Article 16Proof in the Case of Export, etc. of Non-Taxable Assets

①The case where proof has been provided as specified by Ministry of Finance Order prescribed in Article 31, paragraph (1) of the Act is the case where a business operator that has made a non-taxable transfer, etc. of assets prescribed in that paragraph that falls under an export transaction, etc. prescribed in that paragraph has provided proof, with respect to that non-taxable transfer, etc. of assets, by organizing the documents or books specified in the items of Article 5, paragraph (1) in accordance with the categories of cases set out in those items, and retaining them at the place for tax payment or the location of the office, place of business, or similar place relating to the transaction (referred to as "office or similar place" in the following paragraph) for seven years from the day on which two months (one month where the residual assets of a corporation in liquidation have been determined; the same applies in the following paragraph and paragraph (3)) have elapsed from the day following the last day of the taxable period that includes the day on which the non-taxable transfer, etc. of assets was made.

②The case where proof has been provided as specified by Ministry of Finance Order prescribed in Article 31, paragraph (2) of the Act is the case where a business operator that has exported the assets prescribed in that paragraph has provided proof, with respect to that export of assets, by organizing the documents specified in Article 5, paragraph (1), item (i) (or, where the assets were exported as a postal item prescribed in Article 76, paragraph (1) (Simplified Procedures for Export and Import of Postal Items) of the Customs Act, the documents specified in Article 5, paragraph (1), item (ii)), and retaining them at the place for tax payment or the location of the office or similar place relating to the transaction for seven years from the day on which two months have elapsed from the day following the last day of the taxable period that includes the day on which the assets were exported.

③Retention under paragraph (1) and the preceding paragraph, for the period on or after the day on which five years have elapsed from the day on which two months have elapsed from the day following the last day of the taxable period prescribed in those provisions, may be done by a method determined by the Minister of Finance.

④The documents prescribed in paragraphs (1) and (2) include electronic or magnetic records relating to those documents.

⑤A business operator that retains the electronic or magnetic records prescribed in the preceding paragraph pursuant to paragraph (1) or (2) is to retain those electronic or magnetic records by taking any of the measures set out 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.

⑥Notwithstanding paragraphs (1) and (2) and the preceding paragraph, a business operator that retains the electronic or magnetic records prescribed in paragraph (4) pursuant to these provisions may do so by retaining a document prepared by outputting those electronic or magnetic records (limited to one output in an orderly format and in a clear condition). In this case, the business operator must retain the document, in an organized manner, at the place at which it is required to be retained under paragraph (1) or (2), for the period for which it is required to be retained under these provisions.