cabinet Order, as the amount of tax to serve as the basis for calculating the effective tax rate in a country or region, by taking into account the amount of covered taxes pertaining to the net income or loss for the fiscal year of a constituent entity or a jointly controlled entity, etc. for each covered fiscal year and other circumstances.

三十一base tax rate: These mean 15 percent.

三十二past covered fiscal year: These mean a covered fiscal year that began before the first day of each covered fiscal year.

三十三tax on a domestic minimum top-up amount: These mean corporation tax on the domestic minimum tax amount for each covered fiscal year and local corporation tax pertaining to that corporation tax, or taxes equivalent thereto in a foreign country.

三十四group international minimum tax report items, etc.: These mean the group international minimum tax report items, etc. prescribed in Article 150-3, paragraph (1) (Provision of Report Matters, etc. Pertaining to Specified Multinational Enterprise Groups, etc.).

三十五group domestic minimum tax report items, etc.: These mean the group domestic minimum tax report items, etc. prescribed in Article 150-3, paragraph (4).