第六十一条の三(売買目的有価証券の評価益又は評価損の益金又は損金算入等)
With regard to securities held by a domestic corporation as of the end of a business year, the amounts prescribed in the following items, in accordance with the category of the securities listed as follows, are to be their fair value at that time:
Securities for Buying and Selling (meaning the securities specified by Cabinet Order as those acquired for the purpose of profit from short-term price fluctuations; hereinafter the same applies through paragraph (3)): the amount evaluated by the fair value method (meaning the method by categorizing securities held as of the end of a business year by issue and calculating the current value of securities of the same issue as specified by Cabinet Order, and thereby deeming the calculated amount to be their fair value at that time) with regard to the securities for Buying and Selling (referred to as the "fair value" in the following paragraph); or
securities not for buying and selling (meaning securities other than securities for buying and selling):The amount evaluated by the cost method (meaning the method deeming that the book value of the securities held as of the end of a business year (hereinafter referred to as "securities held at the end of the period" in this item) at that time (with regard to securities with provisions concerning the redemption date and redemption price, the amount adding or subtracting the portion of the difference between the book value and the redemption price that is to be allotted to the business year, as specified by Cabinet Order) to be the fair value at that time of the securities held at the end of the period).
In the case where a domestic corporation holds securities for Buying and Selling as of the end of a business year, the valuation gain therefrom (meaning, in the case where the fair value of the securities for Buying and Selling exceeds their book value at that time (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 a valuation loss therefrom (meaning, in the case where the book value at the end of the period of the securities for Buying and Selling 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, notwithstanding the provisions of Article 25, paragraph (1) (Exclusion of Asset Valuation Gains from Gross Profits) or Article 33, paragraph (1) (Exclusion of Valuation Loss on Assets from Deductible Expenses).
内国法人が事業年度終了の時において売買目的有価証券を有する場合には、当該売買目的有価証券に係る評価益(当該売買目的有価証券の時価評価金額が当該売買目的有価証券のその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(当該売買目的有価証券の期末帳簿価額が当該売買目的有価証券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(資産の評価益の益金不算入)又は第三十三条第一項(資産の評価損の損金不算入)の規定にかかわらず、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 securities for Buying and Selling 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), the amount equivalent to the valuation gain or valuation loss on the securities for Buying and Selling 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).
Disposition of valuation gain or loss prescribed in paragraph (2) 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.
第六十一条の四(有価証券の空売り等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 the Short Selling of Securities prescribed in Article 61-2, paragraph (21) (Inclusion of Capital Gains or Losses on Securities in Gross Profits or Deductible Expenses) (referred to as "Short Selling of Securities" in the following paragraph), the margin transaction prescribed in paragraph (22) of the Article (referred to as a "margin transaction" in the following paragraph and paragraph (3)), the when issued transaction prescribed in paragraph (22) of the Article (referred to as a "when issued transaction" in the following paragraph and paragraph (3)), or the underwriting of securities (meaning concluding a contract, on the occasion of soliciting an application for the acquisition of newly issued securities, or of making an offer to sell or soliciting an offer to buy already issued securities, to acquire all or part of such securities for the purpose of having them acquired by others, or, where there is no other person to acquire all or part of such securities, to acquire the remainder, and excluding the underwriting of securities for the purpose of acquiring securities not for buying and selling as prescribed in paragraph (1), item (ii) of the preceding Article; the same applies in the following paragraph), when any of such transactions have not been settled as of the end of a business year, the amount equivalent to the profit or loss calculated, as specified by Ministry of Finance Order, by deeming that such transactions were settled at that 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.
内国法人が第六十一条の二第二十一項(有価証券の譲渡益又は譲渡損の益金又は損金算入)に規定する有価証券の空売り(次項において「有価証券の空売り」という。)、同条第二十二項に規定する信用取引(次項及び第三項において「信用取引」という。)、同条第二十二項に規定する発行日取引(次項及び第三項において「発行日取引」という。)又は有価証券の引受け(新たに発行される有価証券の取得の申込みの勧誘又は既に発行された有価証券の売付けの申込み若しくはその買付けの申込みの勧誘に際し、これらの有価証券を取得させることを目的としてこれらの有価証券の全部若しくは一部を取得すること又はこれらの有価証券の全部若しくは一部につき他にこれを取得する者がない場合にその残部を取得することを内容とする契約をすることをいい、前条第一項第二号に規定する売買目的外有価証券の取得を目的とするものを除く。次項において同じ。)を行つた場合において、これらの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があるときは、その時においてこれらの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 short selling, etc. (meaning Short Selling of Securities, margin transactions, when issued transactions and the underwriting of securities; hereinafter the same applies in this paragraph) 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 a 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 pertaining to the short selling, etc. 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 securities based on a contract for a margin transaction, etc. (meaning a margin transaction (limited to buying) and a when issued transaction (limited to buying); hereinafter the same applies in this paragraph) (excluding the case where the domestic corporation has acquired the securities based on a contract for a margin transaction, etc. 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 securities as of the time of the acquisition and the amount that the domestic corporation paid as the consideration for the acquisition of the securities based on a contract for margin transactions, etc. 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.
Division 2 Amount Equivalent to Profit or Loss on Derivative Transactions
第二目 デリバティブ取引に係る利益相当額又は損失相当額
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.