Order for Enforcement of the Consumption Tax Act

The electronic or magnetic records specified by Cabinet Order prescribed in Article 59-2, paragraph (1) of the Act are the following electronic or magnetic records retained by a business operator:

the purchase record information prescribed in Article 8, paragraph (2) of the Act and the customs confirmation information prescribed in paragraph (3) of that Article;

the electronic or magnetic record set forth in Article 30, paragraph (9), item (ii) of the Act;

the electronic or magnetic record prescribed in Article 57-4, paragraph (5) of the Act;

the electronic or magnetic record prescribed in Article 86, paragraph (2) (Tax Exemption for Taxable Transfers, etc. of Assets to Foreign Diplomatic Missions, etc.) of the Act on Special Measures Concerning Taxation;

the electronic or magnetic record prescribed in Article 52, paragraph (1) and Article 53, paragraph (1) (Transitional Measures Concerning Tax Credit for Taxable Purchases Made from Persons Other Than Qualified Invoice Issuers) of the Supplementary Provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016);

the electronic or magnetic record prescribed in Article 49, paragraphs (7) and (10);

the electronic or magnetic record prescribed in Article 50, paragraph (2);

the electronic or magnetic record that is to be retained pursuant to the second sentence of Article 70-12, paragraph (1) and the second sentence of paragraph (5) of that Article;

other electronic or magnetic records specified by Ministry of Finance Order.

The amount calculated as provided by Cabinet Order as the amount of tax based on the fact relating to matters recorded in an electronic or magnetic record prescribed in Article 59-2, paragraph (1) of the Act is, of the amount of tax that is to be the basis for calculating the amount of penalty tax for understatement or the amount of penalty tax for failure to file under Article 65 (Penalty Tax for Understatement) or Article 66 (Penalty Tax for Failure to File) of the Act on General Rules for National Taxes, the amount of tax specified in the relevant item for the category of cases listed in the following items:

in the case where there is a fact not concealed or disguised prescribed in Article 68, paragraph (1) or (2) (Heavy Penalty Tax) of the Act on General Rules for National Taxes (hereinafter in this item referred to as a "fact not concealed or disguised"): the amount of tax obtained by deducting, from the tax payable under Article 35, paragraph (2) (Payment of National Tax using the Self-Assessment System) of that Act on the basis of a return filed after the due date, etc. (meaning the return filed after the due date, etc. prescribed in Article 59-2, paragraph (1) of the Act; the same applies hereinafter in this item and the following item) on the assumption that a return filed after the due date, etc. had been made based solely on that fact not concealed or disguised and the fact relating to matters recorded in an electronic or magnetic record (meaning the fact relating to matters recorded in an electronic or magnetic record prescribed in Article 59-2, paragraph (1) of the Act; the same applies in the following item) (hereinafter in this item and the following item referred to as "tax payable"), the tax payable on the basis of a return filed after the due date, etc. on the assumption that a return filed after the due date, etc. had been made based solely on that fact not concealed or disguised;

in a case other than that set forth in the preceding item: the tax payable on the basis of a return filed after the due date, etc. on the assumption that a return filed after the due date, etc. had been made based solely on the fact relating to matters recorded in an electronic or magnetic record.

Where Article 59-2, paragraph (1) of the Act applies, for the purpose of the application of Article 15, paragraph (2), item (xiv) (Establishment of Tax Liability and Determination of the Payable Tax Amount), Article 35, paragraph (3) and Article 73, paragraph (1), item (ii) (Suspension of Completion and Renewal of Prescription) of the Act on General Rules for National Taxes, and Article 27-3 (Penalty Tax for Understatement, etc. to Be Substituted for Heavy Penalty Tax Where Increased Penalty Tax for Understatement, etc. Is Imposed) and Article 28, paragraphs (1) and (2) (Calculation of the Amount of Tax for the Part on Which Heavy Penalty Tax Is Not Imposed) of the Order for Enforcement of the Act on General Rules for National Taxes (Cabinet Order No. 135 of 1962), in Article 15, paragraph (2), item (xiv) of that Act, the phrase "(Heavy Penalty Tax)" is deemed to be replaced with "(Heavy Penalty Tax) or Article 59-2, paragraph (1) of the Consumption Tax Act (Special Provisions on Heavy Penalty Tax Concerning Matters Recorded in Electronic or Magnetic Records)"; in Article 35, paragraph (3) and Article 73, paragraph (1), item (ii) of that Act, the "or" before paragraph (4), "又は" (or), is deemed to be replaced with "若しくは" (or, joining a smaller group of alternatives), and the phrase "(Heavy Penalty Tax)" with "(Heavy Penalty Tax) or Article 59-2, paragraph (1) of the Consumption Tax Act (Special Provisions on Heavy Penalty Tax Concerning Matters Recorded in Electronic or Magnetic Records)"; in Article 27-3, paragraph (1) of that Order, the "or" after Article 68, paragraph (1), "又は" (or), is deemed to be replaced with "若しくは" (or, joining a smaller group of alternatives), and the phrase "(Heavy Penalty Tax)" with "(Heavy Penalty Tax) or Article 59-2, paragraph (1) of the Consumption Tax Act (limited to the part concerning heavy penalty tax under Article 68, paragraph (1) of the Act) (Special Provisions on Heavy Penalty Tax Concerning Matters Recorded in Electronic or Magnetic Records)"; in Article 27-3, paragraph (2) of that Order, the "or" after Article 68, paragraph (2), "又は" (or), is deemed to be replaced with "若しくは" (or, joining a smaller group of alternatives), and the phrase "limited to the part concerning heavy penalty tax under paragraph (2) of that Article" with "limited to the part concerning heavy penalty tax under paragraph (2) of that Article) or Article 59-2, paragraph (1) of the Consumption Tax Act (limited to the part concerning heavy penalty tax under Article 68, paragraph (2) of the Act"; in Article 28, paragraph (1) of that Order, the phrase "paragraph (4) of that Article" is deemed to be replaced with "paragraph (4) of that Article or Article 59-2, paragraph (1) of the Consumption Tax Act (Special Provisions on Heavy Penalty Tax Concerning Matters Recorded in Electronic or Magnetic Records)"; and in Article 28, paragraph (2) of that Order, the phrase "paragraph (4) of that Article" is deemed to be replaced with "paragraph (4) of that Article or Article 59-2, paragraph (1) of the Consumption Tax Act".

Beyond what is prescribed in the preceding three paragraphs, necessary matters concerning the application of Article 59-2, paragraph (1) of the Act are specified by Ministry of Finance Order.

The special account specified by Cabinet Order prescribed in the proviso to Article 60, paragraph (1) of the Act is a special account that conducts transfers, etc. of assets exclusively to the general account of the national government or local government that establishes that special account.

Where a partial-affairs association prescribed in Article 285 (Joint Handling of Mutually Related Affairs) of the Local Autonomy Act (Act No. 67 of 1947) establishes a special account and conducts a business other than those listed in the following items, if the partial-affairs association has, pursuant to Article 287-3, paragraph (1) (Special Provisions on Partial-Affairs Associations under Article 285) of that Act, established in its articles of association a special provision on the method of resolution on matters relating to that business, then for the purpose of applying Article 60 of the Act to that business, that business is deemed to be a business conducted as operations relating to the general account prescribed in the main clause of paragraph (1) of that Article.

the businesses listed in the items of Article 46 (Public Enterprises) of the Order for Enforcement of the Local Government Finance Act (Cabinet Order No. 267 of 1948) and other businesses for which laws and regulations make it mandatory to establish a special account for accounting for the revenue and expenditure relating to the business;

a business relating to an enterprise prescribed in Article 2, paragraph (3) (Scope of Enterprises Subject to This Act) of the Local Public Enterprise Act (Act No. 292 of 1952), to which all or part of the provisions of that Act are applied pursuant to that paragraph;

a business that mainly conducts the transfer or lease of assets for consideration (excluding the businesses set forth in the preceding two items);

the businesses of local horse racing under the Horse Racing Act (Act No. 158 of 1948), bicycle racing under the Bicycle Racing Act (Act No. 209 of 1948), auto racing under the Auto Racing Act (Act No. 208 of 1950) and motorboat racing under the Motorboat Racing Act (Act No. 242 of 1951).

With regard to the application of Article 60 of the Act to the businesses set forth in items (iii) and (iv) of the preceding paragraph that an association of local governments under Article 1-3, paragraph (3) (Types of Local Governments) of the Local Autonomy Act conducts by establishing a general account, those businesses are deemed to be businesses conducted by establishing a special account as prescribed in the main clause of Article 60, paragraph (1) of the Act.

With regard to transfers, etc. of assets, taxable purchases and the taking out of taxable goods from a bonded area conducted by the national government or a local government, a transfer, etc. of assets may be treated as having been conducted on the last day of the fiscal year in which the consideration for it is to be received pursuant to Article 1-2 (Classification of Revenue by Fiscal Year) of the Imperial Ordinance on Budget, Final Accounts and Accounting (Imperial Ordinance No. 165 of 1947) or Article 142 (Classification of Revenue by Fiscal Year) of the Order for Enforcement of the Local Autonomy Act (Cabinet Order No. 16 of 1947) (including provisions specifying special rules for these provisions), and a taxable purchase and the taking out of taxable goods from a bonded area may be treated as having been conducted on the last day of the fiscal year in which the costs of them are to be paid pursuant to Article 2 (Classification of Expenditure by Fiscal Year) of the Imperial Ordinance on Budget, Final Accounts and Accounting or Article 143 (Classification of Expenditure by Fiscal Year) of the Order for Enforcement of the Local Autonomy Act (including provisions specifying special rules for these provisions).

The corporation specified by Cabinet Order as a corporation equivalent to the national government or a local government prescribed in Article 60, paragraph (3) of the Act is, among the corporations listed in Appended Table 3 of the Act, a corporation whose method of accounting treatment specified in laws and regulations or in its articles of incorporation, deed of endowment, rules or regulations (hereinafter in this Article referred to as "articles of incorporation, etc.") is equivalent to the method of accounting treatment of the national government or a local government and that has obtained the approval of the district director having jurisdiction over its place for tax payment for being subject to the application of that paragraph.

With regard to transfers, etc. of assets, taxable purchases and the taking out of taxable goods from a bonded area conducted by a corporation that has received the approval under the preceding paragraph, they may be treated as having been conducted on the last day of the taxable period in which the consideration for the transfer, etc. of assets is to be received and of the taxable period in which the costs of the taxable purchase and of the taking out of taxable goods from a bonded area are to be paid, as provided in the laws and regulations concerning that corporation's method of accounting treatment or in its articles of incorporation, etc.

A corporation that intends to obtain the approval under paragraph (1) must submit to the district director having jurisdiction over its place for tax payment a written application stating the method of accounting treatment specified in its laws and regulations or articles of incorporation, etc. and other matters specified by Ministry of Finance Order, with a copy of those articles of incorporation, etc. attached.

Where a written application under the preceding paragraph is submitted, the district director is to examine it without delay and approve the application of paragraph (2), or reject the application if the district director finds that the method of accounting treatment specified in the laws and regulations or articles of incorporation, etc. relating to the application is not equivalent to the method of accounting treatment of the national government or a local government.

After having given the approval under paragraph (1), the district director may rescind that approval where the district director finds that special circumstances have arisen that make it inappropriate to follow the method of accounting treatment specified in the laws and regulations or articles of incorporation, etc. relating to the approval.

When taking a disposition under the preceding two paragraphs, the district director is to notify the corporation concerned of that fact in writing.

Where the approval under paragraph (1) or the rescission of the approval under paragraph (5) is made, the effect of that disposition is to arise for each taxable period on or after the taxable period that includes the day on which those dispositions were made.

Where a corporation that has received the approval under paragraph (1) intends to cease to be subject to the application of paragraph (2), it must submit to the district director having jurisdiction over its place for tax payment a written notification stating that fact and other matters specified by Ministry of Finance Order.

Where a written notification under the preceding paragraph is submitted, the approval under paragraph (1) ceases to be effective for each taxable period on or after the taxable period that includes the day on which it was submitted.