Supplementary Provisions, Article 12Transitional Measures Concerning the Timing for Attributing Revenue and Expenses from Transfers under a Lease
第十二条(リース譲渡に係る収入及び費用の帰属の時期に関する経過措置)
The provisions of Articles 188 through 191 (Timing for Attributing Revenue and Expenses Pertaining to Sale on Deferred Payment Terms) of the Former Order (excluding the provisions of Article 188, paragraphs (2) and (3), Article 189, and Article 191, paragraphs (5) through (8) of the Former Order) and Article 292, paragraph (1) (limited to the part pertaining to item (xii)) (Calculation of the Tax Base, etc. of Income Taxes Imposed on Aggregate Income on Income Attributable to a Permanent Establishment) of the Former Order, which are based on the provisions of Article 65 (Timing for Attributing Revenue and Expenses Pertaining to Sale on Deferred Payment Terms) of the Former Act (including where calculated in accordance with Article 165, paragraph (1) (Calculation of the Tax Base, Tax Amount, etc. of Income Taxes Imposed on Aggregate Income) of the Former Act; the same applies hereinafter in this Article) that remains in force pursuant to the provisions of Article 8, paragraph (1) (Transitional Measures Concerning the Timing for Attributing Revenue and Expenses from Transfers under a Lease) of the Supplementary Provisions of the Amending Act, remain in force.
改正法附則第八条第一項(リース譲渡に係る収入及び費用の帰属の時期に関する経過措置)の規定によりなおその効力を有するものとされる旧法第六十五条(延払条件付販売等に係る収入及び費用の帰属時期)(旧法第百六十五条第一項(総合課税に係る所得税の課税標準、税額等の計算)の規定により準じて計算する場合を含む。以下この条において同じ。)の規定に基づく旧令第百八十八条から第百九十一条まで(延払条件付販売等に係る収入及び費用の帰属時期)(旧令第百八十八条第二項及び第三項、第百八十九条並びに第百九十一条第五項から第八項までの規定を除く。)及び第二百九十二条第一項(第十二号に係る部分に限る。)(恒久的施設帰属所得についての総合課税に係る所得税の課税標準等の計算)の規定は、なおその効力を有する。
With regard to the application of the provisions of Article 19 (Special Provisions on Taxation of Business Income, etc. Pertaining to Transfers, etc. of Land) of the Order for Enforcement of the Act on Special Measures Concerning Taxation where the provisions of Article 65 of the Former Act that remain in force pursuant to the provisions of Article 8, paragraph (1) of the Supplementary Provisions of the Amending Act apply, the phrase "or paragraph (2)" in Article 19, paragraph (4) of that Order is deemed to be replaced with "or paragraph (2), or Article 65, paragraph (1) of the Income Tax Act prior to its amendment by the provisions of Article 1 of the Act Partially Amending the Income Tax Act, etc. (Act No. 7 of 2018) that remains in force pursuant to the provisions of Article 8, paragraph (1) of the Supplementary Provisions of that Act (hereinafter referred to as the "Former Income Tax Act Remaining in Force" in this paragraph)", and the phrase "of that Article" is deemed to be replaced with "of Article 65 of the Income Tax Act or Article 65 of the Former Income Tax Act Remaining in Force".
改正法附則第八条第一項の規定によりなおその効力を有するものとされる旧法第六十五条の規定の適用がある場合における租税特別措置法施行令第十九条(土地の譲渡等に係る事業所得等の課税の特例)の規定の適用については、同条第四項中「又は第二項」とあるのは「若しくは第二項の規定又は所得税法等の一部を改正する法律(平成三十年法律第七号)附則第八条第一項の規定によりなおその効力を有するものとされる同法第一条の規定による改正前の所得税法(以下この項において「旧効力所得税法」という。)第六十五条第一項」と、「同条の」とあるのは「所得税法第六十五条又は旧効力所得税法第六十五条の」とする。
Where an individual, before the Effective Date, enters into a contract for a specified sale of assets prescribed in Article 8, paragraph (1) of the Supplementary Provisions of the Amending Act (hereinafter referred to as a "specified sale of assets" in this paragraph and paragraph (6)) that falls under a sale on deferred payment terms prescribed in Article 65, paragraph (3) of the Former Act (referred to as a "sale on deferred payment terms" in paragraph (6)), and delivers or provides the subject matter or services pertaining to that specified sale of assets on or after the Effective Date, then for the purpose of applying the provisions of Article 8, paragraph (1) of the Supplementary Provisions of the Amending Act, that specified sale of assets is deemed to have been carried out before the Effective Date.
Where an individual who is subject to the application of the provisions of Article 8, paragraph (3) of the Supplementary Provisions of the Amending Act dies and an heir succeeds to that individual's business, in calculating the amount of business income of that heir for each year on or after the year that includes the date of that death, the provisions of Article 8, paragraph (3) of the Supplementary Provisions of the Amending Act apply by deeming the entry made by that individual under paragraph (4) of that Article to have been made by that heir. In this case, for the application of the provisions of paragraph (3) of that Article to that heir for the years set forth in the following items, the provisions of the relevant item govern.
改正法附則第八条第三項の規定の適用を受けている個人が死亡した場合において、その個人の事業を相続人が承継したときは、当該相続人のその死亡の日の属する年以後の各年分の事業所得の金額の計算については、当該個人がした同条第四項の記載は当該相続人がしたものとみなして、同条第三項の規定を適用する。この場合において、当該相続人の次の各号に掲げる年分における同項の規定の適用については、当該各号に定めるところによる。
The year that includes the date of death of that individual: the amount calculated by dividing the unrecorded revenue amount and unrecorded expense amount prescribed in Article 8, paragraph (2) of the Supplementary Provisions of the Amending Act that pertain to that individual's application of the provisions of paragraph (3) of that Article (hereinafter referred to respectively as the "unrecorded revenue amount" and the "unrecorded expense amount" in this paragraph) by 120 and multiplying the result by the number of months in the period in that year during which that heir carried on that business is the amount set forth in paragraph (3), item (i) of that Article, those unrecorded revenue amount and unrecorded expense amount are the amount set forth in item (ii), (a) of that paragraph, and the portion of those unrecorded revenue amount and unrecorded expense amount that was included in gross revenue and necessary expenses in the calculation of that individual's amount of business income for each year is the amount set forth in (b) of that item;
Each year on or after the year following the year that includes the date of death of that individual: the amount calculated by dividing the unrecorded revenue amount and unrecorded expense amount pertaining to that individual's application of the provisions of Article 8, paragraph (3) of the Supplementary Provisions of the Amending Act by 120 and multiplying the result by the number of months in the period in that year during which that heir carried on that business is the amount set forth in item (i) of that paragraph, those unrecorded revenue amount and unrecorded expense amount are the amount set forth in item (ii), (a) of that paragraph, and the sum of the portion of those unrecorded revenue amount and unrecorded expense amount that was included in gross revenue and necessary expenses in the calculation of that individual's amount of business income for each year and the portion of them that was included in gross revenue and necessary expenses in the calculation of that heir's amount of business income for each of the year preceding that year and earlier years is the amount set forth in item (ii), (b) of that paragraph.
The number of months referred to in the preceding paragraph is calculated according to the calendar, and where a fraction of less than one month arises, it is discarded.
前項の月数は、暦に従って計算し、一月に満たない端数を生じたときは、これを切り捨てる。
Where an individual who is subject to the application of the provisions of the main clause of Article 65, paragraph (1) of the Former Act that remain in force pursuant to the provisions of Article 8, paragraph (1) of the Supplementary Provisions of the Amending Act with regard to the revenue and expenses pertaining to a specified sale of assets that falls under a sale on deferred payment terms dies, and an heir succeeds to that individual's business and was not subject to the application of the provisions of the main clause of Article 65, paragraph (1) of the Former Act with regard to the revenue and expenses pertaining to that specified sale of assets, the provisions of Article 8, paragraphs (2) and (3) of the Supplementary Provisions of the Amending Act apply by deeming that heir (excluding one who falls under the individual prescribed in Article 8, paragraphs (2) and (3) of the Supplementary Provisions of the Amending Act) to be the individual prescribed in those provisions. In this case, where that heir has accounted for the revenue and expenses pertaining to that specified sale of assets by the deferred payment basis method prescribed in paragraph (2), item (i) of that Article in each year from 2018 through 2023, that heir is deemed not to have accounted for them by the deferred payment basis method prescribed in that item.
延払条件付販売等に該当する特定資産の販売等に係る収入金額及び費用の額につき改正法附則第八条第一項の規定によりなおその効力を有するものとされる旧法第六十五条第一項本文の規定の適用を受けている個人が死亡した場合において、その個人の事業を相続人が承継し、かつ、当該相続人が当該特定資産の販売等に係る収入金額及び費用の額につき同項本文の規定の適用を受けなかったときは、当該相続人(改正法附則第八条第二項及び第三項に規定する個人に該当するものを除く。)を改正法附則第八条第二項及び第三項に規定する個人とみなして、これらの規定を適用する。この場合において、当該相続人が平成三十年から令和五年までの各年において当該特定資産の販売等に係る収入金額及び費用の額につき同条第二項第一号に規定する延払基準の方法により経理したときは、当該相続人は、同号に規定する延払基準の方法により経理しなかったものとみなす。
heirmachine translation
「相続人」
An heir, including, wherever this Cabinet Order uses the word, a universal legatee (包括受遺者): a person to whom a will leaves all or a share of an estate as a whole, rather than particular property.
Defined inArticle 1, paragraph (3)· applies throughout the law
Amending Actmachine translation
「改正法」
In the supplementary provisions (附則) of Cabinet Order No. 131 of 2018, short name for the 2018 Act partially amending the Income Tax Act and other laws (Act No. 7 of 2018).
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Cabinet Order No. 131 of 2018, the amending Cabinet Order these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
Former Ordermachine translation
「旧令」
This Cabinet Order as it stood before Article 1 of Cabinet Order No. 131 of 2018 amended it.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
the Former Actmachine translation
「旧法」
In the supplementary provisions (附則) of Cabinet Order No. 131 of 2018, the Income Tax Act as it stood before Article 1 of the 2018 Act partially amending the Income Tax Act and other laws (Act No. 7 of 2018) amended it.
Short name set inSupplementary Provisions, Article 8, paragraph (1)
sale on deferred payment termsmachine translation
「延払条件付販売等」
In Article 12 of the supplementary provisions (附則) of Cabinet Order No. 131 of 2018, a sale or similar transaction on deferred payment terms as defined in Article 65, paragraph (3) of the Income Tax Act as it stood before Act No. 7 of 2018: a sale of assets or provision of services under a contract by which the price is received in three or more instalments, with two years or more from the day after delivery to the due date of the last instalment, and meeting any other conditions a Cabinet Order (政令) sets, as well as a lease transfer (リース譲渡).
Short name set inSupplementary Provisions, Article 12, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 12, paragraph (6)
specified sale of assetsmachine translation
「特定資産の販売等」
A sale of assets or similar transaction described in Article 8, paragraph (1) of the supplementary provisions (附則) of Act No. 7 of 2018 amending the Income Tax Act and other laws; one that is a sale on deferred payment terms (延払条件付販売等: a sale paid in three or more instalments over two years or more that meets the other requirements a Cabinet Order sets, or a lease transfer, as Article 65, paragraph (3) of the Income Tax Act stood before that Act), contracted before the day Cabinet Order No. 131 of 2018 comes into effect and delivered on or after it, is treated as made before that day.
Short name set inSupplementary Provisions, Article 12, paragraph (3)· applies only in this paragraph and in Supplementary Provisions, Article 12, paragraph (6)
unrecorded revenue amountmachine translation
「未計上収入金額」
In Article 12, paragraph (4) of the supplementary provisions (附則) of Cabinet Order No. 131 of 2018, the unrecorded revenue amount of a deceased individual as defined in Article 8, paragraph (2) of the supplementary provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 7 of 2018): revenue from installment sales of specified assets under the former deferred-payment rules not yet counted in business income for the years before the base year.
Short name set inSupplementary Provisions, Article 12, paragraph (4), item (i)· applies only in this paragraph
unrecorded expense amountmachine translation
「未計上経費額」
In Article 12, paragraph (4) of the supplementary provisions (附則) of Cabinet Order No. 131 of 2018, the unrecorded expense amount of a deceased individual as defined in Article 8, paragraph (2) of the supplementary provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 7 of 2018): expenses of installment sales of specified assets under the former deferred-payment rules not yet counted in business income for the years before the base year.
Short name set inSupplementary Provisions, Article 12, paragraph (4), item (i)· applies only in this paragraph