Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Cabinet Order comes into effect as of January 1, 1986.
この政令は、昭和六十一年一月一日から施行する。
Supplementary Provisions, Article 2Transitional Measures Concerning Nontaxability of Interest Income from Postal Savings
第二条(郵便貯金の利子所得の非課税に関する経過措置)
The provisions of Articles 30-3 and 30-11 of the Order for Enforcement of the Income Tax Act as amended by the provisions of Article 1 (hereinafter referred to as the "New Order") apply to interest on postal savings prescribed in Article 9-2, paragraph (1) of the Income Tax Act (Act No. 33 of 1965) as amended by the provisions of Article 2 of the Act Partially Amending the Act on Special Measures Concerning Taxation and the Income Tax Act (Act No. 7 of 1985; hereinafter referred to as the "Amending Act") (the Income Tax Act as so amended is hereinafter referred to as the "New Act") that is to be received on or after the date of enforcement of this Cabinet Order (hereinafter referred to as the "Effective Date"), and the provisions then in force continue to govern interest on postal savings that is to be received before the Effective Date.
第一条の規定による改正後の所得税法施行令(以下「新令」という。)第三十条の三及び第三十条の十一の規定は、この政令の施行の日(以下「施行日」という。)以後に支払を受けるべき租税特別措置法及び所得税法の一部を改正する法律(昭和六十年法律第七号。以下「改正法」という。)第二条の規定による改正後の所得税法(昭和四十年法律第三十三号。以下「新法」という。)第九条の二第一項に規定する郵便貯金の利子について適用し、施行日前に支払を受けるべき郵便貯金の利子については、なお従前の例による。
The provisions of Articles 30-4 through 30-10, Article 30-12 and Article 30-13 of the New Order apply to postal savings that are deposited on or after the Effective Date.
新令第三十条の四から第三十条の十まで、第三十条の十二及び第三十条の十三の規定は、施行日以後に預入をする郵便貯金について適用する。
The cases specified by Cabinet Order prescribed in Article 27, paragraph (3) of the Supplementary Provisions of the Amending Act are cases where ordinary postal savings, etc. prescribed in Article 30-4 of the New Order pertaining to the passbook prescribed in that paragraph that was issued before the Effective Date (hereinafter referred to as "ordinary postal savings, etc." in this paragraph) are deposited on or after the Effective Date and the case falls under any of the following items.
改正法附則第二十七条第三項に規定する政令で定める場合は、施行日前に交付を受けた同項に規定する通帳に係る新令第三十条の四に規定する通常郵便貯金等(以下この項において「通常郵便貯金等」という。)を施行日以後に預入をする場合で次の各号のいずれかに該当する場合とする。
Where ordinary postal savings, etc. pertaining to a passbook that has already received a seal indicating confirmation under Article 9-2, paragraph (2) of the New Act pursuant to Article 27, paragraph (3) of the Supplementary Provisions of the Amending Act are deposited;
既に改正法附則第二十七条第三項の規定により新法第九条の二第二項の規定による確認した旨の証印を受けた通帳に係る通常郵便貯金等の預入をする場合
Where a deposit specified by Ministry of Finance Order, such as a deposit by transfer of interest on government bonds, pensions and annuities, is made (limited to cases where the deposit is made on or before December 31, 1988; the same applies in the following item);
国債の利子、恩給及び年金の振替預入その他の大蔵省令で定める預入をする場合(昭和六十三年十二月三十一日までに預入をする場合に限る。次号において同じ。)
Where a deposit specified by Ministry of Finance Order, such as a deposit through an automated teller machine installed at a post office, is made.
郵便局に設置された自動預払機による預入その他の大蔵省令で定める預入をする場合
With regard to the application of Article 30-9 of the New Order in the case where a person who has been issued, before the Effective Date, a passbook-type fixed-amount postal savings certificate, etc. prescribed in Article 30-9, paragraph (1) of the New Order deposits, on or after the Effective Date, postal savings to be recorded on that passbook-type fixed-amount postal savings certificate, etc., the phrase "upon being issued" in paragraph (1) of that Article is deemed to be replaced with "that was issued before January 1, 1986, upon depositing, on or after that date, postal savings to be recorded on it", and the phrase "that has been deposited" in paragraph (3) of that Article is deemed to be replaced with "that has been deposited (including postal savings specified by Ministry of Finance Order that were deposited by transfer from ordinary postal savings before receiving the seal indicating that confirmation)".
施行日前に新令第三十条の九第一項に規定する通帳式定額郵便貯金証書等の交付を受けている者が施行日以後に当該通帳式定額郵便貯金証書等に記載される郵便貯金の預入をする場合における同条の規定の適用については、同条第一項中「の交付を受ける際」とあるのは「で昭和六十一年一月一日前に交付を受けているものに記載される郵便貯金を同日以後に預入をする際」と、同条第三項中「預入がされたもの」とあるのは「預入がされたもの(当該確認した旨の証印を受ける前に通常郵便貯金からの振替により預入がされた大蔵省令で定める郵便貯金を含む。)」とする。
Supplementary Provisions, Article 3Transitional Measures Concerning Nontaxability of Interest Income and Similar Income from Small Deposits
第三条(少額預金の利子所得等の非課税に関する経過措置)
The provisions of Part I, Chapter II, Section 4 of the New Order apply to the Deposits and Savings, Jointly Managed Trusts or Securities prescribed in Article 10, paragraph (1) of the New Act (hereinafter referred to as "deposits and similar savings" in this Article) for which deposit, entrustment or purchase (hereinafter referred to as "placement" in this Article) is made on or after the Effective Date.
Where deposits and similar savings that are deemed, pursuant to the provisions of Article 28, paragraph (3) of the Supplementary Provisions of the Amending Act, to have been the subject of placement in accordance with the requirements of Article 10 of the New Act are based on an ordinary deposit contract, etc. prescribed in Article 35, paragraph (1) of the Order for Enforcement of the Income Tax Act prior to amendment by the Cabinet Order Partially Amending the Order for Enforcement of the Income Tax Act (Cabinet Order No. 314 of 1981; hereinafter referred to as the "1981 Amending Order" in this paragraph) (hereinafter referred to as the "Former Order for Enforcement of the Income Tax Act"), which is to remain in force pursuant to the provisions of Article 3, paragraph (2) of the Supplementary Provisions of the 1981 Amending Order prior to amendment by the provisions of Article 11 of the Supplementary Provisions, the application to exempt savings from taxation under Article 35, paragraph (1) of the Former Order for Enforcement of the Income Tax Act pertaining to those deposits and similar savings is deemed to be an application to exempt savings from taxation under Article 35, paragraph (1) of the New Order stating the classification of deposits and similar savings prescribed in Article 35, paragraph (1) of the New Order and the limit on the current balance of those deposits and similar savings (where an application to exempt savings from taxation under Article 35, paragraph (2) of the Former Order for Enforcement of the Income Tax Act has been submitted, the limit after the change).
改正法附則第二十八条第三項の規定により新法第十条の要件に従つて預入等をしたものとみなされる預貯金等が附則第十一条の規定による改正前の所得税法施行令の一部を改正する政令(昭和五十六年政令第三百十四号。以下この項において「昭和五十六年改正令」という。)附則第三条第二項の規定によりなおその効力を有するものとされる昭和五十六年改正令による改正前の所得税法施行令(以下「旧所得税法施行令」という。)第三十五条第一項に規定する普通預金契約等に基づくものであるときは、当該預貯金等に係る同項の非課税貯蓄申込書は、新令第三十五条第一項に規定する預貯金等の区分及びその預貯金等の現在高に係る限度額(旧所得税法施行令第三十五条第二項の規定による非課税貯蓄申込書が提出されている場合には、変更後の限度額)が記載された新令第三十五条第一項の非課税貯蓄申込書とみなす。
With regard to the retention of the application forms prescribed in Article 48, paragraph (1) of the Former Order for Enforcement of the Income Tax Act, the books prescribed in paragraph (3) of that Article, the copies of the return forms prescribed in paragraph (4) of that Article, and the documents and books prescribed in paragraph (5) of that Article, which were received or prepared before the Effective Date and pertain to the former Deposits and Savings prescribed in Article 28, paragraph (3) of the Supplementary Provisions of the Amending Act, the provisions then in force continue to govern.
施行日前に受理し、又は作成した改正法附則第二十八条第三項に規定する旧預貯金等に係る旧所得税法施行令第四十八条第一項に規定する申込書、同条第三項に規定する帳簿及び同条第四項に規定する申告書の写し並びに同条第五項に規定する書面及び帳簿の保存については、なお従前の例による。
A return form for the acceptance of deposits at the place of employment prescribed in Article 49, paragraph (1) of the Former Order for Enforcement of the Income Tax Act that was submitted before the Effective Date (excluding one for which a notification has been made, pursuant to paragraph (2) of that Article, to the effect that savings falling under Deposits and Savings will no longer be managed) is deemed to be the written notice under Article 50, paragraph (1) of the New Order that was submitted on the Effective Date pursuant to that paragraph.
The cases specified by Cabinet Order prescribed in Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act are cases where, at the business office of a financial institution or other such place prescribed in Article 10, paragraph (1) of the New Act (hereinafter referred to as the "business office of a financial institution or other such place" in this Article) through which the former statement of tax-exempt savings prescribed in Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act (hereinafter referred to as the "former statement of tax-exempt savings" in this Article) was submitted, placement is made on or after the Effective Date of deposits and similar savings for which application of Article 10, paragraph (1) of the New Act is sought and the case falls under any of the following items, and cases where, on or after the Effective Date, the return form under Article 10, paragraph (4) of the New Act is submitted with regard to that former statement of tax-exempt savings.
Where placement is made, on or after the day on which the statement of tax-exempt savings under Article 10, paragraph (3) of the New Act that was submitted through that business office of a financial institution or other such place was submitted, at that business office of a financial institution or other such place, of the deposits and similar savings under item (ii) of that paragraph stated in that statement;
Where, based on a contract relating to ordinary deposits or other Deposits and Savings specified by Ministry of Finance Order (limited to one for which an application to exempt savings from taxation under Article 35, paragraph (1) of the New Order stating the matters required by that paragraph has been submitted), a deposit specified by Ministry of Finance Order, such as a deposit by transfer of interest on or distributions of proceeds from the former Deposits and Savings prescribed in Article 28, paragraph (3) of the Supplementary Provisions of the Amending Act (hereinafter referred to as "former Deposits and Savings" in this paragraph), is made (limited to cases where the deposit is made by the earlier of the day on which, with regard to that application to exempt savings from taxation, an application to exempt savings from taxation under Article 35, paragraph (2) of the New Order is submitted under that paragraph and a day on or before December 31, 1988);
普通預金その他大蔵省令で定める預貯金に係る契約(新令第三十五条第一項の規定による記載をした同項の非課税貯蓄申込書が提出されているものに限る。)に基づき改正法附則第二十八条第三項に規定する旧預貯金等(以下この項において「旧預貯金等」という。)の利子又は収益の分配の振替預入その他の大蔵省令で定める預入をする場合(当該非課税貯蓄申込書につき新令第三十五条第二項の規定による同項の非課税貯蓄申込書の提出をする日又は昭和六十三年十二月三十一日までの日のいずれか早い日までに預入をする場合に限る。)
Where, under a contract relating to former Deposits and Savings (limited to Deposits and Savings; the same applies hereinafter in this item) that agrees in advance that, on the expiration date of the deposit period fixed in the contract, the sum of the interest received on those former Deposits and Savings and the principal relating to those former Deposits and Savings, or an amount equivalent to that principal, will continue to be deposited as the same type of Deposits and Savings, that deposit is made (limited to the first such deposit made on or after the Effective Date);
Where, under a contract relating to former Deposits and Savings that agrees in advance that the principal of other deposits and similar savings, or interest on or distributions of proceeds from them, will be placed, that placement is made, and the case is one specified by Ministry of Finance Order as being equivalent to item (ii) or the preceding item.
An individual for whom the placement of deposits and similar savings prescribed in the preceding paragraph, made on or after the Effective Date at the business office of a financial institution or other such place through which the former statement of tax-exempt savings was submitted, has come to fall under the case set forth in item (iii) or item (iv) of that paragraph must, except where, during the period from the day of that placement to December 31, 1990, the individual has submitted the statement of tax-exempt savings under Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act with regard to that former statement of tax-exempt savings pursuant to that paragraph, and except in other cases specified by Ministry of Finance Order, newly submit a statement of tax-exempt savings under Article 10, paragraph (3) of the New Act as provided in that paragraph and paragraph (5) of that Article by the earlier of January 31, 1991 and the day on which, on or after January 1 of that year, the individual first makes placement of deposits and similar savings for which application of Article 10, paragraph (1) of the New Act is sought.
旧非課税貯蓄申告書の提出の際に経由した金融機関の営業所等において施行日以後にした前項に規定する預貯金等の預入等が同項第三号又は第四号に掲げる場合に該当することとなつた個人は、当該預入等をした日から昭和六十五年十二月三十一日までの間に、当該旧非課税貯蓄申告書につき改正法附則第二十八条第五項の規定により同項の非課税貯蓄申告書を提出した場合その他大蔵省令で定める場合を除き、昭和六十六年一月三十一日又は同月一日以後最初に新法第十条第一項の規定の適用を受けようとする預貯金等の預入等をする日のいずれか早い日までに新たに同条第三項の非課税貯蓄申告書を同項及び同条第五項に定めるところにより提出しなければならない。
The provisions of the second sentence of Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act apply mutatis mutandis to the submission of the statement of tax-exempt savings referred to in the preceding paragraph. In this case, the phrase "the day on which that placement is made" in Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act is deemed to be replaced with "the submission deadline prescribed in Article 3, paragraph (6) of the Supplementary Provisions of the Cabinet Order Partially Amending the Order for Enforcement of the Income Tax Act and the Order for Enforcement of the Act on Special Measures Concerning Taxation (Cabinet Order No. 124 of 1985)".
改正法附則第二十八条第五項後段の規定は、前項の非課税貯蓄申告書の提出について準用する。この場合において、同条第五項中「当該預入等をする日」とあるのは、「所得税法施行令及び租税特別措置法施行令の一部を改正する政令(昭和六十年政令第百二十四号)附則第三条第六項に規定する提出期限」と読み替えるものとする。
Where a statement of tax-exempt savings is submitted pursuant to the provisions of Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act or paragraph (6) of this Article, and the maximum limitation in the former statement of tax-exempt savings (hereinafter referred to as the "former maximum amount" in this paragraph and the following paragraph) has a fraction of less than 10,000 yen (including where the former maximum amount is less than 10,000 yen), the maximum limitation set forth in Article 10, paragraph (3), item (iii) of the New Act to be stated in that statement of tax-exempt savings is to be the amount after rounding up or rounding down that fraction, notwithstanding Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act (including as applied mutatis mutandis pursuant to the preceding paragraph). In this case, where the sum of that maximum limitation and the maximum limitation set forth in Article 10, paragraph (3), item (iv) of the New Act to be stated in that statement of tax-exempt savings comes to exceed 3,000,000 yen, that statement of tax-exempt savings cannot be submitted.
改正法附則第二十八条第五項の規定又は第六項の規定によりこれらの規定に規定する非課税貯蓄申告書を提出する場合において、旧非課税貯蓄申告書の最高限度額(以下この項及び次項において「旧最高限度額」という。)に一万円未満の端数があるとき(旧最高限度額が一万円未満であるときを含む。)は、当該非課税貯蓄申告書に記載する新法第十条第三項第三号に掲げる最高限度額は、改正法附則第二十八条第五項(前項において準用する場合を含む。)の規定にかかわらず、その端数を切り上げ、又は切り捨てた後の金額によるものとする。この場合において、当該最高限度額と当該非課税貯蓄申告書に記載すべき新法第十条第三項第四号に掲げる最高限度額との合計額が三百万円を超えることとなるときは、当該非課税貯蓄申告書は提出することができない。
In the case referred to in the preceding paragraph, when the statement of tax-exempt savings referred to in that paragraph is submitted, it is deemed that a return form under Article 10, paragraph (4) of the New Act changing the former maximum amount to the maximum limitation stated in that statement of tax-exempt savings has been submitted.
When the business office of a financial institution or other such place receives a statement of tax-exempt savings newly submitted pursuant to the provisions of Article 28, paragraph (5) of the Supplementary Provisions of the Amending Act or paragraph (6) of this Article and prescribed in those provisions, it must state in that statement that it was submitted pursuant to those provisions and the date of submission of the former statement of tax-exempt savings pertaining to that statement.
With regard to the application of Article 47-2 of the New Order to the statement of tax-exempt savings referred to in the preceding paragraph, the phrase "the 10th of the month following the month" in that Article is deemed to be replaced with "the last day of the second month following the month".
Amending Actmachine translation
「改正法」
In the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, short name for the 1985 Act partially amending the Act on Special Measures Concerning Taxation and the Income Tax Act (Act No. 7 of 1985).
Short name set inSupplementary Provisions, Article 2, paragraph (1)
New Ordermachine translation
「新令」
This Cabinet Order as amended by Article 1 of Cabinet Order No. 124 of 1985.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the New Actmachine translation
「新法」
In the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, the Income Tax Act as amended by Article 2 of the 1985 Act partially amending the Act on Special Measures Concerning Taxation and the Income Tax Act (Act No. 7 of 1985).
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Cabinet Order No. 124 of 1985, the amending Cabinet Order these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
ordinary postal savings, etc.machine translation
「通常郵便貯金等」
Ordinary postal savings and the other postal savings that Article 30-4 of this Order as amended by Cabinet Order No. 124 of 1985 names, held under a passbook issued before that Cabinet Order came into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (3)· applies only in this paragraph
placementmachine translation
「預入等」
Depositing, entrusting or buying the deposits, jointly managed trusts or securities covered by the rules on tax-exempt savings in Article 10, paragraph (1) of the Income Tax Act as Act No. 7 of 1985 left it.
Short name set inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article
deposits and similar savingsmachine translation
「預貯金等」
The deposits and savings, jointly managed trusts (合同運用信託) or securities described in Article 10, paragraph (1) of the Income Tax Act as Act No. 7 of 1985 left it.
Short name set inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article
Former Order for Enforcement of the Income Tax Actmachine translation
「旧所得税法施行令」
In Article 3 of the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, the Order for Enforcement of the Income Tax Act as it stood before Cabinet Order No. 314 of 1981 amended it, as kept in force by Article 3, paragraph (2) of that 1981 Cabinet Order's supplementary provisions.
Short name set inSupplementary Provisions, Article 3, paragraph (2)
1981 Amending Ordermachine translation
「昭和五十六年改正令」
In Article 3, paragraph (2) of the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, short name for the 1981 Cabinet Order partially amending the Order for Enforcement of the Income Tax Act (Cabinet Order No. 314 of 1981), as it stood before Article 11 of those supplementary provisions amended it.
Short name set inSupplementary Provisions, Article 3, paragraph (2)· applies only in this paragraph
former statement of tax-exempt savingsmachine translation
「旧非課税貯蓄申告書」
In Article 3 of the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, a former tax-exempt savings declaration as referred to in Article 28, paragraph (5) of the supplementary provisions of the 1985 Act partially amending the Act on Special Measures Concerning Taxation and the Income Tax Act (Act No. 7 of 1985).
Short name set inSupplementary Provisions, Article 3, paragraph (5)· applies only in this article
the business office of a financial institution or other such placemachine translation
「金融機関の営業所等」
The business office or similar place of a financial institution or other body, as Article 10, paragraph (1) of the Income Tax Act as Act No. 7 of 1985 left it refers to, through which a person handed in the old tax-exempt savings declaration (旧非課税貯蓄申告書).
Short name set inSupplementary Provisions, Article 3, paragraph (5)· applies only in this article
former deposits and savingsmachine translation
「旧預貯金等」
In Article 3, paragraph (5) of the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, former deposits and savings as referred to in Article 28, paragraph (3) of the supplementary provisions of the 1985 Act partially amending the Act on Special Measures Concerning Taxation and the Income Tax Act (Act No. 7 of 1985).
Short name set inSupplementary Provisions, Article 3, paragraph (5), item (ii)· applies only in this paragraph
former maximum amountmachine translation
「旧最高限度額」
In Article 3, paragraphs (8) and (9) of the supplementary provisions (附則) of Cabinet Order No. 124 of 1985, the maximum amount stated in a former tax-exempt savings declaration (旧非課税貯蓄申告書).
Short name set inSupplementary Provisions, Article 3, paragraph (8)· applies only in this paragraph and in Supplementary Provisions, Article 3, paragraph (9)