Article 120-3Special Depreciation Methods for Depreciable Assets
第百二十条の三(減価償却資産の特別な償却の方法)
In the case where a Resident has obtained the approval of the competent district director with jurisdiction over the place for tax payment to calculate the amount of depreciation allowance for the Resident's Depreciable Assets set forth in Article 6, items (i) through (viii) (Scope of Depreciable Assets) (excluding those to which the following Article or Article 122 (Depreciation Methods Using Special Depreciation Rates) applies, and the Depreciable Assets set forth in Article 120, paragraph (1), item (i), (b) and item (vi) (Depreciation Methods for Depreciable Assets) and in paragraph (1), item (i), (b) and item (vi) of the preceding Article) by a depreciation method other than the depreciation methods specified in Article 120, paragraph (1), items (i) through (v) or paragraph (1), items (i) through (v) of the preceding Article that have been established according to the category of the asset, in place of those depreciation methods (for the Depreciable Assets set forth in item (iii), (a) of that paragraph (referred to as "mining buildings" in paragraph (3)), excluding the Declining-balance Method and methods equivalent to it; the same applies hereinafter in this paragraph), the Resident may, for the calculation of the amount of depreciation allowance for each year on or after the year in which the date of that approval falls for that asset, select the depreciation method so approved.
居住者は、その有する第六条第一号から第八号まで(減価償却資産の範囲)に掲げる減価償却資産(次条又は第百二十二条(特別な償却率による償却の方法)の規定の適用を受けるもの並びに第百二十条第一項第一号ロ及び第六号(減価償却資産の償却の方法)並びに前条第一項第一号ロ及び第六号に掲げる減価償却資産を除く。)の償却費の額を当該資産の区分に応じて定められている第百二十条第一項第一号から第五号まで又は前条第一項第一号から第五号までに定める償却の方法に代え当該償却の方法以外の償却の方法(同項第三号イに掲げる減価償却資産(第三項において「鉱業用建築物」という。)にあつては、定率法その他これに準ずる方法を除く。以下この項において同じ。)により計算することについて納税地の所轄税務署長の承認を受けた場合には、当該資産のその承認を受けた日の属する年分以後の各年分の償却費の額の計算については、その承認を受けた償却の方法を選定することができる。
A Resident who intends to obtain the approval under the preceding paragraph must submit to the competent district director with jurisdiction over the place for tax payment a written application stating the particulars of the depreciation method the Resident intends to adopt, the reasons for intending to adopt that method, the types of assets for which the Resident intends to calculate the amount of depreciation allowance by that method (for those for which the unit of selection of the depreciation method is the type of facility, the type of facility, and, in the case of a Resident with two or more offices or vessels who intends to select the depreciation method for each office or vessel, those types for each office or vessel; the same applies in the following paragraph), and other particulars specified by Ministry of Finance Order.
Upon the submission of the written application referred to in the preceding paragraph, a district director examines it without delay and approves the depreciation method and type of asset pertaining to the application, or rejects the application when the district director finds that it would be difficult to properly calculate the Resident's amount of real property income, amount of business income, amount of timber income, or amount of miscellaneous income for each year by the depreciation method pertaining to the application (including the case where, if the type of asset pertaining to the application is a mining building, the district director finds that the depreciation method is the Declining-balance Method or a method equivalent to it).
If, after granting the approval under paragraph (1), a district director finds that a special circumstance has arisen that makes it inappropriate to calculate the amount of depreciation allowance for the Depreciable Assets pertaining to that approval by the depreciation method pertaining to that approval, the district director may rescind that approval.
When taking the disposition referred to in the preceding two paragraphs, the district director is to notify the Resident subject to the disposition to that effect in writing.
税務署長は、前二項の処分をするときは、その処分に係る居住者に対し、書面によりその旨を通知する。
If the disposition under paragraph (4) has been made, the effect of that disposition arises with respect to the calculation of the amount of depreciation allowance for the Depreciable Assets pertaining to that disposition when calculating the amount of real property income, the amount of business income, the amount of timber income, or the amount of miscellaneous income for each year on or after the year in which the day of that disposition falls.
A Resident who has received the disposition under paragraph (4) must notify the competent district director with jurisdiction over the place for tax payment in writing, by the Filing Deadline for the income tax for the year in which the day of receiving that disposition falls, of the depreciation method to be used, from among the depreciation methods prescribed in Article 120, paragraph (1) or paragraph (1) of the preceding Article, for each category prescribed in Article 123, paragraph (1) (Choice of Depreciation Methods for Depreciable Assets) (in the case of a Resident with two or more offices or vessels who intends to select the depreciation method for each office or vessel, for each of those categories for each office or vessel), for the Depreciable Assets pertaining to that disposition; provided, however, that this does not apply to the intangible Fixed Assets set forth in Article 120, paragraph (1), item (iv) and paragraph (1), item (iv) of the preceding Article.
Article 121Special Provisions on Depreciation Methods for Replacement Assets
第百二十一条(取替資産に係る償却の方法の特例)
For the calculation of the amount of depreciation allowance for replacement assets, if the approval of the competent district director with jurisdiction over the place for tax payment has been obtained, the replacement method may be selected in place of the depreciation method that has been adopted as specified in Article 120, paragraph (1), item (ii) or Article 120-2, paragraph (1), item (i) or (ii) (Depreciation Methods for Depreciable Assets).
取替資産の償却費の額の計算については、納税地の所轄税務署長の承認を受けた場合には、その採用している第百二十条第一項第二号又は第百二十条の二第一項第一号若しくは第二号(減価償却資産の償却の方法)に定める償却の方法に代えて、取替法を選定することができる。
The replacement method prescribed in the preceding paragraph is a method of depreciating, as the depreciation allowance for each year, the sum of the following amounts:
The amount calculated, for the replacement asset, by the method adopted from among the former straight-line method, the former Declining-balance Method, the straight-line method, and the Declining-balance Method until it reaches 50 percent of its acquisition price (excluding the amount equivalent to the acquisition price of the new asset set forth in the following item for that year and each year preceding it; and where that asset is an asset acquired on or before December 31, 1952, the amount calculated, as provided by Cabinet Order, as the value on January 1, 1953 prescribed in Article 61, paragraph (3) (Acquisition Costs of Assets Acquired Prior to December 31, 1952) of the Act for that asset);
The acquisition price of the new asset, in the case where, because the replacement asset has become unfit for use, it has been replaced in that year with a new asset of the same type and quality that takes its place.
当該取替資産が使用に耐えなくなつたためその年において種類及び品質を同じくするこれに代わる新たな資産と取り替えた場合におけるその新たな資産の取得価額
The replacement assets prescribed in the preceding two paragraphs are those specified by Ministry of Finance Order from among the Depreciable Assets used in a business that gives rise to business income, such as rails and sleepers, that are used in large quantities for the same purpose and a portion of which becomes unfit for use every year and is replaced in approximately equal quantities.
前二項に規定する取替資産とは、事業所得を生ずべき事業の用に供される軌条、枕木その他多量に同一の目的のために使用される減価償却資産で、毎年使用に耐えなくなつたこれらの資産の一部がほぼ同数量ずつ取り替えられるもののうち財務省令で定めるものをいう。
A Resident who intends to obtain the approval under paragraph (1) must submit to the competent district director with jurisdiction over the place for tax payment, by March 15 of the year in which the Resident intends to adopt the replacement method prescribed in paragraph (2) (referred to as the "replacement method" in the following paragraph and Article 132, paragraph (1) (Special Provisions on Depreciation Allowance for Depreciable Assets, etc. Put to Business Use in the Middle of the Year)), a written application stating the type and name of the Depreciable Assets to which the Resident intends to have paragraph (1) apply, the place where they are located, and other particulars specified by Ministry of Finance Order.
If, upon the submission of the written application referred to in the preceding paragraph, a district director finds that it would be difficult to properly calculate the Resident's amount of business income for each year if the calculation of the depreciation allowance for the Depreciable Assets pertaining to the application were made by the replacement method, the district director may reject the application.
If, upon the submission of the written application referred to in paragraph (4), a district director makes a disposition of approval or rejection of the application, the district director notifies the Resident who made the application to that effect in writing.
税務署長は、第四項の申請書の提出があつた場合において、その申請につき承認又は却下の処分をするときは、その申請をした居住者に対し、書面によりその旨を通知する。
If the written application referred to in paragraph (4) has been submitted and no disposition of approval or rejection of the application has been made by December 31 of the year prescribed in that paragraph (if the Resident who submitted the written application dies or becomes Absent From Japan in the middle of that year, by the time of that death or the start of that Absence From Japan), the approval is deemed to have been granted on that day or at that time.
Article 121-2Special Provisions on Depreciation Methods for Lease Rental Assets
第百二十一条の二(リース賃貸資産の償却の方法の特例)
For lease rental assets (meaning Depreciable Assets that are the subject of a pre-amendment lease transaction prescribed in Article 120, paragraph (1), item (vi) (Depreciation Methods for Depreciable Assets) (excluding foreign lease assets prescribed in that item); the same applies hereinafter in this Article), the former lease period straight-line method (meaning a method of depreciating, as the depreciation allowance for each year, the amount calculated by multiplying the amount calculated by dividing the revised acquisition cost of that lease rental asset by the number of months of the revised lease term by the number of months of that revised lease term in that year) may be selected in place of the depreciation method that has been adopted as prescribed in that paragraph or Article 120-2, paragraph (1) (Depreciation Methods for Depreciable Assets).
リース賃貸資産(第百二十条第一項第六号(減価償却資産の償却の方法)に規定する改正前リース取引の目的とされている減価償却資産(同号に規定する国外リース資産を除く。)をいう。以下この条において同じ。)については、その採用している同項又は第百二十条の二第一項(減価償却資産の償却の方法)に規定する償却の方法に代えて、旧リース期間定額法(当該リース賃貸資産の改定取得価額を改定リース期間の月数で除して計算した金額にその年における当該改定リース期間の月数を乗じて計算した金額を各年分の償却費として償却する方法をいう。)を選定することができる。
A Resident who intends to have the provisions of the preceding paragraph apply must submit to the competent district director with jurisdiction over the place for tax payment, by the Filing Deadline for the income tax for the year in which the Resident intends to adopt the former lease period straight-line method prescribed in the preceding paragraph, a written notice stating the type of asset of the lease rental assets to which the Resident intends to have the preceding paragraph apply, as prescribed in Article 120-3, paragraph (2) (Special Depreciation Methods for Depreciable Assets), and other particulars specified by Ministry of Finance Order.
前項の規定の適用を受けようとする居住者は、同項に規定する旧リース期間定額法を採用しようとする年分の所得税に係る確定申告期限までに、同項の規定の適用を受けようとするリース賃貸資産の第百二十条の三第二項(減価償却資産の特別な償却の方法)に規定する資産の種類その他財務省令で定める事項を記載した届出書を納税地の所轄税務署長に提出しなければならない。
The revised acquisition cost prescribed in paragraph (1) means the amount obtained by deducting the guaranteed residual value (meaning the guaranteed amount specified in the contract pertaining to the pre-amendment lease transaction prescribed in that paragraph for that lease rental asset, in the case where, if the disposal value of that lease rental asset at the end of the period of the lease of that lease rental asset specified in that contract (hereinafter in this paragraph referred to as the "lease term") is less than the guaranteed amount specified in the contract pertaining to that pre-amendment lease transaction, the lessee or other person pertaining to that pre-amendment lease transaction is to pay the amount of the shortfall to the lessor, and zero if no such guaranteed amount is specified) from the acquisition price of the lease rental asset to which paragraph (1) applies as of January 1 of the first year to which that paragraph applies (if that lease rental asset was put into lease use after that day, the day on which it was so put into use) (if there is an amount already included as depreciation allowance in necessary expenses in calculating the amount of real property income, the amount of business income, the amount of timber income, or the amount of miscellaneous income for each year up to the year preceding that year, the amount obtained by deducting that amount), and the revised lease term prescribed in paragraph (1) means, of the lease term of the lease rental asset to which that paragraph applies (if that lease rental asset was transferred from another person (excluding a Depreciable Asset prescribed in Article 126, paragraph (2) (Acquisition Price of Depreciable Assets) that was transferred for a reason set forth in the items of Article 60, paragraph (1) (Acquisition Costs of Assets Acquired as Gifts) of the Act), limited to the period on or after the day of that transfer), the period on or after January 1 of the first year to which paragraph (1) applies (if that lease rental asset was put into lease use on or after that day, that lease term).
第一項に規定する改定取得価額とは、同項の規定の適用を受けるリース賃貸資産の当該適用を受ける最初の年の一月一日(当該リース賃貸資産が同日後に賃貸の用に供したものである場合には、当該賃貸の用に供した日)における取得価額(既に償却費としてその年の前年分以前の各年分の不動産所得の金額、事業所得の金額、山林所得の金額又は雑所得の金額の計算上必要経費に算入された金額がある場合には、当該金額を控除した金額)から残価保証額(当該リース賃貸資産の同項に規定する改正前リース取引に係る契約において定められている当該リース賃貸資産の賃貸借の期間(以下この項において「リース期間」という。)の終了の時に当該リース賃貸資産の処分価額が当該改正前リース取引に係る契約において定められている保証額に満たない場合にその満たない部分の金額を当該改正前リース取引に係る賃借人その他の者がその賃貸人に支払うこととされている場合における当該保証額をいい、当該保証額の定めがない場合には零とする。)を控除した金額をいい、第一項に規定する改定リース期間とは、同項の規定の適用を受けるリース賃貸資産のリース期間(当該リース賃貸資産が他の者から移転を受けたもの(法第六十条第一項各号(贈与等により取得した資産の取得費等)に掲げる事由により移転を受けた第百二十六条第二項(減価償却資産の取得価額)に規定する減価償却資産を除く。)である場合には、当該移転の日以後の期間に限る。)のうち第一項の規定の適用を受ける最初の年の一月一日以後の期間(当該リース賃貸資産が同日以後に賃貸の用に供したものである場合には、当該リース期間)をいう。
The number of months referred to in paragraph (1) is calculated in accordance with the calendar, and any fraction of less than one month is counted as one month.
第一項の月数は、暦に従つて計算し、一月に満たない端数を生じたときは、これを一月とする。
Article 122Depreciation Methods Using Special Depreciation Rates
第百二十二条(特別な償却率による償却の方法)
With regard to the calculation of the amount of depreciation allowance for those Depreciable Assets (excluding leased assets set out in Article 120-2, paragraph (1), item (vi) (Depreciation Methods for Depreciable Assets)) that are fishing nets, metals commonly used for type, or other assets specified by Ministry of Finance Order, a Resident may choose, in place of the depreciation method prescribed in Article 120, paragraph (1) (Depreciation Methods for Depreciable Assets) or Article 120-2, paragraph (1) that the Resident has adopted, a method of depreciating by treating the amount calculated by multiplying the acquisition price of the asset by a depreciation rate certified for that asset by the competent regional commissioner with jurisdiction over the place for tax payment as the amount of depreciation allowance for each year.
減価償却資産(第百二十条の二第一項第六号(減価償却資産の償却の方法)に掲げるリース資産を除く。)のうち、漁網、活字に常用されている金属その他財務省令で定めるものの償却費の額の計算については、その採用している第百二十条第一項(減価償却資産の償却の方法)又は第百二十条の二第一項に規定する償却の方法に代えて、当該資産の取得価額に当該資産につき納税地の所轄国税局長の認定を受けた償却率を乗じて計算した金額を各年分の償却費の額として償却する方法を選定することができる。
A Resident who intends to obtain the certification referred to in the preceding paragraph must submit to the competent regional commissioner with jurisdiction over the place for tax payment, through the competent district director with jurisdiction over the place for tax payment, a written application stating the type and name of the Depreciable Asset to which the Resident intends the provisions of that paragraph to apply, the place where it is located, and other particulars specified by Ministry of Finance Order, with attached documents stating the matters that are to form the basis for calculating the depreciation rate pertaining to that certification.
When a written application referred to in the preceding paragraph is submitted, the regional commissioner is to examine it without delay and certify the depreciation rate of the Depreciable Asset pertaining to the application.
国税局長は、前項の申請書の提出があつた場合には、遅滞なく、これを審査し、その申請に係る減価償却資産の償却率を認定するものとする。
Where, after giving the certification referred to in paragraph (1), the regional commissioner finds that special grounds have arisen that make it inappropriate to calculate the amount of depreciation allowance for the Depreciable Asset referred to in that paragraph using the depreciation rate pertaining to that certification, the regional commissioner may change that depreciation rate.
When making a disposition under the preceding two paragraphs, the regional commissioner is to notify the Resident pertaining to that certification to that effect in writing.
国税局長は、前二項の処分をするときは、その認定に係る居住者に対し、書面によりその旨を通知する。
Where a disposition under paragraph (3) or (4) has been made, the effect of that disposition is to arise in the calculation of the amount of depreciation allowance for the Depreciable Asset pertaining to that disposition when calculating the amount of real property income, amount of business income, or amount of miscellaneous income for each year on or after the year that includes the date of that disposition.
depreciation allowancemachine translation
「償却費」
The depreciation of a depreciable asset worked out under Article 49, paragraph (1) of the Income Tax Act.
Defined inArticle 120, paragraph (1)· applies only in this subsection
former straight-line methodmachine translation
「旧定額法」
In Article 120 and the rules on calculating depreciation, the method of depreciating an asset each year by multiplying its acquisition cost less its residual value by a rate set for its useful life, so that the depreciation is the same every year.
Defined inArticle 120, paragraph (1), item (i), (a), (1)· applies only in this division
former declining-balance methodmachine translation
「旧定率法」
In Article 120 and the rules on calculating depreciation, the method of depreciating an asset each year by multiplying its acquisition cost (from the second year, less the depreciation already counted as necessary expenses) by a rate set for its useful life, so that the depreciation falls by a fixed proportion each year.
Defined inArticle 120, paragraph (1), item (i), (a), (2)· applies only in this division and in Part 2, Chapter 1, Section 4, Subsection 4, Division 3
foreign lease assetmachine translation
「国外リース資産」
In Article 120, paragraphs (1) and (2), a depreciable asset leased to a nonresident or foreign corporation under a lease transaction as defined in Article 184-2, paragraph (1) of the Order for Enforcement of the Income Tax Act as it stood before Cabinet Order No. 82 of 2007 — other than one used only for their business in Japan — which is depreciated by the old foreign lease period straight-line method.
Defined inArticle 120, paragraph (1), item (vi)· applies only in this paragraph and in Article 120, paragraph (2)
straight-line methodmachine translation
「定額法」
In the subdivisions on depreciation methods and the calculation of depreciation, the straight-line method: depreciating an asset each year by multiplying its acquisition price by a rate for its useful life set so that the depreciation is the same every year.
Defined inArticle 120-2, paragraph (1), item (i), (a), (1)· applies only in this division
declining-balance methodmachine translation
「定率法」
In the subdivisions on depreciation methods and the calculation of depreciation, the declining-balance method: depreciating an asset each year by multiplying its acquisition price, less the depreciation already counted as necessary expenses, by a rate for its useful life set so that the depreciation falls each year by a fixed proportion — one minus twice the straight-line rate (2.5 times for assets acquired on or before 31 March 2012) — and, once that amount falls below the guaranteed depreciation amount, applying a revised rate to the revised acquisition price so that it stays the same each year.
Defined inArticle 120-2, paragraph (1), item (i), (a), (2)· applies only in this division
mining buildingmachine translation
「鉱業用建築物」
A depreciable asset used in mining (鉱業用減価償却資産) that is a building with its attached facilities, or a structure, acquired on or after 1 April 2016.
Short name set inArticle 120-3, paragraph (1)· applies only in this provision and in Article 120-3, paragraph (3)
replacement methodmachine translation
「取替法」
A method of depreciating replacement assets (取替資産), described in Article 121, paragraph (2): depreciation by the method in use until half the acquisition price is written off, plus, in a year when worn-out assets are replaced with new ones of the same kind and quality, the acquisition price of the new assets; a resident needs the district tax office director's (税務署長) approval to adopt it.
Short name set inArticle 121, paragraph (4)· applies only in this provision and in Article 121, paragraph (5); and Article 132, paragraph (1)
lease rental assetmachine translation
「リース賃貸資産」
A depreciable asset leased out under a pre-amendment lease transaction (改正前リース取引, a lease transaction as Article 184-2, paragraph (1) of the Order for Enforcement of the Income Tax Act defined it before Cabinet Order No. 82 of 2007), other than a foreign leased asset (国外リース資産) leased to a nonresident or foreign corporation; for it the owner may choose the old lease period straight-line method of depreciation.
Defined inArticle 121-2, paragraph (1)· applies only in this article
lease termmachine translation
「リース期間」
The period for which an asset is leased, as set in the contract for the lease transaction.
Short name set inArticle 121-2, paragraph (3)· applies only in this paragraph
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 as a reference.
lease
賃貸借
A contract in which one party, the lessor (賃貸人), agrees to let the other use a thing and take what it yields, and the other party, the lessee (賃借人), agrees to pay rent for it and to return it when the contract ends (Civil Code, Article 601). It ends when the thing can no longer be used at all, for example because it has been destroyed (Article 616-2), and where a lease is cancelled the cancellation takes effect only from then on (Article 620). For land held in order to own a building, and for buildings, the Act on Land and Building Leases sets special rules (特別の定め) on how long a lease lasts, how it is renewed and what effect it has, among other things (Article 1).
Written by AI using Civil Code, Arts. 601, 616-2, 620 and Act on Land and Building Leases, Art. 1 as a reference.
lessee
賃借人
The party to a lease (賃貸借) who uses a thing, such as land or a building, pays rent for it and must return it when the contract ends; in everyday words, the tenant (Civil Code, Article 601). The lessee needs the lessor's (賃貸人) consent to transfer the lease or to sublet the thing (Article 612, paragraph (1)).
Written by AI using Civil Code, Arts. 601, 612 as a reference.
lessor
賃貸人
The party to a lease (賃貸借) who lets the other party use a thing, such as land or a building, in return for rent; in everyday words, the landlord (Civil Code, Article 601). The lessee (賃借人) may not transfer the lease, or sublet the thing, without the lessor's consent, and where the lessee lets a third party use it without that consent, the lessor may cancel the contract (Article 612).
Written by AI using Civil Code, Arts. 601, 612 as a reference.
regional commissioner
国税局長
The head of a regional taxation bureau (国税局), the National Tax Agency's regional office, which oversees the tax offices of its region (Act for Establishment of the Ministry of Finance, Articles 23 and 24). Collection can be taken over from a district director (Act on General Rules for National Taxes, Article 43, paragraph (3)), and a person who objects to what a regional commissioner has decided can ask the commissioner to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 23, 24 and Act on General Rules for National Taxes, Arts. 43, 75 as a reference.