Article 84-2Special Provisions on Retirement Pension Services in a Succession
第八十四条の二(退職年金業務等の引継ぎをした場合の特例)
In the case where a domestic corporation engaged in retirement pension services, etc. has transferred the whole or a part of its business concerning retirement pension services, etc. or has transferred the whole or a part of its business concerning retirement pension services, etc., as a result of a company split, when the company split or the transfer took place in the middle of the domestic corporation's business year, the amount of retirement pension funds prescribed in paragraph (1) of the preceding Article, for the domestic corporation's business year containing the date of the company split or the transfer, is to be the sum of the amounts listed as follows, notwithstanding the provisions of the paragraph:
the amount obtained by dividing the amount of the retirement pension funds prescribed in paragraph (2) of the preceding Article as of the beginning of the business year of the domestic corporation by 12 and then multiplying the result by the number of months in the period from the first day of the business year to the day preceding the date of the company split or the transfer; and
the amount obtained by dividing the amount of the retirement pension funds prescribed in paragraph (2) of the preceding Article, calculated as of the time of the company split or the transfer, that pertains to retirement pension services, etc. after the succession as a result of the company split or the transfer by 12 and then multiplying the result by the number of months in the period from the date of the company split or the transfer to the last day of the business year.
The number of months set forth in the preceding paragraph is calculated in accordance with the calendar and a division of less than one month is discarded.
前項の月数は、暦に従つて計算し、一月に満たない端数を生じたときは、これを切り捨てる。
Article 85Special Provisions on Retirement Pension Services Succeeded To
第八十五条(退職年金業務等の引継ぎを受けた場合の特例)
In the case where a domestic corporation engaged in retirement pension services, etc. has transferred the whole or a part of its business concerning retirement pension services, etc., or where it has transferred the whole or a part of its business concerning retirement pension services, etc., as a result of a merger or company split, when the merger, company split, or the transfer took place in the middle of the business year of the domestic corporation surviving the merger, in the middle of the business year of the domestic corporation that has succeeded to the business through the company split (excluding a corporation established through the company split), or in the middle of the business year of the domestic corporation that has received the transfer (hereinafter referred to as the "acquiring corporation, etc." in this paragraph), and when the acquiring corporation, etc. has succeeded to the whole or a part of the business concerning retirement pension services, etc., the amount of retirement pension funds prescribed in Article 84, paragraph (1) (Calculation of the Amount of Retirement Pension Funds), for the business year of the acquiring corporation, etc. that contains the date of the merger, company split, or the transfer, is to be the sum of the amounts listed as follows, notwithstanding the provisions of the paragraph:
退職年金業務等を行う内国法人が合併又は分割によりその退職年金業務等に係る事業の全部若しくは一部を移転し、又はその退職年金業務等に係る事業の全部若しくは一部を譲渡した場合において、その合併、分割又は譲渡がその合併後存続する内国法人、その分割により事業の承継を受けた内国法人(その分割により設立された法人を除く。)又はその譲渡を受けた内国法人(以下この項において「合併法人等」という。)の事業年度の中途においてされ、かつ、その合併法人等が当該退職年金業務等に係る事業の全部又は一部を引き継いだときは、その合併法人等のその合併、分割又は譲渡の日の属する事業年度の第八十四条第一項(退職年金等積立金の額の計算)に規定する退職年金等積立金の額は、同項の規定にかかわらず、次に掲げる金額の合計額とする。
the amount obtained by dividing the amount of the retirement pension funds prescribed in Article 84, paragraph (2) as of the beginning of the business year of the acquiring corporation, etc. by 12 and then multiplying the result by the number of months in the business year; and
the amount obtained by dividing the amount of the retirement pension funds prescribed in Article 84, paragraph (2), calculated as of the time of the merger, company split, or the transfer, that pertains to retirement pension services, etc. that the acquiring corporation, etc. has succeeded to as a result of the merger, company split, or the transfer by 12 and then multiplying the result by the number of months in the period from the date of the merger, company split, or the transfer to the last day of the business year.
The number of months set forth in the preceding paragraph is calculated in accordance with the calendar and a division of less than one month is discarded.
前項の月数は、暦に従つて計算し、一月に満たない端数を生じたときは、これを切り捨てる。
Article 86Special Provisions on Abolished Retirement Pension Services
第八十六条(退職年金業務等を廃止した場合の特例)
With regard to the application of the provisions of the preceding three Articles in the case where a domestic corporation engaged in retirement pension services, etc. has abolished its retirement pension services, etc. during a business year prescribed in these Articles, the term "the number of months of the business year" in Article 84, paragraph (1) (Calculation of the Amount of Retirement Pension Funds) is deemed to be replaced with "the number of months in the period from the first day of the business year to the date of the abolition of retirement pension services, etc."; the term "the number of months in the period from the date of the company split or the transfer to the last day of the business year" in Article 84-2, paragraph (1), item (ii) (Special Provisions on Retirement Pension Services in a Succession) is deemed to be replaced with "the number of months in the period from the date of the company split or the transfer to the date of the abolition of retirement pension services, etc."; the term "the number of months in the business year" in paragraph (1), item (i) of the preceding Article is deemed to be replaced with "the number of months in the period from the first day of the business year to the date of the abolition of retirement pension services, etc."; and the term "the number of months in the period from the date of the merger, company split, or the transfer to the last day of the business year" in item (ii) of the paragraph is deemed to be replaced with "the number of months in the period from the date of the merger, company split, or the transfer to the date of the abolition of retirement pension services, etc."
退職年金業務等を行う内国法人が前三条に規定する事業年度において退職年金業務等を廃止した場合におけるこれらの規定の適用については、第八十四条第一項(退職年金等積立金の額の計算)中「当該事業年度の月数」とあるのは「当該事業年度開始の日から退職年金業務等の廃止の日までの期間の月数」と、第八十四条の二第一項第二号(退職年金業務等の引継ぎをした場合の特例)中「その分割又は譲渡の日から当該事業年度終了の日までの期間の月数」とあるのは「その分割又は譲渡の日から退職年金業務等の廃止の日までの期間の月数」と、前条第一項第一号中「当該事業年度の月数」とあるのは「当該事業年度開始の日から退職年金業務等の廃止の日までの期間の月数」と、同項第二号中「その合併、分割又は譲渡の日から当該事業年度終了の日までの期間の月数」とあるのは「その合併、分割又は譲渡の日から退職年金業務等の廃止の日までの期間の月数」とする。
Section 2 Calculation of Tax Amount
第二節 税額の計算
Article 87Tax Rate for Corporation Tax on Retirement Pension Funds
第八十七条(退職年金等積立金に対する法人税の税率)
The amount of corporation tax imposed on a domestic corporation for its retirement pension funds is to be the amount calculated by multiplying the amount of retirement pension funds for each business year by a tax rate of one percent.
Section 3 Filing of Returns and Payment
第三節 申告及び納付
Article 88Interim Returns for Retirement Pension Funds
第八十八条(退職年金等積立金に係る中間申告)
A domestic corporation engaged in retirement pension services, etc. must, when its business year exceeds six months, file a return containing the following matters with the district director of the tax office, within two months after the day on which six months have elapsed from the first day of the business year:
the amount of retirement pension funds calculated by deeming the period of six months after the first day of the business year as one business year, which is the tax base for the period;
当該事業年度開始の日以後六月の期間を一事業年度とみなして計算した場合における当該期間に係る課税標準である退職年金等積立金の額
the amount of corporation tax calculated by applying the provisions of the preceding Article to the amount of retirement pension funds listed in the preceding item; and
the basis of the calculation of the amount listed in the preceding two items and any other matters as specified by Ordinance of the Ministry of Finance.
前二号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 88-2Cases Where an Interim Return for Retirement Pension Funds Is Not Required to Be Filed
第八十八条の二(退職年金等積立金に係る中間申告書の提出を要しない場合)
In the case where, as a result of an extension of the due date relating to returns under the provisions of Article 11 (Extension of Time Limits due to Disasters and Similar Causes) of the Act on General Rules for National Taxes, the due date for filing a return under the preceding Article of a domestic corporation and the due date for filing a return under the following Article for the business year to which the return pertains fall on the same day, the domestic corporation is not required to file a return under the preceding Article for that business year, notwithstanding the provisions of that Article.
Article 89Final Returns for Retirement Pension Funds
第八十九条(退職年金等積立金に係る確定申告)
A domestic corporation engaged in retirement pension services, etc. must file a return containing the following matters to the district director of the tax office, within two months after the day following the last day of each business year:
the amount of retirement pension funds which is the tax base for the business year;
当該事業年度の課税標準である退職年金等積立金の額
the amount of corporation tax calculated by applying the provisions of Article 87 (Tax Rate for Corporation Tax on Retirement Pension Funds) to the amount of retirement pension funds listed in the preceding item.
in the case where the domestic corporation is a corporation that is to file a return under Article 88 (Interim Returns for Retirement Pension Funds) for the business year, the amount that remains after deducting, from the amount of corporation tax listed in the preceding item, the amount of corporation tax that the domestic corporation is to pay under the following Article (including the amount of corporation tax to be paid based on a return filed after the due date for the return or based on a determination made due to the failure to file such returns, and in the case where an amended return has been filed or a reassessment has been made for the amounts, the amount of corporation tax after the amended return was filed or the reassessment was made); and
the basis of the calculation of the amount listed in the preceding three items and any other matters as specified by Ordinance of the Ministry of Finance.
前三号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 90Payment by Interim Return for Retirement Pension Funds
第九十条(退職年金等積立金に係る中間申告による納付)
When a domestic corporation, which has filed a return under Article 88 (Interim Return for Retirement Pension Funds), holds any amount listed in item (ii) of the Article that it entered in the return, it must pay corporation tax equivalent to the amount to the State.
Article 91Payment by Final Return for Retirement Pension Funds
第九十一条(退職年金等積立金に係る確定申告による納付)
When a domestic corporation, which has filed a return under Article 89 (Final Return for Retirement Pension Funds), holds any amount listed in item (ii) of the Article that it entered in the return (in the case falling under the provisions of item (iii) of the Article, any amount listed in the item), it must pay corporation tax equivalent to the amount to the State.
No English for this paragraph yet.
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