Regulation for Enforcement of the Consumption Tax Act

The matters specified by Ministry of Finance Order prescribed in Article 18, paragraph (3) of the Order are the following matters:

that the confirmation by the director-general of the customs house under the provisions of Article 8, paragraph (1) of the Act is received by presenting one's passport, or providing information relating to that passport, to the director-general of the customs house having jurisdiction over the port of departure when leaving Japan, within 90 days from the day on which one purchased the tax-exempt goods (meaning the tax-exempt goods prescribed in that paragraph; the same applies hereinafter through Article 10), and that a person eligible for tax-free purchase (meaning the person eligible for tax-free purchase prescribed in that paragraph; the same applies in Article 8, paragraph (5) and Article 9, paragraph (7)) must be prepared to present those tax-exempt goods at the request of that director-general of the customs house;

that tax-exempt goods that have received the confirmation by the director-general of the customs house under the provisions of Article 8, paragraph (1) of the Act must be exported without delay, and that, if they are not exported, an amount equivalent to the amount of consumption tax exempted under the provisions of that paragraph for the transfer of those tax-exempt goods (including the amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as the tax base) may be collected, and a penalty may be imposed pursuant to the provisions of Article 65 of the Act (limited to the part pertaining to item (i)).

The matters specified by Ministry of Finance Order prescribed in Article 18, paragraph (6) of the Order are the following matters:

the matters listed in the items of Article 6-2, paragraph (2) and the matters prescribed in paragraph (3) of that Article that the business operator operating the tax-free shop that transfers those tax-exempt goods (meaning the tax-free shop prescribed in Article 8, paragraph (7) of the Act (including a shop deemed to be a tax-free shop pursuant to the provisions of paragraph (9) of that Article); the same applies hereinafter in this Article and Article 9) has received pursuant to the provisions of the items of Article 18, paragraph (2) of the Order;

the name and place for tax payment of the business operator operating that tax-free shop, and the name of that tax-free shop (where that tax-free shop is a vending-machine-type tax-free shop (meaning the vending-machine-type tax-free shop prescribed in Article 18-2, paragraph (2), item (ii) of the Order; the same applies hereinafter through Article 10), the information for identifying the vending machine), its location, and the identification code notified pursuant to the provisions of paragraph (3) of the following Article (where that tax-free shop is a temporary sales outlet (meaning the temporary sales outlet prescribed in Article 18-5, paragraph (1) of the Order; the same applies in Article 10), the identification code notified pursuant to the provisions of Article 10, paragraph (2));

the date of the transfer of those tax-exempt goods;

the product name of those tax-exempt goods, the quantity for each product name, and the amount of consideration prescribed in Article 28, paragraph (1) of the Act (hereinafter in this item and the following item referred to as "price before tax"), and the total price before tax of those tax-exempt goods;

where the price before tax of those tax-exempt goods is 1,000,000 yen or more per unit of transaction (for goods ordinarily treated as a unit of transaction by a set or a complete set, per set or complete set), the unique number, features, or other matters of those tax-exempt goods sufficient to identify them in the confirmation by the director-general of the customs house under Article 8, paragraph (1) of the Act;

where the transfer of those tax-exempt goods falls under a taxable transfer, etc. of assets subject to the reduced rate, that fact;

where the provisions of Article 18-3, paragraph (8) of the Order apply, that fact.

The method specified by Ministry of Finance Order prescribed in Article 18, paragraph (7) of the Order is the method of transmitting purchase record information (meaning the purchase record information prescribed in Article 8, paragraph (2) of the Act; the same applies hereinafter in this Article and Article 9), making clear the name of the business operator operating the tax-free shop, by the method determined by the Commissioner of the National Tax Agency prescribed in Article 18, paragraph (8) of the Order, from a computer equipped with a function of communicating through a telecommunications line with the computers used by the National Tax Agency and customs (including input/output devices; the same applies hereinafter in this paragraph).

Where purchase record information is provided by the method prescribed in the preceding paragraph, the file format for the provision of purchase record information in that case is to be determined by the Commissioner of the National Tax Agency.

In addition to what is provided for in the preceding two paragraphs, necessary matters and details of procedures relating to the procedures for using the electronic data processing system prescribed in Article 18, paragraph (7) of the Order are as provided for separately.

The method specified by Ministry of Finance Order prescribed in Article 18, paragraph (10) of the Order is the method of retaining the purchase record information and the customs confirmation information (meaning the customs confirmation information prescribed in Article 8, paragraph (3) of the Act; the same applies in the following paragraph and Article 9, paragraph (7)) referred to in Article 18, paragraph (10) of the Order by taking any of the measures listed in the items of Article 4, paragraph (1) (Retention of Electronic or Magnetic Records of Transaction Information of Electronic Transactions) of the Regulation for Enforcement of the Act on Special Provisions concerning Preservation Methods for Books and Documents Related to National Tax Prepared by Means of Computers, and in accordance with requirements equivalent to the requirements prescribed in that paragraph.

Notwithstanding the provisions of Article 18, paragraph (10) of the Order and the preceding paragraph, a business operator operating a tax-free shop that retains purchase record information and customs confirmation information pursuant to those provisions may use the method of retaining a document prepared by outputting that purchase record information and that customs confirmation information (limited to a document output in an orderly format and in a clear condition). In this case, the business operator must organize and retain that document at the place at which it is to be retained pursuant to the provisions of paragraph (10) of that Article, for the period for which it is to be retained pursuant to the provisions of that paragraph.

The matters specified by Ministry of Finance Order prescribed in Article 18-2, paragraph (1) of the Order are the following matters:

the applicant's name (including the name of the representative; hereinafter through Article 10 referred to as "name, etc."), place for tax payment, and corporate number (meaning the corporate number prescribed in Article 2, paragraph (16) (Definitions) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures; the same applies hereinafter) (for a person that has no corporate number, name, etc. and place for tax payment);

the applicant's e-mail address;

the location of the sales outlet for which the applicant seeks to obtain that permission;

the matters specified respectively below, according to the following categories of permission for a tax-free shop (meaning the tax-free shop prescribed in Article 8, paragraph (7) of the Act; the same applies hereinafter in this Article):

permission for a general-type tax-free shop (meaning the general-type tax-free shop prescribed in Article 18-2, paragraph (2), item (i) of the Order; the same applies hereinafter through Article 10): where the work relating to the tax-free sale procedures (meaning the tax-free sale procedures prescribed in (b) of that item; the same applies hereinafter through that Article) for the tax-exempt goods to be transferred at that sales outlet is to be entrusted to an approved tax-free procedure business operator (meaning the approved tax-free procedure business operator prescribed in Article 18-3, paragraph (1) of the Order; the same applies hereinafter through Article 10), a statement to that effect, and the name and place for tax payment of that approved tax-free procedure business operator;

permission for a vending-machine-type tax-free shop: information for identifying the vending machine installed at that sales outlet;

where the work relating to the provision, etc. of purchase record information (meaning the provision, etc. of purchase record information prescribed in Article 18-2, paragraph (2), item (i), (b) of the Order; the same applies hereinafter through Article 10) for that sales outlet is to be entrusted to an approved transmission business operator (meaning the approved transmission business operator prescribed in Article 18-4, paragraph (1) of the Order; the same applies hereinafter through Article 10), a statement to that effect, and the name of that approved transmission business operator and the identification code notified pursuant to the provisions of Article 9, paragraph (3);

any other matters for reference.

The documents specified by Ministry of Finance Order prescribed in Article 18-2, paragraph (1) of the Order are the following documents:

a document stating an outline of the work to be performed at that sales outlet in order to obtain the application of the provisions of Article 8, paragraph (1) of the Act;

where the work relating to the tax-free sale procedures for the tax-exempt goods to be transferred at that sales outlet is to be entrusted to an approved tax-free procedure business operator, a copy of the contract concerning the entrustment;

a document stating the content of the information system used for the provision, etc. of purchase record information (where the work relating to the provision, etc. of purchase record information is to be entrusted to an approved transmission business operator, a copy of the contract concerning the entrustment);

any other documents for reference.

When the district director grants the permission under Article 8, paragraph (7) of the Act, the district director is to notify the business operator to which the permission relates of the identification code of the tax-free shop to which the permission relates.

A business operator operating a tax-free shop must, when there has been a change in any of the matters listed in the items of paragraph (1), submit without delay (by the day before the day of relocation, in the case of relocating the tax-free shop) a written notification stating that fact and the following matters to the district director having jurisdiction over its place for tax payment:

the notifier's name, etc., place for tax payment, and corporate number (for a person that has no corporate number, name, etc. and place for tax payment);

the content of the change;

the location of the tax-free shop (in the case of relocating the tax-free shop, the locations before and after the relocation);

any other matters for reference.

The matters specified by Ministry of Finance Order prescribed in Article 18-2, paragraph (4) of the Order are the following matters:

the notifier's name, etc., place for tax payment, and corporate number (for a person that has no corporate number, name, etc. and place for tax payment);

the location of the tax-free shop for which the notifier intends to cease to be subject to the application of the provisions of Article 8, paragraph (1) of the Act;

any other matters for reference.