Article 16Special Provisions on the Time of Transfers, etc. of Assets Pertaining to Transfers on Deferred Payment Terms of Assets Giving Rise to Timber Income or Capital Gains of Individual Business Operators
第十六条（個人事業者の山林所得又は譲渡所得の基因となる資産の延払条件付譲渡に係る資産の譲渡等の時期の特例）
Where an individual business operator has made a transfer, etc. of assets that falls under a transfer on deferred payment terms of assets giving rise to timber income or capital gains prescribed in Article 132, paragraph (1) (Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) of the Income Tax Act (hereinafter in this Article referred to as a "transfer on deferred payment terms"), if that individual business operator (including its heir; the same applies hereafter in this Article) has obtained the permission for deferred payment under that paragraph for all or part of the amount of income tax pertaining to that transfer on deferred payment terms, then, for the part of that transfer on deferred payment terms that pertains to installments of that transfer on deferred payment terms whose payment due dates do not arrive in the taxable period that includes the day on which that transfer on deferred payment terms was made (excluding installments received in that taxable period), the individual business operator may deem that it did not make a transfer, etc. of assets in that taxable period, and deduct the amount of consideration pertaining to that part from the amount of consideration pertaining to that transfer on deferred payment terms in that taxable period.
個人事業者が所得税法第百三十二条第一項（延払条件付譲渡に係る所得税額の延納）に規定する山林所得又は譲渡所得の基因となる資産の延払条件付譲渡に該当する資産の譲渡等（以下この条において「延払条件付譲渡」という。）を行つた場合において、当該個人事業者（その相続人を含む。以下この条において同じ。）が当該延払条件付譲渡に係る所得税の額の全部又は一部につき同項の延納の許可を受けたときは、当該延払条件付譲渡のうち当該延払条件付譲渡に係る賦払金の額で当該延払条件付譲渡をした日の属する課税期間においてその支払の期日が到来しないもの（当該課税期間において支払を受けたものを除く。）に係る部分については、当該個人事業者が当該課税期間において資産の譲渡等を行わなかつたものとみなして、当該部分に係る対価の額を当該課税期間における当該延払条件付譲渡に係る対価の額から控除することができる。
The part that is deemed under the preceding paragraph not to have been the subject of a transfer, etc. of assets in the taxable period that includes the day on which the transfer on deferred payment terms was made is deemed to be the subject of a transfer, etc. of assets made, as provided by Cabinet Order, by that individual business operator in each taxable period that includes the due date for payment of the installments pertaining to that transfer on deferred payment terms, for the part pertaining to each such installment; provided, however, that where, with respect to the amount of income tax pertaining to the transfer on deferred payment terms, the permission for deferred payment referred to in the preceding paragraph is rescinded pursuant to Article 135, paragraph (1) (Cancelling Deferments for Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) of the Income Tax Act, this does not apply to the taxable periods on or after the taxable period that includes the day on which the permission for deferred payment was rescinded.
An individual business operator that intends to be subject to the application of paragraph (1) is to make a note to that effect on the return under Article 45, paragraph (1) for the taxable period for which it intends to be subject to that application and for each taxable period for which it intends to be subject to the application of the main clause of the preceding paragraph (including a return filed after the due date prescribed in Article 18, paragraph (2) (Filing of a Return after the Due Date) of the Act on General Rules for National Taxes that pertains to that return; the same applies in Article 17, paragraph (4) and Article 18, paragraph (2)).
In addition to what is provided for in the preceding paragraph, special provisions on the time of transfers, etc. of assets pertaining to a transfer on deferred payment terms in the case where an individual business operator to which paragraph (1) applies has died or has become subject to the application of the main clause of Article 9, paragraph (1), and other matters necessary for the application of paragraph (1) or (2), are specified by Cabinet Order.