Chapter I-2 Common Provisions on Trustees, etc. of Trusts Subject to Corporate Taxation
第一章の二 法人課税信託の受託者等に関する通則
Article 16Merger or Split, etc. of Trusts Subject to Corporate Taxation
第十六条（法人課税信託の併合又は分割等）
Where a former trust relating to a merger of trusts, or a split trust relating to a trust split (meaning a trust that, by a trust split, transfers part of its trust property to another trust or a new trust; the same applies in the following paragraph), is a Trust Subject to Corporate Taxation (limited to a trust listed in Article 2, item (xxix)-2, (a) or (c) (Definitions) of the Corporation Tax Act; hereinafter in this paragraph referred to as a "specified Trust Subject to Corporate Taxation"), the new trust relating to that merger of trusts, or the other trust or new trust (excluding a Trust Subject to Corporate Taxation) relating to that trust split, is deemed to be a specified Trust Subject to Corporate Taxation.
信託の併合に係る従前の信託又は信託の分割に係る分割信託（信託の分割によりその信託財産の一部を他の信託又は新たな信託に移転する信託をいう。次項において同じ。）が法人課税信託（法人税法第二条第二十九号の二イ又はハ（定義）に掲げる信託に限る。以下この項において「特定法人課税信託」という。）である場合には、当該信託の併合に係る新たな信託又は当該信託の分割に係る他の信託若しくは新たな信託（法人課税信託を除く。）は、特定法人課税信託とみなす。
Where a merger of trusts or a trust split (limited to one by which a single trust transfers part of its trust property to a new trust; hereinafter in this paragraph and the following paragraph referred to as a "single-trust split into a new trust") takes place, in the case where that merger of trusts makes a Trust Subject to Corporate Taxation the new trust, a former trust relating to that merger of trusts (excluding a Trust Subject to Corporate Taxation) is deemed to have come to fall under a Trust Subject to Corporate Taxation immediately before that merger of trusts, and in the case where that single-trust split into a new trust makes a group investment trust (meaning a group investment trust prescribed in Article 13, paragraph (3), item (i) (Attribution of Trust Property Assets and Liabilities and of Proceeds and Expenses Attributable to Trust Property) of the Act; hereinafter the same applies in this paragraph) or a trust taxed on its beneficiaries (meaning a trust in which a beneficiary prescribed in paragraph (1) of that Article (including a person deemed to be a beneficiary prescribed in paragraph (1) of that Article pursuant to paragraph (2) of that Article) is deemed to hold the assets and liabilities belonging to its trust property; hereinafter the same applies in this paragraph) the split trust, and makes a Trust Subject to Corporate Taxation the successor trust (meaning a trust that, by a trust split, receives the transfer of part of the trust property of a split trust; hereinafter the same applies in this paragraph and the following paragraph), that successor trust is deemed to have come to fall under a Trust Subject to Corporate Taxation, from a group investment trust or a trust taxed on its beneficiaries, immediately after that single-trust split into a new trust.
信託の併合又は信託の分割（一の信託が新たな信託に信託財産の一部を移転するものに限る。以下この項及び次項において「単独新規信託分割」という。）が行われた場合において、当該信託の併合が法人課税信託を新たな信託とするものであるときにおける当該信託の併合に係る従前の信託（法人課税信託を除く。）は当該信託の併合の直前に法人課税信託に該当することとなつたものとみなし、当該単独新規信託分割が集団投資信託（法第十三条第三項第一号（信託財産に属する資産及び負債並びに信託財産に帰せられる収益及び費用の帰属）に規定する集団投資信託をいう。以下この項において同じ。）又は受益者等課税信託（同条第一項に規定する受益者（同条第二項の規定により同条第一項に規定する受益者とみなされる者を含む。）がその信託財産に属する資産及び負債を有するものとみなされる信託をいう。以下この項において同じ。）を分割信託とし、法人課税信託を承継信託（信託の分割により分割信託からその信託財産の一部の移転を受ける信託をいう。以下この項及び次項において同じ。）とするものであるときにおける当該承継信託は当該単独新規信託分割の直後に集団投資信託又は受益者等課税信託から法人課税信託に該当することとなつたものとみなす。
Where a trust split by which part of the trust property is transferred to another trust (hereinafter in this paragraph referred to as an "absorption-type trust split") or a trust split by which two or more trusts transfer part of their trust property to a new trust (hereinafter in this paragraph referred to as a "split of two or more trusts into a new trust") takes place, the provisions of the preceding two paragraphs apply by deeming that a single-trust split into a new trust has been carried out that makes a trust whose trust property is the trust property transferred by that absorption-type trust split or split of two or more trusts into a new trust (hereinafter in this paragraph referred to as an "intermediate trust in a split") the successor trust, and that a merger of trusts has been carried out immediately thereafter that makes that intermediate trust in a split and the successor trust (in the case of a split of two or more trusts into a new trust, another intermediate trust in a split) the former trusts.
In addition to what is provided for in the preceding three paragraphs, matters necessary for the application of the provisions of the Act or this Cabinet Order with regard to a trust corporation or the settlor or beneficiary of a Trust Subject to Corporate Taxation are specified by Ministry of Finance Order.
split trustmachine translation
「分割信託」
A trust that, by a split of the trust (信託の分割), transfers part of its trust property to another trust or to a new trust.
Defined inArticle 16, paragraph (1)· applies only in this provision and in Article 16, paragraph (2)
specified trust subject to corporate taxationmachine translation
「特定法人課税信託」
A trust subject to corporate taxation (法人課税信託) of the kind listed in Article 2, item (xxix)-2, (a) or (c) of the Corporation Tax Act — a trust whose terms provide for issuing certificates of its beneficial interests, or a trust a corporation sets up that meets one of the conditions in (c); where such a trust is merged or split, the new or other trust that results is treated as one too.
Short name set inArticle 16, paragraph (1)· applies only in this paragraph
single-trust split into a new trustmachine translation
「単独新規信託分割」
A split of a trust in which one trust transfers part of its trust property to a new trust.
Short name set inArticle 16, paragraph (2)· applies only in this paragraph and in Article 16, paragraph (3)
trust taxed on its beneficiariesmachine translation
「受益者等課税信託」
A trust whose beneficiaries (受益者), including persons treated as beneficiaries under Article 13, paragraph (2) of the Income Tax Act, are treated under Article 13, paragraph (1) of that Act as holding the assets and liabilities of the trust property.
Defined inArticle 16, paragraph (2)· applies only in this paragraph
successor trustmachine translation
「承継信託」
In Article 16, paragraphs (2) and (3), in a trust split (信託の分割), the trust that receives part of the trust property of the trust being split (分割信託).
Defined inArticle 16, paragraph (2)· applies only in this paragraph and in Article 16, paragraph (3)
group investment trustmachine translation
「集団投資信託」
A jointly managed trust (合同運用信託), an investment trust of the kind Article 2, item (xxix), (b) of the Corporation Tax Act lists, or a specified trust issuing beneficiary certificates (特定受益証券発行信託), as Article 13, paragraph (3), item (i) of the Income Tax Act lists.
Defined inArticle 16, paragraph (2)· applies only in this paragraph
absorption-type trust splitmachine translation
「吸収信託分割」
In Article 16, paragraph (3), a trust split (信託の分割) that moves part of a trust's assets into another existing trust; it is treated as a split into a new trust holding the moved assets, followed at once by a consolidation of that new trust with the receiving trust.
Short name set inArticle 16, paragraph (3)· applies only in this paragraph
intermediate trust in a splitmachine translation
「吸収分割中信託」
In Article 16, paragraph (3), the trust treated as holding the assets moved in an absorption-type trust split, or in a split by two or more trusts into a new trust; it is treated as the successor trust of a split into a new trust that is consolidated at once with the receiving trust or the other such trusts.
Short name set inArticle 16, paragraph (3)· applies only in this paragraph
split of two or more trusts into a new trustmachine translation
「複数新規信託分割」
A split of trusts in which two or more trusts each move part of their trust property to a new trust.
Short name set inArticle 16, paragraph (3)· applies only in this paragraph