Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Ministerial Order comes into effect as of April 1, 2004; provided, however, that the provisions amending Article 3 and the provisions of paragraph (3) of the following Article come into effect as of October 1, 2003.
この省令は、平成十六年四月一日から施行する。ただし、第三条の改正規定及び次条第三項の規定は、平成十五年十月一日から施行する。
Supplementary Provisions, Article 2Transitional Measures on Calculation of Consumption Tax on the Tax Base Amount
第二条(課税標準額に対する消費税額の計算に関する経過措置)
With respect to the amount of consumption tax, etc. (meaning the amount of consumption tax, etc. prescribed in Article 22, paragraph (1) of the Regulation for Enforcement of the Consumption Tax Act before amendment by this Ministerial Order (hereinafter in the following paragraph and paragraph (4) referred to as the "Former Regulation"); the same applies in the following paragraph, paragraph (4), and paragraph (5)) relating to a taxable transfer, etc. of assets made before the date of enforcement of this Ministerial Order, the provisions then in force continue to govern the calculation of consumption tax on the tax base amount under the provisions of Article 22, paragraph (1) of the Former Regulation.
With respect to the amount of consumption tax, etc. relating to a taxable transfer, etc. of assets (excluding a taxable transfer, etc. of assets that falls under a specified transfer, etc. of assets prescribed in Article 2, paragraph (1), item (viii)-2 of the Consumption Tax Act (Act No. 108 of 1988) and a taxable transfer, etc. of assets to which the provisions of Article 63 of that Act apply), the provisions of Article 22, paragraph (1) of the Former Regulation remain in force until September 30, 2023.
課税資産の譲渡等(消費税法(昭和六十三年法律第百八号)第二条第一項第八号の二に規定する特定資産の譲渡等に該当する課税資産の譲渡等及び同法第六十三条の規定の適用を受ける課税資産の譲渡等を除く。)に係る消費税額等については、令和五年九月三十日までの間、旧規則第二十二条第一項の規定は、なおその効力を有する。
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the provisions of the main clause of Article 9, paragraph (1) of the Consumption Tax Act; the same applies in the following paragraph and paragraph (5)) receives the amount to be received in settlement, calculated on the basis of the tax-inclusive price of the assets or services relating to a taxable transfer, etc. of assets (excluding a taxable transfer, etc. of assets that falls under a specified transfer, etc. of assets prescribed in Article 2, paragraph (1), item (viii)-2 of that Act; hereinafter the same applies in this Article) (meaning the price including an amount equivalent to the total of the amount of consumption tax and the amount of local consumption tax relating to those assets or services; the same applies in the following paragraph), and, at the time of that receipt, clearly states the amount remaining after processing fractions of less than one yen from the amount equivalent to the amount of consumption tax, etc. included in that amount (meaning the total of the amount of consumption tax to be imposed on that taxable transfer, etc. of assets and the amount of local consumption tax to be imposed with that amount of consumption tax as the tax base; hereinafter the same applies in this paragraph) (meaning the amount calculated by multiplying the amount to be received in settlement by 10/110), the calculation of consumption tax on the tax base amount set out in Article 43, paragraph (1), item (ii) or Article 45, paragraph (1), item (ii) of that Act may, until September 30, 2023, be made on the basis of the amount equivalent to the amount of consumption tax, etc. after those fractions have been processed.
事業者(消費税法第九条第一項本文の規定により消費税を納める義務が免除される事業者を除く。次項及び第五項において同じ。)が、課税資産の譲渡等(同法第二条第一項第八号の二に規定する特定資産の譲渡等に該当する課税資産の譲渡等を除く。以下この条において同じ。)に係る資産又は役務の税込価格(当該資産又は役務に係る消費税額及び地方消費税額の合計額に相当する額を含めた価格をいう。次項において同じ。)を基礎として計算した決済上受領すべき金額を領収する場合において、その領収に際して当該金額に含まれる消費税額等(当該課税資産の譲渡等につき課されるべき消費税額及び当該消費税額を課税標準として課されるべき地方消費税額の合計額をいう。以下この項において同じ。)に相当する額(当該決済上受領すべき金額に百十分の十を乗じて算出した金額をいう。)の一円未満の端数を処理した後の金額を明示したときは、同法第四十三条第一項第二号又は同法第四十五条第一項第二号に掲げる課税標準額に対する消費税額の計算については、令和五年九月三十日までの間、当該端数を処理した後の消費税額等に相当する額を基礎として行うことができる。
Where a business operator has, with respect to the price of assets or services relating to a taxable transfer, etc. of assets made on or after April 1, 2014 (limited to a taxable transfer, etc. of assets to which the provisions of Article 63 of the Consumption Tax Act apply; the same applies in the following paragraph), made the display under the provisions of that Article, and there are unavoidable circumstances for its having been unable to calculate the amount to be received in settlement relating to that taxable transfer, etc. of assets on the basis of the tax-inclusive price of those assets or services, then with respect to the amount of consumption tax, etc. relating to that taxable transfer, etc. of assets, the provisions of Article 22, paragraph (1) of the Former Regulation remain in force until September 30, 2023.
Where a business operator is subject to the application of Article 10, paragraph (1) (Special Provisions of the Consumption Tax Act Concerning the Obligation to Display the Total Amount) of the Act on Special Measures for the Correction, etc. of Practices That Impede the Shifting of Consumption Tax to Ensure the Smooth and Proper Shifting of Consumption Tax (Act No. 41 of 2013) with respect to the display of the price of assets or services relating to a taxable transfer, etc. of assets, the provisions of the preceding paragraph apply, with respect to the amount of consumption tax, etc. relating to that taxable transfer, etc. of assets, on the basis that the display under the provisions of Article 63 of the Consumption Tax Act has been made.
Former Regulationmachine translation
「旧規則」
The Regulation for Enforcement of the Consumption Tax Act as it stood before Ministry of Finance Order No. 92 of 2003 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 2, paragraphs (2) and (4)
amount of consumption tax, etc.machine translation
「消費税額等」
The amount of consumption tax, etc. on a taxable transfer, etc. of assets (課税資産の譲渡等) made before Ministry of Finance Order No. 92 of 2003 came into effect, as Article 22, paragraph (1) of the Regulation for Enforcement of the Consumption Tax Act as it stood before that Order used the term.
Defined inSupplementary Provisions, Article 2, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 2, paragraphs (2), (4) and (5)
amount of consumption tax, etc.machine translation
「消費税額等」
The total of the consumption tax to be charged on a taxable transfer, etc. of assets (課税資産の譲渡等) and the local consumption tax (地方消費税) to be charged with that consumption tax as its tax base.
Defined inSupplementary Provisions, Article 2, paragraph (3)· applies only in this paragraph
tax-inclusive pricemachine translation
「税込価格」
The price of an asset or service including an amount equal to the consumption tax and the local consumption tax (地方消費税) on it.
Defined inSupplementary Provisions, Article 2, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 2, paragraph (4)