Order for Enforcement of the Consumption Tax Act

The date specified by Cabinet Order prescribed in Article 57-2, paragraph (2) of the Act is the day 15 days before the first day of the taxable period prescribed in that paragraph, counting from that first day.

Where, with regard to a business operator that has submitted the written application under Article 57-2, paragraph (2) of the Act by the date specified by Cabinet Order prescribed in that paragraph pursuant to the second sentence of that paragraph, registration under paragraph (3) of that Article (meaning the registration under paragraph (1) of that Article; the same applies hereinafter through Article 70-12) is made after the first day of the taxable period prescribed in Article 57-2, paragraph (2) of the Act, the business operator is deemed to have received registration on that day.

Where a business operator that intends to receive registration has submitted, by the last day of the taxable period that includes the day on which it commenced business or another taxable period specified by Ministry of Finance Order, the written application under Article 57-2, paragraph (2) of the Act stating that it intends to receive registration from the first day of that taxable period, and registration under paragraph (3) of that Article is made, the business operator is deemed to have received registration from the first day of that taxable period.

The matters specified by Cabinet Order prescribed in Article 57-2, paragraph (4) of the Act are the following:

name or title, and registration number;

date of registration;

in the case of a corporation (excluding an association or foundation without legal personality), the location of its head office or principal office;

The publication under Article 57-2, paragraph (4), (9) or (11) or Article 57-3, paragraph (5) of the Act is to be made, using the Internet, by a method of providing information systematically organized so that users can easily search it.

The day specified by Cabinet Order prescribed in Article 57-2, paragraph (10), item (i) of the Act is the day 15 days before the first day of the taxable period following the taxable period that includes the day on which the written notification under that item was submitted, counting from that first day.

An heir prescribed in Article 57-3, paragraph (3) of the Act who intends to be subject to the application of that paragraph must state, in the written notification under paragraph (1) of that Article, that the heir has succeeded to the business of the qualified invoice issuer by inheritance.

Where an heir prescribed in Article 57-3, paragraph (3) of the Act who is subject to the application of that paragraph has submitted the written application under Article 57-2, paragraph (2) of the Act to the district director having jurisdiction over its place for tax payment during the deemed registration period prescribed in Article 57-3, paragraph (3) of the Act, and, by the last day of that deemed registration period, there has been no notice of the registration relating to that written application or of the disposition under Article 57-2, paragraph (5) of the Act, Article 57-3, paragraph (3) of the Act is applied by deeming the period from the day following that last day until that notice reaches the heir to be the deemed registration period prescribed in Article 57-3, paragraph (3) of the Act.

With regard to the application of Article 57-3, paragraph (3) of the Act to an heir who has succeeded by inheritance to the business of a qualified invoice issuer prescribed in Article 57-3, paragraph (1) of the Act (limited to a person who has submitted a written notification under Article 57-2, paragraph (10), item (i) of the Act), in Article 57-3, paragraph (3) of the Act, the phrase "the earlier of the day preceding the day on which that heir received the registration under paragraph (1) of the preceding Article and" is deemed to be replaced with "the earliest of the day preceding the day on which that heir received the registration under paragraph (1) of the preceding Article,"; the phrase "the day on which four months have elapsed from the day following the day on which the qualified invoice issuer concerned in that inheritance died" is deemed to be replaced with "the day on which four months have elapsed from the day following the day on which the qualified invoice issuer concerned in that inheritance died, and the day preceding the day on which the registration under paragraph (1) of that Article relating to that qualified invoice issuer ceases to be effective pursuant to paragraph (10) of that Article (limited to the part relating to item (i))"; and the phrase "item (i)" is deemed to be replaced with "that item".

With regard to the application of Article 36, paragraph (1) of the Act to an heir prescribed in Article 57-3, paragraph (3) of the Act who is subject to the application of that paragraph (limited to a business operator that, on the day preceding the first day of the deemed registration period prescribed in that paragraph, is exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) of the Act), in Article 36, paragraph (1) of the Act, the phrase "or Article 12, paragraph (5)" is deemed to be replaced with "Article 12, paragraph (5) or Article 57-3, paragraph (3)".

With regard to the application of Article 36, paragraph (5) of the Act to an heir prescribed in Article 57-3, paragraph (3) of the Act who is subject to the application of that paragraph (limited to a business operator that, on the day following the last day of the deemed registration period prescribed in that paragraph, is exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) of the Act), in Article 36, paragraph (5) of the Act, the phrase "the day preceding the first day of the taxable period in which it became subject to the application of that paragraph" is deemed to be replaced with "the last day of the deemed registration period prescribed in Article 57-3, paragraph (3)"; the phrase "the taxable period that includes that preceding day" with "the deemed registration period"; the phrase "in that taxable period" with "in the deemed registration period"; and the phrase "for that taxable period" with "for the taxable period that includes the last day of that deemed registration period".

The cases specified by Cabinet Order prescribed in Article 57-4, paragraph (1) of the Act are the following cases:

a case where, pursuant to Article 18, paragraph (1) of the Act, a transfer, etc. of assets (limited to one relating to an advance payment) is deemed to have been conducted on the day on which the amount of consideration for that transfer, etc. of assets was received;

a case where, pursuant to Article 60, paragraph (2) of the Act, a transfer, etc. of assets is deemed to have been conducted on the last day of the fiscal year in which the consideration for that transfer, etc. of assets is to be received (limited to the case where that transfer, etc. of assets is conducted on or after the day following that day);

a case where, pursuant to Article 74, paragraph (2), a transfer, etc. of assets is deemed to have been conducted on the last day of the taxable period in which the consideration for that transfer, etc. of assets is to be received (limited to the case where that transfer, etc. of assets is conducted on or after the day following that day).

The taxable transfers, etc. of assets specified by Cabinet Order prescribed in the proviso to Article 57-4, paragraph (1) of the Act are the following taxable transfers, etc. of assets (excluding those that fall under a specified transfer, etc. of assets; the same applies hereinafter in this paragraph, Article 70-12 and Article 70-14, paragraph (5)):

those of the following provisions of services for which the tax-inclusive price relating to the provision of the services (meaning the tax-inclusive price prescribed in Article 57-4, paragraph (1), item (iv) of the Act) is less than 30,000 yen:

transportation of passengers conducted as the general regular passenger route business prescribed in Article 2, paragraph (5) (Definitions) of the Marine Transportation Act, the regular passenger and cargo route business prescribed in paragraph (7) of that Article (excluding that which, in response to the demand of specified persons, transports a specified range of persons) and the general irregular route business prescribed in paragraph (9) of that Article (limited to that which transports passengers on a shared basis);

transportation of passengers conducted as the general shared-ride passenger motor vehicle transportation business prescribed in Article 3, item (i), (a) (Types) of the Road Transportation Act (Act No. 183 of 1951);

transportation of passengers conducted as the Type 1 railway business prescribed in Article 2, paragraph (2) (Definitions) of the Railway Business Act or the Type 2 railway business prescribed in paragraph (3) of that Article;

transportation of passengers conducted as the transportation business prescribed in Article 3 (Licensing of Business) of the Act on Rail Tracks;

among taxable transfers, etc. of assets conducted through a person engaged in business relating to intermediation or brokerage, such as taxable transfers, etc. of assets conducted by auction or bidding in a wholesale market (meaning a wholesale market that has received the authorization under Article 4, paragraph (1) (Authorization of Central Wholesale Market) or Article 13, paragraph (1) (Authorization of Regional Wholesale Market) of the Wholesale Market Act (Act No. 35 of 1971), or another wholesale market that meets the standards established by the Minister of Agriculture, Forestry and Fisheries in consultation with the Minister of Finance as being similar to these (limited to one that has been confirmed by the Minister of Agriculture, Forestry and Fisheries); the same applies in (a)), the following:

the transfer, in a wholesale market, of fresh food products, etc. (meaning fresh food products, etc. prescribed in Article 2, paragraph (1) of the Wholesale Market Act) conducted by a wholesaler prescribed in Article 2, paragraph (4) (Definitions) of that Act as business of conducting wholesale prescribed in that paragraph (limited to that conducted upon being commissioned by a shipper to sell for wholesale);

the transfer of agricultural, forestry and fishery products (limited to that conducted without identifying the person who conducts the transfer of those agricultural, forestry and fishery products) conducted by a cooperative prescribed in Article 4 (Legal Personality) of the Agricultural Co-operatives Act, Article 2 (Types of Cooperatives) of the Fishery Industry Cooperative Act (Act No. 242 of 1948) or Article 4, paragraph (1) (Purpose of Business, etc.) of the Forestry Cooperative Act (Act No. 36 of 1978) (including those specified by Ministry of Finance Order as similar to these cooperatives), upon being commissioned to sell by a member or other constituent of the cooperative (limited to that where no sales conditions are attached and settlement of the sales proceeds is made by a method specified by Ministry of Finance Order);

in addition to those listed in the preceding two items, taxable transfers, etc. of assets specified by Ministry of Finance Order as those for which the amount of consideration for the taxable transfer, etc. of assets is ordinarily small and which are conducted for an unspecified and large number of persons, and for which it is extremely difficult to deliver a qualified invoice in light of the circumstances of the transaction, such as that the taxable transfer, etc. of assets is conducted through a vending machine.

The cases specified by Cabinet Order prescribed in the proviso to Article 57-4, paragraph (3) of the Act are the following cases:

a case where a taxable transfer, etc. of assets set forth in the items of the preceding paragraph is conducted;

a case where the tax-inclusive price prescribed in Article 38, paragraph (1) of the Act relating to the refund, etc. of consideration for sales prescribed in that paragraph is less than 10,000 yen.

The method specified by Cabinet Order prescribed in Article 57-4, paragraph (1), item (v) of the Act is any of the methods set forth in the following items. In this case, where a fraction of less than one yen arises in the amount calculated by a method set forth in those items, that fraction is to be rounded.

a method of calculating by multiplying the total of the tax-exclusive prices relating to the taxable transfers, etc. of assets prescribed in Article 57-4, paragraph (1), item (iv) of the Act, classified by each different tax rate, by 10/100 (8/100 where that total relates to a taxable transfer, etc. of assets subject to the reduced rate);

a method of calculating by multiplying the total of the tax-inclusive prices relating to the taxable transfers, etc. of assets prescribed in Article 57-4, paragraph (1), item (iv) of the Act, classified by each different tax rate, by 10/110 (8/108 where that total relates to a taxable transfer, etc. of assets subject to the reduced rate).

The businesses specified by Cabinet Order prescribed in Article 57-4, paragraph (2) of the Act are the following businesses:

retail business, restaurant business, photography business and travel business;

the general passenger vehicle transportation business prescribed in Article 3, item (i), (c) (Types) of the Road Transportation Act (excluding that to which apply fares, etc. approved by the Minister of Land, Infrastructure, Transport and Tourism under Article 9-3, paragraph (1) (Fares and Charges for General Passenger Vehicle Transportation Business) of that Act as being such that acceptance of the transportation of passengers conducted as that general passenger vehicle transportation business is conducted only at business offices (meaning fares, etc. prescribed in that paragraph; the same applies hereinafter in this item), or fares, etc. fixed pursuant to paragraph (3) of that Article);

parking lot business (limited to that which provides a place for parking automobiles or other vehicles to an unspecified and large number of persons);

a business similar to the businesses set forth in the preceding three items that conducts transfers, etc. of assets to an unspecified and large number of persons.