Article 40Special Provisions on the Time of Transfers, etc. of Assets Pertaining to Small-Scale Business Operators, etc.
第四十条（小規模事業者等に係る資産の譲渡等の時期の特例）
The time at which transfers, etc. of assets, taxable purchases (excluding those that fall under specified taxable purchases (meaning specified taxable purchases prescribed in Article 5, paragraph (1) of the Act; the same applies hereinafter); the same applies hereinafter in this Article) and specified taxable purchases are made, in the case where an individual business operator that has been subject to the application of Article 18, paragraph (1) of the Act comes not to be subject to that application, is as provided in the following items:
with regard to the portion pertaining to the remainder obtained by deducting, from the total amount of accounts receivable and other claims pertaining to transfers, etc. of assets (hereinafter in this item referred to as "accounts receivable, etc.") as of the day preceding the first day of the taxable period for which Article 18, paragraph (1) of the Act came not to apply, the total amount of accounts receivable, etc. as of the day preceding the first day of the taxable period for which that paragraph came to apply, that individual business operator is deemed to have made transfers, etc. of assets on the day preceding the first day of the taxable period for which that application ceased;
with regard to the portion pertaining to the remainder obtained by deducting, from the total amount of accounts payable and other obligations pertaining to taxable purchases (hereinafter in this item referred to as "accounts payable, etc.") as of the day preceding the first day of the taxable period for which Article 18, paragraph (1) of the Act came not to apply, the total amount of accounts payable, etc. as of the day preceding the first day of the taxable period for which that paragraph came to apply, that individual business operator is deemed to have made taxable purchases on the day preceding the first day of the taxable period for which that application ceased;
with regard to the portion pertaining to the remainder obtained by deducting, from the total amount of accounts payable and other obligations pertaining to specified taxable purchases (hereinafter in this item referred to as "accounts payable, etc.") as of the day preceding the first day of the taxable period for which Article 18, paragraph (1) of the Act came not to apply, the total amount of accounts payable, etc. as of the day preceding the first day of the taxable period for which that paragraph came to apply, that individual business operator is deemed to have made specified taxable purchases on the day preceding the first day of the taxable period for which that application ceased.
In the case referred to in the preceding paragraph, the special provision on the time at which transfers, etc. of assets pertaining to advances received, taxable purchases pertaining to advance payments, or specified taxable purchases pertaining to advance payments are made, the method of treating an amount that cannot be fully deducted where such an amount arises after making the deductions under the items of that paragraph, and other matters necessary for the application of the provisions of that paragraph are specified by Ministry of Finance Order.
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specified taxable purchasemachine translation
「特定課税仕入れ」
Throughout this Order from Article 40 on, a specified taxable purchase as defined in Article 5, paragraph (1) of the Consumption Tax Act: a taxable purchase (課税仕入れ) that is a specified purchase (特定仕入れ), meaning a service a business receives in the course of its business from a foreign business operator (国外事業者), either a service supplied over telecommunications lines that ordinarily only businesses receive, or a performance or other service a Cabinet Order (政令) sets.
Defined inArticle 40, paragraph (1)
accounts receivable, etc.machine translation
「売掛金等」
In Article 40, paragraph (1), item (i), accounts receivable and other claims arising from an individual business operator's transfers, etc. of assets (資産の譲渡等).
Short name set inArticle 40, paragraph (1), item (i)· applies only in this item
accounts payable, etc.machine translation
「買掛金等」
In Article 40, paragraph (1), item (ii), the accounts payable and other debts for taxable purchases (課税仕入れ) that an individual business operator (個人事業者) has on the day before the first day of a taxable period, compared at the start and the end of the time it used the special rule of Article 18, paragraph (1) of the Consumption Tax Act.
Short name set inArticle 40, paragraph (1), item (ii)· applies only in this item
accounts payable, etc.machine translation
「買掛金等」
In Article 40, paragraph (1), item (iii), the accounts payable and other debts for specified taxable purchases (特定課税仕入れ) that an individual business operator (個人事業者) has on the day before the first day of a taxable period, compared at the start and the end of the time it used the special rule of Article 18, paragraph (1) of the Consumption Tax Act.
Short name set inArticle 40, paragraph (1), item (iii)· applies only in this item