Article 20-6Special Provisions on the Six-Month Period
第二十条の六(六月の期間の特例)
Where the last day of the six-month period provided for in Article 9-2, paragraph (4), item (ii) of the Act falls under any of the cases listed in the following items, the provisions of that paragraph apply by deeming the period from the first day of the previous business year provided for in item (ii) of that paragraph to the day specified in the relevant item to be that six-month period:
法第九条の二第四項第二号に規定する六月の期間の末日が次の各号に掲げる場合に該当するときは、同項第二号に規定する前事業年度開始の日から当該各号に定める日までの期間を当該六月の期間とみなして、同項の規定を適用する。
where the last day of the six-month period provided for in Article 9-2, paragraph (4), item (ii) of the Act is not the last day of a month (limited to the case where the day on which that previous business year ends (where the day on which it ends has been changed after the last day of that six-month period, the day on which it ended before the change; the same applies in this paragraph) is the last day of a month): the last day of the month preceding the month that includes the last day of that six-month period;
法第九条の二第四項第二号に規定する六月の期間の末日がその月の末日でない場合(当該前事業年度終了の日(当該六月の期間の末日後に当該終了の日の変更があつた場合には、その変更前の終了の日とする。以下この項において同じ。)が月の末日である場合に限る。) 当該六月の期間の末日の属する月の前月の末日
where the last day of the six-month period provided for in Article 9-2, paragraph (4), item (ii) of the Act is not the corresponding end day of that previous business year in the month that includes that day (meaning the day of each month belonging to that previous business year that corresponds to the day on which that previous business year ends; the same applies in this item) (excluding the case where the day on which that previous business year ends is the last day of a month): the corresponding end day immediately preceding the last day of that six-month period.
法第九条の二第四項第二号に規定する六月の期間の末日がその日の属する月の当該前事業年度の終了応当日(当該前事業年度終了の日に応当する当該前事業年度に属する各月の日をいう。以下この号において同じ。)でない場合(当該前事業年度終了の日が月の末日である場合を除く。) 当該六月の期間の末日の直前の終了応当日
Where the last day of the six-month period provided for in Article 9-2, paragraph (4), item (iii) of the Act (excluding the six-month period in the case where the second preceding business year provided for in that item is six months or less) falls under any of the cases listed in the following items, the provisions of that paragraph apply by deeming the period from the first day of the second preceding business year provided for in item (iii) of that paragraph to the day specified in the relevant item to be that six-month period:
法第九条の二第四項第三号に規定する六月の期間(同号に規定する前々事業年度が六月以下である場合における当該六月の期間を除く。)の末日が次の各号に掲げる場合に該当するときは、同項第三号に規定する前々事業年度開始の日から当該各号に定める日までの期間を当該六月の期間とみなして、同項の規定を適用する。
where the last day of the six-month period provided for in Article 9-2, paragraph (4), item (iii) of the Act is not the last day of a month (limited to the case where the day on which that second preceding business year ends (where the day on which it ends has been changed after the last day of that six-month period, the day on which it ended before the change; the same applies in this paragraph) is the last day of a month): the last day of the month preceding the month that includes the last day of that six-month period;
法第九条の二第四項第三号に規定する六月の期間の末日がその月の末日でない場合(当該前々事業年度終了の日(当該六月の期間の末日後に当該終了の日の変更があつた場合には、その変更前の終了の日とする。以下この項において同じ。)が月の末日である場合に限る。) 当該六月の期間の末日の属する月の前月の末日
where the last day of the six-month period provided for in Article 9-2, paragraph (4), item (iii) of the Act is not the corresponding end day of that second preceding business year in the month that includes that day (meaning the day of each month belonging to that second preceding business year that corresponds to the day on which that second preceding business year ends; the same applies in this item) (excluding the case where the day on which that second preceding business year ends is the last day of a month): the corresponding end day immediately preceding the last day of that six-month period.
法第九条の二第四項第三号に規定する六月の期間の末日がその日の属する月の当該前々事業年度の終了応当日(当該前々事業年度終了の日に応当する当該前々事業年度に属する各月の日をいう。以下この号において同じ。)でない場合(当該前々事業年度終了の日が月の末日である場合を除く。) 当該六月の期間の末日の直前の終了応当日
Article 21Special Provisions on Exemption from Tax Liability in the Case of Inheritance
第二十一条(相続があつた場合の納税義務の免除の特例)
In the application of Article 10, paragraph (1) or (2) of the Act in the case where, through inheritance, the business of a decedent who had two or more places of business is succeeded to by two or more heirs who divide those two or more places of business among themselves place of business by place of business, the taxable sales in the base period of the decedent prescribed in those provisions are to be the portion of the decedent's taxable sales in that base period that pertains to the places of business inherited by the relevant heir.
Article 22Special Provisions on Exemption from Tax Liability in the Case of Merger
第二十二条(合併があつた場合の納税義務の免除の特例)
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (1) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year (meaning the remainder after deducting, from the total amount of consideration for taxable transfers, etc. of assets in Japan in each of those business years, the total of the amounts obtained by deducting the amount set out in item (ii) from the amount set out in item (i); the same applies hereinafter in this Article and the following Article) of the merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year that includes the day of the merger of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
the amount of refunds, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made in each business year (including the amount of refunds, etc. of consideration for export transactions, etc. prescribed in Article 19 made in each business year);
当該各事業年度において行つた法第三十八条第一項に規定する売上げに係る対価の返還等の金額(当該各事業年度において行つた第十九条に規定する輸出取引等に係る対価の返還等の金額を含む。)
the amount calculated by multiplying the consumption tax on refunds, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made in each business year by 100/78.
当該各事業年度において行つた法第三十八条第一項に規定する売上げに係る対価の返還等の金額に係る消費税額に七十八分の百を乗じて算出した金額
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (2) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the merged corporation referred to in that paragraph that ended during the period from the first day of the base period of the business year of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve (where a merger took place during that base period, the amount calculated by dividing the amount so calculated by the total number of months in the business years included in that base period and multiplying the result by the number of months in the period from the first day of that base period to the day preceding the day of that merger).
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (3) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year that includes the day of the merger of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (4) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of each merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by the number of months in the period from the day preceding the day two years before the first day of the business year of that merging corporation to the day preceding the day of the merger.
The cases specified by Cabinet Order prescribed in Article 11, paragraph (4) of the Act are the cases where the total number of months in the business years included in the base period of the business year of the merging corporation referred to in that paragraph exceeds the number of months in the period from the day of the merger to the day preceding the day one year before the day preceding the first day of the business year of that merging corporation.
The amount specified by Cabinet Order prescribed in Article 11, paragraph (4) of the Act is to be, according to the category of cases set out in the following items, the amount specified in the relevant item:
法第十一条第四項に規定する政令で定める金額は、次の各号に掲げる場合の区分に応じ当該各号に定める金額とする。
Where there are no taxable sales in the base period of the business year of the merging corporation referred to in Article 11, paragraph (4) of the Act: the total of the amounts calculated by dividing the total amount of the taxable sales in each business year of each merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year of that merging corporation to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve;
Where the case falls under the case prescribed in the preceding paragraph: the total of the amount calculated by dividing the taxable sales in the base period of the business year of the merging corporation referred to in Article 11, paragraph (4) of the Act (meaning the taxable sales in the base period of the business year prescribed in that paragraph) by the total number of months in the business years included in that base period and multiplying the result by the number of months in the period prescribed in the preceding paragraph, and the amount calculated pursuant to the provisions of paragraph (4).
The number of months in the preceding paragraphs is to be calculated according to the calendar, and where a fraction of less than one month arises, it is to be counted as one month.
前各項の月数は、暦に従つて計算し、一月に満たない端数を生じたときは、これを一月とする。
Article 23Special Provisions on Exemption from Tax Liability in the Case of a Corporate Split, etc.
第二十三条(分割等があつた場合の納税義務の免除の特例)
The amount calculated as specified by Cabinet Order prescribed in Article 12, paragraph (1) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the split-off parent corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year that includes the day on which a corporate split, etc. of the split-off subsidiary corporation referred to in that paragraph (meaning a corporate split, etc. prescribed in that paragraph; the same applies hereinafter in this Article) took place to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
The amount calculated as specified by Cabinet Order prescribed in Article 12, paragraph (2) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the split-off parent corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year of the split-off subsidiary corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
The amount calculated as specified by Cabinet Order as the taxable sales in the base period of the business year of the split-off subsidiary corporation prescribed in Article 12, paragraph (3) of the Act is to be the amount calculated by dividing the remainder after deducting, from the total amount of consideration for taxable transfers, etc. of assets in Japan during that base period of the split-off subsidiary corporation referred to in that paragraph, the total tax-exclusive refunds, etc. of consideration for sales prescribed in Article 9, paragraph (2), item (i) of the Act for that base period by the total number of months in the business years included in that base period and multiplying the result by twelve (where a corporate split, etc. took place during any of the business years of the split-off parent corporation referred to in Article 12, paragraph (3) of the Act that began during the period from the day preceding the day two years before the first day of the business year of that split-off subsidiary corporation to the day on which one year has elapsed from that day (hereinafter in this paragraph and the following paragraph referred to as the "specified business years"), the amount calculated by dividing the amount so calculated by the total number of months in those specified business years and multiplying the result by the number of months in the period from the day on which that corporate split, etc. took place to the last day of the last business year among those specified business years).
法第十二条第三項に規定する新設分割子法人の当該事業年度の基準期間における課税売上高として政令で定めるところにより計算した金額は、同項の新設分割子法人の当該基準期間中の国内における課税資産の譲渡等の対価の額の合計額から当該基準期間における法第九条第二項第一号に規定する売上げに係る税抜対価の返還等の金額の合計額を控除した残額を当該基準期間に含まれる事業年度の月数の合計数で除し、これに十二を乗じて計算した金額(当該新設分割子法人の当該事業年度開始の日の二年前の日の前日から同日以後一年を経過する日までの間に開始した法第十二条第三項の新設分割親法人の各事業年度(以下この項及び次項において「特定事業年度」という。)中に分割等があつた場合には、当該計算した金額を当該特定事業年度の月数の合計数で除し、これに当該分割等があつた日から当該特定事業年度のうち最後の事業年度終了の日までの期間の月数を乗じて計算した金額)とする。
The amount calculated as specified by Cabinet Order as the taxable sales of the split-off parent corporation in the period corresponding to the base period of that business year of that split-off subsidiary corporation prescribed in Article 12, paragraph (3) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in the specified business years of the split-off parent corporation referred to in that paragraph (meaning the remainder after deducting, from the total amount of consideration for taxable transfers, etc. of assets in Japan in those specified business years, the total of the amounts obtained by deducting the amount set out in item (ii) from the amount set out in item (i)) by the total number of months in those specified business years and multiplying the result by twelve.
the amount of refunds, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made in the specified business years (including the amount of refunds, etc. of consideration for export transactions, etc. prescribed in Article 19 made in the specified business years);
当該特定事業年度において行つた法第三十八条第一項に規定する売上げに係る対価の返還等の金額(当該特定事業年度において行つた第十九条に規定する輸出取引等に係る対価の返還等の金額を含む。)
the amount calculated by multiplying the consumption tax on refunds, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made in the specified business years by 100/78.
The amount calculated as specified by Cabinet Order prescribed in Article 12, paragraph (4) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the split-off subsidiary corporation referred to in that paragraph that began during the period from the day preceding the day two years before the first day of the business year of the split-off parent corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve (where a corporate split, etc. took place during the period from the day following the first day of the base period of the business year of that split-off parent corporation to the day two days before the day one year before the first day of that business year, the amount calculated by dividing the amount so calculated by the total number of months set out in item (i) and multiplying the result by the number of months set out in item (ii)).
the total number of months in the business years included in the base period of that split-off parent corporation;
当該新設分割親法人の基準期間に含まれる事業年度の月数の合計数
the number of months in the period from the day on which that corporate split, etc. took place to the last day of the base period of that split-off parent corporation.
当該分割等があつた日から当該新設分割親法人の基準期間の末日までの期間の月数
The amount calculated as specified by Cabinet Order prescribed in Article 12, paragraph (5) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the splitting corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year that includes the day on which the absorption-type company split of the successor corporation in a company split referred to in that paragraph took place to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
The amount calculated as specified by Cabinet Order prescribed in Article 12, paragraph (6) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the splitting corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year of the successor corporation in a company split referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
The number of months in the preceding paragraphs is to be calculated according to the calendar, and where a fraction of less than one month arises, it is to be counted as one month.
前各項の月数は、暦に従つて計算し、一月に満たない端数を生じたときは、これを一月とする。
The requirement specified by Cabinet Order prescribed in Article 12, paragraph (7), item (iii) of the Act is that the transfer of assets other than money is planned at the time of the establishment of the new corporation and is carried out within six months from the time of that establishment.
法第十二条第七項第三号に規定する政令で定める要件は、金銭以外の資産の譲渡が、新たな法人の設立の時において予定されており、かつ、当該設立の時から六月以内に行われたこととする。
amount of considerationmachine translation
「対価の額」
The amount of consideration as defined in Article 28, paragraph (1) of the Consumption Tax Act: all the money, things, rights or other economic benefits received or to be received in return for a transfer, not counting the consumption tax and local consumption tax charged on it.
Defined inArticle 19, paragraph (1)· applies only in this article and in Articles 22 and 23; and Article 25-4, paragraph (1)
refund, etc. of consideration for export transactions, etc.machine translation
「輸出取引等に係る対価の返還等」
In Article 19, a refund of all or part of the price of a taxable transfer, etc. of assets (課税資産の譲渡等) exempt from consumption tax under Article 7, paragraph (1) or Article 8, paragraph (1) of the Consumption Tax Act or another law or treaty, or a reduction of the receivable for that price, made because goods were returned or a discount or rebate was given.
Short name set inArticle 19, paragraph (1)· applies only in this article
corresponding end daymachine translation
「終了応当日」
In Article 20-6, paragraph (1), item (ii), each day in a month of the previous business year that corresponds to the day on which that business year ends.
Defined inArticle 20-6, paragraph (1), item (ii)· applies only in this item
corresponding end daymachine translation
「終了応当日」
In Article 20-6, paragraph (2), item (ii), each day in a month of the business year before the previous one that corresponds to the day on which that business year ends.
Defined inArticle 20-6, paragraph (2), item (ii)· applies only in this item
taxable salesmachine translation
「課税売上高」
In Articles 22 and 23, a corporation's taxable sales for a business year: the total consideration for the taxable transfers, etc. of assets (課税資産の譲渡等) it made in Japan in that year, less its refunds, etc. of consideration for sales (売上げに係る対価の返還等) in that year (including those on exports, etc. (輸出取引等)), taken without the consumption tax and local consumption tax in them.
Defined inArticle 22, paragraph (1)· applies only in this article and in Article 23
corporate split, etc.machine translation
「分割等」
A corporate split, etc. as Article 12 of the Consumption Tax Act uses the term (defined in its paragraph (7)): an incorporation-type company split (新設分割); the founding of a new corporation, wholly owned by its founder, by a contribution of assets other than money, to which the founder hands over all or part of its business; or a transfer of assets other than money to a new corporation founded with money, under a business-transfer contract of the kind in Article 467, paragraph (1), item (v) of the Companies Act, where the founder holds all its shares and other Cabinet Order (政令) requirements are met.
Defined inArticle 23, paragraph (1)· applies only in this article
specified business yearmachine translation
「特定事業年度」
In Article 23, paragraphs (3) and (4), each business year of the split-off parent corporation (新設分割親法人) referred to in Article 12, paragraph (3) of the Consumption Tax Act that began from the day before the date two years before the start of the split-off subsidiary corporation's (新設分割子法人) business year to the day one year after that day.
Short name set inArticle 23, paragraph (3)· applies only in this paragraph and in Article 23, paragraph (4)