The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter I General Provisions第一章 総則
Article 1第一条
Purpose, etc.(趣旨等)
Article 1, paragraph (1)
This Act is to prescribe, with regard to consumption tax, the subject of taxation, taxpayers, the method of calculating the amount of tax, and the procedures for filing returns, payment and refund, as well as the matters necessary to ensure the proper performance of the tax liability.
The revenue from consumption tax is to be used, in addition to as provided for in the Local Allocation Tax Act (Act No. 211 of 1950), each fiscal year to cover the expenses required for social security benefits for pensions, medical care and long-term care that have been established as systems, and for measures to address the declining birthrate.
individual business operator: an individual who carries on a business;
個人事業者 事業を行う個人をいう。
Article 2, paragraph (1), item (iv)
business operator: an individual business operator and a corporation;
事業者 個人事業者及び法人をいう。
Article 2, paragraph (1), item (iv-2)
foreign business operator: an individual business operator who is a non-resident prescribed in Article 2, paragraph (1), item (v) (Definitions) of the Income Tax Act (Act No. 33 of 1965), and a foreign corporation prescribed in Article 2, item (iv) (Definitions) of the Corporation Tax Act (Act No. 34 of 1965);
merging corporation: a corporation that continues to exist after a merger, or a corporation established by a merger;
合併法人 合併後存続する法人又は合併により設立された法人をいう。
Article 2, paragraph (1), item (v-2)
merged corporation: a corporation that has ceased to exist through a merger;
被合併法人 合併により消滅した法人をいう。
Article 2, paragraph (1), item (vi)
splitting corporation: a corporation that has effected a corporate split;
分割法人 分割をした法人をいう。
Article 2, paragraph (1), item (vi-2)
successor corporation in a company split: a corporation that has succeeded to the business of a splitting corporation through a corporate split;
分割承継法人 分割により分割法人の事業を承継した法人をいう。
Article 2, paragraph (1), item (vii)
association or foundation without legal personality: an association or foundation that is not a corporation and that provides for a representative or administrator;
人格のない社団等 法人でない社団又は財団で代表者又は管理人の定めがあるものをいう。
Article 2, paragraph (1), item (vii-2)
qualified invoice issuer: a business operator that has received registration under Article 57-2, paragraph (1);
適格請求書発行事業者 第五十七条の二第一項の規定による登録を受けた事業者をいう。
Article 2, paragraph (1), item (viii)
transfer, etc. of assets: the transfer and lending of assets and the provision of services conducted for consideration as a business (including the transfer of assets in lieu of performance of an obligation and other acts specified by Cabinet Order as being similar to the transfer or lending of assets or the provision of services conducted for consideration);
specified transfer, etc. of assets: provision of telecommunications services for businesses and provision of specified services;
特定資産の譲渡等 事業者向け電気通信利用役務の提供及び特定役務の提供をいう。
Article 2, paragraph (1), item (viii-3)
supply of telecommunications services: among transfers, etc. of assets, the provision of copyrighted works conducted via a telecommunications line (meaning works prescribed in Article 2, paragraph (1), item (i) (Definitions) of the Copyright Act (Act No. 48 of 1970); including transactions pertaining to permission to use those works) and any other provision of services conducted via a telecommunications line (excluding the provision of services that mediate the communications of others by means of telephone, telegraph or other communications facilities), other than the provision of services conducted incidentally to another transfer, etc. of assets, such as notification of the result of another transfer, etc. of assets;
provision of telecommunications services for businesses: among the supply of telecommunications services conducted by a foreign business operator, that for which the persons receiving the provision of services are ordinarily limited to business operators, judging from the nature of the services pertaining to that supply of telecommunications services or the terms and conditions of the transaction pertaining to that provision of services;
provision of specified services: among transfers, etc. of assets, the provision of services specified by Cabinet Order, such as theatrical services, that is conducted by a foreign business operator (excluding that which falls under the supply of telecommunications services);
taxable transfer, etc. of assets: transfers, etc. of assets other than those on which consumption tax is not to be imposed under Article 6, paragraph (1);
taxable transfer, etc. of assets subject to the reduced rate: among taxable transfers, etc. of assets, those set forth in Appended Table 1;
軽減対象課税資産の譲渡等 課税資産の譲渡等のうち、別表第一に掲げるものをいう。
Article 2, paragraph (1), item (x)
foreign goods: foreign goods prescribed in Article 2, paragraph (1), item (iii) (Definitions) of the Customs Act (including goods deemed to have been permitted for export under Article 73-2 (Goods Deemed to Have Been Permitted for Export) of that Act);
taxable goods: among foreign goods taken out of a bonded area (excluding correspondence prescribed in Article 3 (Objects of Taxation) of the Customs Act; the same applies in Article 4), those other than goods on which consumption tax is not to be imposed under Article 6, paragraph (2);
taxable goods subject to the reduced rate: among taxable goods, those set forth in Appended Table 1-2;
軽減対象課税貨物 課税貨物のうち、別表第一の二に掲げるものをいう。
Article 2, paragraph (1), item (xii)
taxable purchase: for a business operator, to acquire or borrow assets from another person, or to receive the provision of services from another person (excluding the provision of services for which salary, etc. prescribed in Article 28, paragraph (1) (Salary Income) of the Income Tax Act is the consideration), as a business (limited to those that would fall under a taxable transfer, etc. of assets if that other person were to transfer or lend those assets, or provide those services, as a business, other than those that fall under a transfer, etc. of assets set forth in the items of Article 7, paragraph (1) and those for which consumption tax is exempted under Article 8, paragraph (1) or any other provision of an Act or treaty);
business year: a business year prescribed in Articles 13 and 14 (Business Year) of the Corporation Tax Act (for the national government, local governments and other corporations to which the provisions of those Articles do not apply, a fixed period specified by Cabinet Order);
base period: for an individual business operator, the year before the previous year, and for a corporation, the second business year preceding its business year (for a corporation for which that second preceding business year is less than one year, the period combining each business year that began during the period from the day before the day two years before the first day of its business year until the day on which one year has elapsed from that day).
inventory: goods, products, semi-finished products, work in process, raw materials and other assets specified by Cabinet Order;
棚卸資産 商品、製品、半製品、仕掛品、原材料その他の資産で政令で定めるものをいう。
Article 2, paragraph (1), item (xvi)
adjustment-target fixed asset: buildings, structures, machinery and equipment, ships, aircraft, vehicles and transport equipment, tools, fixtures and fittings, mining rights and other assets specified by Cabinet Order as those whose value is not small;
final return, etc.: a return under Article 45, paragraph (1) (including a return filed after the due date prescribed in Article 18, paragraph (2) (Filing of a Return after the Due Date) of the Act on General Rules for National Taxes (Act No. 66 of 1962) that pertains to that return) and a return under Article 46, paragraph (1);
special return: a return under Article 47, paragraph (1) (limited to the case of paragraph (3) of that Article, and including a return filed after the due date prescribed in Article 18, paragraph (2) of the Act on General Rules for National Taxes that pertains to that return);
accessory tax: an accessory tax as prescribed in Article 2, item (iv) (Definitions) of the Act on General Rules for National Taxes;
附帯税 国税通則法第二条第四号(定義)に規定する附帯税をいう。
Article 2, paragraph (1), item (xx)
interim payment: the amount of consumption tax to be paid pursuant to Article 48 (where, with respect to that amount, an amended return prescribed in Article 19, paragraph (3) (Amended Return) of the Act on General Rules for National Taxes has been submitted, or a reassessment has been made under Article 24 (Reassessment) or Article 26 (Reassessment of Previous Reassessment) of that Act, the amount of consumption tax after that return or reassessment).
In this Act, "lending of assets" includes the creation of rights pertaining to assets and all other acts of causing another person to use assets (excluding those acts that fall under the supply of telecommunications services).
In this Act, "borrowing of assets" includes the creation of rights pertaining to assets and all other acts of using the assets of another person (excluding those acts that fall under the supply of telecommunications services received from another person).
In this Act, "inheritance" includes a universal bequest, "heir" includes a universal legatee, and "decedent" includes a person who has made a universal bequest.
Application of This Act to Associations or Foundations Without Legal Personality(人格のない社団等に対するこの法律の適用)
Article 3, paragraph (1)
An association or foundation without legal personality is deemed to be a corporation, and the provisions of this Act (excluding Articles 12-2 and 46-2 and Appended Table 3) apply to it.
Consumption tax is imposed under this Act on transfers, etc. of assets conducted by business operators in Japan (excluding those that fall under specified transfers, etc. of assets; the same applies in paragraph (3)) and on specified purchases (meaning specified transfers, etc. of assets received from another person as a business; the same applies hereafter in this Chapter).
Consumption tax is imposed under this Act on foreign goods taken out of a bonded area.
保税地域から引き取られる外国貨物には、この法律により、消費税を課する。
Article 4, paragraph (3)
Whether a transfer, etc. of assets was conducted in Japan is to be determined by whether the place specified in the relevant one of the following items, according to the category of cases set forth in those items, is in Japan; provided, however, that in the case set forth in item (iii), if there is no place specified in that item, that transfer, etc. of assets is to be regarded as having been conducted outside Japan.
in the case of the transfer or lending of assets: the place where the assets were located at the time of that transfer or lending (where the assets are ships, aircraft, mining rights, patent rights, copyrights, government bond certificates, share certificates or other assets specified by Cabinet Order as those whose location is unclear, the place specified by Cabinet Order);
in the case of the provision of services (excluding the case set forth in the following item): the place where the services were provided (where the services are international transport, international communications or other provision of services specified by Cabinet Order as those for which the place where the services were provided is unclear, the place specified by Cabinet Order);
in the case of the supply of telecommunications services: the address or residence (meaning the place where the person has continuously resided for one year or more up to the present) of the person receiving that supply of telecommunications services, or the location of that person's head office or principal office.
Whether a specified purchase was conducted in Japan is to be determined by whether the place specified in item (ii) or (iii) of the preceding paragraph, with respect to the provision of services received from another person as that specified purchase, is in Japan, from the standpoint of the business operator that made that specified purchase; provided, however, that, of the specified purchases that a foreign business operator makes at a permanent establishment (meaning a permanent establishment prescribed in Article 2, paragraph (1), item (viii)-4 (Definitions) of the Income Tax Act or Article 2, item (xii)-19 (Definitions) of the Corporation Tax Act) (limited to those that fall under the provision of telecommunications services for businesses received from another person; the same applies in this paragraph), those required for transfers, etc. of assets conducted in Japan are deemed to have been conducted in Japan, and, of the specified purchases that a business operator (excluding a foreign business operator) makes at a foreign office or similar establishment (meaning a foreign office or similar establishment prescribed in Article 95, paragraph (4), item (i) (Foreign Tax Credit) of the Income Tax Act or Article 69, paragraph (4), item (i) (Foreign Tax Credit) of the Corporation Tax Act), those required only for transfers, etc. of assets conducted outside Japan are deemed to have been conducted outside Japan.
The following acts are deemed to be transfers of assets conducted for consideration as a business:
次に掲げる行為は、事業として対価を得て行われた資産の譲渡とみなす。
Article 4, paragraph (5), item (i)
the consumption or use, in the case where an individual business operator has consumed or used for household purposes inventory or assets other than inventory that had been used for business;
the gift, in the case where a corporation has given assets to its officer (meaning an officer prescribed in Article 2, item (xv) of the Corporation Tax Act).
Where foreign goods have been consumed or used in a bonded area, the person who consumed or used them is deemed to take those foreign goods out of that bonded area at the time of that consumption or use; provided, however, that this does not apply where those foreign goods have been consumed or used as raw materials or materials for taxable goods, or in any other case specified by Cabinet Order.
In addition to what is provided for in paragraph (3) through the preceding paragraph, necessary matters concerning the details of the subject of taxation are specified by Cabinet Order.
第三項から前項までに定めるもののほか、課税の対象の細目に関し必要な事項は、政令で定める。
Article 5第五条
Taxpayers(納税義務者)
Article 5, paragraph (1)
A business operator has an obligation to pay consumption tax under this Act with respect to taxable transfers, etc. of assets conducted in Japan (excluding those that fall under specified transfers, etc. of assets; the same applies hereafter, except in Article 30, paragraph (2) and Article 32) and specified taxable purchases (meaning, of taxable purchases, those that fall under specified purchases; the same applies hereafter).
A person who takes foreign goods out of a bonded area has an obligation to pay consumption tax under this Act with respect to the taxable goods.
外国貨物を保税地域から引き取る者は、課税貨物につき、この法律により、消費税を納める義務がある。
Article 6第六条
Non-taxation(非課税)
Article 6, paragraph (1)
Consumption tax is not imposed on those transfers, etc. of assets conducted in Japan that are set forth in Appended Table 2.
国内において行われる資産の譲渡等のうち、別表第二に掲げるものには、消費税を課さない。
Article 6, paragraph (2)
Consumption tax is not imposed on those foreign goods taken out of a bonded area that are set forth in Appended Table 2-2.
保税地域から引き取られる外国貨物のうち、別表第二の二に掲げるものには、消費税を課さない。
Article 7第七条
Tax Exemption for Exports, etc.(輸出免税等)
Article 7, paragraph (1)
Consumption tax is exempted for those, among taxable transfers, etc. of assets conducted in Japan by a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)), that fall under any of the following:
the transfer or lending of assets conducted as an export from Japan;
本邦からの輸出として行われる資産の譲渡又は貸付け
Article 7, paragraph (1), item (ii)
the transfer or lending of foreign goods (excluding the transfer or lending of assets that falls under the preceding item, and the transfer of foreign goods that has come to fall under the cases listed in Article 8, paragraph (1), item (iii) (Collection of National Consumption Tax in the Case of Public Sale or Sale, etc.) of the Act on Collection, etc. of National Consumption Tax Imposed on Imported Goods (Act No. 37 of 1955));
the transport of passengers or cargo, or communications, conducted across Japan and areas outside Japan;
国内及び国内以外の地域にわたつて行われる旅客若しくは貨物の輸送又は通信
Article 7, paragraph (1), item (iv)
the transfer, lending or repair, as specified by Cabinet Order, of ships or aircraft used exclusively for the transport prescribed in the preceding item;
専ら前号に規定する輸送の用に供される船舶又は航空機の譲渡若しくは貸付け又は修理で政令で定めるもの
Article 7, paragraph (1), item (v)
that which is specified by Cabinet Order as being similar to the transfers, etc. of assets set forth in the preceding items.
前各号に掲げる資産の譲渡等に類するものとして政令で定めるもの
Article 7, paragraph (2)
The provisions of the preceding paragraph do not apply unless it has been proved, as provided by Ministry of Finance Order, that the taxable transfer, etc. of assets falls under a transfer, etc. of assets set forth in the items of that paragraph.
Article 8, paragraph (1)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
In the case where a business operator that operates a tax-free shop has made, to a person eligible for tax-free purchase (meaning a non-resident prescribed in Article 6, paragraph (1), item (vi) (Definitions) of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949) who stays in Japan with the landing permission prescribed in Articles 14 through 18 (Permission for Landing) of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951), who stays in Japan with the status of residence of "Diplomat" or "Official" in Appended Table I (1) of that Act or the status of residence of "Temporary Visitor" in Appended Table I (3) of that Act, or any other person specified by Cabinet Order; the same applies hereafter in this Article), a transfer (excluding a transfer on which consumption tax is not to be imposed under Article 6, paragraph (1)) ofof goods that are purchased by the method specified by Cabinet Order for the purpose of export (excluding goods specified by Cabinet Ministry of Finance Order that are as goods highly likely to be purchased by the method specified by Cabinet Order for for an unlawful purpose concerning consumption tax, and those purchased goods in the purpose case where the transfer of export (the purchased goods is one on which consumption tax is not to be imposed under Article 6, paragraph (1); hereinafter in a case specified by Cabinet Order, this Article referred to as "tax-exempt goods") (limited to the case where the total amount of consideration prescribed in Article 28, paragraph (1) pertaining to the transfer of those goods tax-exempt goods transferred to that person eligible for tax-free purchase at the same tax-free shop on the same day is equal to or more than the amount specified by Cabinet Order), and that person eligible for tax-free purchase has obtained, as provided by Cabinet Order, the confirmation of the director-general of a customs house as to the export of those tax-exempt goods (limited to where the confirmation is obtained within 90 days from the day of purchase), consumption tax is exempted for the transfer of those tax-exempt goods.
Article 8, paragraph (2)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
The provisions of the preceding paragraph do not apply where theA business operator that operates the tax-free shop that made the transfer referred to in that the preceding paragraph does not retain documents or must, as provided by Cabinet Order, provide to the Commissioner of the National Tax Agency without delay the electronic or magnetic records record pertaining to that transfer (meaning an electronic or magnetic recordsrecord prescribed in Article 2, item (iii) (Definitions) of the Act on Special Provisions concerning Preservation Methods for Books and Documents Related to National Tax Prepared by Means of Computers (Act No. 25 of 1998)) proving that; the goods were purchased by a person eligible for tax-free purchasesame applies in the following paragraph) that is specified by the method prescribedCabinet Order (hereinafter in that paragraph; provided, however, that this does not apply where consumption tax has already been collected through the application ofArticle referred to as "purchase record information"). In this case, the main clauseCommissioner of the following paragraph or the main clause of paragraph (5) (including as applied mutatis mutandis pursuantNational Tax Agency who has been provided with the purchase record information is to paragraph (6)), or where that business operator has proved, as provided by Cabinet Order, provide that it was unablepurchase record information to retain those documents or electronic or magnetic records due tothe director-general of a disaster or other unavoidable circumstancescustoms house without delay.
Article 8, paragraph (3)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
Where a person eligible for tax-free purchase who purchasedthe director-general of a customs house has made the goods prescribed confirmation referred to in paragraph (1) at a tax-free shop bybased on the method prescribed in that paragraph does not export those goods bypurchase record information provided under the dayprovisions of departure from Japan (or, where that person ceasesthe preceding paragraph, the director-general is to be a person eligible for tax-free purchase, by the day on which that person ceases, as provided by Cabinet Order, provide to be so), the director-generalCommissioner of the customs house having jurisdiction over the portNational Tax Agency, for each piece of departure (or, where that person ceases to be a person eligible for tax-free purchase, the district director having jurisdiction overpurchase record information and without delay, an electronic or magnetic record recording a statement to the place ofeffect that person's address or residence at the time of ceasing to be so; the same applies hereafterdirector-general has made that confirmation (hereinafter referred to in this paragraph) is to immediately collect from that person consumption tax equivalent to and the amount of consumption tax exempted under paragraph (1) forfollowing paragraph as "customs confirmation information"). In this case, the transferCommissioner of those goods, except where that personthe National Tax Agency who has obtainedreceived the approval of that director-generalprovision of the customs house for not exporting the goods because they were lost dueconfirmation information is to a disaster or other unavoidable circumstances; provided, however,, as provided by Cabinet Order, provide that this does not apply where a fact falling undercustoms confirmation information without delay to the case prescribed in the main clause ofbusiness operator that operates the preceding paragraph has already arisen, or where consumption tax has been collected through the application oftax-free shop that provided the main clause of paragraph (5) (including as applied mutatis mutandis pursuant to paragraph (6))purchase record information pertaining to that customs confirmation information.
Article 8, paragraph (4)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
Goods prescribed inThe provisions of paragraph (1) that a person eligible for tax-free purchase has purchased at ado not apply where the business operator that operates the tax-free shop by that made the method prescribed transfer referred to in that paragraph mustdoes not be transferred or acquired in Japan (including, upon being commissioned to carry out such transfer or acquisition or forretain, as provided by Cabinet Order, the purchase record information that it provided under the purposeprovisions of mediating it, possessing those goods, or causing a person commissionedthe first sentence of paragraph (2) with regard to carry out thethat transfer or a person who mediates it to possess them forand the customs confirmation information provided under the purposeprovisions of transfer; the same applies hereafter through paragraph (6))second sentence of the preceding paragraph; provided, however, that this does not apply where, in a case in which there are unavoidable circumstances for the transfer or acquisition of those goods, the approval of the district director having jurisdiction over the place where those goods are located has been obtained that business operator has proved that it was unable to retain that purchase record information and that customs confirmation information due to a disaster or other unavoidable circumstances.
Article 8, paragraph (5)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
When goods prescribed in the preceding paragraph have been transferred or acquired in Japan,A person eligible for tax-free purchase who has obtained the district director is to immediately collect consumption tax equivalent toconfirmation of the director-general of the amount of consumption tax exempted undercustoms house referred to in paragraph (1) for the transfer of those goods, from the(including a person who obtained the approval under the provisohas ceased to the preceding paragraph if there is suchfall under the category of a person, or, where the transfer or acquisition was made without obtaining that approval, from eligible for tax-free purchase after making a purchase at a tax-free shop by the person who transferred those goods (including a person who caused them to be possessed asmethod specified by Cabinet Order prescribed in the main clause of the precedingthat paragraph; the same applies in the following paragraph); provided, however, that this does not apply where a fact falling under the case prescribed in must, without delay, export the main clause of paragraph (2) has already arisen, or where consumption taxtax-exempt goods for which that confirmation has been collected through the application of the main clause of paragraph (3)obtained.
Article 8, paragraph (6)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
Where goods prescribed in paragraph (4) have been transferred or acquired in Japan withouttax-exempt goods for which the confirmation of the director-general of the approval under the provisocustoms house referred to in paragraph (4), the person who acquired those goods (including a person who possessed them as prescribed in1) has been obtained are no longer to be exported, the main clausedirector-general of that paragraph) is jointly and severally liable withthe customs house is to immediately collect, from the person who transferred those goods to pay eligible for tax-free purchase who obtained that confirmation, consumption tax equivalent to the amount of consumption tax exempted under paragraph (1) for the transfer of those goods. In this case, the provisions of the precedingthat paragraph apply mutatis mutandis tofor the collectiontransfer of the consumption taxthose tax-exempt goods.
Article 8, paragraph (7)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
A tax-free shop prescribed in paragraphs (1) through (45) is a sales outlet operated by a business operator that satisfies all of the following requirements (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of paragraph (1) of the following Article) (excluding a temporary sales outlet prescribed in paragraph (9)), for which permission has been obtained, as provided by Cabinet Order, from the district director having jurisdiction over the business operator's place for tax payment as a sales outlet capable of transferring to persons eligible for tax-free purchase goods prescribed in paragraph (1)tax-exempt goods that are purchased by the method specified by Cabinet Order prescribed in that paragraph (1):
the business operator currently has no arrears of national taxes (limited to those for which collection of the amount of taxes in arrears is extremely difficult);
現に国税の滞納(その滞納額の徴収が著しく困難であるものに限る。)がないこと。
Article 8, paragraph (7), item (ii)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
the business operator is not a person whose permission for a tax-free shop has been revoked pursuant to the following paragraph (excluding the part pertaining to item (iii)) and for whom three years have not elapsed from the day of the revocation, and there are no other circumstances by which the business operator is found to be particularly unsuitable as a business operator that operates a tax-free shop.
Article 8, paragraph (8)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
The district director may revoke the permission under the preceding paragraph for a tax-free shop if the business operator that operates the tax-free shop prescribed in that paragraph has violated the provisionsfalls under any of laws and regulations concerning consumption tax, or if its facilities and other conditions are found to be particularly unsuitable for a tax-free shop prescribedthe cases set forth in that paragraphthe following items.
Article 8, paragraph (8), item (i)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsAdded
where the provisions of laws and regulations concerning consumption tax have been violated;
消費税に関する法令の規定に違反した場合
Article 8, paragraph (8), item (ii)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsAdded
where the procedures and other conditions for transferring tax-exempt goods at that tax-free shop are found to be particularly inappropriate;
当該輸出物品販売場において免税対象物品を譲渡する際の手続その他の状況が特に不適当と認められる場合
Article 8, paragraph (8), item (iii)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsAdded
where it is found that there is an impediment to the confirmation of the director-general of the customs house referred to in paragraph (1) due to deficiencies in or false records in the purchase record information provided under the provisions of the first sentence of paragraph (2), or other circumstances.
Article 8, paragraph (9)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
Where a business operator that intends to establish a temporary sales outlet (meaning a sales outlet established for a period fixed at seven months or less for the purpose of transferring goods prescribed in paragraph (1)tax-exempt goods to persons eligible for tax-free purchase) (limited to a business operator that operates a tax-free shop prescribed in paragraph (7)) and that has obtained the approval under the following paragraph submits, by the day before the day of establishing that temporary sales outlet, to the district director having jurisdiction over its place for tax payment a written notification stating the period during which it intends to establish that temporary sales outlet and other matters specified by Ministry of Finance Order, with the documents specified by Ministry of Finance Order attached, the provisions of paragraphs (1) through (45) apply, only for that period, deeming that temporary sales outlet to be a tax-free shop prescribed in paragraph (7).
A business operator that seeks to be subject to the application of the preceding paragraph must obtain, in advance, the approval of the district director having jurisdiction over its place for tax payment, as provided by Cabinet Order.
Article 8, paragraph (11)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
The director-general of a customs house may, as provided by Cabinet Order, delegate part of the authority pertaining to the approval and collection under the main clauseprovisions of paragraph (36), and of the authority based on the provisions of laws and regulations concerning the consumption tax to be immediately collected pursuantthat is to the main clause of that paragraphbe collected, to the head of a branch office of the customs house or other customs house office.
Article 8, paragraph (12)(輸出物品販売場における輸出物品の譲渡に係る免税)Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsChanged
Matters concerning permission for tax-free shops prescribedIn addition to what is provided for in paragraph (7), and otherthe preceding paragraphs, matters necessary for the application of the preceding paragraphs,provisions of this Article are specified by Cabinet Order.
Exemption from Tax Liability for Small-Scale Business Operators(小規模事業者に係る納税義務の免除)
Article 9, paragraph (1)
With respect to a business operator whose taxable sales in the base period for its taxable period are 10 million yen or less (excluding a qualified invoice issuer), notwithstanding Article 5, paragraph (1), the obligation to pay consumption tax is exempted for the taxable transfers, etc. of assets and specified taxable purchases conducted in Japan during that taxable period; provided, however, that this does not apply where otherwise provided for in this Act.
The taxable sales in the base period prescribed in the preceding paragraph means the amount specified in the following items for the category of business operators set forth in those items:
an individual business operator and a corporation whose base period is one year: the balance remaining after deducting from the total amount of consideration for taxable transfers, etc. of assets conducted in Japan during the base period (meaning the amount of consideration prescribed in Article 28, paragraph (1); the same applies hereafter in this paragraph, paragraph (2) of the following Article, Article 11, paragraph (4) and Article 12-3, paragraph (1)) the total of the amounts obtained by deducting the amount set forth in (b) from the amount set forth in (a) (hereinafter referred to in this paragraph and Article 11, paragraph (4) as the "total tax-exclusive refunds, etc. of consideration for sales");
the amount of the refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) that was made during the base period;
基準期間中に行つた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
Article 9, paragraph (2), item (i), (b)
the amount calculated by multiplying the amount of consumption tax pertaining to the amount of the refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) that was made during the base period by 100/78;
a corporation whose base period is not one year: the amount calculated by dividing the balance remaining after deducting the total tax-exclusive refunds, etc. of consideration for sales in that base period from the total amount of consideration for taxable transfers, etc. of assets conducted in Japan during the base period by the total number of months of the business years included in that base period of that corporation, and multiplying the result by 12.
The number of months in item (ii) of the preceding paragraph is to be calculated according to the calendar, and if a fraction of less than one month arises, it is to be counted as one month.
前項第二号の月数は、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 9, paragraph (4)
Where a business operator that would be exempted from the obligation to pay consumption tax under the main clause of paragraph (1) submits to the district director having jurisdiction over its place for tax payment, for a taxable period in which its taxable sales in the base period (meaning the taxable sales in the base period prescribed in that paragraph; the same applies hereafter in this Chapter, except in Article 11, paragraph (4) and Article 12, paragraph (3)) are 10 million yen or less, a written notification stating that it will not be subject to the application of the main clause of paragraph (1), the main clause of that paragraph does not apply to taxable transfers, etc. of assets and specified taxable purchases conducted in Japan by the business operator that made that submission during each taxable period from the taxable period following the taxable period that includes the day of that submission (or, where the taxable period that includes the day of that submission is the taxable period that includes the day on which the business was commenced or any other taxable period specified by Cabinet Order, from that taxable period) onward (excluding a taxable period in which its taxable sales in the base period exceed 10 million yen).
A business operator that has submitted a written notification under the provisions of the preceding paragraph must, when it intends to cease to be subject to the application of that paragraph or when it has discontinued its business, submit to the district director having jurisdiction over its place for tax payment a written notification to that effect.
In the case referred to in the preceding paragraph, a business operator that has submitted a written notification under the provisions of paragraph (4) may, except where it has discontinued its business, submit a written notification stating that it intends to cease to be subject to the application of that paragraph only on or after the first day of the taxable period that includes the day on which two years have elapsed from the first day of the following taxable period prescribed in that paragraph.
In the case referred to in paragraph (5), where a business operator that has submitted a written notification under the provisions of paragraph (4) has, during any taxable period beginning during the period from the first day of the following taxable period prescribed in that paragraph to the day on which two years have elapsed from that day (excluding a taxable period to which Article 37, paragraph (1) applies), made a taxable purchase of an adjustment-target fixed asset in Japan or taken out of a bonded area taxable goods that fall under adjustment-target fixed assets (excluding those for which consumption tax is exempted under the provisions of another Act or a treaty; the same applies in paragraph (9), Article 12-2, paragraph (4) and Article 12-4) (hereinafter in this paragraph, Article 12-2, paragraph (2) and Article 12-3, paragraph (3) referred to as a "purchase, etc. of an adjustment-target fixed asset") (including where it made that purchase, etc. of an adjustment-target fixed asset before the submission of that written notification in the taxable period specified by Cabinet Order prescribed in paragraph (4)), then, notwithstanding the provisions of the preceding paragraph, except where it has discontinued its business, it may submit a written notification stating that it intends to cease to be subject to the application of the provisions of paragraph (4) only on or after the first day of the taxable period that includes the day on which three years have elapsed from the first day of the taxable period that includes the day of that purchase, etc. of an adjustment-target fixed asset (meaning the day specified in each item of Article 30, paragraph (1) for the category of cases set forth in that item pertaining to that purchase, etc. of an adjustment-target fixed asset; the same applies hereafter in this paragraph and Article 12-2, paragraph (2)). In this case, if, during the period from the first day of the taxable period that includes the day of that purchase, etc. of an adjustment-target fixed asset to the day of that purchase, etc. of an adjustment-target fixed asset, it has submitted to the district director having jurisdiction over its place for tax payment a written notification stating that it intends to cease to be subject to the application of the provisions of paragraph (4), then, for the purpose of the application of the provisions of the following paragraph, the submission of that written notification is deemed not to have been made.
When a written notification under the provisions of paragraph (5) has been submitted, the notification under the provisions of paragraph (4) ceases to be effective on or after the day following the last day of the taxable period that includes the day of that submission.
Special provisions on the application of paragraph (4) or the preceding paragraph in the case where, due to unavoidable circumstances, the written notification under the provisions of paragraph (4) or (5) could not be submitted by the day before the first day of the taxable period for which the business operator intends to become subject to, or to cease to be subject to, the application of the provisions of paragraph (4), and other matters necessary for the application of paragraph (7) in the case where the purchase, etc. of an adjustment-target fixed asset prescribed in that paragraph is the taking out of a bonded area of taxable goods pertaining to the submission of a special return, or in other cases, are specified by Cabinet Order.
Special Provisions on Exemption from Tax Liability Based on Taxable Sales in the Previous Year or Previous Business Year, etc.(前年又は前事業年度等における課税売上高による納税義務の免除の特例)
Article 9-2, paragraph (1)
In the case where the taxable sales in the base period for that year of an individual business operator, or in the base period for its business year of a corporation, are 10 million yen or less, if, among those individual business operators or corporations (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under paragraph (4) of the preceding Article), the taxable sales of the individual business operator in the specified period for that year, or of the corporation in the specified period for its business year, exceed 10 million yen, the main clause of paragraph (1) of that Article does not apply to taxable transfers, etc. of assets and specified taxable purchases in that year of that individual business operator or in that business year of that corporation.
The taxable sales in the specified period prescribed in the preceding paragraph means the balance remaining after deducting, from the total amount of consideration for taxable transfers, etc. of assets conducted in Japan during that specified period, the total of the amounts obtained by deducting the amount set forth in item (ii) from the amount set forth in item (i).
the amount of the refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) that was made during the specified period;
特定期間中に行つた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
Article 9-2, paragraph (2), item (ii)
the amount calculated by multiplying the amount of consumption tax pertaining to the amount of the refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) that was made during the specified period by 100/78.
Where a business operator other than a foreign business operator applies paragraph (1), notwithstanding the preceding paragraph, it may treat as the taxable sales in the specified period under paragraph (1) the total of the amounts specified by Ministry of Finance Order as corresponding to the amount of the salary or other wage under that paragraph that should be stated in the payment slip prescribed in Article 231, paragraph (1) (Paper-Based Payment Slips for Salary and Other Wages, Severance Pay and Other Such Compensation, and Public Pensions and Retirement Packages) of the Income Tax Act, which the business operator paid during the specified period under paragraph (1).
The specified period prescribed in the preceding three paragraphs means the period specified in the following items for the category of business operators set forth in those items:
前三項に規定する特定期間とは、次の各号に掲げる事業者の区分に応じ当該各号に定める期間をいう。
Article 9-2, paragraph (4), item (i)
an individual business operator: the period from January 1 to June 30 of the year before that year;
個人事業者 その年の前年一月一日から六月三十日までの期間
Article 9-2, paragraph (4), item (ii)
a corporation that has a business year preceding its business year (excluding one of seven months or less and any other one specified by Cabinet Order (referred to as a "short business year" in the following item)): the six-month period from the day on which that preceding business year began;
a corporation whose business year preceding its business year is a short business year: the six-month period from the day on which the second business year preceding its business year (excluding one included in the base period for its business year and any other one specified by Cabinet Order) began (where that second preceding business year is six months or less, the period from the day on which that second preceding business year began to the day on which it ended).
Special provisions on that period in the case where the last day of the six-month period prescribed in item (ii) or (iii) of the preceding paragraph is not the last day of the month, and other matters necessary for the application of the preceding paragraphs, are specified by Cabinet Order.
Special Provisions on Exemption from Tax Liability in the Case of Inheritance(相続があつた場合の納税義務の免除の特例)
Article 10, paragraph (1)
In the case where an inheritance has occurred in a year, if an heir whose taxable sales in the base period for that year are 10 million yen or less (excluding an heir whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1); the same applies hereafter in this paragraph and the following paragraph) has succeeded to the business of a decedent whose taxable sales in that base period exceed 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases of that heir during the period from the day following the day of that inheritance to December 31 of that year.
In the case where the taxable sales in the base period for the year of an heir who succeeded to the business of a decedent by inheritance in the year before, or two years before, that year are 10 million yen or less, if the total of the taxable sales of that heir in that base period and the taxable sales in that base period of the decedent pertaining to that inheritance exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases of that heir in that year.
Matters necessary for the calculation of the taxable sales in the base period of a decedent in the case where, by inheritance, the business of a decedent having two or more places of business has been succeeded to by two or more heirs who divided those two or more places of business among them place by place, and other matters necessary for the application of the preceding two paragraphs, are specified by Cabinet Order.
Special Provisions on Exemption from Tax Liability in the Case of Merger(合併があつた場合の納税義務の免除の特例)
Article 11, paragraph (1)
In the case where a merger (excluding a merger in which a corporation is established through the merger; the same applies hereafter in this paragraph and the following paragraph) has taken place, if the amount calculated as provided by Cabinet Order as the taxable sales of a merged corporation in the period corresponding to the base period for the business year of the merging corporation that includes the day on which the merger took place (if there are two or more merged corporations, that amount pertaining to any one of the merged corporations) exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases during the period from the day on which that merger took place to the last day of the business year that includes the day on which that merger took place, in that business year (limited to a business year in which the taxable sales in the base period are 10 million yen or less) of that merging corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
In the case where a merger took place during the period from the day following the first day of the base period for the business year of a merging corporation to the day before the first day of that business year, if the total of the taxable sales of that merging corporation in the base period for that business year and the amount calculated as provided by Cabinet Order as the taxable sales of a merged corporation in the period corresponding to the base period for that business year of that merging corporation (if there are two or more merged corporations, the total of that amount pertaining to each merged corporation) exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases in that business year (limited to a business year in which the taxable sales in the base period are 10 million yen or less) of that merging corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
In the case where a merger (limited to a merger in which a corporation is established through the merger; the same applies hereafter in this paragraph and the following paragraph) has taken place, if any of the amounts calculated as provided by Cabinet Order as the taxable sales of the merged corporations in the period corresponding to the base period for the business year of the merging corporation that includes the day on which the merger took place exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases in the business year that includes the day on which that merger took place of that merging corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4)).
In the case where a merger took place during the period from the day two years before the first day of the business year of a merging corporation to the day before the first day of that business year, if the total of the taxable sales of that merging corporation in the base period for that business year (meaning the balance remaining after deducting the total tax-exclusive refunds, etc. of consideration for sales in the base period for the business year from the total amount of consideration for taxable transfers, etc. of assets in Japan during the base period for the business year; the same applies hereafter in this paragraph) and the total of the amounts calculated as provided by Cabinet Order as the taxable sales of each merged corporation in the period corresponding to the base period for that business year of that merging corporation (or, where that merging corporation has no taxable sales in the base period for that business year or in any other case specified by Cabinet Order, the amount specified by Cabinet Order) exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases in that business year (limited to a business year in which the taxable sales in the base period prescribed in Article 9, paragraph (1) are 10 million yen or less) of that merging corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
Special Provisions on Exemption from Tax Liability in the Case of a Corporate Split, etc.(分割等があつた場合の納税義務の免除の特例)
Article 12, paragraph (1)
In the case where a corporate split, etc. has taken place, if the amount calculated as provided by Cabinet Order as the taxable sales of the corporation that carried out that corporate split, etc. (hereinafter in this paragraph through paragraph (4) referred to as a "split-off parent corporation") in the period corresponding to the base period for the business year that includes the day on which the corporate split, etc. took place of the corporation established through that corporate split, etc. or that received the transfer of assets through it (hereinafter in this paragraph through paragraph (4) referred to as a "split-off subsidiary corporation") (if there are two or more split-off parent corporations, that amount pertaining to any one of the split-off parent corporations) exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases during the period from the day on which that corporate split, etc. took place to the last day of the business year that includes the day on which that corporate split, etc. took place, of that split-off subsidiary corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4)).
In the case where a corporate split, etc. took place during the period from the day before the day one year before the first day of the business year of a split-off subsidiary corporation to the day before the first day of that business year, if the amount calculated as provided by Cabinet Order as the taxable sales of a split-off parent corporation in the period corresponding to the base period for that business year of that split-off subsidiary corporation (if there are two or more split-off parent corporations, that amount pertaining to any one of the split-off parent corporations) exceeds 10 million yen, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases in that business year of that split-off subsidiary corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
In the case where a corporate split, etc. (excluding one involving two or more split-off parent corporations; the same applies in the following paragraph) took place on or before the day two days before the day that is one year before the first day of the relevant business year of a split-off subsidiary corporation, and the split-off subsidiary corporation falls under the specified requirement (meaning a case where shares or capital contributions in a number or amount exceeding 50 percent of the total number or total amount of the issued shares or capital contributions of the split-off subsidiary corporation (excluding treasury shares or capital contributions held by that split-off subsidiary corporation) belong to the split-off parent corporation and persons having a special relationship specified by Cabinet Order with that split-off parent corporation, or any other case specified by Cabinet Order; the same applies in the following paragraph) on the last day of the base period of that business year, and the total of the amount calculated as provided by Cabinet Order as the taxable sales of that split-off subsidiary corporation in the base period of that business year and the amount calculated as provided by Cabinet Order as the taxable sales of that split-off parent corporation in the period corresponding to the base period of that business year of that split-off subsidiary corporation exceeds 10 million yen, the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in that business year (limited to a business year in which the taxable sales in the base period prescribed in Article 9, paragraph (1) are 10 million yen or less) of that split-off subsidiary corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
In the case where a corporate split, etc. took place on or before the day two days before the day that is one year before the first day of the relevant business year of a split-off parent corporation, and a split-off subsidiary corporation falls under the specified requirement on the last day of the base period of that business year, and the total of the taxable sales of that split-off parent corporation in the base period of that business year and the amount calculated as provided by Cabinet Order as the taxable sales of that split-off subsidiary corporation in the period corresponding to the base period of that business year of that split-off parent corporation exceeds 10 million yen, the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in that business year (limited to a business year in which the taxable sales in the base period are 10 million yen or less) of that split-off parent corporation (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
In the case where an absorption-type company split took place, if the amount calculated as provided by Cabinet Order as the taxable sales of the splitting corporation in the period corresponding to the base period of the business year of the successor corporation in a company split that includes the day on which the absorption-type company split took place (if there are two or more splitting corporations, that amount in relation to any one of the splitting corporations) exceeds 10 million yen, the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases during the period from the day on which the absorption-type company split took place to the last day of the business year that includes that day, in the business year that includes the day on which that absorption-type company split took place (limited to a business year in which the taxable sales in the base period are 10 million yen or less) of that successor corporation in a company split (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
In the case where an absorption-type company split took place during the period from the day before the day that is one year before the first day of the relevant business year of a successor corporation in a company split to the day before the first day of that business year, if the amount calculated as provided by Cabinet Order as the taxable sales of the splitting corporation in the period corresponding to the base period of that business year of that successor corporation in a company split (if there are two or more splitting corporations, that amount in relation to any one of the splitting corporations) exceeds 10 million yen, the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in that business year (limited to a business year in which the taxable sales in the base period are 10 million yen or less) of that successor corporation in a company split (excluding one whose obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1)).
The corporate split, etc. prescribed in paragraphs (1) through (4) means any of the following.
第一項から第四項までに規定する分割等とは、次に掲げるものをいう。
Article 12, paragraph (7), item (i)
incorporation-type company split;
新設分割
Article 12, paragraph (7), item (ii)
the establishment of a new corporation in the case where a corporation, in order to establish the new corporation, makes a contribution of assets it holds other than money (limited to a case where, at the time of the establishment of the new corporation, the corporation will hold all of the issued shares or capital contributions as a result of the contribution of those assets or other contribution for that establishment) and hands over all or part of its business to the corporation newly established through that contribution;
of the transfers of assets other than money under a contract in respect of an act set forth in Article 467, paragraph (1), item (v) (Approval of Transfers of Business) of the Companies Act (Act No. 86 of 2005), in the case where a corporation makes a monetary contribution in order to establish a new corporation and concludes that contract with the new corporation, those that satisfy the requirement that the corporation holds all of the issued shares at the time of the establishment of that new corporation or any other requirement specified by Cabinet Order.
Special Provisions on Exemption from Tax Liability of Newly Established Corporations(新設法人の納税義務の免除の特例)
Article 12-2, paragraph (1)
Of corporations that have no base period for the business year (excluding a social welfare corporation prescribed in Article 22 (Definitions) of the Social Welfare Act (Act No. 45 of 1951) and any other corporation established exclusively for the purpose of making transfers, etc. of assets listed in Appended Table 2, as specified by Cabinet Order), for a corporation whose amount of capital or contributions on the first day of that business year is 10 million yen or more (hereinafter in this paragraph and the following paragraph referred to as a "newly established corporation"), the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in each taxable period included in the business year of that newly established corporation in which it has no base period (excluding a taxable period for which the obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1), Article 11, paragraph (3) or (4), or paragraph (1) or (2) of the preceding Article).
In the case where a newly established corporation prescribed in the preceding paragraph makes a purchase, etc. of an adjustment-target fixed asset during a taxable period included in the business year in which it has no base period (excluding a taxable period to which the provisions of Article 37, paragraph (1) apply), the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in each taxable period from the taxable period that includes the day of the purchase, etc. of the adjustment-target fixed asset by that newly established corporation through the taxable period that includes the day on which three years have elapsed from the first day of that taxable period (excluding a taxable period in which the taxable sales in the base period exceed 10 million yen and a taxable period for which the obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1), Article 11, paragraph (3) or (4), paragraphs (1) through (3) of the preceding Article, or the preceding paragraph).
In the case where a foreign corporation that has a base period for the business year (meaning a foreign corporation prescribed in Article 2, item (iv) (Definitions) of the Corporation Tax Act; the same applies in paragraph (5) of the following Article) commences, on or after the day following the last day of that base period, a business relating to taxable transfers, etc. of assets in Japan, the provisions of the preceding two paragraphs apply to that business year, deeming that there is no base period.
Necessary matters concerning the application of the provisions of paragraph (2) in the case where the purchase, etc. of an adjustment-target fixed asset prescribed in that paragraph is the taking of taxable goods out of a bonded area in connection with the submission of a special return, and in other cases, are specified by Cabinet Order.
Special Provisions on Exemption from Tax Liability of Specified Newly Founded Corporations(特定新規設立法人の納税義務の免除の特例)
Article 12-3, paragraph (1)
Of corporations that have no base period for the business year (excluding a newly established corporation prescribed in paragraph (1) of the preceding Article, a social welfare corporation prescribed in Article 22 (Definitions) of the Social Welfare Act, and any other corporation established exclusively for the purpose of making transfers, etc. of assets listed in Appended Table 2, as specified by Cabinet Order; hereinafter in this Article referred to as a "newly founded corporation"), for a newly founded corporation in the case where, on the first day of the business year in which it has no base period (hereinafter in this paragraph and the following paragraph referred to as the "new establishment start date"), it falls under the specified requirement (meaning a case where shares or capital contributions in a number or amount exceeding 50 percent of the total number or total amount of the issued shares or capital contributions of the newly founded corporation (excluding treasury shares or capital contributions held by that newly founded corporation) are held directly or indirectly by another person, or any other case specified by Cabinet Order as one in which the newly founded corporation is controlled by another person; the same applies hereinafter in this Article), and, with respect to any one of the other person who formed the basis for the determination that the newly founded corporation falls under the specified requirement and the corporations having a special relationship specified by Cabinet Order with that other person, the amount calculated as provided by Cabinet Order as taxable sales in the period corresponding to the base period of the business year of that newly founded corporation that includes the new establishment start date (excluding the amount of consideration for taxable transfers, etc. of assets in a business conducted by the national government or a local government as business pertaining to its general account) exceeds 500 million yen or the amount calculated as provided by Cabinet Order as gross revenue in the period corresponding to that base period (excluding that in a business conducted by the national government or a local government as business pertaining to its general account, or in a business conducted by a foreign country or a local government of a foreign country) exceeds 5 billion yen (such a newly founded corporation is hereinafter in this paragraph and paragraph (3) referred to as a "specified newly founded corporation"), the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in each taxable period included in the business year of that specified newly founded corporation in which it has no base period (excluding a taxable period for which the obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1), Article 11, paragraph (3) or (4), Article 12, paragraph (1) or (2), or paragraph (2) of the preceding Article).
In the case where a newly founded corporation falls under the specified requirement on its new establishment start date and, among corporations that were corporations having the special relationship specified by Cabinet Order prescribed in the preceding paragraph with the other person prescribed in that paragraph and that were dissolved within one year before the day of establishment of that newly founded corporation or within one year before that new establishment start date, there is one that fell under a corporation having that special relationship on the day of its dissolution (excluding one that is still a corporation having that special relationship on that new establishment start date; hereinafter in this paragraph referred to as a "dissolved corporation"), the provisions of the preceding paragraph apply to that newly founded corporation, deeming that dissolved corporation to be a corporation having that special relationship.
The provisions of paragraphs (2) and (4) of the preceding Article apply mutatis mutandis to the case where a specified newly founded corporation makes a purchase, etc. of an adjustment-target fixed asset during a taxable period included in the business year in which it has no base period (excluding a taxable period to which the provisions of Article 37, paragraph (1) apply). In this case, the phrase "newly established corporation prescribed in the preceding paragraph" in paragraph (2) of the preceding Article is deemed to be replaced with "specified newly founded corporation prescribed in paragraph (1) of the following Article", the phrase "that newly established corporation" with "that specified newly founded corporation", and the phrase "or the preceding paragraph" with "this paragraph, or paragraph (1) of the following Article".
The other person prescribed in paragraph (1), when requested by a newly founded corporation that falls under the specified requirement to provide information on matters necessary for determining whether the case applies where the amount calculated as provided by Cabinet Order as the taxable sales referred to in that paragraph exceeds 500 million yen or the case applies where the amount calculated as provided by Cabinet Order as the gross revenue referred to in that paragraph exceeds 5 billion yen, must comply with the request.
In the case where a foreign corporation that has a base period for the business year commences, on or after the day following the last day of that base period, a business relating to taxable transfers, etc. of assets in Japan, the provisions of the preceding paragraphs apply to that business year, deeming that there is no base period.
Beyond what is specified in paragraph (2) through the preceding paragraph, necessary matters concerning the application of the provisions of paragraph (1) are specified by Cabinet Order.
第二項から前項までに定めるもののほか、第一項の規定の適用に関し必要な事項は、政令で定める。
Article 12-4第十二条の四
Special Provisions on Exemption from Tax Liability in the Case of Acquisition of High-Value Specified Assets, etc.(高額特定資産を取得した場合等の納税義務の免除の特例)
Article 12-4, paragraph (1)
In the case where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) makes, during a taxable period to which the provisions of Article 37, paragraph (1) do not apply, a taxable purchase in Japan of a high-value specified asset (meaning inventory or an adjustment-target fixed asset whose value is high as specified by Cabinet Order; the same applies hereinafter in this Article) or the taking out of a bonded area of taxable goods that fall under a high-value specified asset (hereinafter in this paragraph referred to as a "purchase, etc. of a high-value specified asset") (in the case of a high-value specified asset that the business operator itself constructed, manufactured or produced (hereinafter in this paragraph and the following paragraph referred to as "construction, etc.") under a contract with another person or as inventory or an adjustment-target fixed asset of the business operator (hereinafter in this paragraph referred to as a "self-constructed high-value specified asset"), the case where the amount of expenses specified by Cabinet Order required for the construction, etc. of that self-constructed high-value specified asset becomes the amount specified by Cabinet Order or more (referred to in item (ii) as a "case of a purchase of a self-constructed high-value specified asset")), the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in each taxable period from the taxable period following the taxable period that includes the day of that purchase, etc. of a high-value specified asset (meaning the day specified in each of the following items according to the category of high-value specified asset set forth in that item) through the taxable period that includes the day on which three years have elapsed from the first day of the taxable period that includes the day of that purchase, etc. of a high-value specified asset (in the case of a self-constructed high-value specified asset, the taxable period that includes the day on which the construction, etc. of that self-constructed high-value specified asset is completed) (excluding a taxable period in which the taxable sales in the base period exceed 10 million yen and a taxable period for which the obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1), Article 10, paragraph (2), Article 11, paragraph (2) or (4), Article 12, paragraphs (2) through (4) or paragraph (6), Article 12-2, paragraph (1) or (2), or paragraph (1) or (3) of the preceding Article).
a high-value specified asset (excluding a self-constructed high-value specified asset): the day specified in each item of Article 30, paragraph (1) according to the category of case set forth in that item, relating to the purchase, etc. of the high-value specified asset;
a self-constructed high-value specified asset: the day on which that self-constructed high-value specified asset came to fall under a case of a purchase of a self-constructed high-value specified asset.
自己建設高額特定資産 当該自己建設高額特定資産の仕入れを行つた場合に該当することとなつた日
Article 12-4, paragraph (2)
In the case where a business operator has been subject to the application of the provisions of Article 36, paragraph (1) or (3) in respect of inventory or taxable goods that are high-value specified assets, or inventory that the business operator itself constructed, etc. under a contract with another person or as its own inventory (including inventory that a decedent, merged corporation or splitting corporation itself constructed, etc. where the business operator succeeded to the business of that decedent, merged corporation or splitting corporation through inheritance, merger or split; limited to inventory for which the amount of expenses specified by Cabinet Order required for the construction, etc. of that inventory has become the amount specified by Cabinet Order or more; hereinafter in this paragraph referred to as an "adjustment-target self-constructed high-value asset"), the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in each taxable period from the taxable period following the taxable period in which those provisions were applied through the taxable period that includes the day on which three years have elapsed from the first day of the taxable period in which those provisions were applied (in the case of an adjustment-target self-constructed high-value asset whose construction, etc. had not been completed by the day before the day on which it came to fall under the case prescribed in those provisions, the taxable period that includes the day on which that construction, etc. is completed) (excluding a taxable period in which the taxable sales in the base period exceed 10 million yen and a taxable period for which the obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1), Article 10, paragraph (2), Article 11, paragraph (2) or (4), Article 12, paragraphs (2) through (4) or paragraph (6), Article 12-2, paragraph (1) or (2), paragraph (1) or (3) of the preceding Article, or the preceding paragraph).
In the case where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) makes, during a taxable period to which the provisions of Article 37, paragraph (1) do not apply, a taxable purchase in Japan of gold or platinum bullion or any other asset similar thereto as specified by Ministry of Finance Order (hereinafter in this paragraph referred to as "gold bullion and similar items") or the taking out of a bonded area of taxable goods that fall under gold bullion and similar items (including a taxable purchase or a taking out of a bonded area relating to inventory to which the provisions of Article 36, paragraph (1) or (3) apply in that taxable period; hereinafter in this paragraph referred to as a "purchase, etc. of gold bullion and similar items"), if the case falls under a case specified by Cabinet Order as one in which the total amount of that purchase, etc. of gold bullion and similar items during that taxable period is high, the provisions of the main clause of Article 9, paragraph (1) do not apply to taxable transfers, etc. of assets and specified taxable purchases in each taxable period from the taxable period following the taxable period in which that purchase, etc. of gold bullion and similar items was made through the taxable period that includes the day on which three years have elapsed from the first day of the taxable period in which that purchase, etc. of gold bullion and similar items was made (excluding a taxable period in which the taxable sales in the base period exceed 10 million yen and a taxable period for which the obligation to pay consumption tax is not exempted by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Article 9-2, paragraph (1), Article 10, paragraph (2), Article 11, paragraph (2) or (4), Article 12, paragraphs (2) through (4) or paragraph (6), Article 12-2, paragraph (1) or (2), paragraph (1) or (3) of the preceding Article, or the preceding two paragraphs).
Necessary matters concerning the application of the provisions of paragraph (1) or the preceding paragraph in the case where the purchase, etc. of a high-value specified asset prescribed in paragraph (1) or the purchase, etc. of gold bullion and similar items prescribed in the preceding paragraph is the taking of taxable goods out of a bonded area in connection with the submission of a special return, and otherwise concerning the application of the provisions of the preceding three paragraphs, are specified by Cabinet Order.
Substantive Determination of the Person Who Made a Transfer, etc. of Assets or a Specified Purchase(資産の譲渡等又は特定仕入れを行つた者の実質判定)
Article 13, paragraph (1)
Where a person who is legally regarded as having made a transfer, etc. of assets is a mere nominee and does not enjoy the consideration for that transfer, etc. of assets, and a person other than that person enjoys the consideration for that transfer, etc. of assets, the provisions of this Act apply on the basis that that transfer, etc. of assets was made by the person who enjoys that consideration.
Where a person who is legally regarded as having made a specified purchase is a mere nominee and does not pay the consideration for that specified purchase, and a person other than that person is the person who is to pay the consideration for that specified purchase, the provisions of this Act apply on the basis that that specified purchase was made by the person who is to pay that consideration.
Attribution of Transfers, etc. of Assets Pertaining to Trust Property(信託財産に係る資産の譲渡等の帰属)
Article 14, paragraph (1)
A beneficiary of a trust (limited to a person who actually has rights as a beneficiary) is deemed to hold the assets belonging to the trust property of that trust, and the asset transactions, etc. pertaining to that trust property (meaning transfers, etc. of assets, taxable purchases and the taking of taxable goods out of a bonded area; the same applies hereafter in this paragraph and paragraph (1) of the following Article) are deemed to be the asset transactions, etc. of that beneficiary, and the provisions of this Act apply; provided, however, that this does not apply to the assets belonging to the trust property of a group investment trust prescribed in Article 2, item (xxix) (Definitions) of the Corporation Tax Act, a trust subject to corporate taxation prescribed in item (xxix)-2 of that Article, a retirement pension trust, etc. prescribed in Article 12, paragraph (4), item (i) (Vesting of Assets and Liabilities in Trust Property and Profit and Expenses to Be Attributed to Trust Property) of that Act, or a public interest trust or participant protection trust prescribed in item (ii) of that paragraph, or to the asset transactions, etc. pertaining to that trust property.
A person who actually has the authority to make changes to a trust (other than what Cabinet Order prescribes as the authority to make minor changes) and who is meant to benefit from the trust property of that trust (other than a beneficiary) is deemed to be a beneficiary as prescribed in the preceding paragraph, and the provisions of that paragraph apply.
The application of paragraph (1) in the case where there are two or more beneficiaries, the determination of whether a person falls under a person who is meant to benefit from the trust property as prescribed in the preceding paragraph, and other matters necessary for the application of the provisions of the preceding two paragraphs are specified by Cabinet Order.
Application of This Act to Trustees of Trusts Subject to Corporate Taxation, etc.(法人課税信託等の受託者に関するこの法律の適用)
Article 15, paragraph (1)
The trustee of a trust subject to corporate taxation prescribed in the proviso to paragraph (1) of the preceding Article or a public interest trust prescribed in the proviso to that paragraph (hereinafter in this Article referred to as a "trust subject to corporate taxation, etc.") is deemed to be a separate person for each of the trust assets, etc. (meaning the assets belonging to the trust property and the asset transactions, etc. pertaining to that trust property; the same applies hereafter in this Article) of each trust subject to corporate taxation, etc. and its own assets, etc. (meaning the assets and asset transactions, etc. other than the trust assets, etc. of trusts subject to corporate taxation, etc.; the same applies hereafter in this Article), and the provisions of this Act (excluding Article 5, the preceding Article, Articles 20 through 27, Articles 47, 50 and 51, and Chapter VI; the same applies hereafter in this Article) apply.
In the case referred to in the preceding paragraph, the trust assets, etc. and own assets, etc. of each trust subject to corporate taxation, etc. belong to the respective separate persons deemed under that paragraph.
Where an individual business operator is a trustee business operator (meaning the trustee of a trust subject to corporate taxation, etc. where, under the preceding two paragraphs, the provisions of this Act are applied to that trustee as the person to whom the trust assets, etc. pertaining to that trust subject to corporate taxation, etc. belong; the same applies hereafter in this Article), that trustee business operator is deemed to be a corporation, and the provisions of this Act apply.
With respect to the taxable sales in the base period for the taxable period of an own-assets business operator (meaning the trustee of a trust subject to corporate taxation, etc. where, under paragraphs (1) and (2), the provisions of this Act are applied to that trustee as the person to whom the own assets, etc. pertaining to that trust subject to corporate taxation, etc. belong; the same applies hereafter in this Article), notwithstanding Article 9, paragraph (2), the taxable sales are the total of the following amounts:
the amount calculated under Article 9, paragraph (2) as the taxable sales in the base period of that own-assets business operator for that taxable period;
当該固有事業者の当該課税期間の基準期間における課税売上高として第九条第二項の規定により計算した金額
Article 15, paragraph (4), item (ii)
the total of the amounts calculated as provided by Cabinet Order as the taxable sales of the trustee business operator of each trust subject to corporate taxation, etc. pertaining to that own-assets business operator in the period corresponding to the base period of that own-assets business operator.
With respect to the taxable sales in the base period for the taxable period of a trustee business operator, notwithstanding Article 9, paragraph (2), the taxable sales are the taxable sales in the base period for the taxable period of the own-assets business operator of the trust subject to corporate taxation, etc. pertaining to that trustee business operator that includes the first day of that taxable period.
In the case where, on the first day of the taxable period of a trustee business operator, the own-assets business operator of the trust subject to corporate taxation, etc. pertaining to that trustee business operator is a qualified invoice issuer on the first day of the taxable period of that own-assets business operator that includes that first day (limited to a taxable period in which its taxable sales in the base period are 10 million yen or less), or is a business operator whose obligation to pay consumption tax is not exempted, for taxable transfers, etc. of assets and specified taxable purchases in that taxable period, by the submission of a written notification under Article 9, paragraph (4), or under the provisions of Articles 10 through 12-4, the main clause of Article 9, paragraph (1) does not apply to taxable transfers, etc. of assets and specified taxable purchases in the taxable period of that trustee business operator that includes that first day.
With respect to the taxable sales in the specified period prescribed in Article 9-2, paragraph (1) (or, where paragraph (3) of that Article applies, the total prescribed in that paragraph), the taxable sales in the base period for that business year prescribed in Article 11, paragraph (4), and the taxable sales in the taxable period prescribed in Article 30, paragraph (2) of an own-assets business operator or trustee business operator, notwithstanding Article 9-2, paragraph (2) or (3), Article 11, paragraph (4) or Article 30, paragraph (6), the taxable sales are, respectively, the amounts calculated as provided by Cabinet Order in accordance with paragraph (4) or (5) as corresponding to those amounts.
Article 37, paragraph (1) applies to the taxable period of a trustee business operator that includes the first day of that taxable period only in the case where, on that first day, the own-assets business operator of the trust subject to corporate taxation, etc. pertaining to that trustee business operator is a business operator to which Article 37, paragraph (1) applies for the taxable period of that own-assets business operator that includes that first day. In this case, in that paragraph, the phrase "business operator (" is deemed to be replaced with "trustee business operator (meaning a trustee business operator prescribed in Article 15, paragraph (3), and excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) on the first day of its taxable period, the own-assets business operator of the trust subject to corporate taxation, etc. pertaining to that trustee business operator (meaning a trust subject to corporate taxation, etc. prescribed in Article 15, paragraph (1)) (meaning an own-assets business operator prescribed in paragraph (4) of that Article, and"; the phrase "to the district director having jurisdiction over its place for tax payment, for a taxable period in which its" is deemed to be replaced with "for a taxable period in which its"; the phrase "a written notification stating that it will be subject to the application of this paragraph, then, for each taxable period from the taxable period following the taxable period that includes the day on which the written notification was submitted (or, where the taxable period that includes the day on which the written notification was submitted is the taxable period that includes the day on which the business was commenced or any other taxable period specified by Cabinet Order, from that taxable period) onward (excluding a taxable period in which its taxable sales in the base period exceed 50 million yen and a taxable period pertaining to a corporate split, etc.)" is deemed to be replaced with "is a business operator to which this paragraph applies, then, for the taxable period of that trustee business operator that includes that first day"; and the phrase "that business operator" in the items of that paragraph is deemed to be replaced with "that trustee business operator".
Where the own-assets business operator referred to in the preceding paragraph has become subject to the application of Article 37-2, paragraph (1) or (6) for the taxable period of that own-assets business operator that includes the first day prescribed in that paragraph (hereinafter in this paragraph referred to as the "own-assets taxable period"), the application of the preceding paragraph is as provided in the following items for the category of cases set forth in those items:
in the case where the own-assets taxable period is an elected disaster-affected taxable period prescribed in Article 37-2, paragraph (1) and approval under that paragraph has been obtained for that elected disaster-affected taxable period: the own-assets business operator is deemed to have been a business operator subject to the application of Article 37, paragraph (1) on the first day prescribed in the preceding paragraph;
in the case where the own-assets taxable period is a disaster-affected taxable period of discontinuance prescribed in Article 37-2, paragraph (6) and approval under that paragraph has been obtained for that disaster-affected taxable period of discontinuance: the own-assets business operator is deemed not to have been a business operator subject to the application of Article 37, paragraph (1) on the first day prescribed in the preceding paragraph.
For the application of Article 42 to a trustee business operator, a merger of trusts is deemed to be a merger, and the trustee business operator pertaining to the trust subject to corporate taxation, etc. that is the former trust involved in the merger of trusts is to be included in the merged corporation, and the trustee business operator pertaining to the trust subject to corporate taxation, etc. that is the new trust involved in the merger of trusts is to be included in the merging corporation.
The provisions of Article 9, paragraphs (4) through (9), Articles 10 through 12-4, Article 37, paragraphs (3) through (8), Article 37-2 and Articles 57 through 57-3 do not apply to a trustee business operator.
Where there are two or more trustees of a trust subject to corporate taxation, etc., the trust assets, etc. of each trustee pertaining to that trust subject to corporate taxation, etc. are deemed to be the trust assets, etc. of the trustee who presides over the trust affairs of that trust subject to corporate taxation, etc. (hereinafter in this Article referred to as the "presiding trustee"), and the provisions of this Act apply.
With respect to the consumption tax pertaining to the trust assets, etc. deemed under the preceding paragraph to be the trust assets, etc. of the presiding trustee, trustees other than the presiding trustee are liable for joint payment of that consumption tax.
For the application of the provisions of Article 43, paragraph (1) (Competent Agency for Collection of National Taxes) of the Act on General Rules for National Taxes where the consumption tax prescribed in the preceding paragraph is collected from a trustee other than the presiding trustee, in that paragraph, the phrase "The collection of a national tax" is deemed to be replaced with "The collection of consumption tax pertaining to the liability for joint payment prescribed in Article 15, paragraph (13) of the Consumption Tax Act of a trustee other than the presiding trustee prescribed in paragraph (12) of that Article (hereinafter in this paragraph referred to as the "presiding trustee") (hereinafter in this paragraph referred to as a "jointly liable trustee") of a trust subject to corporate taxation, etc. prescribed in paragraph (1) of that Article (Application of This Act to Trustees of Trusts Subject to Corporate Taxation, etc.)", and the phrase "the place for tax payment of the national tax" is deemed to be replaced with "the place for tax payment of that consumption tax or the place for tax payment of that consumption tax in the case where that jointly liable trustee had been the presiding trustee of that trust subject to corporate taxation, etc.".
In addition to what is provided for in the preceding paragraphs, matters necessary for the calculation of the amount of consumption tax on purchases in the case where a merger or split of trusts subject to corporate taxation, etc. has taken place, and other matters necessary for the application of the provisions of this Act to a trustee business operator or an own-assets business operator, are specified by Cabinet Order.
Application of This Act to the Supply of Telecommunications Services Conducted via a Specified Platform Operator(特定プラットフォーム事業者を介して行う電気通信利用役務の提供に関するこの法律の適用)
Article 15-2, paragraph (1)
Where the supply of telecommunications services conducted in Japan by a foreign business operator (excluding that which falls under the provision of telecommunications services for businesses; the same applies hereafter in this Article) is conducted via a digital platform (meaning a venue constructed through information processing using computers that is intended for use by an unspecified and large number of persons, and that is ordinarily provided via a telecommunications line to an unspecified and large number of persons for displaying information on the supply of telecommunications services so that persons other than the person providing the venue can supply telecommunications services via the venue; the same applies hereafter in this Article), and the consideration for it is received via a specified platform operator (meaning, among business operators that provide that digital platform (referred to as "platform operators" in the following paragraph), one that has been designated by the Commissioner of the National Tax Agency pursuant to the provisions of that paragraph; hereinafter in this Article), the provisions of this Act apply deeming that the specified platform operator has supplied those telecommunications services.
The Commissioner of the National Tax Agency is to designate a platform operator as a business operator deemed under the preceding paragraph to have supplied telecommunications services if, in the taxable period of the platform operator, the total of the amounts of consideration for the supply of telecommunications services conducted in Japan by foreign business operators via the digital platform it provides (meaning the amount of all money, or anything other than money, or rights or other economic benefits received or to be received as consideration, and including, where there is an amount equivalent to the amount of consumption tax to be imposed on that supply of telecommunications services and to the amount of local consumption tax to be imposed with that amount of consumption tax as the tax base (excluding an amount equivalent to the amount of accessory taxes on those amounts of tax), that equivalent amount; the same applies in paragraph (7)) that is received via that platform operator (or, where that taxable period is less than one year, the amount calculated by dividing that total by the number of months in that taxable period (calculated according to the calendar, with a fraction of less than one month counted as one month; the same applies in that paragraph) and multiplying the result by 12) exceeds 5 billion yen. In this case, the designation takes effect on the first day of the month following the month that includes the day on which six months have elapsed from the deadline for filing of the written notification under the following paragraph (or, where the written notification has not been submitted by that deadline, from the day on which the notice under paragraph (4) pertaining to the designation was issued).
A person that is to be designated as a specified platform operator under the preceding paragraph must submit to the Commissioner of the National Tax Agency, via the district director having jurisdiction over its place for tax payment, a written notification stating that fact and other matters specified by Ministry of Finance Order, by the deadline for filing of the return under Article 45, paragraph (1) for its taxable period (or, where it has no obligation to file a return under that paragraph, the deadline for filing of the return under that paragraph that would apply if it had that obligation); provided, however, that this does not apply to a person that is a specified platform operator on the last day of that taxable period.
When the Commissioner of the National Tax Agency has designated a specified platform operator under paragraph (2), the Commissioner is to notify that specified platform operator to that effect in writing. In this case, the Commissioner of the National Tax Agency must promptly publish, as provided by Cabinet Order, the name of the digital platform pertaining to that specified platform operator and other matters specified by Cabinet Order.
A specified platform operator that has received the notice under the preceding paragraph is to promptly notify the foreign business operator pertaining to the supply of telecommunications services to which the provisions of paragraph (1) are to apply that the provisions of that paragraph are to apply, and the date thereof.
A specified platform operator must, when there has been a change in the matters published pursuant to paragraph (4), promptly submit a written notification to that effect to the Commissioner of the National Tax Agency via the district director having jurisdiction over its place for tax payment. In this case, the Commissioner of the National Tax Agency must promptly publish the matters that have changed, as provided by Cabinet Order.
A specified platform operator may, where the total of the amounts of consideration for the supply of telecommunications services to which paragraph (1) applies is 5 billion yen or less in every taxable period from its taxable period through the taxable period that includes the day on which three years have elapsed from the first day of that taxable period (hereinafter in this paragraph referred to as the "third-year taxable period") (or, where any of those taxable periods is less than one year, the amount calculated by dividing that total by the number of months in that taxable period and multiplying the result by 12), apply to have the designation under paragraph (2) lifted, by submitting to the Commissioner of the National Tax Agency via the district director having jurisdiction over its place for tax payment, by the deadline for filing of the return under Article 45, paragraph (1) for the third-year taxable period, a document stating that fact and other matters specified by Ministry of Finance Order.
When there has been an application under the preceding paragraph, the Commissioner of the National Tax Agency is to examine it without delay and lift the designation pertaining to the application, or, where the Commissioner finds that the case does not fall under the case set forth in that paragraph, dismiss the application.
A business operator whose designation as a specified platform operator has been lifted pursuant to the preceding paragraph is deemed to continue to be a specified platform operator, and paragraph (1) applies, during the period from the day following the day on which the Commissioner of the National Tax Agency issued the notice under paragraph (12) until the last day of the month that includes the day on which six months have elapsed from that following day.
A specified platform operator must, when it has discontinued the business pertaining to a digital platform to which paragraph (1) applies, promptly submit a written notification to that effect to the Commissioner of the National Tax Agency via the district director having jurisdiction over its place for tax payment.
The Commissioner of the National Tax Agency may lift the designation of a specified platform operator under paragraph (2) if the Commissioner finds that the specified platform operator falls under any of the following facts:
it is found that the business pertaining to a digital platform to which paragraph (1) applies has been discontinued;
第一項の規定の適用を受けるデジタルプラットフォームに係る事業を廃止したと認められること。
Article 15-2, paragraph (11), item (ii)
in the case where no return filed by the due date prescribed in Article 17, paragraph (2) (Filing of a Return by the Due Date) of the Act on General Rules for National Taxes has been submitted with respect to consumption tax, it is found that there is no justifiable reason for the non-submission;
it currently has arrears of national taxes and the collection of the amount of taxes in arrears is extremely difficult;
現に国税の滞納があり、かつ、その滞納額の徴収が著しく困難であること。
Article 15-2, paragraph (11), item (iv)
beyond what is set forth in the preceding three items, it is found that there is an obstacle to ensuring the collection of consumption tax.
前三号に掲げるもののほか、消費税の徴収の確保に支障があると認められること。
Article 15-2, paragraph (12)
When the Commissioner of the National Tax Agency has lifted the designation of a specified platform operator pursuant to paragraph (8) or the preceding paragraph, or has dismissed an application pursuant to paragraph (8), the Commissioner is to notify the business operator subject to those dispositions to that effect in writing. In this case, when the Commissioner of the National Tax Agency has given the notice pertaining to the lifting of a designation, the Commissioner must promptly publish, as provided by Cabinet Order, the fact that the designation has been lifted and the date on which paragraph (1) ceases to apply.
A business operator that has received the notice under the preceding paragraph pertaining to the lifting of the designation of a specified platform operator is to promptly notify the foreign business operator pertaining to the supply of telecommunications services to which paragraph (1) will cease to apply that the provisions of that paragraph will cease to apply, and the date thereof.
For the application of Article 9, paragraph (1) and Article 37, paragraph (1) to a specified platform operator to which paragraph (1) applies, in Article 9, paragraph (1), the phrase "excluding a qualified invoice issuer" is deemed to be replaced with "excluding a qualified invoice issuer and a specified platform operator prescribed in Article 15-2, paragraph (1) to which that paragraph applies", and in Article 37, paragraph (1), the phrase "and a foreign business operator" is deemed to be replaced with ", a foreign business operator and a specified platform operator prescribed in Article 15-2, paragraph (1) to which that paragraph applies".
A specified platform operator must attach to the return under Article 45, paragraph (1) for its taxable period (including a return filed after the due date prescribed in Article 18, paragraph (2) (Filing of a Return after the Due Date) of the Act on General Rules for National Taxes that pertains to that return) a detailed statement stating the amount to which paragraph (1) applies and other matters specified by Ministry of Finance Order.
In addition to what is provided for in the preceding paragraphs, the procedures in the case where a business operator succeeds, by merger or split, to the business pertaining to the digital platform of a specified platform operator, or acquires that business by transfer, and other matters necessary for the application of the provisions of this Article, are specified by Cabinet Order.
Special Provisions on the Time of Transfers, etc. of Assets Pertaining to Transfers on Deferred Payment Terms of Assets Giving Rise to Timber Income or Capital Gains of Individual Business Operators(個人事業者の山林所得又は譲渡所得の基因となる資産の延払条件付譲渡に係る資産の譲渡等の時期の特例)
Article 16, paragraph (1)
Where an individual business operator has made a transfer, etc. of assets that falls under a transfer on deferred payment terms of assets giving rise to timber income or capital gains prescribed in Article 132, paragraph (1) (Deferring Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) of the Income Tax Act (hereinafter in this Article referred to as a "transfer on deferred payment terms"), if that individual business operator (including its heir; the same applies hereafter in this Article) has obtained the permission for deferred payment under that paragraph for all or part of the amount of income tax pertaining to that transfer on deferred payment terms, then, for the part of that transfer on deferred payment terms that pertains to installments of that transfer on deferred payment terms whose payment due dates do not arrive in the taxable period that includes the day on which that transfer on deferred payment terms was made (excluding installments received in that taxable period), the individual business operator may deem that it did not make a transfer, etc. of assets in that taxable period, and deduct the amount of consideration pertaining to that part from the amount of consideration pertaining to that transfer on deferred payment terms in that taxable period.
The part that is deemed under the preceding paragraph not to have been the subject of a transfer, etc. of assets in the taxable period that includes the day on which the transfer on deferred payment terms was made is deemed to be the subject of a transfer, etc. of assets made, as provided by Cabinet Order, by that individual business operator in each taxable period that includes the due date for payment of the installments pertaining to that transfer on deferred payment terms, for the part pertaining to each such installment; provided, however, that where, with respect to the amount of income tax pertaining to the transfer on deferred payment terms, the permission for deferred payment referred to in the preceding paragraph is rescinded pursuant to Article 135, paragraph (1) (Cancelling Deferments for Payment of Income Taxes on Assets Transferred on a Deferred-Payment Basis) of the Income Tax Act, this does not apply to the taxable periods on or after the taxable period that includes the day on which the permission for deferred payment was rescinded.
An individual business operator that intends to be subject to the application of paragraph (1) is to make a note to that effect on the return under Article 45, paragraph (1) for the taxable period for which it intends to be subject to that application and for each taxable period for which it intends to be subject to the application of the main clause of the preceding paragraph (including a return filed after the due date prescribed in Article 18, paragraph (2) (Filing of a Return after the Due Date) of the Act on General Rules for National Taxes that pertains to that return; the same applies in Article 17, paragraph (4) and Article 18, paragraph (2)).
In addition to what is provided for in the preceding paragraph, special provisions on the time of transfers, etc. of assets pertaining to a transfer on deferred payment terms in the case where an individual business operator to which paragraph (1) applies has died or has become subject to the application of the main clause of Article 9, paragraph (1), and other matters necessary for the application of paragraph (1) or (2), are specified by Cabinet Order.
Special Provisions on the Time of Transfers, etc. of Assets Pertaining to Contracts for Construction Work(工事の請負に係る資産の譲渡等の時期の特例)
Article 17, paragraph (1)
Where a business operator makes a transfer, etc. of assets under a contract for undertaking long-term large-scale construction prescribed in Article 66, paragraph (1) (Periods to Which Revenue and Expenses Associated with Contracts for Construction Work Are Attributed) of the Income Tax Act or Article 63, paragraph (1) (Special Provisions on the Business Year to Which Profits and Expenses Associated with Contracts for Construction Work Are Attributed) of the Corporation Tax Act (hereinafter in this Article referred to as "long-term large-scale construction"), the business operator may treat the part of the subject matter of that long-term large-scale construction that pertains to the amount of revenue or amount of profit calculated by the method of the construction progress criteria prescribed in those provisions as having been the subject of a transfer, etc. of assets in the taxable period that includes December 31 of each year in which that amount of revenue was included in gross revenue under those provisions, or in the taxable period that includes the last day of each business year in which that amount of profit was included in the amount of gross profits under those provisions.
Where a business operator makes a transfer, etc. of assets under a contract for undertaking construction work prescribed in Article 66, paragraph (2) of the Income Tax Act or Article 63, paragraph (2) of the Corporation Tax Act (hereinafter in this Article referred to as "construction work"), if, in order to be subject to the application of those provisions, that business operator accounts for the amount of consideration for that construction work by the method of the construction progress criteria prescribed in those provisions, the business operator may treat the part of the subject matter of that construction work that pertains to the amount of revenue or amount of profit accounted for by that method as having been the subject of a transfer, etc. of assets in the taxable period that includes December 31 of each year in which that amount of revenue was included in gross revenue under those provisions, or in the taxable period that includes the last day of each business year in which that amount of profit was included in the amount of gross profits under those provisions; provided, however, that where the case prescribed in the proviso to Article 66, paragraph (2) of the Income Tax Act or the proviso to Article 63, paragraph (2) of the Corporation Tax Act comes to apply, this does not apply to the taxable periods on or after the taxable period that includes December 31 of the year in which the accounting was not done as prescribed in the proviso to Article 66, paragraph (2) of the Income Tax Act, or the taxable periods on or after the taxable period that includes the last day of the business year pertaining to the settlement of accounts for which the accounting was not done as prescribed in the proviso to Article 63, paragraph (2) of the Corporation Tax Act.
Where a business operator that has become subject to the application of paragraph (1) or the main clause of the preceding paragraph has delivered the subject matter of the long-term large-scale construction under paragraph (1) or the construction work under the preceding paragraph, for the part of the transfer, etc. of assets pertaining to that long-term large-scale construction or construction work that was deemed under those provisions to have been made in each taxable period from the taxable period that includes the start date to the taxable period immediately preceding the taxable period that includes the day of that delivery, the total amount of consideration pertaining to that part is deducted from the amount of consideration pertaining to that long-term large-scale construction or construction work, deeming that there was no transfer, etc. of assets in the taxable period that includes that day.
A business operator that intends to be subject to the application of the preceding three paragraphs is to make a note to that effect on the return under Article 45, paragraph (1).
In addition to what is provided for in the preceding paragraph, special provisions on the time of transfers, etc. of assets pertaining to long-term large-scale construction or construction work in the case where an individual business operator to which paragraph (1) or (2) applies has died, where a corporation to which those provisions apply has ceased to exist through a merger, or where a corporation to which those provisions apply has caused a successor corporation in a company split to succeed, through a corporate split, to the business pertaining to long-term large-scale construction or construction work, and other matters necessary for the application of paragraphs (1) through (3), are specified by Cabinet Order.
Special Provisions on the Time, etc. of Transfers, etc. of Assets Pertaining to Small-Scale Business Operators, etc.(小規模事業者等に係る資産の譲渡等の時期等の特例)
Article 18, paragraph (1)
For an individual business operator that is subject to the application of Article 67, paragraph (1) or (2) (Periods to Which Revenue and Expenses of Small Enterprises and Similar Businesses Are Attributed) of the Income Tax Act, the time of its transfers, etc. of assets and taxable purchases may be deemed to be the day on which the amount of consideration for the transfer, etc. of assets was received and the day on which the amount of expenses for the taxable purchase was paid.
A business operator that intends to be subject to the application of the preceding paragraph is to make a note to that effect on the return under Article 45, paragraph (1).
In addition to what is provided for in the preceding paragraph, special provisions on the time of transfers, etc. of assets and taxable purchases in the case where an individual business operator to which paragraph (1) applies ceases to be subject to that application, and other matters necessary for the application of that paragraph, are specified by Cabinet Order.
In this Act, "taxable period" means the period specified in each of the following items in accordance with the category of business operator listed in that item.
この法律において「課税期間」とは、次の各号に掲げる事業者の区分に応じ当該各号に定める期間とする。
Article 19, paragraph (1), item (i)
an individual business operator (excluding an individual business operator listed in item (iii) or item (iii)-2): the period from January 1 to December 31;
個人事業者(第三号又は第三号の二に掲げる個人事業者を除く。) 一月一日から十二月三十一日までの期間
Article 19, paragraph (1), item (ii)
a corporation (excluding a corporation listed in item (iv) or item (iv)-2): the business year;
法人(第四号又は第四号の二に掲げる法人を除く。) 事業年度
Article 19, paragraph (1), item (iii)
an individual business operator that has filed, with the district director having jurisdiction over its place for tax payment, a written notification to the effect of shortening the period specified in item (i) to periods of every three months, or of changing the periods specified in the following item to periods of every three months: each of the periods from January 1 to March 31, from April 1 to June 30, from July 1 to September 30, and from October 1 to December 31;
an individual business operator that has filed, with the district director having jurisdiction over its place for tax payment, a written notification to the effect of shortening the period specified in item (i) to periods of every month, or of changing the periods specified in the preceding item to periods of every month: each of the periods obtained by dividing the time on or after January 1 into periods of one month each;
a corporation whose business year exceeds three months and that has filed, with the district director having jurisdiction over its place for tax payment, a written notification to the effect of shortening the period specified in item (ii) to periods of every three months, or of changing the periods specified in the following item to periods of every three months: each of the periods obtained by dividing the business year into periods of three months each from the day on which it begins (or, where a period of less than three months remains at the end, that period of less than three months);
a corporation whose business year exceeds one month and that has filed, with the district director having jurisdiction over its place for tax payment, a written notification to the effect of shortening the period specified in item (ii) to periods of every month, or of changing the periods specified in the preceding item to periods of every month: each of the periods obtained by dividing the business year into periods of one month each from the day on which it begins (or, where a period of less than one month remains at the end, that period of less than one month).
The notification under the provisions of items (iii) through (iv)-2 of the preceding paragraph takes effect on or after the first day of the period following the period specified in those provisions in which falls the day on which the written notification under those provisions was filed (hereinafter in this paragraph referred to as the "filing date") (or, where the period in which the filing date falls is the period in which falls the day on which the business was commenced or any other period specified by Cabinet Order, that period). In this case, the period specified in each of the following items in accordance with the category of cases listed in that item is deemed to be a single taxable period.
if an individual business operator to whom the provisions of item (iii) or item (iii)-2 of the preceding paragraph have not been applied files a written notification under those provisions: the period from January 1 of the year in which the filing date falls to the day preceding the day on which the notification takes effect;
if a corporation to which the provisions of item (iv) or item (iv)-2 of the preceding paragraph have not been applied files a written notification under those provisions: the period from the first day of the business year in which the filing date falls to the day preceding the day on which the notification takes effect;
if an individual business operator to whom the provisions of item (iii) of the preceding paragraph have been applied files a written notification under the provisions of item (iii)-2 of that paragraph: the period from the first day of the period specified in item (iii) of that paragraph in which the filing date falls to the day preceding the day on which the notification takes effect;
if a corporation to which the provisions of item (iv) of the preceding paragraph have been applied files a written notification under the provisions of item (iv)-2 of that paragraph: the period from the first day of the period specified in item (iv) of that paragraph in which the filing date falls to the day preceding the day on which the notification takes effect.
A business operator that has filed a written notification under the provisions of items (iii) through (iv)-2 of paragraph (1) must, when it intends to cease to be subject to the application of those provisions or when it has discontinued its business, file a written notification to that effect with the district director having jurisdiction over its place for tax payment.
When a written notification under the preceding paragraph has been filed, the notification under the provisions of items (iii) through (iv)-2 of paragraph (1) ceases to be effective on and after the day following the last day of the taxable period in which falls the day on which that filing was made. In this case, the period specified in each of the following items in accordance with the category of cases listed in that item is deemed to be a single taxable period.
if an individual business operator that has filed a written notification under the provisions of item (iii) of paragraph (1) files a written notification under the preceding paragraph during the period from January 1 to September 30 of that year, or if an individual business operator that has filed a written notification under the provisions of item (iii)-2 of paragraph (1) files a written notification under the preceding paragraph during the period from January 1 to November 30 of that year: the period from that following day to December 31 of the year in which falls the day on which that filing was made;
if a corporation that has filed a written notification under the provisions of item (iv) of paragraph (1) files a written notification under the preceding paragraph during the period from the first day of its business year to the last day of the period immediately preceding the last of the periods into which the business year is divided by every three months, or if a corporation that has filed a written notification under the provisions of item (iv)-2 of paragraph (1) files a written notification under the preceding paragraph during the period from the first day of its business year to the last day of the period immediately preceding the last of the periods into which the business year is divided by every month: the period from that following day to the last day of the business year in which falls the day on which that filing was made.
A business operator that has filed a written notification under the provisions of items (iii) through (iv)-2 of paragraph (1) may not, except where it has discontinued its business, file a written notification under those provisions (limited to one relating to a change) or a written notification under paragraph (3), except on or after the first day of the period specified in those provisions in which falls the day on which two years have elapsed from the day on which the notification under those provisions takes effect (or, in the case where a business operator that has filed a written notification under item (iii) or item (iv) of paragraph (1) intends to become subject to the application of item (iii)-2 or item (iv)-2 of paragraph (1), or in any other case specified by Cabinet Order, the day specified by Cabinet Order).
Place for Tax Payment of Individual Business Operators(個人事業者の納税地)
Article 20, paragraph (1)
The place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by an individual business operator is the place specified in each of the following items in accordance with which of the cases listed in that item the individual business operator falls under.
if the taxpayer is domiciled in Japan: the place of domicile;
国内に住所を有する場合 その住所地
Article 20, paragraph (1), item (ii)
if the taxpayer is not domiciled in Japan but has a residence there: the place of residence;
国内に住所を有せず、居所を有する場合 その居所地
Article 20, paragraph (1), item (iii)
if the individual business operator has neither a domicile nor a residence in Japan but has in Japan an office, place of business, or other similar place relating to the business it conducts (hereinafter in this item, in paragraph (2) of the following Article, and in Article 22, item (ii) referred to as an "office or similar place"): the location of that office or similar place (or, where there are two or more such offices or similar places, the location of the principal one);
in a case other than those listed in the preceding three items: the place specified by Cabinet Order.
前三号に掲げる場合以外の場合 政令で定める場所
Article 21第二十一条
Special Provisions on the Place for Tax Payment of Individual Business Operators(個人事業者の納税地の特例)
Article 21, paragraph (1)
The place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by an individual business operator who has a residence in Japan in addition to a domicile and who is subject to the application of Article 16, paragraph (1) (Special Provisions on the Locality for Paying Over Taxes) of the Income Tax Act (excluding a person who has been designated a place for tax payment under Article 23, paragraph (1)) is, notwithstanding the provisions of item (i) of the preceding Article, the place of residence in lieu of the place of domicile.
The place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by an individual business operator who has a domicile or residence in Japan and also has an office or similar place at a location other than the place of domicile or the place of residence, and who is subject to the application of Article 16, paragraph (2) of the Income Tax Act (excluding a person who has been designated a place for tax payment under Article 23, paragraph (1)) is, notwithstanding the provisions of item (i) or item (ii) of the preceding Article, the location of that office or similar place (or, where there are two or more such offices or similar places, the location of the principal one).
Where an individual business operator dies, the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by the person who died is the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by that person at the time of death, irrespective of the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by that person's heirs.
The place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases by a corporation is the place specified in each of the following items in accordance with which of the cases listed in that item the corporation falls under.
if the corporation has its head office or principal office in Japan (referred to as a "domestic corporation" in the following item): the location of that head office or principal office;
if the corporation is a corporation other than a domestic corporation that has an office or similar place in Japan: the location of that office or similar place (or, where there are two or more such offices or similar places, the location of the principal one);
in a case other than those listed in the preceding two items: the place specified by Cabinet Order.
前二号に掲げる場合以外の場合 政令で定める場所
Article 23第二十三条
Designation of Place for Tax Payment(納税地の指定)
Article 23, paragraph (1)
If the place for tax payment under the provisions of the preceding three Articles is found to be inappropriate as the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases, in light of the status of the transfer, etc. of assets and specified purchases conducted by an individual business operator or a corporation, the regional commissioner having jurisdiction over that place for tax payment (or, in the cases specified by Cabinet Order, the Commissioner of the National Tax Agency; the same applies in the following paragraph) may, notwithstanding those provisions, designate the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases.
When the regional commissioner has designated the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases under the preceding paragraph, the regional commissioner notifies the individual business operator or corporation referred to in that paragraph to that effect in writing.
Effect of Returns and Other Filings If a Disposition Designating the Place for Tax Payment Is Revoked(納税地指定の処分の取消しがあつた場合の申告等の効力)
Article 24, paragraph (1)
Even if a disposition designating the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases under paragraph (1) of the preceding Article is revoked by a determination on a request for reinvestigation, a ruling on a request for review, or a judgment, the revocation is not to affect the validity of any return, application, claim, notification, or other submission of documents or any payment made with regard to that consumption tax, or of any disposition by the Commissioner of the National Tax Agency, a regional commissioner, or a district director (other than the disposition that was revoked), during the period from the time of the revoked disposition until the time of the revocation, treating the place for tax payment that was the subject of the revocation as the place for tax payment of the business operator to which the disposition related.
Notification of Change in the Place for Tax Payment of Corporations(法人の納税地の異動の届出)
Article 25, paragraph (1)
If there has been a change in the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases of a corporation (excluding a change in the place for tax payment of consumption tax on the transfer, etc. of assets and specified purchases resulting from a designation under Article 23, paragraph (1)), the corporation must, without delay, notify the district director having jurisdiction over the place for tax payment before the change to that effect in writing.
Place for Tax Payment for Foreign Goods(外国貨物に係る納税地)
Article 26, paragraph (1)
The place for tax payment of consumption tax on foreign goods taken out of a bonded area is the location of that bonded area.
保税地域から引き取られる外国貨物に係る消費税の納税地は、当該保税地域の所在地とする。
Article 27第二十七条Caption changed
Place for Tax Payment in Cases Such as Transfer of Goods Purchased at a Tax-Free ShopPlace for Tax Payment Where Tax-Exempt Goods Confirmed by the Director-General of the Customs House Are Not Exported輸出物品販売場において購入した物品を譲渡した場合等の納税地税関長の確認を受けた免税対象物品を輸出しない場合の納税地
Article 27, paragraph (1)(税関長の確認を受けた免税対象物品を輸出しない場合の納税地)Place for Tax Payment Where Tax-Exempt Goods Confirmed by the Director-General of the Customs House Are Not ExportedChanged
The place for tax payment of consumption tax on a transfer of tax-exempt goods prescribed in Article 8, paragraph (1) that falls under Article 8, paragraph (6) is the main clause place where the confirmation of the director-general of the customs house referred to in Article 8, paragraph (3) is 1) was obtained (or, in the port of departure case where the person eligible for tax-free purchase prescribed in that paragraph, or Article 8, paragraph (6) leaves Japan from a place other than the location of place where that confirmation was obtained, the domicile or residenceport of departure).
Article 27, paragraph (2)(輸出物品販売場において購入した物品を譲渡した場合等の納税地)Place for Tax Payment in Cases Such as Transfer of Goods Purchased at a Tax-Free ShopRemoved
The place for tax payment of consumption tax on a transfer of goods that falls under the main clause of Article 8, paragraph (5) or paragraph (6) of that Article is the location of the goods concerned in the transfer or acquisition, or in the approval, at the time of the transfer or acquisition prescribed in those provisions (or, where the approval under the proviso to paragraph (4) of that Article has been given, at the time the approval was given).
The tax base for consumption tax on taxable transfers, etc. of assets is the amount of consideration for the taxable transfer, etc. of assets (meaning the amount of all money, anything other than money, rights, or other economic benefits received or to be received as consideration, and not including the amount of consumption tax to be imposed on the taxable transfer, etc. of assets or the amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as its tax base; the same applies hereinafter in this paragraph and paragraph (3)). However, where a corporation transfers an asset to an officer prescribed in Article 4, paragraph (5), item (ii) and the amount of consideration is significantly lower than the value of that asset at the time of the transfer, the amount equivalent to that value is deemed to be the amount of consideration.
The tax base for consumption tax on specified taxable purchases is the amount of consideration paid for the specified taxable purchase (meaning the amount of all money, anything other than money, rights, or other economic benefits paid or to be paid as consideration).
For acts that fall under any of the items of Article 4, paragraph (5), the amount specified in each of the following items in accordance with the category of act listed in that item is deemed to be the amount of consideration.
consumption or use listed in Article 4, paragraph (5), item (i): the amount equivalent to the value of the asset consumed or used, at the time of that consumption or use;
a gift listed in Article 4, paragraph (5), item (ii): the amount equivalent to the value of the asset given, at the time of that gift.
第四条第五項第二号に掲げる贈与 当該贈与の時における当該贈与をした資産の価額に相当する金額
Article 28, paragraph (4)
The tax base for consumption tax on taxable goods taken out of a bonded area is the amount obtained by adding, to the price calculated for the taxable goods in accordance with the provisions of Articles 4 through 4-9 (Method of Calculating the Dutiable Value) of the Customs Tariff Act (Act No. 54 of 1910), an amount equivalent to the amount of consumption tax, etc. other than the consumption tax relating to the taking of the taxable goods out of the bonded area (meaning the consumption tax, etc. prescribed in Article 2, item (iii) (Definitions) of the Act on General Rules for National Taxes; excluding the amount equivalent to the amount of accessory tax) and an amount equivalent to the amount of customs duty (excluding the amount equivalent to the amount of accessory tax prescribed in Article 2, paragraph (1), item (iv)-2 of the Customs Act).
In addition to what is provided for in paragraph (3), matters necessary for the details of the calculation of the amount of the tax base prescribed in paragraph (1), paragraph (2), or the preceding paragraph are specified by Cabinet Order.
The rate of consumption tax is the rate specified in each of the following items in accordance with the category listed in that item.
消費税の税率は、次の各号に掲げる区分に応じ当該各号に定める率とする。
Article 29, paragraph (1), item (i)
taxable transfers, etc. of assets (excluding taxable transfers, etc. of assets subject to the reduced rate), specified taxable purchases, and taxable goods taken out of a bonded area (excluding taxable goods subject to the reduced rate): 7.8 percent;
taxable transfers, etc. of assets subject to the reduced rate and taxable goods subject to the reduced rate that are taken out of a bonded area: 6.24 percent.
軽減対象課税資産の譲渡等及び保税地域から引き取られる軽減対象課税貨物 百分の六・二四
Chapter III Tax Deductions, etc.第三章 税額控除等
Article 30第三十条
Deduction of Consumption Tax on Purchases(仕入れに係る消費税額の控除)
Article 30, paragraph (1)
With respect to a taxable purchase that a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) makes in Japan (excluding one that falls under a specified taxable purchase; the same applies hereinafter in this Article and in Articles 32 through 36) or a specified taxable purchase, or taxable goods that it takes out of a bonded area, there is deducted from the amount of consumption tax set forth in Article 45, paragraph (1), item (ii) (hereinafter in this Chapter referred to as "consumption tax on the tax base amount") for the taxable period that includes the day specified in each of the following items according to the category of case set forth in that item the total of the amount of consumption tax on taxable purchases made in Japan during that taxable period (meaning an amount calculated on the basis of the matters stated in the qualified invoice (meaning a qualified invoice prescribed in Article 57-4, paragraph (1); the same applies in paragraph (9)) or qualified simplified invoice (meaning a qualified simplified invoice prescribed in Article 57-4, paragraph (2); the same applies in paragraph (9)) relating to that taxable purchase, or any other amount calculated as provided by Cabinet Order; the same applies hereinafter in this Chapter), the amount of consumption tax on specified taxable purchases made in Japan during that taxable period (meaning an amount calculated by multiplying the amount of consideration paid for that specified taxable purchase by 7.8 percent; the same applies hereinafter in this Chapter), and the amount of consumption tax imposed or to be imposed on taxable goods relating to the taking out of a bonded area in that taxable period (excluding goods exempted from consumption tax under the provisions of other laws or treaties; the same applies hereinafter in this Chapter) (excluding an amount equivalent to the amount of accessory tax; the same applies in the following paragraph).
in the case where a taxable purchase is made in Japan: the day on which that taxable purchase was made;
国内において課税仕入れを行つた場合 当該課税仕入れを行つた日
Article 30, paragraph (1), item (ii)
in the case where a specified taxable purchase is made in Japan: the day on which that specified taxable purchase was made;
国内において特定課税仕入れを行つた場合 当該特定課税仕入れを行つた日
Article 30, paragraph (1), item (iii)
in the case where a return under Article 47, paragraph (1) (excluding the case under paragraph (3) of that Article) or a return under paragraph (2) of that Article has been submitted for taxable goods taken out of a bonded area: the day on which the taxable goods relating to that return (referred to in paragraph (6) as "taxable goods under a general return") were taken;
in the case where a special return has been submitted for taxable goods taken out of a bonded area (including the case where a determination (meaning a determination under Article 25 (Determination) of the Act on General Rules for National Taxes; the same applies hereinafter in this item) has been made with respect to the amount set forth in Article 47, paragraph (1), item (i) or (ii) that is to be stated in that special return; the same applies hereinafter): the day on which that special return was submitted or the day on which notice was received of the determination relating to that return (hereinafter referred to as a "determination on a special return").
In the case referred to in the preceding paragraph, where the taxable sales in the taxable period prescribed in that paragraph exceed 500 million yen, or where the taxable sales ratio in that taxable period is less than 95 percent, the total of the amount of consumption tax on taxable purchases, the amount of consumption tax on specified taxable purchases, and the amount of consumption tax imposed or to be imposed on taxable goods relating to the taking out of a bonded area prescribed in that paragraph, which are deducted under the provisions of that paragraph (hereinafter in this Chapter referred to as the "amount of tax on taxable purchases, etc."), is, notwithstanding the provisions of that paragraph, the amount calculated by the method specified in each of the following items according to the category of case set forth in that item.
in the case where, with respect to taxable purchases and specified taxable purchases made in Japan during that taxable period and taxable goods relating to the taking out of a bonded area prescribed in the preceding paragraph in that taxable period, it is clear which are required solely for taxable transfers, etc. of assets, which are required solely for transfers, etc. of assets other than taxable transfers, etc. of assets (referred to in this item as "other transfers, etc. of assets"), and which are required commonly for taxable transfers, etc. of assets and other transfers, etc. of assets: the method of adding the amount set forth in (b) to the amount set forth in (a):
the total amount of the amount of tax on taxable purchases, etc. relating to taxable purchases, specified taxable purchases and taxable goods required solely for taxable transfers, etc. of assets;
課税資産の譲渡等にのみ要する課税仕入れ、特定課税仕入れ及び課税貨物に係る課税仕入れ等の税額の合計額
Article 30, paragraph (2), item (i), (b)
the amount calculated by multiplying the total amount of the amount of tax on taxable purchases, etc. relating to taxable purchases, specified taxable purchases and taxable goods required commonly for taxable transfers, etc. of assets and other transfers, etc. of assets by the taxable sales ratio;
in cases other than the case set forth in the preceding item: the method of calculating by multiplying the total amount of the amount of tax on taxable purchases, etc. in that taxable period by the taxable sales ratio.
In the case set forth in item (i) of the preceding paragraph, where there is a ratio equivalent to the taxable sales ratio prescribed in (b) of that item, which is the basis for calculating the amount set forth in (b) of that item (where that ratio is calculated separately for each different type of business conducted by the business operator or for each different type of selling expenses, general and administrative expenses or other expenses relating to that business, each ratio so calculated separately; the same applies hereinafter in this paragraph) that meets all of the following requirements, then for the taxable periods on or after the taxable period that includes the day on which the business operator received the approval prescribed in item (ii), the amount set forth in (b) of that item is, notwithstanding the provisions of item (i) of the preceding paragraph, the amount calculated using that ratio in place of that taxable sales ratio; provided, however, that this does not apply to taxable periods on or after the taxable period that includes the day on which a written notification stating the intention to discontinue calculating using that ratio is submitted.
that the ratio is reasonably calculated in accordance with the type of business conducted by the business operator or the type of selling expenses, general and administrative expenses or other expenses relating to that business;
that the business operator has received the approval of the district director having jurisdiction over its place for tax payment for calculating the amount set forth in item (i), (b) of the preceding paragraph using that ratio.
A business operator that falls under the case set forth in paragraph (2), item (i) may, notwithstanding the provisions of that paragraph, with respect to taxable purchases and specified taxable purchases made in Japan during that taxable period and taxable goods relating to the taking out of a bonded area prescribed in paragraph (1) in that taxable period, calculate the total amount of the amount of tax on taxable purchases, etc. deducted under the provisions of paragraph (1), in place of the method specified in that item, by the method specified in paragraph (2), item (ii).
In the case referred to in paragraph (2) or the preceding paragraph, a business operator that has decided to calculate by the method specified in paragraph (2), item (ii) may not calculate by the method specified in item (i) of that paragraph unless it is a taxable period after that method has been continuously applied in each taxable period that begins during the period from the first day of the taxable period for which it decided to calculate by that method to the day on which two years have elapsed from that same day.
The amount of consideration paid for a specified taxable purchase prescribed in paragraph (1) means the amount of consideration for the specified taxable purchase (meaning the amount of all money or anything other than money, or rights or other economic benefits, paid or to be paid as consideration); the taxable goods relating to the taking out of a bonded area prescribed in that paragraph means taxable goods under a general return taken out of a bonded area, or taxable goods relating to the submission of a special return or to a determination on a special return; the taxable sales in the taxable period prescribed in paragraph (2) means the remainder after deducting, from the total amount of consideration for taxable transfers, etc. of assets made by the business operator in Japan during that taxable period (meaning the amount of consideration prescribed in Article 28, paragraph (1); the same applies hereinafter in this paragraph), the total of the amounts of tax-exclusive refunds, etc. of consideration for sales in that taxable period (meaning the amount obtained by deducting, from the amount of refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) made during that taxable period, the amount calculated by multiplying the amount of consumption tax relating to the amount of refund, etc. of consideration for sales prescribed in that paragraph by 100/78) (where that taxable period is less than one year, the amount calculated by dividing that remainder by the number of months in that taxable period (calculated according to the calendar, with any fraction of less than one month counted as one month) and multiplying the result by twelve); and the taxable sales ratio prescribed in paragraph (2) means the ratio calculated as provided by Cabinet Order as the proportion that the total amount of consideration for taxable transfers, etc. of assets made by the business operator in Japan during that taxable period accounts for in the total amount of consideration for transfers, etc. of assets (excluding those that fall under specified transfers, etc. of assets) made by the business operator in Japan during that taxable period.
The provisions of paragraph (1) do not apply to the amount of tax on taxable purchases, etc. relating to a taxable purchase, specified taxable purchase or taxable goods for which the business operator does not preserve the books and invoices, etc. relating to the deduction of the amount of tax on taxable purchases, etc. for the taxable period (books only, as to the amount of tax on taxable purchases, etc. in a case specified by Cabinet Order, such as where it is difficult to receive delivery of invoices, etc. or where it relates to a specified taxable purchase); provided, however, that this does not apply where the business operator proves that it was unable to preserve them due to a disaster or other unavoidable circumstances.
The books prescribed in the preceding paragraph means the following books.
前項に規定する帳簿とは、次に掲げる帳簿をいう。
Article 30, paragraph (8), item (i)
where the amount of tax on taxable purchases, etc. relates to a taxable purchase, books in which the following matters are stated:
課税仕入れ等の税額が課税仕入れに係るものである場合には、次に掲げる事項が記載されているもの
Article 30, paragraph (8), item (i), (a)
the name of the counterparty to the taxable purchase;
課税仕入れの相手方の氏名又は名称
Article 30, paragraph (8), item (i), (b)
the date on which the taxable purchase was made;
課税仕入れを行つた年月日
Article 30, paragraph (8), item (i), (c)
the details of the asset or services relating to the taxable purchase (where the taxable purchase relates to a taxable transfer, etc. of assets subject to the reduced rate received from another person, the details of the asset and the fact that it relates to a taxable transfer, etc. of assets subject to the reduced rate);
the amount of consideration paid for the taxable purchase (meaning the amount of all money or anything other than money, or rights or other economic benefits, paid or to be paid as consideration for that taxable purchase, and, where there is an amount equivalent to the amount of consumption tax to be imposed on the business operator that transfers or lends the asset relating to that taxable purchase or provides the services relating to that taxable purchase and the amount of local consumption tax to be imposed with that amount of consumption tax as its tax base (excluding the amount equivalent to the amount of accessory tax on these tax amounts), including that equivalent amount; the same applies in Article 32, paragraph (1));
where the amount of tax on taxable purchases, etc. relates to a specified taxable purchase, books in which the following matters are stated:
課税仕入れ等の税額が特定課税仕入れに係るものである場合には、次に掲げる事項が記載されているもの
Article 30, paragraph (8), item (ii), (a)
the name of the counterparty to the specified taxable purchase;
特定課税仕入れの相手方の氏名又は名称
Article 30, paragraph (8), item (ii), (b)
the date on which the specified taxable purchase was made;
特定課税仕入れを行つた年月日
Article 30, paragraph (8), item (ii), (c)
the details of the specified taxable purchase;
特定課税仕入れの内容
Article 30, paragraph (8), item (ii), (d)
the amount of consideration paid for the specified taxable purchase prescribed in paragraph (1);
第一項に規定する特定課税仕入れに係る支払対価の額
Article 30, paragraph (8), item (ii), (e)
the fact that it relates to a specified taxable purchase;
特定課税仕入れに係るものである旨
Article 30, paragraph (8), item (iii)
where the amount of tax on taxable purchases, etc. relates to taxable goods relating to the taking out of a bonded area prescribed in paragraph (1), books in which the following matters are stated:
the date on which the taxable goods were taken out of a bonded area (where a special return has been submitted for the taxable goods, the date on which they were taken out of the bonded area and the date on which the special return was submitted or the date on which notice was received of the determination on a special return);
the amount of consumption tax and the amount of local consumption tax relating to the taking out of the taxable goods (excluding the amount equivalent to the amount of accessory tax on these tax amounts; the same applies in item (v) of the following paragraph) or the total of these amounts.
The invoice, etc. prescribed in paragraph (7) means the following documents and electronic or magnetic records (meaning an electronic or magnetic record prescribed in Article 2, item (iii) (Definitions) of the Act on Special Provisions concerning Preservation Methods for Books and Documents Related to National Tax Prepared by Means of Computers; the same applies in item (ii)).
a qualified invoice or qualified simplified invoice that another business operator (limited to a qualified invoice issuer; the same applies in the following item and item (iii)) that conducts a taxable transfer, etc. of assets with respect to the business operator (excluding a transfer, etc. of assets for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1), or any other Act or treaty; the same applies in the following item and item (iii)) delivers to that business operator for that taxable transfer, etc. of assets;
an electronic or magnetic record that another business operator that conducts a taxable transfer, etc. of assets with respect to the business operator provides, under the provisions of Article 57-4, paragraph (5), in place of the qualified invoice or qualified simplified invoice that it should deliver to that business operator for that taxable transfer, etc. of assets;
a detailed statement of purchases, statement of purchase calculations, or other similar document that a business operator prepares for a taxable purchase it has made (limited to one that falls under a taxable transfer, etc. of assets conducted by another business operator, and excluding, among those taxable transfers, etc. of assets, any to which the proviso to Article 57-4, paragraph (1) or the main clause of Article 57-6, paragraph (1) applies), in which the name of the counterparty to the taxable purchase and other matters specified by Cabinet Order are stated (limited to a document in which the matters stated have been confirmed by the counterparty to the taxable purchase);
an invoice, delivery slip, or other similar document in which matters specified by Cabinet Order are stated, that a business operator receives, from a person who conducts the business of intermediation or agency, for a taxable purchase it has made (limited to a taxable purchase specified by Cabinet Order as one made through a person who conducts the business of intermediation or agency, such as one made by auction or tender at a wholesale market);
a document specified by Cabinet Order, such as a document certifying that import permission (meaning import permission prescribed in Article 67 (Permission for Export or Import) of the Customs Act) has been granted for taxable goods, that a business operator that takes the taxable goods out of a bonded area receives from the director-general of a customs house, in which the following matters are stated:
the director-general of the customs house having jurisdiction over the place for tax payment;
納税地を所轄する税関長
Article 30, paragraph (9), item (v), (b)
the date on which it became possible to take the taxable goods out of a bonded area (where a special return has been submitted for the taxable goods, the date on which it became possible to take them out of the bonded area and the date on which the special return was submitted or the date on which notice was received of the determination on a special return);
the amount of the tax base for consumption tax on the taxable goods, and the amount of consumption tax and the amount of local consumption tax relating to the taking out of the taxable goods;
課税貨物に係る消費税の課税標準である金額並びに引取りに係る消費税額及び地方消費税額
Article 30, paragraph (9), item (v), (e)
the name of the business operator that receives the document.
書類の交付を受ける事業者の氏名又は名称
Article 30, paragraph (10)
The provisions of paragraph (1) do not apply to the amount of tax on taxable purchases, etc. relating to a building (limited to one that falls under a high-value specified asset prescribed in Article 12-4, paragraph (1) or an adjustment-target self-constructed high-value asset prescribed in paragraph (2) of that Article; referred to as a "residential rental building" in Article 35-2), other than a building (including its accessory facilities; the same applies hereinafter in this paragraph) that is clearly not to be used for the lending of housing listed in Appended Table 2, item (xiii) that the business operator conducts in Japan.
Where a business operator does not preserve an identity verification document (meaning a copy of a resident record or any other document specified by Ministry of Finance Order) of the counterparty to a taxable purchase (limited to a taxable purchase for which the asset is gold or platinum bullion), the provisions of paragraph (1) do not apply to the amount of consumption tax on the taxable purchase for which there is no such preservation; provided, however, that this does not apply where the business operator proves that it was unable to preserve the document due to a disaster or other unavoidable circumstances.
The provisions of paragraph (1) do not apply to the amount of consumption tax on a taxable purchase where, at the time of the taxable purchase, the asset relating to the taxable purchase is taxable goods taken out of a bonded area without payment of the consumption tax that should have been paid, or goods for which consumption tax was exempted under the provisions of Article 8, paragraph (1) (limited to the case where the business operator making the taxable purchase knew that the consumption tax had not been paid or that it was exempted).
Special provisions on the matters to be stated in the books prescribed in paragraph (7), matters concerning the preservation of those books and the invoices, etc. prescribed in that paragraph, and other matters necessary for the application of the provisions of the preceding paragraphs are specified by Cabinet Order.
Special Provisions on Deduction of Consumption Tax on Purchases in the Case of Export of Non-Taxable Assets, etc.(非課税資産の輸出等を行つた場合の仕入れに係る消費税額の控除の特例)
Article 31, paragraph (1)
Where a business operator conducts in Japan, among transfers, etc. of assets for which consumption tax is not to be imposed under the provisions of Article 6, paragraph (1) (hereinafter in this paragraph referred to as "non-taxable transfers, etc. of assets"), one that falls under the transfers, etc. of assets listed in the items of Article 7, paragraph (1) (hereinafter in this paragraph and the following paragraph referred to as "export transactions, etc."), and it has been proved, as provided by Ministry of Finance Order, that the non-taxable transfer, etc. of assets falls under an export transaction, etc., the provisions of the preceding Article apply, with the non-taxable transfer, etc. of assets for which that proof has been made deemed to fall under an export transaction, etc. relating to a taxable transfer, etc. of assets.
Where a business operator exports an asset for a transfer, etc. of assets outside Japan or for its own use, and it has been proved, as provided by Ministry of Finance Order, that the asset has been exported, the provisions of the preceding Article apply, with the export of the asset for which that proof has been made deemed to fall under an export transaction, etc. relating to a taxable transfer, etc. of assets.
The method of calculating the taxable sales ratio prescribed in paragraph (2) of the preceding Article in the cases under the preceding two paragraphs, and other matters necessary for the application of the provisions of that Article, are specified by Cabinet Order.
Special Provisions on Deduction of Consumption Tax on Purchases in the Case of Receipt of a Refund, etc. of Consideration for Purchases(仕入れに係る対価の返還等を受けた場合の仕入れに係る消費税額の控除の特例)
Article 32, paragraph (1)
Where a business operator, by returning goods or receiving a price reduction or rebate with respect to a taxable purchase that it made in Japan (limited to one to which the provisions of Article 30, paragraph (1) have been applied; the same applies hereinafter in this Article) or a specified taxable purchase, receives a refund of all or part of the amount of consideration paid for the taxable purchase or the amount of consideration paid for the specified taxable purchase (meaning the amount of consideration paid for a specified taxable purchase prescribed in that paragraph; the same applies hereinafter in this paragraph), or a reduction of all or part of the amount of accounts payable or other debts relating to the amount of consideration paid for the taxable purchase or the amount of consideration paid for the specified taxable purchase (hereinafter in this Article referred to as a "refund, etc. of consideration for purchases"), the provisions of Article 30, paragraph (1) (including the provisions of paragraph (2) of that Article, where those provisions apply) apply with the amount specified in each of the following items in accordance with the category of cases listed in that item deemed to be the total amount of tax on taxable purchases, etc. for the taxable period that includes the day on which the refund, etc. of consideration for purchases was received.
where paragraph (2) of Article 30 does not apply to the calculation of the total amount of tax on taxable purchases, etc. deducted under the provisions of paragraph (1) of that Article for that taxable period of the business operator (hereinafter in this Chapter referred to as "consumption tax on purchases"): the remainder after deducting, from the total amount of tax on taxable purchases, etc. for that taxable period, the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for purchases was received in that taxable period (meaning the amount calculated by multiplying the amount refunded of the amount of consideration paid for the taxable purchase, or the amount of the debt reduced, by 7.8/110 (or, where the refund, etc. of consideration for purchases relates to a taxable transfer, etc. of assets subject to the reduced rate received from another person, 6.24/108), and the amount calculated by multiplying the amount refunded of the amount of consideration paid for the specified taxable purchase, or the amount of the debt reduced, by 7.8 percent; the same applies hereinafter in this paragraph and the following paragraph);
where the business operator calculates the consumption tax on purchases for that taxable period by the method specified in Article 30, paragraph (2), item (i): the amount obtained by adding the amount set forth in (b) to the amount set forth in (a);
the remainder after deducting, from the amount set forth in Article 30, paragraph (2), item (i), (a), the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for purchases was received in that taxable period for taxable purchases required solely for taxable transfers, etc. of assets;
the remainder after deducting, from the amount set forth in Article 30, paragraph (2), item (i), (b), the amount calculated by multiplying the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for purchases was received in that taxable period for taxable purchases required commonly for taxable transfer, etc. of assets and other transfer, etc. of assets (meaning other transfer, etc. of assets prescribed in that item; the same applies in paragraph (4), item (ii), (b)) by the taxable sales ratio prescribed in Article 30, paragraph (2), item (i), (b) (where the main clause of paragraph (3) of that Article applies, the amount calculated using the ratio relating to the approval prescribed in that paragraph; the same applies in paragraph (4), item (ii), (b)).
where the business operator calculates the consumption tax on purchases for that taxable period by the method specified in Article 30, paragraph (2), item (ii): the remainder after deducting, from the amount calculated by multiplying the total amount of tax on taxable purchases, etc. prescribed in that item by the taxable sales ratio prescribed in that item (hereinafter in this item and paragraph (4), item (iii) referred to as the "taxable sales ratio"), the amount calculated by multiplying the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for purchases was received in that taxable period by the taxable sales ratio.
Where, after deducting under the provisions of the preceding paragraph the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for purchases was received from the total amount of tax on taxable purchases, etc. for the taxable period that includes the day on which that refund, etc. of consideration for purchases was received, there remains an amount that cannot be fully deducted, that amount is deemed to be consumption tax on a taxable transfer, etc. of assets and, as provided by Cabinet Order, is added to the amount of consumption tax on the tax base amount for that taxable period.
Where an heir who has succeeded to the business of a decedent through inheritance receives a refund, etc. of consideration for purchases with respect to a taxable purchase or specified taxable purchase made by the decedent, the provisions of the preceding two paragraphs apply as if the heir had received a refund, etc. of consideration for purchases with respect to a taxable purchase or specified taxable purchase made by the heir.
Where a business operator receives, under the provisions of another Act, a refund of all or part of the amount of consumption tax relating to taxable goods taken out of a bonded area (meaning taxable goods taken out of a bonded area prescribed in Article 30, paragraph (1); the same applies hereinafter in this Article and Article 36), the provisions of Article 30, paragraph (1) (including the provisions of paragraph (2) of that Article, where those provisions apply) apply with the amount specified in each of the following items in accordance with the category of cases listed in that item deemed to be the total amount of tax on taxable purchases, etc. for the taxable period that includes the day on which the refund is received.
where paragraph (2) of Article 30 does not apply to the calculation of the consumption tax on purchases for that taxable period of the business operator: the remainder after deducting, from the total amount of tax on taxable purchases, etc. for that taxable period (where item (i) of paragraph (1) applies in that taxable period, the remainder specified in that item), the total amount of consumption tax for which a refund is received in that taxable period for taxable goods taken out of a bonded area (excluding the amount equivalent to the amount of accessory tax; the same applies hereinafter in this Article);
where the business operator calculates the consumption tax on purchases for that taxable period by the method specified in Article 30, paragraph (2), item (i): the amount obtained by adding the amount set forth in (b) to the amount set forth in (a);
the remainder after deducting, from the amount set forth in Article 30, paragraph (2), item (i), (a) (where item (ii), (a) of paragraph (1) applies in that taxable period, the remainder set forth in (a) of that item), the total amount of consumption tax for which a refund is received in that taxable period for taxable goods required solely for taxable transfers, etc. of assets;
the remainder after deducting, from the amount set forth in Article 30, paragraph (2), item (i), (b) (where item (ii), (b) of paragraph (1) applies in that taxable period, the remainder set forth in (b) of that item), the amount calculated by multiplying the total amount of consumption tax for which a refund is received in that taxable period for taxable goods required commonly for taxable transfers, etc. of assets and other transfers, etc. of assets by the taxable sales ratio prescribed in Article 30, paragraph (2), item (i), (b).
where the business operator calculates the consumption tax on purchases for that taxable period by the method specified in Article 30, paragraph (2), item (ii): the remainder after deducting, from the amount calculated by multiplying the total amount of tax on taxable purchases, etc. prescribed in that item by the taxable sales ratio (where item (iii) of paragraph (1) applies in that taxable period, the remainder specified in that item), the amount calculated by multiplying the total amount of consumption tax for which a refund is received in that taxable period for taxable goods by that taxable sales ratio.
Where, after deducting under the provisions of the preceding paragraph the total amount of consumption tax for which a refund is received from the total amount of tax on taxable purchases, etc. for the taxable period that includes the day on which the refund is received, there remains an amount that cannot be fully deducted, that amount is deemed to be consumption tax on a taxable transfer, etc. of assets and, as provided by Cabinet Order, is added to the amount of consumption tax on the tax base amount for that taxable period.
Where an heir who has succeeded to the business of a decedent through inheritance receives, under the provisions of another Act, a refund of all or part of the amount of consumption tax relating to taxable goods taken out of a bonded area by the decedent, the provisions of the preceding two paragraphs apply as if the heir had received a refund of all or part of the amount of consumption tax relating to taxable goods taken out of a bonded area by the heir.
The provisions of paragraph (3) apply mutatis mutandis to the case where a merging corporation that has succeeded to a business through a merger receives a refund, etc. of consideration for purchases with respect to a taxable purchase or specified taxable purchase made by the merged corporation, or the case where a successor corporation in a company split that has succeeded to a business through a company split receives a refund, etc. of consideration for purchases with respect to a taxable purchase or specified taxable purchase made by the splitting corporation, and the provisions of the preceding paragraph apply mutatis mutandis to the case where a merging corporation that has succeeded to a business through a merger receives a refund of the amount of consumption tax relating to taxable goods taken out of a bonded area by the merged corporation, or the case where a successor corporation in a company split that has succeeded to a business through a company split receives a refund of the amount of consumption tax relating to taxable goods taken out of a bonded area by the splitting corporation, respectively.
Matters necessary for the details of the calculation of the amount of consumption tax relating to the amount for which a refund, etc. of consideration for purchases was received, as prescribed in paragraph (1), item (i), are specified by Cabinet Order.
Adjustment of Consumption Tax on Purchases Relating to Adjustment-Target Fixed Assets in the Case of a Significant Fluctuation in the Taxable Sales Ratio(課税売上割合が著しく変動した場合の調整対象固定資産に関する仕入れに係る消費税額の調整)
Article 33, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) makes a taxable purchase or specified taxable purchase of an adjustment-target fixed asset in Japan, or takes taxable goods that fall under an adjustment-target fixed asset out of a bonded area, and calculates the consumption tax on purchases by the proportional allocation method with respect to the amount of tax on taxable purchases, etc. relating to that taxable purchase or specified taxable purchase or those taxable goods (including the case where the entire amount of tax on taxable purchases, etc. relating to that adjustment-target fixed asset has been deducted under the provisions of Article 30, paragraph (1)), and that business operator (including an heir who has succeeded to the business of that business operator relating to that adjustment-target fixed asset through inheritance, a merging corporation that has succeeded to that business through a merger, and a successor corporation in a company split that has succeeded to the business relating to that adjustment-target fixed asset through a company split, but excluding, among these persons, those exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1); the same applies hereinafter in this paragraph) holds that adjustment-target fixed asset on the last day of the third-year taxable period, and the aggregate taxable sales ratio for the third-year taxable period has significantly increased, in a case specified by Cabinet Order, relative to the taxable sales ratio prescribed in Article 30, paragraph (2) for the taxable period of purchase, etc. (meaning the taxable period that includes the day of the taxable purchase or the day of the specified taxable purchase of that adjustment-target fixed asset, or the day on which it was taken out of a bonded area (where a special return has been submitted for taxable goods that fall under that adjustment-target fixed asset, the day on which the special return was submitted or the day on which notice was received of the determination on a special return; the same applies in paragraph (1) of the following Article and in Article 35); the same applies hereinafter in this paragraph and the following paragraph) (where the provisions of the main clause of paragraph (3) of that Article were applied in the taxable period of purchase, etc., the ratio relating to the approval prescribed in that paragraph; the same applies hereinafter in this paragraph and the following paragraph), the amount of consumption tax equivalent to the amount obtained by deducting the total set forth in item (i) from the total set forth in item (ii) is to be added to the consumption tax on purchases for that third-year taxable period of that person; and where that aggregate taxable sales ratio has significantly decreased relative to that taxable sales ratio, in a case specified by Cabinet Order, the amount of consumption tax equivalent to the amount obtained by deducting the total set forth in item (ii) from the total set forth in item (i) is to be deducted from the consumption tax on purchases for that third-year taxable period of that person. In this case, the amount after that addition or after that deduction is deemed to be the consumption tax on purchases for that taxable period.
the total amount of consumption tax calculated by multiplying the amount of consumption tax on the taxable purchase or the amount of consumption tax on the specified taxable purchase of that adjustment-target fixed asset held on the last day of the third-year taxable period (hereinafter in this item referred to as the "held adjustment-target fixed asset"), or the amount of consumption tax on taxable goods that are a held adjustment-target fixed asset (excluding the amount equivalent to the amount of accessory tax) (hereinafter in this item and the following item referred to as the "base tax amount for adjustment"), by the taxable sales ratio prescribed in Article 30, paragraph (2) for the taxable period of purchase, etc. (or, where the entire amount of tax on taxable purchases, etc. relating to that held adjustment-target fixed asset was deducted under paragraph (1) of that Article in the taxable period of purchase, etc., the total of the base tax amounts for adjustment);
the total amount of consumption tax calculated by multiplying the base tax amount for adjustment by the aggregate taxable sales ratio.
調整対象基準税額に通算課税売上割合を乗じて計算した消費税額の合計額
Article 33, paragraph (2)
The proportional allocation method prescribed in the preceding paragraph means the method of calculating by multiplying by the taxable sales ratio prescribed in Article 30, paragraph (2), item (i), (b) (hereinafter in this paragraph referred to as the "taxable sales ratio"), or the method specified in paragraph (2), item (ii) of that Article; the third-year taxable period prescribed in the preceding paragraph means the taxable period that includes the day on which three years have elapsed from the first day of the taxable period of purchase, etc.; and the aggregate taxable sales ratio prescribed in that paragraph means the taxable sales ratio obtained by aggregating, as provided by Cabinet Order, the taxable sales ratios that should apply in each taxable period from the taxable period of purchase, etc. to the third-year taxable period.
Where, under the provisions of paragraph (1), the amount of consumption tax equivalent to the amount obtained by deducting the total set forth in item (ii) of that paragraph from the total set forth in item (i) of that paragraph is deducted from the consumption tax on purchases for that third-year taxable period and there is an amount that cannot be fully deducted, that amount is deemed to be consumption tax on a taxable transfer, etc. of assets and is added to the amount of consumption tax on the tax base amount for that third-year taxable period.
Adjustment of Consumption Tax on Purchases in the Case of Conversion of an Adjustment-Target Fixed Asset for Taxable Business Use to Non-Taxable Business Use(課税業務用調整対象固定資産を非課税業務用に転用した場合の仕入れに係る消費税額の調整)
Article 34, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) makes a taxable purchase or specified taxable purchase of an adjustment-target fixed asset in Japan, or takes taxable goods that fall under an adjustment-target fixed asset out of a bonded area, and calculates the consumption tax on purchases, with respect to the amount of tax on taxable purchases, etc. relating to that taxable purchase or specified taxable purchase or those taxable goods (hereinafter in this paragraph referred to as the "tax amount for adjustment"), by the method specified in Article 30, paragraph (2), item (i), on the basis that it is required solely for the taxable transfers, etc. of assets prescribed in that item, and that business operator (including an heir who has succeeded to the business of that business operator relating to that adjustment-target fixed asset through inheritance, a merging corporation that has succeeded to that business through a merger, and a successor corporation in a company split that has succeeded to the business relating to that adjustment-target fixed asset through a company split, but excluding, among these persons, those exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) uses that adjustment-target fixed asset, within three years from the day of that taxable purchase, the day of that specified taxable purchase, or the day of that taking out of the bonded area, for the business relating to the other transfers, etc. of assets prescribed in that item, the amount of consumption tax specified in each of the following items in accordance with which of the periods listed in that item the day on which it was so used falls into is to be deducted from the consumption tax on purchases for the taxable period that includes that day. In this case, the amount after that deduction is deemed to be the consumption tax on purchases for that taxable period.
the period from the day of the taxable purchase or the day of the specified taxable purchase of that adjustment-target fixed asset, or the day of the taking out of a bonded area of taxable goods that fall under that adjustment-target fixed asset, to the day on which one year has elapsed from those days: the amount of consumption tax equivalent to the tax amount for adjustment;
the period from the day following the last day of the period listed in the preceding item to the day on which one year has elapsed from that day: the amount of consumption tax equivalent to two-thirds of the tax amount for adjustment;
the period from the day following the last day of the period listed in the preceding item to the day on which one year has elapsed from that day: the amount of consumption tax equivalent to one-third of the tax amount for adjustment.
Where, after deducting under the provisions of the preceding paragraph the amount of consumption tax specified in the items of that paragraph from the consumption tax on purchases for the taxable period that includes the day on which the asset was used for the business prescribed in that paragraph, there is an amount that cannot be fully deducted, that amount is deemed to be consumption tax on a taxable transfer, etc. of assets and is added to the amount of consumption tax on the tax base amount for the taxable period that includes the day on which the asset was used for that business.
Adjustment of Consumption Tax on Purchases in the Case of Conversion of an Adjustment-Target Fixed Asset for Non-Taxable Business Use to Taxable Business Use(非課税業務用調整対象固定資産を課税業務用に転用した場合の仕入れに係る消費税額の調整)
Article 35, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) makes a taxable purchase or specified taxable purchase of an adjustment-target fixed asset in Japan, or takes taxable goods that fall under an adjustment-target fixed asset out of a bonded area, and treats the consumption tax on purchases as nil, with respect to the amount of tax on taxable purchases, etc. relating to that taxable purchase or specified taxable purchase or those taxable goods (hereinafter in this Article referred to as the "tax amount for adjustment"), by the method specified in Article 30, paragraph (2), item (i), on the basis that it is required solely for the other transfers, etc. of assets prescribed in that item, and that business operator (including an heir who has succeeded to the business of that business operator relating to that adjustment-target fixed asset through inheritance, a merging corporation that has succeeded to that business through a merger, and a successor corporation in a company split that has succeeded to the business relating to that adjustment-target fixed asset through a company split, but excluding, among these persons, those exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) uses that adjustment-target fixed asset, within three years from the day of that taxable purchase, the day of that specified taxable purchase, or the day of that taking out of the bonded area, for the business relating to the taxable transfers, etc. of assets prescribed in that item, the amount of consumption tax specified in each of the following items in accordance with which of the periods listed in that item the day on which it was so used falls into is to be added to the consumption tax on purchases for the taxable period that includes that day. In this case, the amount after that addition is deemed to be the consumption tax on purchases for that taxable period.
the period from the day of the taxable purchase or the day of the specified taxable purchase of that adjustment-target fixed asset, or the day of the taking out of a bonded area of taxable goods that fall under that adjustment-target fixed asset, to the day on which one year has elapsed from those days: the amount of consumption tax equivalent to the tax amount for adjustment;
the period from the day following the last day of the period listed in the preceding item to the day on which one year has elapsed from that day: the amount of consumption tax equivalent to two-thirds of the tax amount for adjustment;
the period from the day following the last day of the period listed in the preceding item to the day on which one year has elapsed from that day: the amount of consumption tax equivalent to one-third of the tax amount for adjustment.
Adjustment of Consumption Tax on Purchases in the Case Where a Residential Rental Building Is Put to Taxable Rental Use, etc.(居住用賃貸建物を課税賃貸用に供した場合等の仕入れに係る消費税額の調整)
Article 35-2, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has had the provisions of Article 30, paragraph (10) applied with respect to the amount of tax on taxable purchases, etc. relating to a residential rental building, and that business operator (including an heir who has succeeded to the business of that business operator relating to that residential rental building through inheritance, a merging corporation that has succeeded to that business through a merger, and a successor corporation in a company split that has succeeded to the business relating to that residential rental building through a company split, but excluding, among these persons, those exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1); the same applies hereinafter in this paragraph) holds that residential rental building on the last day of the third-year taxable period and has put all or part of that residential rental building to use for lending other than the lending of housing listed in Appended Table 2, item (xiii) (referred to as "taxable rental use" in paragraph (3)) during the period from the day of purchase, etc. of that residential rental building to the last day of the third-year taxable period (referred to as the "adjustment period" in the following paragraph and paragraph (3)), the amount of consumption tax equivalent to the amount calculated by multiplying the amount of tax on taxable purchases, etc. relating to the residential rental building so held by the taxable rental ratio is to be added to the consumption tax on purchases for that third-year taxable period of that business operator. In this case, the amount after that addition is deemed to be the consumption tax on purchases for that taxable period.
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has had the provisions of Article 30, paragraph (10) applied with respect to the amount of tax on taxable purchases, etc. relating to a residential rental building, and that business operator (including an heir who has succeeded to the business of that business operator relating to that residential rental building through inheritance, a merging corporation that has succeeded to that business through a merger, and a successor corporation in a company split that has succeeded to the business relating to that residential rental building through a company split, but excluding, among these persons, those exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1); the same applies hereinafter in this paragraph) transfers all or part of that residential rental building to another person during the adjustment period (including the case where the residential rental building is deemed to be a transfer of an asset under the provisions of Article 4, paragraph (5)), the amount of consumption tax equivalent to the amount calculated by multiplying the amount of tax on taxable purchases, etc. relating to the residential rental building so transferred by the taxable transfer ratio is to be added to the consumption tax on purchases for the taxable period in which the business operator made the transfer. In this case, the amount after that addition is deemed to be the consumption tax on purchases for that taxable period.
The third-year taxable period prescribed in paragraph (1) means the taxable period that includes the day on which three years have elapsed from the first day of the taxable period that includes the day of purchase, etc. of the residential rental building prescribed in that paragraph; the day of purchase, etc. of the residential rental building prescribed in paragraph (1) means the day of the taxable purchase of that residential rental building (or, where that residential rental building is a self-constructed high-value specified asset prescribed in Article 12-4, paragraph (1), the day on which the construction, etc. prescribed in that paragraph of that self-constructed high-value specified asset was completed); the taxable rental ratio prescribed in paragraph (1) means the ratio calculated, as provided by Cabinet Order, as the proportion that the total amount of consideration for the lending of that residential rental building conducted by the business operator during the adjustment period (limited to lending put to taxable rental use) bears to the total amount of consideration for the lending of that residential rental building conducted by the business operator during the adjustment period (meaning the amount of consideration prescribed in Article 28, paragraph (1); the same applies hereinafter in this paragraph); and the taxable transfer ratio prescribed in the preceding paragraph means the ratio calculated, as provided by Cabinet Order, as the proportion that the total of the amount of consideration for the lending of that residential rental building conducted by the business operator during the taxable transfer adjustment period (limited to lending put to taxable rental use) and the total amount of consideration for the transfer of that residential rental building conducted by the business operator bears to the total of the amount of consideration for the lending of that residential rental building conducted by the business operator during the period from the day of purchase, etc. of the residential rental building prescribed in paragraph (1) to the day on which the business operator transferred that residential rental building to another person (hereinafter in this paragraph referred to as the "taxable transfer adjustment period") and the amount of consideration for the transfer of that residential rental building conducted by the business operator.
The application of the provisions of the preceding three paragraphs in the case where the provisions of Article 12-4, paragraph (2) apply to a residential rental building, and other matters necessary for the application of those provisions, are specified by Cabinet Order.
Adjustment of Consumption Tax on Inventory in the Case of Ceasing to Be Exempted from Tax Liability, etc.(納税義務の免除を受けないこととなつた場合等の棚卸資産に係る消費税額の調整)
Article 36, paragraph (1)
Where a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) has ceased to be subject to the application of that paragraph, and holds, on the day preceding the first day of the taxable period in which it ceased to be subject to it (or, where it ceased to be subject to the application of the main clause of Article 9, paragraph (1) under the provisions of Article 10, paragraph (1), Article 11, paragraph (1), or Article 12, paragraph (5), the day on which it ceased to be subject to it), inventory relating to taxable purchases acquired in Japan during the period in which it was exempted from the obligation to pay consumption tax, or taxable goods taken out of a bonded area during that period that fall under inventory (including inventory manufactured or constructed using that inventory as raw materials; the same applies hereinafter in this Article), the amount of consumption tax relating to the inventory relating to those taxable purchases or those taxable goods (meaning the amount calculated by multiplying the amount specified by Cabinet Order as the cost required to acquire that inventory or those taxable goods by 7.8/110 (or, where the inventory relating to those taxable purchases relates to a taxable transfer, etc. of assets subject to the reduced rate received from another person, or where those taxable goods are taxable goods subject to the reduced rate, 6.24/108); the same applies in paragraphs (3) and (5)) is deemed to be the amount of tax on taxable purchases, etc. that forms the basis for calculating the consumption tax on purchases for the taxable period in which it ceased to be subject to it.
The provisions of the preceding paragraph do not apply to inventory or taxable goods for which a business operator does not preserve, as provided by Cabinet Order, documents recording the details of the inventory or taxable goods prescribed in that paragraph; provided, however, that this does not apply where the business operator proves that it was unable to preserve them due to a disaster or other unavoidable circumstances.
Where an individual business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has succeeded through inheritance to the business of a decedent (limited to a business operator exempted from the obligation to pay consumption tax under the main clause of that paragraph), or where a corporation (excluding a corporation exempted from the obligation to pay consumption tax under the main clause of that paragraph) has succeeded through a merger to the business of a merged corporation (limited to a corporation exempted from the obligation to pay consumption tax under the main clause of that paragraph) or through a company split to the business of a splitting corporation (limited to a corporation exempted from the obligation to pay consumption tax under the main clause of that paragraph), and has taken over inventory relating to taxable purchases acquired in Japan by that decedent, merged corporation, or splitting corporation during the period in which it was exempted from the obligation to pay consumption tax, or taxable goods taken out of a bonded area during that period that fall under inventory, the amount of consumption tax relating to the inventory relating to those taxable purchases or those taxable goods is deemed to be the amount of tax on taxable purchases, etc. that forms the basis for calculating the consumption tax on purchases for the taxable period that includes the day of that inheritance, merger, or company split of the individual business operator or corporation that took them over.
The provisions of paragraph (2) apply mutatis mutandis to an individual business operator or corporation to which the provisions of the preceding paragraph apply.
第二項の規定は、前項の規定の適用を受ける個人事業者又は法人について準用する。
Article 36, paragraph (5)
Where a business operator has become exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1), and holds, on the day preceding the first day of the taxable period in which it became subject to the application of that paragraph, inventory relating to taxable purchases acquired in Japan during the taxable period that includes that preceding day, or taxable goods taken out of a bonded area in that taxable period that fall under inventory, the amount of consumption tax relating to the inventory relating to those taxable purchases or those taxable goods is not to be included, for the purpose of applying the provisions of Article 30, paragraph (1) (including the provisions of paragraph (2) of that Article, where those provisions apply), in the amount of tax on taxable purchases, etc. that forms the basis for calculating the consumption tax on purchases for that taxable period.
Special Provisions on Deduction of Consumption Tax on Purchases for Small and Medium-Sized Business Operators(中小事業者の仕入れに係る消費税額の控除の特例)
Article 37, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1), and a foreign business operator that does not have, on the first day of the taxable period, a permanent establishment prescribed in Article 2, paragraph (1), item (viii)-4 (Definitions) of the Income Tax Act or Article 2, item (xii)-19 (Definitions) of the Corporation Tax Act) files with the district director having jurisdiction over its place for tax payment a written notification stating that it will be subject to the application of this paragraph for a taxable period in which the taxable sales in the base period (meaning the taxable sales in the base period prescribed in Article 9, paragraph (1); the same applies hereinafter in this paragraph and in paragraph (1) of the following Article) are 50 million yen or less (excluding the taxable period specified by Cabinet Order of a split-off parent corporation or split-off subsidiary corporation prescribed in Article 12, paragraph (1) relating to a corporate split, etc. prescribed in that paragraph (hereinafter in this paragraph and paragraph (1) of the following Article referred to as a "taxable period connected with a split, etc.")), then for the taxable periods (excluding taxable periods in which the taxable sales in the base period exceed 50 million yen and taxable periods connected with a split, etc.) on or after the taxable period following the taxable period that includes the day on which that written notification was filed (or, where the taxable period that includes the day on which that written notification was filed is the taxable period that includes the day on which the business was commenced or any other taxable period specified by Cabinet Order, that taxable period), the total amount of tax on taxable purchases, etc. that may be deducted from the consumption tax on the tax base amount under the provisions of Articles 30 through the preceding Article is, notwithstanding those provisions, the total of the following amounts. In this case, that total of the amounts is deemed to be the consumption tax on purchases for that taxable period.
the amount equivalent to 60 percent of the remainder after deducting, from the consumption tax on the total of the amounts of the tax base for taxable transfers, etc. of assets of the business operator for that taxable period (excluding those for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1), or any other Act or treaty), the total amount of consumption tax relating to the amount of the refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) in that taxable period (or, for a business operator conducting a business specified by Cabinet Order, such as wholesale, the amount calculated by multiplying that remainder by the rate specified by Cabinet Order for each type of business, as provided by Cabinet Order, having regard to the proportion that the amount of tax on taxable purchases, etc. ordinarily accounts for in the amount of consumption tax on taxable transfers, etc. of assets in that business);
the remainder after deducting, from the consumption tax on the total of the amounts of the tax base for specified taxable purchases of the business operator for that taxable period, the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for specified taxable purchases prescribed in Article 38-2, paragraph (1) was received in that taxable period.
Where, under item (ii) of the preceding paragraph, there is an amount that cannot be fully deducted after deducting, from the consumption tax on the total of the amounts of the tax base for specified taxable purchases for that taxable period, the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for specified taxable purchases prescribed in Article 38-2, paragraph (1) was received in that taxable period, and there is an amount that still cannot be fully deducted after deducting the amount that cannot be fully deducted from the amount set forth in item (i) of the preceding paragraph (hereinafter in this paragraph referred to as the "undeducted amount"), that undeducted amount is deemed to be consumption tax on a taxable transfer, etc. of assets and is added to the amount of consumption tax on the tax base amount for that taxable period.
A business operator that intends to be subject to the application of paragraph (1) may not file the written notification under that paragraph, in a case listed in any of the following items, during the period specified in that item; provided, however, that this does not apply where the business operator files the written notification in order to be subject to the application of that paragraph from the taxable period that includes the day on which it commenced business or any other taxable period specified by Cabinet Order.
where the business operator is a person to whom Article 9, paragraph (7) applies: the period from the first day of the taxable period that includes the day of the purchase, etc. of an adjustment-target fixed asset prescribed in that paragraph to the day preceding the first day of the taxable period that includes the day on which three years have elapsed from that first day;
where the business operator is a newly established corporation prescribed in Article 12-2, paragraph (2) or a specified newly founded corporation prescribed in Article 12-3, paragraph (3), and falls under the case prescribed in Article 12-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 12-3, paragraph (3); the same applies hereinafter in this item): the period from the first day of the taxable period that includes the day of the purchase, etc. of an adjustment-target fixed asset prescribed in Article 12-2, paragraph (2) to the day preceding the first day of the taxable period that includes the day on which three years have elapsed from that first day;
where the business operator falls under the case prescribed in Article 12-4, paragraph (1) (excluding the case where it falls under the cases listed in the preceding two items): the period from the first day of the taxable period that includes the day of the purchase, etc. of a high-value specified asset prescribed in that paragraph relating to the high-value specified asset (meaning a high-value specified asset prescribed in that paragraph; the same applies in this item and the following item) to the day preceding the first day of the taxable period that includes the day on which three years have elapsed from that first day (or, where the high-value specified asset is a self-constructed high-value specified asset prescribed in that paragraph, from the first day of the taxable period that includes the day on which the construction, etc. (meaning the construction, etc. prescribed in that paragraph; the same applies in the following item) of the self-constructed high-value specified asset was completed);
where the business operator falls under the case prescribed in Article 12-4, paragraph (2) (excluding the case where it falls under the cases listed in the preceding three items): the period from the first day of the taxable period in which Article 36, paragraph (1) or (3) was applied to inventory or taxable goods that are high-value specified assets, or to an adjustment-target self-constructed high-value asset prescribed in Article 12-4, paragraph (2), to the day preceding the first day of the taxable period that includes the day on which three years have elapsed from that first day (or, where the construction, etc. of the adjustment-target self-constructed high-value asset had not been completed by the day preceding the adjustment application date (meaning the day on which it came to fall under the case prescribed in those provisions), from the first day of the taxable period that includes the day on which that construction, etc. was completed);
where the business operator falls under the case prescribed in Article 12-4, paragraph (3) (excluding the case where it falls under the cases listed in the preceding items): the period from the first day of the taxable period falling under the case prescribed in that paragraph to the day preceding the first day of the taxable period that includes the day on which three years have elapsed from that first day.
Where a business operator prescribed in the items of the preceding paragraph has come to fall under a case listed in those items, and has filed the written notification under paragraph (1) with the district director having jurisdiction over its place for tax payment during the period from the first day of the taxable period that includes the day of the purchase, etc. of an adjustment-target fixed asset prescribed in item (i) or (ii) of the preceding paragraph, the day of the purchase, etc. of a high-value specified asset prescribed in item (iii) of that paragraph, or the adjustment application date prescribed in item (iv) of that paragraph, or from the first day of the taxable period that falls under the case prescribed in item (v) of that paragraph, to the day on which it came to fall under the case listed in the items of that paragraph, the filing of that written notification is deemed not to have been made for the purpose of applying the provisions of paragraph (1).
A business operator that has filed the written notification under the provisions of paragraph (1) must, when it intends to cease to be subject to the application of that paragraph or when it has discontinued its business, file a written notification to that effect with the district director having jurisdiction over its place for tax payment.
In the case referred to in the preceding paragraph, a business operator that has filed the written notification under the provisions of paragraph (1) may not, except where it has discontinued its business, file a written notification to the effect that it intends to cease to be subject to the application of that paragraph, except on or after the first day of the taxable period that includes the day on which two years have elapsed from the first day of the following taxable period prescribed in that paragraph.
When a written notification under the provisions of paragraph (5) has been filed, the notification under the provisions of paragraph (1) ceases to be effective on and after the day following the last day of the taxable period that includes the day on which that filing was made.
Special provisions on the application of paragraph (1) or the preceding paragraph in the case where, owing to unavoidable circumstances, the written notification under the provisions of paragraph (1) or (5) could not be filed by the day preceding the first day of the taxable period for which the business operator intends to become subject to, or to cease to be subject to, the application of paragraph (1) are specified by Cabinet Order.
Special Provisions on Notification of the Special Provisions on Deduction of Consumption Tax on Purchases for Small and Medium-Sized Business Operators in the Event of a Disaster, etc.(災害等があつた場合の中小事業者の仕入れに係る消費税額の控除の特例の届出に関する特例)
Article 37-2, paragraph (1)
Where a business operator that has suffered damage due to the occurrence of a disaster or other unavoidable cause (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) and a business operator subject to the application of paragraph (1) of the preceding Article) has, by reason of that damage, come to need to be subject to the application of paragraph (1) of that Article for the taxable period that includes the day on which the disaster or other unavoidable cause occurred (excluding a taxable period in which the taxable sales in the base period exceed 50 million yen and a taxable period connected with a split, etc.; hereinafter in this paragraph, the following paragraph, and paragraph (5) referred to as the "elected disaster-affected taxable period"), and has obtained the approval of the district director having jurisdiction over its place for tax payment for being subject to the application of that paragraph for that elected disaster-affected taxable period, the business operator is deemed to have filed the written notification under that paragraph with that district director on the day preceding the first day of the elected disaster-affected taxable period for which it obtained that approval. In this case, paragraph (3) of that Article does not apply.
A business operator that intends to obtain the approval under the preceding paragraph must file with the district director having jurisdiction over its place for tax payment, within two months from the day on which the disaster or other unavoidable cause prescribed in that paragraph ceased (or, where the day on which the disaster or other unavoidable cause ceased falls on or after the day following the last day of the elected disaster-affected taxable period relating to the application, by the deadline for filing the return under Article 45, paragraph (1) for that elected disaster-affected taxable period), a written application stating the circumstances in which it has become necessary to be subject to the application of paragraph (1) of the preceding Article and other matters specified by Ministry of Finance Order.
Where a written application under the preceding paragraph is filed and the district director finds that the circumstances prescribed in that paragraph relating to the application are not appropriate, the district director rejects the application.
Where a written application under paragraph (2) is filed and the district director makes a disposition of approval or rejection of the application, the district director notifies the business operator that filed the application to that effect in writing.
Where a written application under paragraph (2) is filed and no disposition of approval or rejection has been made by the day on which two months have elapsed from the day following the last day of the elected disaster-affected taxable period relating to the application, the approval is deemed to have been given on that day; provided, however, that this does not apply where the day on which the disaster or other unavoidable cause prescribed in that paragraph ceased falls on or after the day following the last day of the elected disaster-affected taxable period relating to the application.
Where a business operator that has suffered damage due to the occurrence of a disaster or other unavoidable cause (limited to a business operator subject to the application of paragraph (1) of the preceding Article) has, by reason of that damage, ceased to need to be subject to the application of paragraph (1) of that Article for the taxable period that includes the day on which the disaster or other unavoidable cause occurred (including, among the taxable periods on or after the taxable period following that taxable period, those specified by Cabinet Order; hereinafter in this paragraph referred to as the "disaster-affected taxable period of discontinuance"), and has obtained the approval of the district director having jurisdiction over its place for tax payment for ceasing to be subject to the application of that paragraph for that disaster-affected taxable period of discontinuance, the business operator is deemed to have filed the written notification under paragraph (5) of that Article with that district director on the day preceding the first day of the disaster-affected taxable period of discontinuance for which it obtained that approval. In this case, paragraph (6) of that Article does not apply.
The provisions of paragraphs (2) through (5) apply mutatis mutandis to the case where the provisions of the preceding paragraph apply. In this case, the phrase "the preceding paragraph" in paragraph (2) is deemed to be replaced with "paragraph (6)", the phrase "it has become necessary to be subject to" with "it is no longer necessary to be subject to", and the phrase "elected disaster-affected taxable period" with "disaster-affected taxable period of discontinuance", and the phrase "elected disaster-affected taxable period" in paragraph (5) is deemed to be replaced with "disaster-affected taxable period of discontinuance".
Matters necessary for the application of the provisions of paragraph (1) or (6) in cases such as where a business operator that has obtained the approval under paragraph (1) or (6) has, before that approval, filed a return stating the matters listed in the items of Article 43, paragraph (1), are specified by Cabinet Order.
Deduction of Consumption Tax in the Case of a Refund, etc. of Consideration for Sales(売上げに係る対価の返還等をした場合の消費税額の控除)
Article 38, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has, by reason of having accepted a returned item or granted a price reduction or rebate with respect to a taxable transfer, etc. of assets conducted in Japan (excluding one for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1), or any other Act or treaty), refunded all or part of the total of the amount of consideration for the taxable transfer, etc. of assets (meaning the amount of consideration prescribed in Article 28, paragraph (1)) and the amount calculated by multiplying that amount of consideration by 10 percent (or, where the taxable transfer, etc. of assets is a taxable transfer, etc. of assets subject to the reduced rate, 8 percent) (hereinafter in this paragraph and Article 39 referred to as the "tax-inclusive price"), or has reduced all or part of the amount of accounts receivable or other claims relating to the tax-inclusive price of the taxable transfer, etc. of assets (hereinafter in this paragraph through paragraph (4) referred to as a "refund, etc. of consideration for sales"), the total amount of consumption tax relating to the amount of the refund, etc. of consideration for sales made in the taxable period (meaning the amount calculated by multiplying the tax-inclusive price refunded or the amount of the claim reduced by 7.8/110 (or, where the refund, etc. of consideration for sales relates to a taxable transfer, etc. of assets subject to the reduced rate, 6.24/108); the same applies in the following paragraph) is deducted from the consumption tax on the tax base amount for the taxable period that includes the day on which the refund, etc. of consideration for sales was made.
The provisions of the preceding paragraph do not apply to the amount of consumption tax relating to a refund, etc. of consideration for sales for which a business operator does not preserve books recording the details of the amount of that refund, etc. of consideration for sales; provided, however, that this does not apply where the business operator proves that it was unable to preserve them due to a disaster or other unavoidable circumstances.
Where an heir who has succeeded to the business of a decedent through inheritance makes a refund, etc. of consideration for sales with respect to a taxable transfer, etc. of assets conducted by the decedent, the provisions of the preceding two paragraphs apply as if the heir had made a refund, etc. of consideration for sales with respect to a taxable transfer, etc. of assets conducted by the heir.
The provisions of the preceding paragraph apply mutatis mutandis to the case where a merging corporation that has succeeded to a business through a merger makes a refund, etc. of consideration for sales with respect to a taxable transfer, etc. of assets conducted by the merged corporation, or the case where a successor corporation in a company split that has succeeded to a business through a company split makes a refund, etc. of consideration for sales with respect to a taxable transfer, etc. of assets conducted by the splitting corporation.
In addition to what is provided for in the preceding two paragraphs, matters concerning the recording and preservation of the books prescribed in paragraph (2) and other matters necessary for the application of the provisions of paragraph (1) are specified by Cabinet Order.
Deduction of Consumption Tax in the Case of Receipt of a Refund, etc. of Consideration for Specified Taxable Purchases(特定課税仕入れに係る対価の返還等を受けた場合の消費税額の控除)
Article 38-2, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has, by reason of having received a price reduction or rebate with respect to a specified taxable purchase made in Japan, received a refund of all or part of the amount of consideration paid for the specified taxable purchase (meaning the amount of consideration paid prescribed in Article 28, paragraph (2)), or a reduction of all or part of the amount of accounts payable or other debts relating to the amount of consideration paid for the specified taxable purchase (hereinafter in this paragraph through paragraph (4) referred to as a "refund, etc. of consideration for specified taxable purchases"), the total amount of consumption tax relating to the amount for which a refund, etc. of consideration for specified taxable purchases was received in the taxable period (meaning the amount calculated by multiplying the amount refunded or the amount of the debt reduced by 7.8 percent; the same applies in the following paragraph) is deducted from the consumption tax on the tax base amount for the taxable period that includes the day on which the refund, etc. of consideration for specified taxable purchases was received.
The provisions of the preceding paragraph do not apply to the amount of consumption tax relating to the amount for which a refund, etc. of consideration for specified taxable purchases was received, where a business operator does not preserve books recording the details of the amount for which that refund, etc. of consideration for specified taxable purchases was received; provided, however, that this does not apply where the business operator proves that it was unable to preserve them due to a disaster or other unavoidable circumstances.
Where an heir who has succeeded to the business of a decedent through inheritance receives a refund, etc. of consideration for specified taxable purchases with respect to a specified taxable purchase made by the decedent, the provisions of the preceding two paragraphs apply as if the heir had received a refund, etc. of consideration for specified taxable purchases with respect to a specified taxable purchase made by the heir.
The provisions of the preceding paragraph apply mutatis mutandis to the case where a merging corporation that has succeeded to a business through a merger receives a refund, etc. of consideration for specified taxable purchases with respect to a specified taxable purchase made by the merged corporation, or the case where a successor corporation in a company split that has succeeded to a business through a company split receives a refund, etc. of consideration for specified taxable purchases with respect to a specified taxable purchase made by the splitting corporation.
In addition to what is provided for in the preceding two paragraphs, matters concerning the recording and preservation of the books prescribed in paragraph (2) and other matters necessary for the application of the provisions of paragraph (1) are specified by Cabinet Order.
Deduction of Consumption Tax Relating to Bad Debts, etc.(貸倒れに係る消費税額の控除等)
Article 39, paragraph (1)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has conducted a taxable transfer, etc. of assets in Japan (excluding one for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1), or any other Act or treaty), and, because a fact specified by Cabinet Order, such as the write-off of claims by a decision approving a reorganization plan or a fact equivalent thereto, has occurred with respect to accounts receivable or other claims against the counterparty to the taxable transfer, etc. of assets, it has become unable to collect all or part of the tax-inclusive price of the taxable transfer, etc. of assets, the total amount of consumption tax relating to the tax-inclusive price of the taxable transfer, etc. of assets that has become uncollectible (meaning the amount calculated by multiplying that tax-inclusive price by 7.8/110 (or, where that tax-inclusive price relates to a taxable transfer, etc. of assets subject to the reduced rate, 6.24/108); the same applies in paragraph (3)) is deducted from the consumption tax on the tax base amount for the taxable period that includes the day on which it became unable to collect it.
The provisions of the preceding paragraph do not apply where a business operator does not preserve, as provided by Ministry of Finance Order, documents certifying that the fact prescribed in that paragraph has occurred with respect to the claims prescribed in that paragraph; provided, however, that this does not apply where the business operator proves that it was unable to preserve them due to a disaster or other unavoidable circumstances.
Where a business operator prescribed in paragraph (1) to which the provisions of that paragraph have been applied has collected all or part of the tax-inclusive price of a taxable transfer, etc. of assets to which the provisions of that paragraph were applied, the amount of consumption tax relating to the tax-inclusive price so collected is deemed to be consumption tax on a taxable transfer, etc. of assets and is added to the consumption tax on the tax base amount for the taxable period of that business operator that includes the day on which it was collected.
Where there is an heir who has succeeded through inheritance to the business of the decedent relating to that inheritance, and, with respect to accounts receivable or other claims against the counterparty to a taxable transfer, etc. of assets conducted by that decedent, a fact to which the provisions of paragraph (1) apply has occurred on or after the day of that inheritance, the provisions of that paragraph and paragraph (2) apply as if the heir had conducted that taxable transfer, etc. of assets.
Where an heir who has succeeded through inheritance to the business of the decedent relating to that inheritance has collected all or part of the tax-inclusive price of a taxable transfer, etc. of assets to which the provisions of paragraph (1) were applied with respect to that decedent, the provisions of paragraph (3) apply as if the heir had been subject to the application of the provisions of paragraph (1).
The provisions of the preceding two paragraphs apply mutatis mutandis to a merging corporation that has succeeded through a merger to the business of the merged corporation relating to that merger, or a successor corporation in a company split that has succeeded through a company split to the business of the splitting corporation relating to that company split.
Matters necessary for the details of the calculation of the amount of consumption tax relating to the tax-inclusive price prescribed in paragraph (1) are specified by Cabinet Order.
第一項に規定する税込価額に係る消費税額の計算の細目に関し必要な事項は、政令で定める。
Article 40第四十条
Article 40, paragraph (1)
No English for this provision yet.
削除
Article 41第四十一条
Details of the Calculation of Tax Deductions(税額控除の計算の細目)
Article 41, paragraph (1)
In addition to what is provided for in this Chapter, matters necessary for the details of the calculation of tax deductions are specified by Cabinet Order.
この章に定めるもののほか、税額控除の計算の細目に関し必要な事項は、政令で定める。
Chapter IV Returns, Payment, Refunds, etc.第四章 申告、納付、還付等
Article 42第四十二条
Interim Returns on Taxable Transfers, etc. of Assets and Specified Taxable Purchases(課税資産の譲渡等及び特定課税仕入れについての中間申告)
Article 42, paragraph (1)
A business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) and a business operator that has filed a written notification under the provisions of Article 19, paragraph (1), items (iii) through (iv)-2; the same applies in paragraphs (4), (6), and (8)) must, for each of the periods obtained by dividing its taxable period (excluding, for an individual business operator, the taxable period that includes the day on which it commenced business and, for a corporation, a taxable period not exceeding three months and the taxable period that includes the day of establishment of a newly established corporation other than one established through a merger; the same applies in paragraph (4)) into periods of one month each from the day on which that taxable period begins (where a period of less than one month arises at the end, that period of less than one month; excluding the last of the periods so divided into periods of one month each; hereinafter in this paragraph and the following paragraph referred to as a "one-month interim filing period"), file with the district director, within two months from the day following the last day of that one-month interim filing period (or, where that one-month interim filing period is the one-month period beginning on the first day of the taxable period, from the day on which two months have elapsed from the first day of the taxable period), a return stating each of the following matters; provided, however, that this does not apply to a one-month interim filing period for which the amount set forth in item (i) is 4 million yen or less.
the amount calculated by dividing, by the number of months in the immediately preceding taxable period, the amount of consumption tax set forth in Article 45, paragraph (1), item (iv) that is to be stated in the final return for the immediately preceding taxable period (meaning the return under the provisions of Article 45, paragraph (1); the same applies hereinafter in this Article), limited to that finalized by the day specified in each of the following in accordance with the category of one-month interim filing period listed there (referred to as the "finalization date" in item (i) of the following paragraph);
a one-month interim filing period that ended during the period from the first day of that taxable period to the day before the day on which two months have elapsed from that day: the day before the day on which two months elapse from the first day of that taxable period (where the provisions of Article 10, paragraph (2) (Computation of Periods and Special Provisions on Time Limits) of the Act on General Rules for National Taxes apply to the deadline for filing the final return for the immediately preceding taxable period, the day deemed under the provisions of that paragraph to be the deadline for filing that final return);
a one-month interim filing period other than that referred to in (a): the last day of that one-month interim filing period;
イ以外の一月中間申告対象期間 当該一月中間申告対象期間の末日
Article 42, paragraph (1), item (ii)
the basis of the calculation of the amount listed in the preceding item and other matters as specified by Ministry of Finance Order.
前号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 42, paragraph (2)
In the case referred to in the preceding paragraph, where the business operator referred to in that paragraph is a merging corporation relating to a merger (excluding the case where a corporation is established by the merger; the same applies hereinafter in this paragraph) that carried out the merger within a period set forth in the following items, the amount set forth in item (i) of that paragraph, with respect to the return under the provisions of the preceding paragraph for that taxable period to be submitted by that corporation, is, notwithstanding the provisions of that item, the amount obtained by adding the amount specified in the relevant one of the following items to the amount equivalent to the amount calculated under the provisions of that item.
the taxable period immediately preceding that taxable period: the amount calculated by dividing the amount set forth in Article 45, paragraph (1), item (iv) to be stated in the final return for the taxable period of the merged corporation that includes the day before the date of the merger (hereinafter in this item referred to as the "specified taxable period of the merged corporation"), which was finalized by the finalization date relating to that one-month interim filing period of the merging corporation (where the number of months of the specified taxable period of the merged corporation is less than three months or there is no such finalized amount, the amount set forth in that item to be stated in the final return for the taxable period immediately preceding the specified taxable period of the merged corporation (excluding one whose number of months is less than three months), which was finalized by the finalization date relating to that one-month interim filing period of the merging corporation; hereinafter in this paragraph and the following paragraph referred to as the "finalized consumption tax amount of the merged corporation") by the number of months in the taxable period of that merged corporation that formed the basis of its calculation, and multiplying the result by the ratio of the number of months in the period from the first day of the immediately preceding taxable period of the merging corporation to the day before the date of the merger to the number of months of that immediately preceding taxable period;
the period from the first day of that taxable period to the last day of that one-month interim filing period: the amount calculated by dividing the finalized consumption tax amount of the merged corporation by the number of months in the taxable period of that merged corporation that formed the basis of its calculation.
In the case referred to in paragraph (1), where the business operator referred to in that paragraph is a merging corporation relating to a merger (limited to the case where a corporation is established by the merger), the amount set forth in item (i) of that paragraph, with respect to the return under the provisions of that paragraph for the first taxable period after its establishment to be submitted by that corporation, is, notwithstanding the provisions of that item, the total of the amounts calculated by dividing, for each merged corporation, the finalized consumption tax amount of the merged corporation by the number of months in the taxable period of that merged corporation that formed the basis of its calculation.
A business operator must, for each period divided into three-month periods on or after the first day of its taxable period (where a period of less than three months arises at the end, that period of less than three months, and excluding the last of the periods so divided into three-month periods; hereinafter in this paragraph referred to as a "three-month interim filing period"), submit to the district director, within two months from the day following the last day of that three-month interim filing period, a return stating the following matters; provided, however, that this does not apply to a three-month interim filing period where the amount set forth in item (i) is 1 million yen or less or where that three-month interim filing period is a period that includes a one-month interim filing period prescribed in paragraph (1) for which a return under the provisions of that paragraph is to be submitted.
the amount calculated by dividing the amount of consumption tax set forth in Article 45, paragraph (1), item (iv) to be stated in the final return for the immediately preceding taxable period, which was finalized by the last day of that three-month interim filing period, by the number of months in that immediately preceding taxable period, and multiplying the result by three;
the basis of the calculation of the amount listed in the preceding item and other matters as specified by Ministry of Finance Order.
前号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 42, paragraph (5)
The provisions of paragraphs (2) and (3) apply mutatis mutandis to the case where the provisions of the preceding paragraph apply. In this case, the phrase "the business operator referred to in that paragraph" in paragraph (2) is deemed to be replaced with "the business operator referred to in paragraph (4)", the phrase "the provisions of the preceding paragraph" with "the provisions of paragraph (4)"; in item (i) of paragraph (2), the phrase "the finalization date relating to that one-month interim filing period" is deemed to be replaced with "the last day of that three-month interim filing period", and the phrase "the ratio" with "three times the ratio"; in item (ii) of paragraph (2), the phrase "one-month interim filing period" is deemed to be replaced with "three-month interim filing period", and the phrase "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation" with "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation, and multiplying the result by the number of months in the period from the date of the merger to the last day of that three-month interim filing period (three, where that number of months exceeds three)"; and in paragraph (3), the phrase "the business operator referred to in that paragraph" is deemed to be replaced with "the business operator referred to in paragraph (4)", and the phrase "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation" with "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation, and multiplying the result by three".
A business operator must, for the six-month period on or after the first day of its taxable period (excluding, in the case of an individual business operator, the taxable period that includes the day on which the business was commenced and, in the case of a corporation, a taxable period not exceeding six months and the taxable period that includes the day of establishment of a corporation that has been newly established other than one established by a merger; hereinafter in this paragraph and paragraphs (8), (10) and (11) referred to as a "six-month interim filing period"), submit to the district director, within two months from the day following the last day of that six-month interim filing period, a return stating the following matters; provided, however, that this does not apply to a six-month interim filing period where the amount set forth in item (i) is 240,000 yen or less or where that six-month interim filing period is a period that includes a one-month interim filing period or three-month interim filing period prescribed in paragraph (1) or (4) for which a return under the provisions of those paragraphs is to be submitted.
the amount calculated by dividing the amount of consumption tax set forth in Article 45, paragraph (1), item (iv) to be stated in the final return for the immediately preceding taxable period, which was finalized by the last day of that six-month interim filing period, by the number of months in that immediately preceding taxable period, and multiplying the result by six;
the basis of the calculation of the amount listed in the preceding item and other matters as specified by Ministry of Finance Order.
前号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 42, paragraph (7)
The provisions of paragraphs (2) and (3) apply mutatis mutandis to the case where the provisions of the preceding paragraph apply. In this case, the phrase "the business operator referred to in that paragraph" in paragraph (2) is deemed to be replaced with "the business operator referred to in paragraph (6)", the phrase "the provisions of the preceding paragraph" with "the provisions of paragraph (6)"; in item (i) of paragraph (2), the phrase "the finalization date relating to that one-month interim filing period" is deemed to be replaced with "the last day of that six-month interim filing period", the phrase "less than three months" with "less than six months", and the phrase "the ratio" with "six times the ratio"; in item (ii) of paragraph (2), the phrase "one-month interim filing period" is deemed to be replaced with "six-month interim filing period", and the phrase "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation" with "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation, and multiplying the result by the number of months in the period from the date of the merger to the last day of that six-month interim filing period"; and in paragraph (3), the phrase "the business operator referred to in that paragraph" is deemed to be replaced with "the business operator referred to in paragraph (6)", and the phrase "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation" with "by the number of months in the taxable period of that merged corporation that formed the basis of its calculation, and multiplying the result by six".
Where a business operator that is not required to submit, for a six-month interim filing period, the return under the provisions of paragraph (6) (hereinafter in this paragraph and paragraph (11) referred to as a "six-month interim return") because the amount set forth in paragraph (6), item (i) is 240,000 yen or less submits to the district director having jurisdiction over its place for tax payment a written notification stating that it will submit that six-month interim return, the provisions of the proviso to paragraph (6) do not apply to the six-month interim filing periods on or after the six-month interim filing period whose last day first arrives on or after the day of that submission by the business operator that submitted that written notification (limited to those for which the amount set forth in that item is 240,000 yen or less; the same applies in paragraph (11)).
A business operator that has submitted the written notification under the provisions of the preceding paragraph must, when it intends to cease to be subject to the application of the provisions of that paragraph or when it has discontinued its business, submit a written notification to that effect to the district director having jurisdiction over its place for tax payment.
When a written notification under the provisions of the preceding paragraph has been submitted, the notification under the provisions of paragraph (8) ceases to be effective with respect to the six-month interim filing periods on or after the six-month interim filing period whose last day first arrives on or after the day of that submission.
Where a business operator that has submitted the written notification under the provisions of paragraph (8) fails to submit a six-month interim return for a six-month interim filing period on or after the six-month interim filing period whose last day first arrives on or after the day of that submission by its deadline for filing, that business operator is deemed to have submitted the written notification under the provisions of paragraph (9) to the district director having jurisdiction over its place for tax payment on the last day of that six-month interim filing period.
The number of months in paragraphs (1) through (7) is calculated according to the calendar, and where a fraction of less than one month arises, it is counted as one month.
Cases Where Submission of an Interim Return Is Not Required Due to Extension of Time Limits Owing to Disasters, etc.(災害等による期限の延長により中間申告書の提出を要しない場合)
Article 42-2, paragraph (1)
Where, owing to an extension of the time limit relating to filing under the provisions of Article 11 (Extension of Time Limits due to Disasters and Similar Causes) of the Act on General Rules for National Taxes, the deadline for filing an interim return (meaning a return under the provisions of paragraph (1), (4) or (6) of the preceding Article; the same applies hereinafter in this Chapter) and the deadline for filing the return under the provisions of Article 45, paragraph (1) for the taxable period relating to that interim return fall on the same day, it is not required to submit that interim return, notwithstanding the main clause of paragraph (1), the main clause of paragraph (4) or the main clause of paragraph (6) of the preceding Article.
Matters to be Entered in Interim Return in the Case of Provisional Settlement of Accounts(仮決算をした場合の中間申告書の記載事項等)
Article 43, paragraph (1)
Where a business operator that is to submit an interim return calculates, by treating a one-month interim filing period prescribed in Article 42, paragraph (1), a three-month interim filing period prescribed in paragraph (4) of that Article, or a six-month interim filing period prescribed in paragraph (6) of that Article (hereinafter in this paragraph referred to as an "interim filing period") as one taxable period, the total of the amounts of the tax base for taxable transfers, etc. of assets in that interim filing period (meaning the amount of the tax base for taxable transfers, etc. of assets made in Japan during that interim filing period (excluding those exempted from consumption tax under Article 7, paragraph (1), Article 8, paragraph (1) or any other provisions of laws or treaties); the same applies hereinafter in this paragraph), the total of the amounts of the tax base for specified taxable purchases (meaning the amount of the tax base for specified taxable purchases made in Japan during that interim filing period; the same applies hereinafter in this paragraph), and the amounts set forth in Article 45, paragraph (1), items (ii) through (iv), that business operator may state the following matters in the interim return that it submits, in place of the matters set forth in the items of Article 42, paragraph (1), the items of paragraph (4) of that Article, or the items of paragraph (6) of that Article.
the total of the amounts of the tax base classified by each different tax rate for those taxable transfers, etc. of assets, the total of the amount of the tax base for specified taxable purchases, and the total of those totals (referred to in the following item as the "tax base amount");
the consumption tax on the tax base amount, classified by each different tax rate;
税率の異なるごとに区分した課税標準額に対する消費税額
Article 43, paragraph (1), item (iii)
the total of the amounts of consumption tax set forth in Article 45, paragraph (1), item (iii), (a) through (d) that should be deducted from the amount of consumption tax set forth in the preceding item under the provisions of the preceding Chapter if that interim filing period were treated as one taxable period;
the amount of consumption tax equivalent to the remainder after deducting the total of the amounts of consumption tax set forth in the preceding item from the amount of consumption tax set forth in item (ii);
第二号に掲げる消費税額から前号に掲げる消費税額の合計額を控除した残額に相当する消費税額
Article 43, paragraph (1), item (v)
the basis of the calculation of the amount listed in the preceding items and other matters as specified by Ministry of Finance Order.
前各号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 43, paragraph (2)
With respect to the calculation of the total of the amounts of the tax base for taxable transfers, etc. of assets and the total of the amounts of the tax base for specified taxable purchases in the interim filing period prescribed in the preceding paragraph, and the amount of consumption tax set forth in item (ii) of that paragraph and the total of the amounts of consumption tax set forth in item (iii) of that paragraph, the phrase "return under the provisions of Article 45, paragraph (1) (including a return filed after the due date prescribed in Article 18, paragraph (2) (Filing of a Return after the Due Date) of the Act on General Rules for National Taxes relating to that return" in Article 16, paragraph (3) is deemed to be replaced with "interim return (meaning a return under the provisions of Article 42, paragraph (1), (4) or (6) in which the matters set forth in the items of Article 43, paragraph (1) are stated", and the phrase "return under the provisions of Article 45, paragraph (1)" in Article 17, paragraph (4) and Article 18, paragraph (2) is deemed to be replaced with "interim return".
Where a business operator that submits an interim return stating the matters set forth in the items of paragraph (1) retains, pursuant to Article 57-4, paragraph (6), copies of qualified invoices (meaning the qualified invoices prescribed in Article 57-4, paragraph (1); the same applies in Article 45, paragraph (5)) or qualified simplified invoices (meaning the qualified simplified invoices prescribed in Article 57-4, paragraph (2); the same applies in Article 45, paragraph (5)) issued in connection with taxable transfers, etc. of assets made in Japan during the interim filing period prescribed in paragraph (1) (including the case where it retains the electronic or magnetic records referred to in that paragraph pursuant to the provisions of that paragraph), the amount of consumption tax on the tax base amount classified by each different tax rate as set forth in paragraph (1), item (ii) relating to those taxable transfers, etc. of assets may, notwithstanding the provisions of that item, be the amount calculated in accordance with the provisions of Article 45, paragraph (5).
An interim return stating the matters set forth in the items of paragraph (1) must be accompanied by a document stating, as provided by Ministry of Finance Order, the details of the amount of consideration for transfers, etc. of assets and the amount of tax on taxable purchases, etc. (meaning the amount of tax on taxable purchases, etc. prescribed in Article 30, paragraph (2); the same applies hereinafter in this Chapter) during the interim filing period prescribed in that paragraph, and other matters.
Special Provisions on Cases Where an Interim Return Is Not Submitted(中間申告書の提出がない場合の特例)
Article 44, paragraph (1)
Where a business operator that is to submit an interim return fails to submit the interim return by its deadline for filing (excluding a case to which Article 42, paragraph (11) applies), that business operator is deemed to have submitted to the district director, on that deadline for filing, an interim return stating the matters set forth in the items of paragraph (1), the items of paragraph (4) or the items of paragraph (6) of that Article.
Final Returns Concerning Taxable Transfers, etc. of Assets and Specified Taxable Purchases(課税資産の譲渡等及び特定課税仕入れについての確定申告)
Article 45, paragraph (1)
A business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) must, for each taxable period, submit to the district director, within two months from the day following the last day of that taxable period, a return stating the following matters; provided, however, that this does not apply to a taxable period in which there are no taxable transfers, etc. of assets in Japan (excluding those exempted from consumption tax under the provisions of Article 7, paragraph (1), Article 8, paragraph (1) or other Acts or treaties) and no specified taxable purchases, and in which there is no amount of consumption tax set forth in item (iv):
the total of the amounts of the tax base, classified by each different tax rate, relating to taxable transfers, etc. of assets made in Japan during that taxable period (excluding those exempted from consumption tax under the provisions of Article 7, paragraph (1), Article 8, paragraph (1) or other Acts or treaties), the total of the amounts of the tax base relating to specified taxable purchases made in Japan during that taxable period, and the sum of those totals (referred to in the following item as the "tax base amount");
the amount of consumption tax on the tax base amount, classified by each different tax rate;
税率の異なるごとに区分した課税標準額に対する消費税額
Article 45, paragraph (1), item (iii)
the total of the following amounts of consumption tax that are to be deducted, under the provisions of the preceding Chapter, from the amount of consumption tax set forth in the preceding item for that taxable period:
the consumption tax on purchases prescribed in Article 32, paragraph (1), item (i);
第三十二条第一項第一号に規定する仕入れに係る消費税額
Article 45, paragraph (1), item (iii), (b)
the amount of consumption tax on the amount of refund, etc. of consideration for sales prescribed in Article 38, paragraph (1);
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
Article 45, paragraph (1), item (iii), (c)
the amount of consumption tax on the amount received as refund, etc. of consideration for specified taxable purchases prescribed in Article 38-2, paragraph (1);
第三十八条の二第一項に規定する特定課税仕入れに係る対価の返還等を受けた金額に係る消費税額
Article 45, paragraph (1), item (iii), (d)
the amount of consumption tax on the tax-inclusive price of a taxable transfer, etc. of assets for which it has become impossible to receive payment, as prescribed in Article 39, paragraph (1);
第三十九条第一項に規定する領収をすることができなくなつた課税資産の譲渡等の税込価額に係る消費税額
Article 45, paragraph (1), item (iv)
the amount of consumption tax equivalent to the remainder after deducting the total of the amounts of consumption tax set forth in the preceding item from the amount of consumption tax set forth in item (ii);
第二号に掲げる消費税額から前号に掲げる消費税額の合計額を控除した残額に相当する消費税額
Article 45, paragraph (1), item (v)
where there is still a shortfall after deducting the total of the amounts of consumption tax set forth in item (iii) from the amount of consumption tax set forth in item (ii), the amount of that shortfall;
where the business operator is a business operator that has submitted an interim return for that taxable period, the amount of consumption tax equivalent to the remainder after deducting the interim payment relating to that return from the amount of consumption tax set forth in item (iv);
where there is still a shortfall after deducting the interim payment from the amount of consumption tax set forth in item (iv), the amount of that shortfall;
第四号に掲げる消費税額から中間納付額を控除してなお不足額があるときは、当該不足額
Article 45, paragraph (1), item (viii)
the basis of the calculation of the amount listed in the preceding items and other matters as specified by Ministry of Finance Order.
前各号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 45, paragraph (2)
Where an individual business operator that is to submit a return under the provisions of the preceding paragraph dies, during the period from the day following the last day of the taxable period until the deadline for filing that return, without having submitted that return, the heir must, as provided by Cabinet Order, submit that return to the district director by the day before the day on which four months have elapsed from the day following the day on which the heir learned that the inheritance had commenced.
Where an individual business operator dies in the middle of a taxable period and the case falls under one where a return under the provisions of paragraph (1) must be submitted for the consumption tax for that taxable period of that person, the heir must, as provided by Cabinet Order, submit that return for that consumption tax to the district director by the day before the day on which four months have elapsed from the day following the day on which the heir learned that the inheritance had commenced.
Where the residual assets of a corporation in liquidation have been determined, with respect to the application of paragraph (1) to the taxable period that includes the day on which the residual assets of that corporation are determined, the phrase "within two months" in that paragraph is deemed to be replaced with "within one month (or, where the final distribution or delivery of the residual assets is to take place within one month from that following day, by the day before the day on which it is to take place)".
Where a business operator that submits a return under the provisions of paragraph (1) retains, pursuant to Article 57-4, paragraph (6), copies of qualified invoices or qualified simplified invoices issued in connection with taxable transfers, etc. of assets made in Japan during the taxable period relating to that return (including the case where it retains the electronic or magnetic records referred to in that paragraph pursuant to the provisions of that paragraph), the amount of consumption tax on the tax base amount classified by each different tax rate as set forth in paragraph (1), item (ii) relating to those taxable transfers, etc. of assets may, notwithstanding the provisions of that item, be an amount calculated, as provided by Cabinet Order, on the basis of the amount of consumption tax, etc. set forth in Article 57-4, paragraph (1), item (v) that is stated in the qualified invoice, or any other amount specified by Cabinet Order; provided, however, that this does not apply to taxable transfers, etc. of assets to which the provisions of Article 16, paragraph (1), Article 17, paragraph (1) or the main clause of paragraph (2), or Article 18, paragraph (1), or any other provisions specified by Cabinet Order apply.
A return under the provisions of paragraph (1) must be accompanied by a document stating, as provided by Ministry of Finance Order, the details of the amount of consideration for transfers, etc. of assets and the amount of tax on taxable purchases, etc. during that taxable period, and other matters.
Special Provisions on the Deadline for Filing a Final Return by a Corporation(法人の確定申告書の提出期限の特例)
Article 45-2, paragraph (1)
Where a corporation that is to submit the return under the provisions of paragraph (1) of the preceding Article (hereinafter in this paragraph and paragraph (4) referred to as a "consumption tax return") (limited to a corporation to which the provisions of Article 75-2, paragraph (1) (Special Provisions on Extension of the Due Date for Filing a Tax Return) of the Corporation Tax Act (including as applied mutatis mutandis pursuant to Article 144-8 (Special Provisions on Extension of the Due Date for Filing a Tax Return) of that Act; the same applies hereinafter in this paragraph) apply (excluding a corporation whose deadline for filing a consumption tax return is extended by the application of Article 60, paragraph (8))) submits to the district director having jurisdiction over its place for tax payment a written notification stating that the deadline for filing the consumption tax return is to be extended, the deadline for filing the consumption tax return for the taxable period that includes the last day of each business year on or after the business year that includes the day of that submission (including, in the case of a group tax sharing corporation prescribed in Article 2, item (xii)-7-2 (Definitions) of the Corporation Tax Act, that business year where the day of that submission is within 45 days from the day following the last day of that business year) (limited to a business year for which the deadline for filing a return under the provisions of Article 74, paragraph (1) (Final Returns) or Article 144-6, paragraph (1) or (2) (Final Returns) of that Act is extended pursuant to the provisions of Article 75-2, paragraph (1) of that Act (including a business year for which the provisions of Article 75-2, paragraph (1) of that Act are deemed not to apply pursuant to the provisions of Article 75-2, paragraph (9) of that Act (including as applied mutatis mutandis pursuant to Article 144-8 of that Act))) is, notwithstanding the provisions of paragraph (1) of the preceding Article, within three months from the day following the last day of that taxable period.
A corporation that has submitted a written notification under the provisions of the preceding paragraph must, when it intends to cease to be subject to the application of the provisions of that paragraph, or when it has discontinued its business, submit a written notification to that effect to the district director having jurisdiction over its place for tax payment.
Where a written notification under the provisions of the preceding paragraph has been submitted, the notification under the provisions of paragraph (1) ceases to be effective with respect to the taxable periods that include the last day of a business year, on or after the taxable period that includes the last day of the business year that includes the day on which that submission was made.
A corporation to which the provisions of paragraph (1) apply must pay, together with the consumption tax that is the basis of its calculation, interest tax equivalent to the amount calculated by multiplying the amount of consumption tax for the taxable period relating to the consumption tax return to which the provisions of that paragraph apply by a rate of 7.3 percent per annum, in accordance with the number of days in the period from the day on which two months have elapsed from the day following the last day of that taxable period to the deadline for filing extended pursuant to the provisions of that paragraph.
Where a disaster or other unavoidable reason arises, in respect of a corporation to which the provisions of paragraph (1) apply, before the day on which two months have elapsed from the day following the last day of the taxable period to which the provisions of that paragraph apply, the provisions of Article 11 (Extension of Time Limits due to Disasters and Similar Causes) of the Act on General Rules for National Taxes may be applied, for that taxable period only, by deeming the provisions of that paragraph not to apply.
Where the provisions of paragraph (1) apply, the retention period for the books or invoices, etc. prescribed in Article 30, paragraph (7), and other matters necessary for the application of the provisions of paragraph (1) are specified by Cabinet Order.
A business operator (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) may, where there is an amount set forth in Article 45, paragraph (1), item (v) or (vii) for the consumption tax for its taxable period, even in a case where it has no obligation to submit a return under the proviso to that paragraph, submit to the district director a return stating the matters set forth in the items of Article 45, paragraph (1), in order to receive a refund under the provisions of Article 52, paragraph (1) or Article 53, paragraph (1).
Where an individual business operator dies in the middle of a taxable period and the case falls under one where a return under the provisions of the preceding paragraph may be submitted for the consumption tax for that taxable period of that person, the heir may, as provided by Cabinet Order, submit that return to the district director.
A return under the provisions of paragraph (1) must be accompanied by a document stating, as provided by Ministry of Finance Order, the details of the amount of consideration for transfers, etc. of assets and the amount of tax on taxable purchases, etc. during that taxable period, and other matters.
Special Provisions on Filing Returns by Means of Electronic Data Processing System(電子情報処理組織による申告の特例)
Article 46-2, paragraph (1)
A business operator that is a specified corporation (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) must, with respect to a filing of a return for consumption tax on taxable transfers, etc. of assets and specified taxable purchases that is to be made, pursuant to the provisions of Article 42, Article 43, Article 45 or the preceding Article, or Article 18 (Filing of a Return after the Due Date) or Article 19 (Amended Return) of the Act on General Rules for National Taxes, by means of an interim return or final return, etc., or an amended return relating to those returns (meaning the amended return prescribed in Article 19, paragraph (3) of that Act; the same applies in Article 56) (hereinafter in this paragraph and paragraph (3) of this Article and in paragraph (1) of the following Article referred to as the "tax return, etc."), or that is to be made by attaching thereto the documents that are to be attached to the tax return, etc. pursuant to the provisions of this Act (including orders issued thereunder) or Article 18, paragraph (3) or Article 19, paragraph (4) of the Act on General Rules for National Taxes (hereinafter in this paragraph and paragraph (3) referred to as "attached documents"), make that filing, notwithstanding those provisions, as provided by Ministry of Finance Order, by providing the matters that are to be stated in the tax return, etc. (referred to in paragraph (3) as the "matters stated in a return") or the matters that are to be stated in the attached documents (referred to in paragraph (3) as the "matters stated in attached documents") by a method specified by Ministry of Finance Order as a method of using an electronic data processing system (meaning an electronic data processing system that connects a computer used by the National Tax Agency (including input/output devices; the same applies hereinafter in this paragraph and paragraph (4)) with a computer used by the business operator making that filing by a telecommunications line; the same applies in paragraphs (1) and (6) of the following Article) after notifying the district director in advance as provided by Ministry of Finance Order.
The term "specified corporation" prescribed in the preceding paragraph means any of the following business operators:
前項に規定する特定法人とは、次に掲げる事業者をいう。
Article 46-2, paragraph (2), item (i)
a corporation whose amount of stated capital, amount of capital contributions or other amount specified by Cabinet Order as being similar thereto at the beginning of the relevant business year exceeds 100 million yen (excluding a foreign corporation prescribed in Article 2, item (iv) (Definitions) of the Corporation Tax Act);
a mutual company prescribed in Article 2, paragraph (5) (Definitions) of the Insurance Business Act (Act No. 105 of 1995);
保険業法(平成七年法律第百五号)第二条第五項(定義)に規定する相互会社
Article 46-2, paragraph (2), item (iii)
an investment corporation prescribed in Article 2, paragraph (12) (Definitions) of the Act on Investment Trusts and Investment Corporations (Act No. 198 of 1951) (excluding a corporation set forth in item (i));
a specific purpose company prescribed in Article 2, paragraph (3) (Definitions) of the Act on the Securitization of Assets (Act No. 105 of 1998) (excluding a corporation set forth in item (i));
With respect to a filing under paragraph (1) made pursuant to the provisions of that paragraph, the provisions of this Act (including orders issued thereunder), the provisions of the Act on General Rules for National Taxes (excluding Article 124 (Statement of the Name, Address, and Identification Number of the Person Submitting Documents)) and the provisions of other laws and regulations specified by Cabinet Order apply by deeming that it was made by means of a tax return, etc. in which the matters stated in a return are stated, or by attaching thereto attached documents in which the matters stated in attached documents are stated.
A filing under paragraph (1) made pursuant to the provisions of that paragraph is deemed to have reached the district director at the time when it is recorded in a file kept on the computer used by the National Tax Agency referred to in that paragraph.
In the case referred to in paragraph (1), with respect to the entry of the name 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 (Act No. 27 of 2013)) under the provisions of Article 124 of the Act on General Rules for National Taxes, the business operator referred to in paragraph (1) must, notwithstanding the provisions of Article 124 of that Act, take measures to make its name clear in place of that entry, as provided by Ministry of Finance Order.
Special Provisions for Cases Where Filing Returns by Means of an Electronic Data Processing System Is Difficult(電子情報処理組織による申告が困難である場合の特例)
Article 46-3, paragraph (1)
Where a business operator referred to in paragraph (1) of the preceding Article is found to have difficulty using an electronic data processing system due to a failure of a telecommunications line, a disaster or any other reason, and is found to be able to submit a tax return, etc. without applying the provisions of that paragraph, and has obtained the approval of the district director having jurisdiction over its place for tax payment to submit the tax return, etc. without applying the provisions of that paragraph, the provisions of the preceding Article do not apply to a filing under that paragraph made within the period designated by that district director.
A business operator that intends to obtain the approval referred to in the preceding paragraph must submit to the district director having jurisdiction over its place for tax payment a written application stating the circumstances that have made it necessary to be subject to the application of the provisions of that paragraph, the period for which it seeks to be designated under the provisions of that paragraph, and other matters specified by Ministry of Finance Order, with the documents specified by Ministry of Finance Order attached, by the day 15 days before the first day of that period (or, where the day on which the reason prescribed in the preceding paragraph arose is on or after the day 15 days before the deadline for filing the return under the provisions of Article 45, paragraph (1) (for a return under the provisions of Article 46, paragraph (1), the deadline for filing that would apply if that return were a return under the provisions of Article 45, paragraph (1)), and that deadline for filing falls within that period, by that first day).
In the case where a written application referred to in the preceding paragraph has been submitted, when the district director finds the circumstances referred to in that paragraph pertaining to the application to be inappropriate, they may deny the application.
Where the district director, upon the submission of the written application referred to in paragraph (2), makes a disposition of approval or denial of the application, the district director notifies the business operator that made the application to that effect in writing.
In the case where a written application referred to in paragraph (2) has been submitted, when no disposition of approval or denial has been made by the first day of the period, stated in the written application, for which the designation under the provisions of paragraph (1) is sought, it is deemed that the approval was given on that day and that the designation under the provisions of that paragraph was made with that period as the period referred to in that paragraph.
Where the district director finds that it is no longer difficult for a business operator to which the provisions of paragraph (1) apply to use an electronic data processing system, the district director may revoke the approval referred to in that paragraph. In this case, when the disposition of revocation has been made, the effect of that disposition is to arise for the period on or after the day following the day on which the disposition was made.
When the district director makes the disposition referred to in the preceding paragraph, the district director notifies the business operator subject to that disposition to that effect in writing.
税務署長は、前項の処分をするときは、その処分に係る事業者に対し、書面によりその旨を通知する。
Article 46-3, paragraph (8)
A business operator to which the provisions of paragraph (1) apply must, when it intends to cease to be subject to the application of the provisions of paragraph (1) with respect to a filing under paragraph (1) of the preceding Article, submit a written notification stating that fact and other matters specified by Ministry of Finance Order to the district director having jurisdiction over its place for tax payment. In this case, when the written notification has been submitted, the disposition of approval under paragraph (1) is to cease to be effective for the period on or after the day following the day on which it was submitted.
Return on the Tax Base Amount and Tax Amount for Taxable Goods Taken Out of a Bonded Area, etc.(引取りに係る課税貨物についての課税標準額及び税額の申告等)
Article 47, paragraph (1)
A person who intends to take out of a bonded area taxable goods to which the self-assessment system prescribed in Article 6-2, paragraph (1), item (i) (Method of Determining the Amount of Tax) of the Customs Act applies must, except in a case where the consumption tax on that taking out is to be exempted under the provisions of other Acts or treaties, submit to the director-general of a customs house a return stating the following matters:
the name of the taxable goods taken out, and, for each name, the quantity, the amount of the tax base (referred to in the following item as the "tax base amount") and the tax rate;
the amount of consumption tax on the tax base amount and the total of those amounts of consumption tax;
課税標準額に対する消費税額及び当該消費税額の合計額
Article 47, paragraph (1), item (iii)
the basis of the calculation of the amount listed in the preceding two items and any other matters as specified by Ministry of Finance Order.
前二号に掲げる金額の計算の基礎その他財務省令で定める事項
Article 47, paragraph (2)
A person who intends to take out of a bonded area taxable goods to which the official assessment system prescribed in Article 6-2, paragraph (1), item (ii) of the Customs Act applies must, except in a case where the consumption tax on that taking out is to be exempted under the provisions of other Acts or treaties, submit to the director-general of a customs house a return stating the matters set forth in item (i) of the preceding paragraph relating to the taxable goods taken out and other matters specified by Ministry of Finance Order.
Where a person prescribed in paragraph (1) makes a special declaration prescribed in Article 7-2, paragraph (2) (Special Declaration) of the Customs Act for the taxable goods taken out, the deadline for filing the return under paragraph (1) for those taxable goods is the last day of the month following the month that includes the day on which those taxable goods are taken out.
Payment by Interim Return for Taxable Transfers, etc. of Assets and Specified Taxable Purchases(課税資産の譲渡等及び特定課税仕入れについての中間申告による納付)
Article 48, paragraph (1)
A person who has submitted an interim return must, where there is an amount set forth in Article 42, paragraph (1), item (i), paragraph (4), item (i) or paragraph (6), item (i) that is stated in that return (or, where the person has submitted an interim return stating the matters set forth in the items of Article 43, paragraph (1), the amount set forth in item (iv) of that paragraph), pay to the national government consumption tax equivalent to that amount by the deadline for filing that return.
Payment by Final Return for Taxable Transfers, etc. of Assets and Specified Taxable Purchases(課税資産の譲渡等及び特定課税仕入れについての確定申告による納付)
Article 49, paragraph (1)
A person who has submitted a return under the provisions of Article 45, paragraph (1) must, where there is an amount of consumption tax set forth in item (iv) of that paragraph that is stated in that return (or, in a case falling under item (vi) of that paragraph, the amount of consumption tax set forth in that item), pay to the national government consumption tax equivalent to that amount of consumption tax by the deadline for filing that return.
Payment of Consumption Tax on Taxable Goods Taken Out of a Bonded Area, etc.(引取りに係る課税貨物についての消費税の納付等)
Article 50, paragraph (1)
A person who has submitted a return under the provisions of Article 47, paragraph (1) must pay to the national government, by the time of taking out of a bonded area the taxable goods relating to that filing (or, in the case of paragraph (3) of that Article, by the deadline for filing that return), consumption tax equivalent to the total of the amounts of consumption tax set forth in paragraph (1), item (ii) of that Article that are stated in that return.
Consumption tax on taxable goods prescribed in Article 47, paragraph (2) that are taken out of a bonded area is collected at the time of that taking out by the director-general of a customs house referred to in that paragraph.
Extension of the Due Date for Payment for Taxable Goods Taken Out of a Bonded Area(引取りに係る課税貨物についての納期限の延長)
Article 51, paragraph (1)
Where a person who intends to take out of a bonded area taxable goods to which the self-assessment system prescribed in Article 6-2, paragraph (1), item (i) (Method of Determining the Amount of Tax) of the Customs Act (referred to as the "self-assessment system" in the following paragraph) applies (excluding a person who submits a special return for those taxable goods (referred to as a "special filer" in Article 58); the same applies in the following paragraph) has submitted a return under the provisions of Article 47, paragraph (1), and, with respect to the due date for payment of all or part of the total of the amounts of consumption tax set forth in item (ii) of that paragraph that are stated in that return, has submitted to the director-general of a customs house referred to in that paragraph a written application stating that the person wishes to obtain an extension thereof, and has also provided to that director-general of a customs house security in an amount equivalent to all or part of that total amount of consumption tax, that director-general of a customs house may, with respect to the consumption tax on those taxable goods, notwithstanding the provisions of paragraph (1) of the preceding Article, extend the due date for payment by up to three months, to the extent that the amount of that consumption tax does not exceed the amount of the security so provided.
Where a person who intends to take out of a bonded area taxable goods to which the self-assessment system applies has, with respect to the due date for payment of the consumption tax to be imposed when taking taxable goods out of a bonded area in the month (hereinafter in this paragraph referred to as the "specified month"), submitted to the director-general of a customs house with whom the person submits the return under the provisions of Article 47, paragraph (1) for those taxable goods, by the last day of the month preceding the specified month, a written application stating that the person wishes to obtain an extension thereof, and has also provided to that director-general of a customs house security in an amount equivalent to the total of the amounts of consumption tax on those taxable goods, that director-general of a customs house may, with respect to the consumption tax on the taxable goods that the person takes out in the specified month, notwithstanding the provisions of paragraph (1) of the preceding Article, extend the due date for payment to a date within three months from the day following the last day of the specified month, to the extent that the cumulative total of the amount of consumption tax in the specified month does not exceed the amount of the security so provided.
Where an authorized importer (meaning an authorized importer prescribed in Article 7-2, paragraph (1) (Special Provisions on Declaration) of the Customs Act; the same applies hereinafter in this paragraph) has submitted a special return by its deadline for filing, and, with respect to the due date for payment of all or part of the total of the amounts of consumption tax set forth in Article 47, paragraph (1), item (ii) that are stated in that special return, has submitted to the director-general of a customs house referred to in that paragraph, by the deadline for filing that special return, a written application stating that the authorized importer wishes to obtain an extension thereof, that director-general of a customs house may, with respect to the consumption tax on the relevant taxable goods, notwithstanding the provisions of paragraph (1) of the preceding Article, extend the due date for payment by up to two months. In this case, where the director-general of a customs house finds it necessary for the preservation of the consumption tax, the director-general may, as provided by Cabinet Order, order the authorized importer to provide security in an amount equivalent to all or part of the amount of consumption tax stated in that special return.
Where an authorized commissioning importer prescribed in Article 7-2, paragraph (1) of the Customs Act has submitted a special return by its deadline for filing, and, with respect to the due date for payment of all or part of the total of the amounts of consumption tax set forth in Article 47, paragraph (1), item (ii) that are stated in that special return, has submitted to the director-general of a customs house referred to in that paragraph, by the deadline for filing that special return, a written application stating that the authorized commissioning importer wishes to obtain an extension thereof, and has also provided to that director-general of a customs house security in an amount equivalent to all or part of that total amount of consumption tax, that director-general of a customs house may, with respect to the consumption tax on the relevant taxable goods, notwithstanding the provisions of paragraph (1) of the preceding Article, extend the due date for payment by up to two months, to the extent that the amount of that consumption tax does not exceed the amount of the security so provided.
Refund of Shortfall in Deduction of Consumption Tax on Purchases(仕入れに係る消費税額の控除不足額の還付)
Article 52, paragraph (1)
Where a return under the provisions of Article 45, paragraph (1) or Article 46, paragraph (1) has been submitted, and a shortfall set forth in Article 45, paragraph (1), item (v) is stated in those returns, the district director refunds consumption tax equivalent to that shortfall to the person who submitted those returns.
Where interest on refund (meaning interest on refund prescribed in Article 58, paragraph (1) (Interest on Refund) of the Act on General Rules for National Taxes; the same applies hereinafter in this Chapter) is calculated for a refund under the provisions of the preceding paragraph, the period under Article 58, paragraph (1) of that Act that is the basis of the calculation is, according to which of the returns listed in the following items the return relating to that refund falls under, the period from the day following the deadline or day specified in the relevant item until the day on which the decision to pay for that refund is made or the day on which appropriation (meaning appropriation under Article 57, paragraph (1) (Appropriation) of that Act; the same applies hereinafter in this Chapter) is made of that refund (or, where there is a day before that day on which it became suitable to make the appropriation, that day on which it became suitable).
a return under the provisions of Article 45, paragraph (1) (limited to one submitted by the deadline for filing that return): the deadline for filing that return;
a return under the provisions of Article 45, paragraph (1) (excluding one submitted by the deadline for filing that return): the last day of the month that includes the day on which that return was submitted;
a return under the provisions of Article 46, paragraph (1): the last day of the month that includes the day on which that return was submitted (where that return was submitted before the day on which two months have elapsed from the day following the last day of the taxable period relating to that return, the day on which those two months have elapsed).
Where appropriation of a refund under the provisions of paragraph (1) is made to unpaid consumption tax for the taxable period relating to the return prescribed in that paragraph, no interest on refund is to be added to the amount so appropriated out of that refund, and delinquent tax and interest tax are to be exempted with respect to the portion of consumption tax so appropriated.
Beyond what is provided for in the preceding two paragraphs, procedures for a refund set forth in paragraph (1), methods for the appropriation of a refund (including interest on refund related thereto) pursuant to the provisions of the paragraph, and other necessary matters concerning the application of the provisions of the paragraph are specified by Cabinet Order.
Refund of Shortfall in Deduction of Interim Payment(中間納付額の控除不足額の還付)
Article 53, paragraph (1)
Where, from a person who has submitted an interim return, a return under the provisions of Article 45, paragraph (1) or Article 46, paragraph (1) has been submitted for the taxable period relating to that interim return, and a shortfall set forth in Article 45, paragraph (1), item (vii) is stated in those returns, the district director refunds the interim payment equivalent to that shortfall to the person who submitted those returns.
In the case where the district director makes a refund pursuant to the provisions of the preceding paragraph, when any delinquent tax has been paid with regard to the amount of interim payment pertaining to the interim return set forth in the paragraph, they also refund the amount calculated, as specified by Cabinet Order, as the portion of the delinquent tax that corresponds to the amount of interim payment to be refunded pursuant to the provisions of the paragraph.
Where interest on refund is calculated for a refund under the provisions of paragraph (1), the period under Article 58, paragraph (1) (Interest on Refund) of the Act on General Rules for National Taxes that is the basis of the calculation is the period from the day following the day on which the interim payment to be refunded under the provisions of paragraph (1) was paid (or, where that interim payment was paid before its due date for payment, that due date for payment) until the day on which the decision to pay for that refund is made or the day on which appropriation is made of that refund (or, where there is a day before that day on which it became suitable to make the appropriation, that day on which it became suitable); provided, however, that where the return relating to that refund is a return listed in the following items, the number of days specified in each of those items is not to be included in that period.
a return under the provisions of Article 45, paragraph (1) (excluding one submitted by the deadline for filing that return): the number of days from the day following the deadline for filing that return until the day on which it was submitted;
a return under the provisions of Article 46, paragraph (1) that was submitted on or after the day following the day on which two months have elapsed from the day following the last day of the taxable period relating to that return: the number of days from that following day until the day on which it was submitted.
Where appropriation of a refund under the provisions of paragraph (1) is made to unpaid consumption tax for the taxable period relating to the interim payment that was the basis of the calculation of its amount, no interest on refund is to be added to the amount so appropriated out of the amount of that refund, and delinquent tax and interest tax are to be exempted with respect to the portion of consumption tax so appropriated.
Interest on refund does not accrue on a refund under the provisions of paragraph (2).
第二項の規定による還付金については、還付加算金は、付さない。
Article 53, paragraph (6)
Beyond what is prescribed in the preceding three paragraphs, Cabinet Order provides for procedures for issuing a refund as referred to in paragraph (1) or paragraph (2), the way of making appropriation of a refund under paragraph (1) (and interest on refund thereon) and other necessary particulars concerning the application of the provisions of that paragraph or paragraph (2).
Refund of Shortfall in Deduction of Consumption Tax on Purchases by Reassessment or Similar Decision concerning Final Returns, etc.(確定申告等に係る更正等による仕入れに係る消費税額の控除不足額の還付)
Article 54, paragraph (1)
Where a reassessment under Article 24 (Reassessment) or Article 26 (Reassessment of Previous Reassessment) of the Act on General Rules for National Taxes (including a decision or determination on an appeal, or a judgment on a lawsuit, against a disposition on a request for reassessment for that consumption tax (meaning a request for reassessment under Article 23, paragraph (1) (Request for Reassessment) of that Act; the same applies hereinafter in this Chapter); hereinafter in this paragraph and the following paragraph referred to as a "reassessment or similar decision") has been made for the consumption tax relating to a final return, etc., and the amount set forth in Article 45, paragraph (1), item (v) has increased due to that reassessment or similar decision, the district director refunds to the person who submitted that final return, etc. the amount of consumption tax equivalent to the amount of that increased portion.
Where interest on refund is calculated for a refund under the provisions of the preceding paragraph, the period under Article 58, paragraph (1) (Interest on Refund) of the Act on General Rules for National Taxes that is the basis of the calculation is the period from the day on which one month has elapsed from the day following the date of the reassessment or similar decision referred to in the preceding paragraph (or, where that reassessment or similar decision is a reassessment based on a request for reassessment (meaning a reassessment under Article 24 or Article 26 of that Act; the same applies hereinafter in this Chapter), or is a decision or determination on an appeal, or a judgment on a lawsuit, against a disposition on a request for reassessment, the earlier of the day on which three months have elapsed from the day following the date of that request for reassessment and the day on which one month has elapsed from the day following the date of that reassessment or similar decision) until the day on which the decision to pay for that refund is made or the day on which appropriation is made of that refund (or, where there is a day before that day on which it became suitable to make the appropriation, that day on which it became suitable).
Where appropriation of a refund under the provisions of paragraph (1) is made to unpaid consumption tax for the taxable period relating to the final return, etc. referred to in that paragraph, no interest on refund is to be added to the amount so appropriated out of the amount of that refund, and delinquent tax and interest tax are to be exempted with respect to the portion of consumption tax so appropriated.
Beyond what is provided for in the preceding two paragraphs, methods for appropriation of a refund (including interest on refund related thereto) pursuant to the provisions of paragraph (1), and other necessary matters concerning the application of the provisions of the paragraph are specified by Cabinet Order.
Refund of Shortfall in Deduction of Interim Payment by Reassessment or Similar Decision, or Determination, concerning Final Returns, etc.(確定申告等に係る更正等又は決定による中間納付額の控除不足額の還付)
Article 55, paragraph (1)
Where a determination under Article 25 (Determination) of the Act on General Rules for National Taxes has been made for the consumption tax for the taxable period relating to the interim return of a person who submitted that interim return, and there is an amount set forth in Article 45, paragraph (1), item (vii) relating to that determination, the district director refunds the interim payment equivalent to that amount to that person.
Where a reassessment (including a decision or determination on an appeal, or a judgment on a lawsuit, against a disposition, etc. concerning that consumption tax (meaning a disposition on a request for reassessment or a determination under Article 25 of the Act on General Rules for National Taxes); hereinafter in this paragraph and paragraph (4), item (ii) referred to as a "reassessment or similar decision") has been made for the consumption tax for the taxable period relating to the interim return of a person who submitted that interim return, and the amount set forth in Article 45, paragraph (1), item (vii) has increased due to that reassessment or similar decision, the district director refunds the interim payment equivalent to the amount of that increased portion to that person.
In the case where the district director makes a refund pursuant to the provisions of the preceding two paragraphs, when any delinquent tax has been paid with regard to the interim payment related to an interim return as prescribed in these provisions, they also refund the amount calculated, as specified by Cabinet Order, as the portion of the delinquent tax that corresponds to the interim payment to be refunded under these provisions.
Where interest on refund is calculated for a refund under the provisions of paragraph (1) or (2), the period under Article 58, paragraph (1) (Interest on Refund) of the Act on General Rules for National Taxes that is the basis of the calculation is the period from the day following the day on which the interim payment to be refunded pursuant to the provisions of paragraph (1) or (2) was paid (or, where that interim payment was paid before its due date for payment, that due date for payment) until the day on which the decision to pay for that refund is made or the day on which appropriation is made of that refund (or, where there is a day before that day on which it became suitable to make the appropriation, that day on which it became suitable; referred to as the "date of Appropriation" in item (ii), (b)); provided, however, that the number of days specified in each of the following items, according to the category of refund listed in that item, is not to be included in that period:
a refund under the provisions of paragraph (1): the number of days from the day following the deadline for filing the return under the provisions of Article 45, paragraph (1) for the taxable period prescribed in paragraph (1) (or, where that interim payment was paid after that deadline for filing, the day of that payment) until the day of the determination referred to in paragraph (1);
a refund under the provisions of paragraph (2): the number of days from the day following the deadline for filing the return under the provisions of Article 45, paragraph (1) for the taxable period prescribed in paragraph (2) (for a return under the provisions of Article 46, paragraph (1), the day on which two months have elapsed from the day following the last day of the taxable period relating to that return, and, where that interim payment was paid after that deadline for filing or after the day on which two months have elapsed from the day following the last day of that taxable period, the day of that payment) until the earlier of the following days:
the day on which one month has elapsed from the day following the date of the reassessment or similar decision set forth in paragraph (2) (in the case where the reassessment or similar decision is any of the following, the day specified in the following for each);
a reassessment based on a request for reassessment (including a decision or determination on an appeal, or a judgment on a lawsuit, against a disposition on the request; the same applies in (1)): the earlier of the day on which three months have elapsed from the day following the date of the request and the day on which one month has elapsed from the day following the date of the reassessment based on the request;
a reassessment relating to a determination under Article 25 of the Act on General Rules for National Taxes (including a decision or determination on an appeal, or a judgment on a lawsuit, relating to that determination, but excluding a reassessment based on a request for reassessment and a reassessment made on the ground that economic results produced by an invalid act included in the facts that formed the basis of the calculation of the amount of consideration for taxable transfers, etc. of assets (meaning the amount of consideration prescribed in Article 28, paragraph (1)) for the taxable period prescribed in paragraph (2) were lost due to the invalidity of that act, that a voidable act included in those facts was rescinded, or any other ground similar to these as specified by Cabinet Order): the day of that determination.
the day on which the decision to pay for that refund is made or the date of Appropriation for that refund.
その還付のための支払決定をする日又はその還付金に係る充当日
Article 55, paragraph (5)
Where appropriation of a refund under the provisions of paragraph (1) or (2) is made to unpaid consumption tax for the taxable period relating to the interim payment that was the basis of the calculation of its amount, no interest on refund is to be added to the amount so appropriated out of the amount of that refund, and delinquent tax and interest tax are exempted with respect to the portion of consumption tax so appropriated.
Interest on refund is not added to a refund pursuant to the provisions of paragraph (3).
第三項の規定による還付金については、還付加算金は、付さない。
Article 55, paragraph (7)
Beyond what is provided for in the preceding three paragraphs, methods for appropriation of a refund (including interest on refund related thereto) pursuant to the provisions of paragraph (1) or paragraph (2), and other necessary matters concerning the application of the provisions of paragraphs (1) through (3) are specified by Cabinet Order.
Special Provisions on Requests for Reassessment Accompanying a Reassessment or Similar Decision of the Consumption Tax Amount, etc. for a Preceding Taxable Period(前課税期間の消費税額等の更正等に伴う更正の請求の特例)
Article 56, paragraph (1)
A person who has submitted an amended return, or has received a reassessment or determination (meaning a determination under Article 25 (Determination) of the Act on General Rules for National Taxes; the same applies hereinafter in this Article), with respect to the amounts set forth in Article 45, paragraph (1), items (i) through (vii) that are to be stated in a final return, etc. may, where, in consequence of the submission of that amended return or that reassessment or determination, the person comes to fall under a case set forth in any of the following items, make a request for reassessment to the district director with respect to the amount prescribed in the relevant item, only within two months from the day following the day on which the person submitted that amended return or the day on which the person received notice of that reassessment or determination. In this case, the written request for reassessment prescribed in Article 23, paragraph (3) (Request for Reassessment) of that Act must state, in addition to the matters prescribed in that paragraph, the day on which the person submitted that amended return or the day on which the person received notice of that reassessment or determination.
where the amount set forth in Article 45, paragraph (1), item (iv) or (vi) (where an amended return was submitted or a reassessment was made with respect to that amount, the amount after that filing or reassessment; the same applies in the following paragraph) for a taxable period for which a determination was received, among the taxable periods after the taxable period relating to that amended return or reassessment or determination, becomes excessive;
where the amount set forth in Article 45, paragraph (1), item (vii) (where an amended return was submitted or a reassessment was made with respect to that amount, the amount after that filing or reassessment; the same applies in the following paragraph) for a taxable period for which a determination was received, among the taxable periods after the taxable period relating to that amended return or reassessment or determination, becomes insufficient.
A person who has submitted an amended return, or has received a reassessment or determination, with respect to the amount set forth in item (i) or (ii) of Article 47, paragraph (1) that is to be stated in a return under that paragraph, or a person who has received, for the consumption tax on taxable goods prescribed in Article 47, paragraph (2), a determination prescribed in Article 32, paragraph (1) (Assessment and Determination) of the Act on General Rules for National Taxes (hereinafter in this paragraph referred to as an "assessment and determination") or a determination to change prescribed in paragraph (2) of that Article (hereinafter in this paragraph referred to as a "change determination"), may, where, in consequence of the submission of that amended return, that reassessment or determination, or that assessment and determination or change determination, the person comes to fall under a case set forth in any of the following items, make a request for reassessment to the district director with respect to the amount prescribed in the relevant item, only within two months from the day following the day on which the person submitted that amended return or the day on which the person received notice of that reassessment or determination or assessment and determination or change determination (hereinafter in this paragraph referred to as a "reassessment, determination, etc."). In this case, the written request for reassessment prescribed in Article 23, paragraph (3) of that Act must state, in addition to the matters prescribed in that paragraph, the day on which the person submitted that amended return or the day on which the person received notice of that reassessment, determination, etc.
where the amount set forth in Article 45, paragraph (1), item (iv) or (vi) for a taxable period for which a determination was received, among the taxable periods relating to that amended return or reassessment, determination, etc., becomes excessive;
where the amount set forth in Article 45, paragraph (1), item (vii) for a taxable period for which a determination was received, among the taxable periods relating to that amended return or reassessment, determination, etc., becomes insufficient.
Notification of Cases Where Exemption from Tax Liability for Small-Scale Business Operators No Longer Applies, etc.(小規模事業者の納税義務の免除が適用されなくなつた場合等の届出)
Article 57, paragraph (1)
Where a business operator comes to fall under a case set forth in any of the following items, the person specified in the relevant item must promptly submit a written notification to that effect to the district director having jurisdiction over the place for tax payment of that business operator:
where the taxable sales in the base period for the taxable period (meaning the taxable sales in the base period prescribed in Article 9, paragraph (1); the same applies in the following item and item (ii)-2) exceed 10 million yen (including a case where the obligation to pay consumption tax ceases to be exempted under the provisions of Article 9-2, paragraph (1), Article 10, paragraph (1) or (2), Article 11 or Article 12, paragraphs (1) through (6)): that business operator;
In the case where the taxable sales in the base period for a taxable period have become 10 million yen or less (excluding the case falling under the following item, the case where a written notification has been submitted under Article 9, paragraph (4), and the case where the business operator has received the registration under paragraph (1) of the following Article): the business operator;
In the case where the taxable sales in the base period for a taxable period to which Article 12-4, paragraphs (1) through (3) apply have become 10 million yen or less (excluding the case where a written notification has been submitted under Article 9, paragraph (4) and the case where the business operator has received the registration under paragraph (1) of the following Article): the business operator;
In the case where a business operator (excluding a business operator exempt from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has discontinued its business (excluding the case where a written notification stating that business has been discontinued has already been submitted under paragraph (5) of that Article, Article 19, paragraph (3), Article 37, paragraph (5), Article 42, paragraph (9) or Article 45-2, paragraph (2)): the business operator;
In the case where an individual business operator (excluding a person exempt from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has died: the heir of the deceased individual business operator;
In the case where a corporation (excluding a corporation exempt from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) has been extinguished through a merger: the merging corporation involved in the merger.
If a business operator has come to fall under a newly established corporation prescribed in Article 12-2, paragraph (1) or a specified newly founded corporation prescribed in Article 12-3, paragraph (1), the business operator must promptly submit a written notification to that effect to the district director having jurisdiction over its place for tax payment.
Registration of Qualified Invoice Issuers, etc.(適格請求書発行事業者の登録等)
Article 57-2, paragraph (1)
A business operator that engages, or intends to engage, in taxable transfers, etc. of assets in Japan and intends to issue a qualified invoice prescribed in Article 57-4, paragraph (1) (excluding a business operator exempt from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1)) may receive registration from the district director.
A business operator that intends to receive the registration under the preceding paragraph must submit a written application stating the matters specified by Ministry of Finance Order to the district director having jurisdiction over its place for tax payment. In this case, if a business operator exempt from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) intends to receive the registration under the preceding paragraph from the first day of a taxable period to which the main clause of that paragraph ceases to apply, it must submit the written application to that district director by the date specified by Cabinet Order.
Upon receiving the written application under the preceding paragraph, the district director must examine it without delay and, except where registration is refused under paragraph (5), must make the registration under paragraph (1).
The registration under paragraph (1) is to be made by entering the name, registration number and other matters specified by Cabinet Order in the register of qualified invoice issuers. In this case, the district director must promptly publish the matters entered in the register of qualified invoice issuers, as provided by Cabinet Order.
If the district director finds that a business operator who intends to receive the registration under paragraph (1) falls under a fact specified in the relevant one of the following items for the category of cases set forth in that item, the district director may refuse the registration.
In the case where the business operator is a business operator other than a specified foreign business operator (meaning a foreign business operator that has no office, place of business or other equivalent facility in Japan in connection with transfers, etc. of assets conducted in Japan; the same applies in the following item and the following paragraph): any of the following facts:
The business operator (limited to a person to whom Article 117, paragraph (1) (Tax Agent) of the Act on General Rules for National Taxes applies) has not filed the notification of a tax agent under paragraph (2) of that Article;
The business operator is a person who has been sentenced to a fine or heavier punishment for violating the provisions of this Act, and for whom two years have not elapsed since the day on which the execution of the sentence ended or the person ceased to be subject to its execution;
In the case where the business operator is a specified foreign business operator: any of the following facts:
当該事業者が特定国外事業者である場合 次に掲げるいずれかの事実
Article 57-2, paragraph (5), item (ii), (a)
There is no tax representative prescribed in Article 74-9, paragraph (3), item (ii) (Advance Notice of Examination to Persons Liable for Tax, etc.) of the Act on General Rules for National Taxes who has authority for tax agency regarding consumption tax (meaning the tax agency listed in Article 2, paragraph (1), item (i) (Services of Certified Public Tax Accountants) of the Certified Public Tax Accountant Act (Act No. 237 of 1951); the same applies in item (ii), (c) of the following paragraph);
The business operator has not filed the notification of a tax agent under Article 117, paragraph (2) of the Act on General Rules for National Taxes;
当該事業者が国税通則法第百十七条第二項の規定による納税管理人の届出をしていないこと。
Article 57-2, paragraph (5), item (ii), (c)
There are currently arrears of national taxes, and collection of the amount of taxes in arrears is extremely difficult;
現に国税の滞納があり、かつ、その滞納額の徴収が著しく困難であること。
Article 57-2, paragraph (5), item (ii), (d)
The business operator is a person whose registration under paragraph (1) has been revoked under the following paragraph (limited to the case where the business operator fell under any of the facts listed in item (ii), (e) or (f) of the following paragraph), and for whom one year has not elapsed since the date of the revocation;
The business operator is a person who has been sentenced to a fine or heavier punishment for violating the provisions of this Act, and for whom two years have not elapsed since the day on which the execution of the sentence ended or the person ceased to be subject to its execution.
If the district director finds that a qualified invoice issuer set forth in each of the following items falls under the fact specified in that item, the district director may revoke that qualified invoice issuer's registration under paragraph (1).
A qualified invoice issuer that is a business operator other than a specified foreign business operator: any of the following facts:
特定国外事業者以外の事業者である適格請求書発行事業者 次に掲げるいずれかの事実
Article 57-2, paragraph (6), item (i), (a)
The qualified invoice issuer's whereabouts have been unknown for one year or more;
当該適格請求書発行事業者が一年以上所在不明であること。
Article 57-2, paragraph (6), item (i), (b)
The qualified invoice issuer is found to have discontinued its business;
当該適格請求書発行事業者が事業を廃止したと認められること。
Article 57-2, paragraph (6), item (i), (c)
The qualified invoice issuer (limited to a corporation) is found to have been extinguished through a merger;
当該適格請求書発行事業者(法人に限る。)が合併により消滅したと認められること。
Article 57-2, paragraph (6), item (i), (d)
The qualified invoice issuer (limited to a person to whom Article 117, paragraph (1) of the Act on General Rules for National Taxes applies) has not filed the notification of a tax agent under paragraph (2) of that Article;
The qualified invoice issuer has been sentenced to a fine or heavier punishment for violating the provisions of this Act;
当該適格請求書発行事業者がこの法律の規定に違反して罰金以上の刑に処せられたこと。
Article 57-2, paragraph (6), item (i), (f)
The qualified invoice issuer is a person who has submitted the written application under paragraph (2) with a false statement regarding the matters relating to the fact specified in item (i) of the preceding paragraph and has received the registration under paragraph (1) based on that application;
A qualified invoice issuer that is a specified foreign business operator: any of the following facts:
特定国外事業者である適格請求書発行事業者 次に掲げるいずれかの事実
Article 57-2, paragraph (6), item (ii), (a)
The qualified invoice issuer is found to have discontinued its business;
当該適格請求書発行事業者が事業を廃止したと認められること。
Article 57-2, paragraph (6), item (ii), (b)
The qualified invoice issuer (limited to a corporation) is found to have been extinguished through a merger;
当該適格請求書発行事業者(法人に限る。)が合併により消滅したと認められること。
Article 57-2, paragraph (6), item (ii), (c)
By the deadline for filing the return of the qualified invoice issuer under Article 45, paragraph (1), no document certifying authority for tax agency regarding the consumption tax relating to that return (meaning the document prescribed in Article 30 (Indication of Authority for Tax Agency) of the Certified Public Tax Accountant Act (including as applied mutatis mutandis pursuant to Article 48-16 (Application Mutatis Mutandis of Provisions on Rights and Obligations of Certified Public Tax Accountants) of that Act)) has been submitted;
The qualified invoice issuer (limited to a person to whom Article 117, paragraph (1) of the Act on General Rules for National Taxes applies) has not filed the notification of a tax agent under paragraph (2) of that Article;
In the case where no return filed by the due date prescribed in Article 17, paragraph (2) (Filing of a Return by the Due Date) of the Act on General Rules for National Taxes has been submitted for consumption tax, it is found that there is no justifiable reason for that non-submission;
There are currently arrears of national taxes, and collection of the amount of taxes in arrears is extremely difficult;
現に国税の滞納があり、かつ、その滞納額の徴収が著しく困難であること。
Article 57-2, paragraph (6), item (ii), (g)
The qualified invoice issuer has been sentenced to a fine or heavier punishment for violating the provisions of this Act;
当該適格請求書発行事業者がこの法律の規定に違反して罰金以上の刑に処せられたこと。
Article 57-2, paragraph (6), item (ii), (h)
The qualified invoice issuer is a person who has submitted the written application under paragraph (2) with a false statement regarding the matters relating to the fact specified in item (ii) of the preceding paragraph and has received the registration under paragraph (1) based on that application.
When the district director makes the registration under paragraph (1) or a disposition under the preceding two paragraphs, the district director notifies the business operator subject to that registration or disposition to that effect in writing.
A qualified invoice issuer must, when there has been a change in the matters entered in the register of qualified invoice issuers prescribed in paragraph (4), promptly submit a written notification to that effect to the district director having jurisdiction over its place for tax payment.
Upon receiving the submission of a written notification under the preceding paragraph, the district director is to, without delay, enter the matters relating to that notification in the register of qualified invoice issuers and make the registration of change. In this case, the district director must promptly publish the matters entered in the register of qualified invoice issuers after that change, as provided by Cabinet Order.
Where a qualified invoice issuer comes to fall under a case set forth in any of the following items, the registration under paragraph (1) ceases to be effective on the day specified in the relevant item:
where the qualified invoice issuer submits to the district director having jurisdiction over its place for tax payment a written notification requesting the cancellation of the registration under paragraph (1): the day following the last day of the taxable period that includes the day of that submission (where that submission is made during the period from the day following the day specified by Cabinet Order until the last day of that taxable period, the day following the last day of the taxable period following that taxable period);
where the qualified invoice issuer discontinues its business (limited to the case where it has submitted a written notification stating that it has come to fall under the case set forth in item (iii) of paragraph (1) of the preceding Article, pursuant to the provisions of that paragraph): the day following the day on which it discontinued its business;
where a corporation that is the qualified invoice issuer is extinguished through a merger (limited to the case where it has submitted a written notification stating that it has come to fall under the case set forth in item (v) of paragraph (1) of the preceding Article, pursuant to the provisions of that paragraph): the day on which that corporation was extinguished through a merger.
When the district director has revoked a registration pursuant to the provisions of paragraph (6), or when the registration under paragraph (1) has ceased to be effective pursuant to the provisions of the preceding paragraph, the district director must cancel that registration. In this case, the district director must promptly publish, as provided by Cabinet Order, the fact that the registration has been revoked or has ceased to be effective and the date thereof.
Beyond what is prescribed in the preceding paragraphs, necessary matters concerning the application of the provisions of this Article are specified by Cabinet Order.
前各項に定めるもののほか、この条の規定の適用に関し必要な事項は、政令で定める。
Article 57-3第五十七条の三
Procedures, etc. Where a Qualified Invoice Issuer Dies(適格請求書発行事業者が死亡した場合における手続等)
Article 57-3, paragraph (1)
Where a qualified invoice issuer (limited to an individual business operator; the same applies hereinafter in this Article) dies, notwithstanding the provisions of Article 57, paragraph (1), the person specified in item (iv) of that paragraph must promptly submit a written notification stating that the case set forth in that item has come to apply to the district director having jurisdiction over the place for tax payment of that qualified invoice issuer.
The registration under paragraph (1) of the preceding Article upon the death of a qualified invoice issuer ceases to be effective, except where the following paragraph applies, on the earlier of the day following the day on which the written notification under the provisions of the preceding paragraph is submitted and the day on which four months have elapsed from the day following the day of that death.
For the period from the day following the day of the inheritance of an heir who has succeeded to the business of a qualified invoice issuer by inheritance (excluding a qualified invoice issuer) until the earlier of the day preceding the day on which that heir received the registration under paragraph (1) of the preceding Article and the day on which four months have elapsed from the day following the day on which the qualified invoice issuer concerned in that inheritance died (referred to as the "deemed registration period" in the following paragraph), the provisions of this Act (excluding paragraph (10) of that Article (limited to the part relating to item (i))) apply by deeming that heir to be a business operator that received the registration under paragraph (1) of that Article. In this case, during that deemed registration period, the registration number prescribed in paragraph (4) of that Article relating to that qualified invoice issuer is deemed to be the registration number of that heir.
The registration under paragraph (1) of the preceding Article relating to the decedent of an heir to whom the provisions of the preceding paragraph have applied ceases to be effective on or after the day following the last day of the deemed registration period of that heir.
When the registration under paragraph (1) of the preceding Article has ceased to be effective pursuant to the provisions of paragraph (2) or the preceding paragraph, the district director must cancel that registration. In this case, the district director must promptly publish, as provided by Cabinet Order, the fact that the registration has ceased to be effective and the date thereof.
Matters necessary for the application of the provisions of this Article, including the adjustment of the amount of consumption tax on inventory where the business of a qualified invoice issuer is succeeded to, are specified by Cabinet Order.
Obligations of Qualified Invoice Issuers(適格請求書発行事業者の義務)
Article 57-4, paragraph (1)
Where a qualified invoice issuer has conducted a taxable transfer, etc. of assets in Japan (excluding those exempted from consumption tax under the provisions of Article 7, paragraph (1), Article 8, paragraph (1) or other Acts or treaties; the same applies hereinafter in this Article) (excluding the case deemed to be a transfer of assets under Article 4, paragraph (5), the case where a person is deemed to have conducted a transfer, etc. of assets under Article 17, paragraph (1) or the main clause of paragraph (2), and other cases specified by Cabinet Order), if another business operator that receives that taxable transfer, etc. of assets (excluding a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1); the same applies hereinafter in this Article) requests the delivery of an invoice, delivery slip or other similar document stating the following matters (hereinafter through Article 57-6 referred to as a "qualified invoice"), the qualified invoice issuer must deliver the qualified invoice for that taxable transfer, etc. of assets to that other business operator; provided, however, that this does not apply where the qualified invoice issuer conducts a taxable transfer, etc. of assets specified by Cabinet Order as one for which, owing to the nature of the business conducted by the qualified invoice issuer, it is difficult to deliver a qualified invoice:
the name of the qualified invoice issuer and its registration number (meaning the registration number prescribed in Article 57-2, paragraph (4); the same applies in item (i) of the following paragraph and item (i) of paragraph (3));
the date on which the taxable transfer, etc. of assets was conducted (where the document is prepared collectively for taxable transfers, etc. of assets conducted within a certain period within the scope of a taxable period, that certain period);
the particulars of the assets or services relating to the taxable transfer, etc. of assets (where that taxable transfer, etc. of assets is a taxable transfer, etc. of assets subject to the reduced rate, the particulars of the assets and the fact that it is a taxable transfer, etc. of assets subject to the reduced rate);
the total amount, classified by each different tax rate, of the tax-exclusive price (meaning the amount of all money, or anything other than money, or rights or other economic benefits, received or to be received as consideration, and not including the amount of consumption tax to be imposed on the taxable transfer, etc. of assets or an amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as its tax base; the same applies in item (iv) of the following paragraph and item (iv) of paragraph (3)) or the tax-inclusive price (meaning the amount of all money, or anything other than money, or rights or other economic benefits, received or to be received as consideration, and including the amount of consumption tax to be imposed on the taxable transfer, etc. of assets and an amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as its tax base; the same applies in item (iv) of the following paragraph and item (iv) of paragraph (3)) relating to the taxable transfer, etc. of assets, and the applicable tax rate (meaning the rate obtained by multiplying the tax rate prescribed in Article 29, item (i) or (ii) by 100/78; the same applies in item (v) of the following paragraph and item (v) of paragraph (3));
the amount of consumption tax, etc. (meaning the amount calculated by the method specified by Cabinet Order, for each of the amounts totalled by each different tax rate as set forth in the preceding item, as the sum of the amount of consumption tax to be imposed on the taxable transfer, etc. of assets and an amount equivalent to the amount of local consumption tax to be imposed with that amount of consumption tax as its tax base);
the name of the business operator that receives the delivery of the document.
書類の交付を受ける事業者の氏名又は名称
Article 57-4, paragraph (2)
Where the provisions of the main clause of the preceding paragraph apply, if the taxable transfer, etc. of assets conducted in Japan by the qualified invoice issuer referred to in that paragraph relates to retail or any other business specified by Cabinet Order, the qualified invoice issuer may deliver, in place of a qualified invoice, an invoice, delivery slip or other similar document stating the following matters (hereinafter through Article 57-6 referred to as a "qualified simplified invoice"):
the name of the qualified invoice issuer and its registration number;
適格請求書発行事業者の氏名又は名称及び登録番号
Article 57-4, paragraph (2), item (ii)
the date on which the taxable transfer, etc. of assets was conducted;
課税資産の譲渡等を行つた年月日
Article 57-4, paragraph (2), item (iii)
the particulars of the assets or services relating to the taxable transfer, etc. of assets (where that taxable transfer, etc. of assets is a taxable transfer, etc. of assets subject to the reduced rate, the particulars of the assets and the fact that it is a taxable transfer, etc. of assets subject to the reduced rate);
the total amount, classified by each different tax rate, of the tax-exclusive price or the tax-inclusive price relating to the taxable transfer, etc. of assets;
課税資産の譲渡等に係る税抜価額又は税込価額を税率の異なるごとに区分して合計した金額
Article 57-4, paragraph (2), item (v)
the amount of consumption tax, etc. (meaning the amount calculated in accordance with the provisions of item (v) of the preceding paragraph) or the applicable tax rate.
消費税額等(前項第五号の規定に準じて計算した金額をいう。)又は適用税率
Article 57-4, paragraph (3)
A qualified invoice issuer that makes a refund, etc. of consideration for sales (meaning a refund, etc. of consideration for sales prescribed in Article 38, paragraph (1); the same applies hereinafter in this paragraph) must deliver to the other business operator that receives that refund, etc. of consideration for sales an invoice, delivery slip or other similar document stating the following matters (hereinafter in this Article referred to as a "qualified return invoice"); provided, however, that this does not apply where the qualified invoice issuer conducts a taxable transfer, etc. of assets for which, owing to the nature of the business conducted by the qualified invoice issuer, it is difficult to deliver a qualified return invoice upon that refund, etc. of consideration for sales, where the amount of that refund, etc. of consideration for sales is small, or in any other case specified by Cabinet Order:
the name of the qualified invoice issuer and its registration number;
適格請求書発行事業者の氏名又は名称及び登録番号
Article 57-4, paragraph (3), item (ii)
the date on which the refund, etc. of consideration for sales is made and the date on which the taxable transfer, etc. of assets relating to that refund, etc. of consideration for sales was conducted;
the particulars of the assets or services relating to the taxable transfer, etc. of assets relating to the refund, etc. of consideration for sales (where the taxable transfer, etc. of assets relating to that refund, etc. of consideration for sales is a taxable transfer, etc. of assets subject to the reduced rate, the particulars of the assets and the fact that it is a taxable transfer, etc. of assets subject to the reduced rate);
the total amount, classified by each different tax rate, of the tax-exclusive price or the tax-inclusive price relating to the refund, etc. of consideration for sales;
売上げに係る対価の返還等に係る税抜価額又は税込価額を税率の異なるごとに区分して合計した金額
Article 57-4, paragraph (3), item (v)
the amount of consumption tax, etc. relating to the amount of the refund, etc. of consideration for sales (meaning the amount calculated in accordance with the provisions of paragraph (1), item (v)) or the applicable tax rate.
A qualified invoice issuer that has delivered a qualified invoice, qualified simplified invoice or qualified return invoice must, where there is an error in the matters stated in those documents, deliver a corrected qualified invoice, qualified simplified invoice or qualified return invoice to the other business operator to which it delivered those documents.
A qualified invoice issuer may, in place of delivering a qualified invoice, qualified simplified invoice or qualified return invoice, provide electronic or magnetic records relating to the matters to be stated in those documents (meaning electronic or magnetic records prescribed in Article 2, item (iii) (Definitions) of the Act on Special Provisions concerning Preservation Methods for Books and Documents Related to National Tax Prepared by Means of Computers; the same applies hereinafter through Article 57-6). In this case, where there is an error in the matters provided as those electronic or magnetic records, the provisions of the preceding paragraph apply mutatis mutandis.
A qualified invoice issuer that has delivered a qualified invoice, qualified simplified invoice or qualified return invoice, or has provided electronic or magnetic records relating to the matters to be stated in those documents, must retain copies of those documents or those electronic or magnetic records, as provided by Cabinet Order. In this case, the retention of those electronic or magnetic records is to be by the method specified by Ministry of Finance Order.
The matters to be stated in qualified invoices, qualified simplified invoices and qualified return invoices, and other matters necessary for the application of the provisions of the preceding paragraphs, are specified by Cabinet Order.
Prohibition of Delivery of Documents Similar to Qualified Invoices, etc.(適格請求書類似書類等の交付の禁止)
Article 57-5, paragraph (1)
A person other than a qualified invoice issuer must not deliver or provide to another person the documents set forth in item (i) and the electronic or magnetic records set forth in item (iii) (limited to those relating to the matters stated in the documents set forth in item (i)), and a qualified invoice issuer must not deliver or provide to another person the documents set forth in item (ii) and the electronic or magnetic records set forth in item (iii) (limited to those relating to the matters stated in the documents set forth in item (ii)).
documents bearing an indication that is likely to be mistaken for a qualified invoice or qualified simplified invoice prepared by a qualified invoice issuer;
a qualified invoice or qualified simplified invoice containing a false statement;
偽りの記載をした適格請求書又は適格簡易請求書
Article 57-5, paragraph (1), item (iii)
electronic or magnetic records relating to the matters stated in the documents set forth in item (i) or in the documents set forth in the preceding item.
第一号に掲げる書類の記載事項又は前号に掲げる書類の記載事項に係る電磁的記録
Article 57-6第五十七条の六
Prohibition of Delivery of Qualified Invoices, etc. by Partners of Voluntary Partnerships, etc.(任意組合等の組合員による適格請求書等の交付の禁止)
Article 57-6, paragraph (1)
A qualified invoice issuer that is a partner of a partnership formed by a partnership contract prescribed in Article 667, paragraph (1) (Partnership Contracts) of the Civil Code (Act No. 89 of 1896), an investment limited partnership prescribed in Article 2, paragraph (2) (Definitions) of the Limited Partnership Act for Investment (Act No. 90 of 1998), a limited liability partnership prescribed in Article 2 (Definitions) of the Limited Liability Partnership Act (Act No. 40 of 2005), or an organization established under the laws and regulations of a foreign country that is similar to any of these partnerships (hereinafter in this Article referred to as a "voluntary partnership, etc.") must not, notwithstanding the provisions of the main clause of Article 57-4, paragraph (1), or paragraph (2) or (5) of that Article, deliver a qualified invoice or qualified simplified invoice, or provide electronic or magnetic records relating to the matters to be stated in those documents, for a taxable transfer, etc. of assets conducted in Japan as the business of that voluntary partnership, etc.; provided, however, that where all of the partners of that voluntary partnership, etc. are qualified invoice issuers and the person specified by Cabinet Order who executes the business of that voluntary partnership, etc. (referred to as the "executive partner" in the following paragraph) has submitted, as provided by Cabinet Order, a written notification to that effect to the district director having jurisdiction over the place for tax payment of that executive partner, this does not apply to taxable transfers, etc. of assets conducted on or after the day on which that submission was made.
Where a voluntary partnership, etc. that has submitted a written notification under the proviso to the preceding paragraph comes to fall under any of the following cases, the proviso to that paragraph does not apply to taxable transfers, etc. of assets conducted on or after the day on which it came to fall under that case. In this case, the executive partner of that voluntary partnership, etc. must promptly submit a written notification stating that it has come to fall under that case to the district director having jurisdiction over the executive partner's place for tax payment:
where a business operator that is not a qualified invoice issuer is newly admitted as a partner;
適格請求書発行事業者以外の事業者を新たに組合員として加入させた場合
Article 57-6, paragraph (2), item (ii)
where any of the partners of that voluntary partnership, etc. ceases to be a qualified invoice issuer.
当該任意組合等の組合員のいずれかが適格請求書発行事業者でなくなつた場合
Article 57-6, paragraph (3)
Beyond what is prescribed in the preceding two paragraphs, necessary matters concerning the application of the provisions of Article 57-4 to voluntary partnerships, etc. are specified by Cabinet Order.
A business operator (excluding a business operator whose obligation to pay consumption tax is exempted under the provisions of the main clause of Article 9, paragraph (1)) or a special filer is to, as provided by Cabinet Order, keep books, record in them the matters concerning the transfers, etc. of assets, taxable purchases, or taking out of taxable goods (excluding those for which consumption tax is exempted under the provisions of other laws or treaties; the same applies in Article 60) from a bonded area that it has carried out, and retain those books.
Succession to Obligation to File Returns, etc.(申告義務等の承継)
Article 59, paragraph (1)
In the case of inheritance, the heir succeeds to the following obligations of the decedent, and in the case where a corporation merges, the merging corporation succeeds to the following obligations of the merged corporation, respectively.
the obligation to file a return under the provisions of Article 42, paragraph (1), (4) or (6), Article 45, paragraph (1), or Article 47, paragraph (1) (limited to the case of paragraph (3) of that Article);
Article 59-2, paragraph (1)(電磁的記録に記録された事項に関する重加算税の特例)Special Provisions on Heavy Penalty Tax Concerning Matters Recorded in Electronic or Magnetic RecordsChanged
In the case where, with respect to matters recorded in an electronic or magnetic record retained by a business operator (meaning the electronic or magneticpurchase record information prescribed in Article 8, paragraph (2) and other records specified by Cabinet Order; the same applies hereinafter in this paragraph), a return filed after the due date prescribed in Article 18, paragraph (2) (Filing of a Return after the Due Date) of the Act on General Rules for National Taxes or an amended return prescribed in Article 19, paragraph (3) (Amended Return) of that Act is filed for consumption tax, a reassessment is made under the provisions of Article 24 (Reassessment) or Article 26 (Reassessment of Previous Reassessment) of that Act, or a determination is made under the provisions of Article 25 (Determination) of that Act (hereinafter in this paragraph referred to as "return filed after the due date, etc."), and the case falls under Article 68, paragraph (1) or (2) (Heavy Penalty Tax) of that Act, the amount of heavy penalty tax under paragraphs (1) and (2) of that Article is, notwithstanding those provisions, the amount obtained by adding to the amount calculated under those provisions the amount calculated by multiplying the amount of tax that is to be the basis prescribed in those provisions (if there are facts that are to be the basis for calculating that tax other than the facts relating to matters recorded in that electronic or magnetic record that give rise to that return filed after the due date, etc. (limited to those concerning facts that were concealed or disguised; hereinafter in this paragraph referred to as "fact relating to matters recorded in an electronic or magnetic record"), limited to the amount calculated, as provided by Cabinet Order, as the amount of tax based on the facts relating to matters recorded in an electronic or magnetic record) by 10 percent.
Cabinet Order provides for the necessary particulars concerning the application of the provisions of the preceding paragraph.
前項の規定の適用に関し必要な事項は、政令で定める。
Article 60第六十条
Special Provisions for the National Government, Local Governments, etc.(国、地方公共団体等に対する特例)
Article 60, paragraph (1)
A business conducted by the national government or a local government as operations relating to the general account, or a business conducted by the national government or a local government by establishing a special account, is deemed to be a business conducted by a single corporation for each such general account or special account, and the provisions of this Act apply accordingly; provided, however, that among the businesses conducted by the national government or a local government by establishing special accounts, a business conducted by establishing a special account specified by Cabinet Order is deemed to be a business conducted as operations relating to the general account.
Transfers, etc. of assets, taxable purchases and taking out of taxable goods from a bonded area conducted by the national government or a local government may, as provided by Cabinet Order, be treated as having been conducted on the last day of the fiscal year in which the consideration for the transfer, etc. of assets is to be received and of the fiscal year in which the costs of the taxable purchase and of the taking out of taxable goods from a bonded area are to be paid.
With respect to the time at which a corporation listed in Appended Table 3 that is specified by Cabinet Order as a corporation equivalent to the national government or a local government conducted transfers, etc. of assets, taxable purchases and taking out of taxable goods from a bonded area, it is specified by Cabinet Order in accordance with the provisions of the preceding paragraph.
In the case where the national government or a local government (limited to the case where it conducts a business by establishing a special account), a corporation listed in Appended Table 3, the trustee business operator prescribed in Article 15, paragraph (3) with respect to a public interest trust prescribed in the proviso to Article 14, paragraph (1) (referred to as a "public interest trust trustee" in paragraph (8)), or an association or foundation without legal personality (excluding one whose obligation to pay consumption tax is exempted under the provisions of the main clause of Article 9, paragraph (1)) makes a taxable purchase or takes taxable goods out of a bonded area, and in the taxable period that includes the day of the taxable purchase or the day of the taking out of the taxable goods from a bonded area (if a special return has been submitted for those taxable goods, the day on which that special return was submitted or the day on which notice of the determination on a special return was received) there is income other than consideration for transfers, etc. of assets (excluding income specified by Cabinet Order; hereinafter in this paragraph referred to as "specified income"), and the case falls under a case specified by Cabinet Order as one where the total amount of that specified income is not insignificant compared with the amount obtained by adding the total amount of that specified income to the total amount of the amounts of consideration for transfers, etc. of assets in that taxable period (meaning the amount of consideration prescribed in Article 28, paragraph (1)), then, except where Article 37 applies, the total amount of the amount of tax on taxable purchases, etc. (meaning the amount of tax on taxable purchases, etc. prescribed in Article 30, paragraph (2); the same applies hereinafter in this paragraph and the following paragraph) that may be deducted from the amount of consumption tax set out in Article 45, paragraph (1), item (ii) for that taxable period (referred to as "consumption tax on the tax base amount" in the following paragraph and paragraph (6)) is, notwithstanding the provisions of Articles 30 to 36, the amount equivalent to the remainder obtained by deducting, from the total amount of that amount of tax on taxable purchases, etc. as calculated under those provisions, the amount calculated, as provided by Cabinet Order, as the amount of tax on taxable purchases, etc. relating to specified income. In this case, that amount is deemed to be the consumption tax on purchases prescribed in Article 32, paragraph (1), item (i) for that taxable period.
In the case referred to in the preceding paragraph, if there is an amount that cannot be fully deducted when the amount calculated as provided by the Cabinet Order prescribed in that paragraph is deducted from the amount of tax on taxable purchases, etc. prescribed in that paragraph, that amount that cannot be fully deducted is deemed to be consumption tax relating to taxable transfers, etc. of assets and is added to the consumption tax on the tax base amount for the taxable period referred to in that paragraph.
With respect to a business conducted as operations relating to the general account of the national government or a local government that is deemed under paragraph (1) to be a business conducted by a single corporation, the total amount of consumption tax that may be deducted from the consumption tax on the tax base amount for the taxable period under the provisions of Articles 30 to 39 is, notwithstanding those provisions, deemed to be the same as that consumption tax on the tax base amount.
Where the national government or a local government conducts a business as operations relating to the general account, the provisions of Articles 9, 42, 45, 57 and 58 do not apply.
In addition to what is provided for in the preceding paragraphs, special provisions on the deadline for filing a return under the provisions of Article 42, paragraph (1), (4) or (6) or Article 45, paragraph (1) of the national government or a local government (limited to a business conducted by establishing a special account) or of those specified by Cabinet Order among the corporations listed in Appended Table 3, and other particulars necessary for the application of this Act to the national government, a local government, a corporation listed in Appended Table 3, a public interest trust trustee or an association or foundation without legal personality, are specified by Cabinet Order.
In addition to what is provided for in this Act, applications concerning permission or approval under the provisions of this Act, procedures concerning the provision of security, matters to be stated in documents, procedures for submitting them, and other particulars necessary for implementing this Act are specified by Ministry of Finance Order.
Obligations of Business Operators Making Specified Transfers, etc. of Assets(特定資産の譲渡等を行う事業者の義務)
Article 62, paragraph (1)
A business operator that makes a specified transfer, etc. of assets (limited to one that constitutes a specified taxable purchase made by another person in Japan) must, in advance at the time of that specified transfer, etc. of assets, indicate that the business operator that makes that specified taxable purchase is liable to pay consumption tax under the provisions of Article 5, paragraph (1).
When a business operator (excluding a business operator whose obligation to pay consumption tax is exempted under the provisions of the main clause of Article 9, paragraph (1)), in the case of making taxable transfers, etc. of assets (excluding those for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1) or other laws or treaties; the same applies hereinafter in this Article) to unspecified and numerous persons (excluding the case of making them exclusively to other business operators), displays in advance the price of the assets or services relating to the taxable transfers, etc. of assets, it must display a price that includes 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.
In any of the following cases, the person who committed the violation is punished by imprisonment for 10 years or less or a fine of 10 million yen or less, or both.
when a person has evaded consumption tax, or attempted to evade consumption tax on taxable goods taken out of a bonded area, by deceit or other wrongful act;
when a person has received, by deceit or other wrongful act, a refund under the provisions of Article 52, paragraph (1) or Article 53, paragraph (1) or (2), or a refund under the provisions of Article 54, paragraph (1) or Article 55, paragraph (2) or (3) (limited to a refund resulting from a reassessment (meaning a reassessment under Article 24 (Reassessment) or Article 26 (Reassessment of Previous Reassessment) of the Act on General Rules for National Taxes) based on a request for reassessment under Article 23, paragraph (1) (Request for Reassessment) of that Act).
An attempt to commit the offense set forth in item (ii) of the preceding paragraph (limited to the case where a return under Article 52, paragraph (1) that states the shortfall prescribed in that paragraph, or a written request for reassessment under Article 23, paragraph (3) of the Act on General Rules for National Taxes (limited to one by which a person seeks to receive a refund under Article 54, paragraph (1)), has been submitted) is punished.
In the case where the amount equivalent to the consumption tax on taxable transfers, etc. of assets and specified taxable purchases, or the amount equivalent to the refund, relating to the offenses under the preceding two paragraphs (excluding those relating to the case where a person has evaded or attempted to evade consumption tax on taxable goods taken out of a bonded area as prescribed in paragraph (1), item (i)) exceeds 10 million yen, the fine under the preceding two paragraphs may, in light of the circumstances, be an amount exceeding 10 million yen and equal to or less than the amount equivalent to that consumption tax or the amount equivalent to that refund.
In the case where 10 times the amount equivalent to the consumption tax on taxable goods taken out of a bonded area relating to the offense under paragraph (1) (limited to those relating to the case where a person has evaded or attempted to evade consumption tax on taxable goods taken out of a bonded area as prescribed in item (i) of that paragraph) exceeds 10 million yen, the fine under that paragraph may, in light of the circumstances, be an amount exceeding 10 million yen and equal to or less than the amount equivalent to 10 times the amount equivalent to that consumption tax.
In addition to what is prescribed in paragraph (1), item (i), if a person evades consumption tax by failing to submit a return under Article 45, paragraph (1) by the deadline for filing, the person who committed the violation is punished by imprisonment for five years or less or a fine of 5 million yen or less, or both.
In the case where the amount equivalent to the consumption tax on taxable transfers, etc. of assets and specified taxable purchases relating to the offense under the preceding paragraph exceeds 5 million yen, the fine under that paragraph may, in light of the circumstances, be an amount exceeding 5 million yen and equal to or less than the amount equivalent to that consumption tax.
In a case that falls under any of the following items, the person who committed the violation is punished by imprisonment for one year or less or a fine of 500,000 yen or less:
when a person, in violation of the provisions without justifiable grounds and in violation of the main clauseprovisions of Article 8, paragraph (45), has transferred or receivedfailed to export the tax-exempt goods set outreferred to in that paragraph without obtaining the approval under the proviso to that paragraph (including holding the goods in order to be entrusted with, or to broker, the transfer or receipt, or having a person entrusted with the transfer or a person brokering it hold the goods for the purpose of transfer);.
when a person has submitted, with false statements, a return under Article 42, paragraph (1), (4) or (6) that states the matters set out in the items of Article 43, paragraph (1);
when a person has failed to submit a return under Article 47, paragraph (2) by the deadline for filing, or has submitted a false return;
第四十七条第二項の規定による申告書をその提出期限までに提出せず、又は偽りの申告書を提出したとき。
Article 65, paragraph (1), item (iv)
when a person, in violation of Article 57-5, has delivered the documents set out in item (i) or (ii) of that Article, or has provided the electronic or magnetic record set out in item (iii) of that Article.
When a person, without justifiable grounds, has failed to submit by the deadline for filing a return under Article 45, paragraph (1) (excluding one without the amount of consumption tax set out in item (iv) of that paragraph) or a return under Article 47, paragraph (1), the person who committed the violation is punished by imprisonment for one year or less or a fine of 500,000 yen or less; provided, however, that the punishment may be remitted in light of the circumstances.
Where a representative of a corporation (including the administrator of an association or foundation without legal personality), or an agent, employee or other worker of a corporation or person, commits a violation under the preceding three Articles with regard to the business or property of that corporation or person, in addition to punishing the offender, the fine prescribed in each of those Articles is imposed on that corporation or person.
In the case where a fine is imposed on a corporation or person under the preceding paragraph for a violation of Article 64, paragraph (1), (2) or (5), the period of prescription is governed by the period of prescription for the offenses under those provisions.
Where paragraph (1) applies to an association or foundation without legal personality, its representative or administrator represents the association or foundation without legal personality with regard to its procedural acts, and the provisions of Acts concerning criminal proceedings in which a corporation is the accused or the suspect apply mutatis mutandis.
Supplementary Provisions, Article 21, paragraph (1)(輸出物品販売場における輸出物品の譲渡に係る免税に関する経過措置)Transitional Measures Concerning Tax Exemption for the Transfer of Export Goods at Tax-Free ShopsAdded
The provisions of Article 8 of the Consumption Tax Act as amended by the provisions of Article 5 apply to transfers of tax-exempt goods prescribed in paragraph (1) of that Article that a business operator that operates a tax-free shop (meaning a business operator that operates a tax-free shop prescribed in paragraph (1) of that Article; the same applies hereinafter in this Article) makes on or after November 1, 2026, and the provisions then in force continue to govern transfers of goods prescribed in Article 8, paragraph (1) of the Consumption Tax Act prior to amendment by the provisions of Article 5 that a business operator that operates a tax-free shop made before that day.