Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date, etc.
第一条(施行期日等)
This Act comes into effect as of the date of promulgation, and applies to consumption tax on the transfer, etc. of assets carried out by a business operator in Japan on or after April 1, 1989, on taxable purchases made by a business operator in Japan on or after that day, and on foreign goods taken out of a bonded area on or after that day.
Notwithstanding the provisions of the preceding paragraph, the provisions of this Act listed in the following items come into effect as of the dates specified respectively in those items:
前項の規定にかかわらず、この法律のうち次の各号に掲げる規定は、当該各号に定める日から施行する。
the provisions of Article 22, paragraphs (1) and (2), Article 23, paragraphs (1) and (2), and Article 24, paragraphs (1) and (2) of the Supplementary Provisions: March 1, 1989;
附則第二十二条第一項及び第二項、第二十三条第一項及び第二項並びに第二十四条第一項及び第二項の規定 平成元年三月一日
the provisions of Article 20, Article 21, Article 22, paragraph (3), Article 23, paragraphs (3) and (4), Article 24, paragraph (3), Article 25, paragraphs (2) through (4), Articles 27 through 29, Articles 31 through 45, and Article 46 (limited to the provision amending Article 24, paragraph (3), item (ii) of the Customs Act) of the Supplementary Provisions, Articles 48 through 51 and Article 52 (excluding the provision amending the Act on Collection, etc. of National Consumption Tax Imposed on Imported Goods by deleting Article 14 of that Act) of the Supplementary Provisions, and Articles 53 through 67 of the Supplementary Provisions: April 1, 1989.
附則第二十条、第二十一条、第二十二条第三項、第二十三条第三項及び第四項、第二十四条第三項、第二十五条第二項から第四項まで、第二十七条から第二十九条まで、第三十一条から第四十五条まで、第四十六条(関税法第二十四条第三項第二号の改正規定に限る。)、附則第四十八条から第五十一条まで、第五十二条(輸入品に対する内国消費税の徴収等に関する法律第十四条を削る改正規定を除く。)並びに附則第五十三条から第六十七条までの規定 平成元年四月一日
Supplementary Provisions, Article 2Transitional Measures Concerning Passenger Fares, etc.
第二条(旅客運賃等に関する経過措置)
In the case where passenger fares, admission fees for places where films or plays are held, or other consideration specified by Cabinet Order for taxable transfers, etc. of assets to unspecified and numerous persons have been received before April 1, 1989 (hereinafter referred to as the "application date"), and the taxable transfer, etc. of assets for which that consideration was received is made on or after the application date, consumption tax is not imposed on that taxable transfer, etc. of assets.
旅客運賃、映画又は演劇を催す場所への入場料金その他の不特定かつ多数の者に対する課税資産の譲渡等に係る対価で政令で定めるものを平成元年四月一日(以下「適用日」という。)前に領収している場合において、当該対価の領収に係る課税資産の譲渡等が適用日以後に行われるときは、当該課税資産の譲渡等については、消費税を課さない。
With respect to electricity, gas, tap water and telecommunications services (meaning the telecommunications services prescribed in Article 2, item (iii) (Definitions) of the Telecommunications Business Act (Act No. 86 of 1984)) that are supplied or provided under a contract promising continuous supply or provision and that have been supplied or provided continuously since before the application date, and other taxable transfers, etc. of assets specified by Cabinet Order, for which the right to receive payment of charges is fixed during the period from the application date to April 30, 1989 (for those for which the day on which the right to receive payment of charges is first fixed on or after the application date falls after the 30th day of that month (hereinafter in this paragraph referred to as "taxable transfers, etc. of assets by specified continuous supply"), the portion specified by Cabinet Order of those that have been fixed), the taxable transfers, etc. of assets relating to the charges so fixed (for taxable transfers, etc. of assets by specified continuous supply, limited to the portion of the charges so fixed that corresponds to the portion specified by Cabinet Order) are deemed to have been made on the day before the application date.
継続的に供給し、又は提供することを約する契約に基づき行う電気、ガス、水道水及び電気通信役務(電気通信事業法(昭和五十九年法律第八十六号)第二条第三号(定義)に規定する電気通信役務をいう。)で適用日前から継続して供給し、又は提供しているものの供給又は提供その他の政令で定める課税資産の譲渡等で適用日から平成元年四月三十日までの間に料金の支払を受ける権利が確定されるもの(適用日以後初めて料金の支払を受ける権利の確定される日が同月三十日後であるもの(以下この項において「特定継続供給等に係る課税資産の譲渡等」という。)にあつては、当該確定されたもののうち、政令で定める部分)については、当該確定された料金(特定継続供給等に係る課税資産の譲渡等にあつては、当該確定された料金のうち当該政令で定める部分に対応する部分に限る。)に係る課税資産の譲渡等は、適用日の前日に行われたものとみなす。
Where a business operator has received a transfer of assets relating to a taxable transfer, etc. of assets to which the provisions of paragraph (1) have been applied, or has received the provision of services relating to that taxable transfer, etc. of assets, it is deemed to have received that transfer of the assets, or to have received the provision of those services, before the application date.
Supplementary Provisions, Article 3Transitional Measures Concerning Contracts for Construction Work, etc.
第三条(工事の請負等に関する経過措置)
Where, under a contract for construction work (including manufacturing) concluded by a business operator before the date of enforcement of this Act (hereinafter referred to as the "Effective Date") (including a contract specified by Cabinet Order as similar to it), the business operator makes on or after the application date a taxable transfer, etc. of assets under that contract (excluding those that fall under transfers, etc. of assets set out in the items of Article 7, paragraph (1) and those for which consumption tax is exempted under the provisions of Article 8, paragraph (1) or other laws or treaties), consumption tax is not imposed on that taxable transfer, etc. of assets (if the amount of consideration under that contract is increased on or after the Effective Date, limited to the portion equivalent to the amount of consideration before that increase).
Where, under a contract concerning the lending of assets concluded by a business operator before the Effective Date, the business operator has been carrying out the lending of assets under that contract (excluding those that fall under transfers, etc. of assets set out in the items of Article 7, paragraph (1) and those for which consumption tax is exempted under the provisions of Article 8, paragraph (1) or other laws or treaties) continuously from before the application date and on or after the application date, and the content of that contract meets the requirements set out in items (i) and (ii) or items (i) and (iii), consumption tax is not imposed on that lending of assets; provided, however, that this does not apply to the lending of assets after the change where the amount of consideration for the lending of assets is changed on or after the Effective Date.
that the period of the lending of assets under that contract and the amount of consideration during that period are fixed;
当該契約に係る資産の貸付けの期間及び当該期間中の対価の額が定められていること。
that there is no provision allowing the business operator to request a change in the amount of consideration due to a change in circumstances or for any other reason;
事業者が事情の変更その他の理由により当該対価の額の変更を求めることができる旨の定めがないこと。
that the content of the contract concerning the consideration meets the requirements specified by Cabinet Order, such as that there is no provision allowing either or both of the parties to give notice of cancellation at any time during the contract period.
契約期間中に当事者の一方又は双方がいつでも解約の申入れをすることができる旨の定めがないことその他対価に関する契約の内容が政令で定める要件に該当していること。
Where, under a contract concerning the provision of services concluded by a business operator before the Effective Date, which by the nature of the contract does not allow the time of providing those services to be determined in advance and which is specified by Cabinet Order as a contract under which all or part of the consideration is paid in installments before the provision of the services, the business operator provides the services under that contract on or after the application date, and the content of that contract meets the following requirements, consumption tax is not imposed on that provision of services; provided, however, that this does not apply where the amount of consideration for the provision of the services is changed on or after the Effective Date.
that the amount of consideration for the provision of services under that contract is fixed;
当該契約に係る役務の提供の対価の額が定められていること。
that there is no provision allowing the business operator to request a change in the amount of consideration due to a change in circumstances or for any other reason.
事業者が事情の変更その他の理由により当該対価の額の変更を求めることができる旨の定めがないこと。
With respect to the application of Article 30, paragraph (2), (6) or (9), Article 32, paragraph (1) or (4), Article 38, paragraph (1), Article 39, paragraph (1), Article 43, paragraph (1) or Article 45, paragraph (1) to a business operator that has made a taxable transfer, etc. of assets to which the provisions of paragraph (1), the main clause of paragraph (2) or the main clause of the preceding paragraph apply, for the taxable period to which those provisions apply, the phrase "required solely for taxable transfers, etc. of assets" in Article 30, paragraph (2), item (i) is deemed to be replaced with "required solely for taxable transfers, etc. of assets (excluding those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply; hereinafter the same applies in this item)", the phrase "required commonly for taxable transfers, etc. of assets and other transfers, etc. of assets" in that item with "required commonly for taxable transfers, etc. of assets and other transfers, etc. of assets (including those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply; hereinafter the same applies in this item)", the phrase "transfers, etc. of assets made" in paragraph (6) of that Article with "transfers, etc. of assets made (excluding those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply)", the phrase "taxable transfers, etc. of assets made" in that paragraph with "taxable transfers, etc. of assets made (excluding those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply)", the phrase "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" in paragraph (9), item (i) of that Article with "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 and those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply", the phrase "taxable transfers, etc. of assets" in Article 32, paragraph (1), item (ii), (a) and paragraph (4), item (ii), (a) of that Article with "taxable transfers, etc. of assets (excluding those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply; hereinafter the same applies in this item)", the phrase "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" in Article 38, paragraph (1) and Article 39, paragraph (1) with "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 and those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply", and the phrase "those for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1) or other laws or treaties" in Article 43, paragraph (1) and Article 45, paragraph (1) with "those for which consumption tax is exempted under the provisions of Article 7, paragraph (1), Article 8, paragraph (1) or other laws or treaties and those to which the provisions of Article 3, paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) of the Supplementary Provisions apply".
第一項、第二項本文又は前項本文の規定の適用を受ける課税資産の譲渡等を行つた事業者のこれらの規定の適用を受ける課税期間に係る第三十条第二項、第六項若しくは第九項、第三十二条第一項若しくは第四項、第三十八条第一項、第三十九条第一項、第四十三条第一項又は第四十五条第一項の規定の適用については、第三十条第二項第一号中「課税資産の譲渡等にのみ要するもの」とあるのは「課税資産の譲渡等(附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを除く。以下この号において同じ。)にのみ要するもの」と、「その他の資産の譲渡等に共通して要するもの」とあるのは「その他の資産の譲渡等(附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを含む。以下この号において同じ。)に共通して要するもの」と、同条第六項中「行つた資産の譲渡等」とあるのは「行つた資産の譲渡等(附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを除く。)」と、「行つた課税資産の譲渡等」とあるのは「行つた課税資産の譲渡等(附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを除く。)」と、同条第九項第一号中「を除く」とあるのは「並びに附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを除く」と、第三十二条第一項第二号イ及び同条第四項第二号イ中「課税資産の譲渡等に」とあるのは「課税資産の譲渡等(附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを除く。以下この号において同じ。)に」と、第三十八条第一項及び第三十九条第一項中「免除されるものを除く」とあるのは「免除されるもの及び附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるものを除く」と、第四十三条第一項及び第四十五条第一項中「免除されるもの」とあるのは「免除されるもの及び附則第三条第一項、第二項本文又は第三項本文の規定の適用を受けるもの」とする。
If a business operator has acquired or leased, from a business operator to which paragraph (1), the main clause of paragraph (2) or the main clause of paragraph (3) has applied, assets relating to a taxable transfer, etc. of assets to which those provisions have applied, or has received the provision of services relating to that taxable transfer, etc. of assets, the business operator is deemed to have acquired or leased those assets, or received that provision of services, before the application date.
If a business operator has made a taxable transfer, etc. of assets to which paragraph (1) or the main clause of paragraph (2) has applied, the business operator is to notify the counterparty in writing that the taxable transfer, etc. of assets is one to which those provisions have applied.
Supplementary Provisions, Article 4Transitional Measures Concerning Permission for Tax-Free Shops
第四条(輸出物品販売場の許可に関する経過措置)
In the case where a business operator that, on the day preceding the application date, operates a tax-free shop for which it has received permission under Article 20, paragraph (6) (Special Provisions on Export Tax Exemption at Tax-Free Shops) of the Commodity Tax Act (Act No. 48 of 1962) prior to its abolition under Article 20 of the Supplementary Provisions intends to continue, on or after the application date, to be a business operator that operates a tax-free shop prescribed in Article 8, paragraph (1), if the business operator gives notification to that effect, as provided by Cabinet Order, to the district director having jurisdiction over its place for tax payment by the day preceding the application date, the tax-free shop is deemed to have received, on the application date, permission under paragraph (6) of that Article.
Supplementary Provisions, Article 5Transitional Measures Concerning Exemption from Tax Liability for Small-Scale Business Operators
第五条(小規模事業者に係る納税義務の免除に関する経過措置)
The taxable sales in the base period prescribed in Article 9, paragraph (1) (referred to as "taxable sales in the base period" in the following paragraph) are, if the first day of that base period is before the Effective Date, to be calculated under paragraphs (2) and (3) of that Article, on the assumption that this Act had been in effect from the first day of that base period.
If there are difficult circumstances in calculating the taxable sales in the base period under the preceding paragraph, then notwithstanding Article 9, paragraph (2), the amount calculated by multiplying by six the taxable sales for the period from January 1, 1989 to February 28, 1989 (meaning the balance remaining after deducting the total tax-exclusive refunds, etc. of consideration for sales prescribed in Article 9, paragraph (2) made during that period from the total amount of consideration (meaning the amount of consideration prescribed in Article 28, paragraph (1)) for taxable transfers, etc. of assets made in Japan during that period) may be treated as the taxable sales in the base period.
前項の規定により基準期間における課税売上高を計算することにつき困難な事情があるときは、第九条第二項の規定にかかわらず、昭和六十四年一月一日から平成元年二月二十八日までの期間における課税売上高(当該期間中に国内において行つた課税資産の譲渡等の対価の額(第二十八条第一項に規定する対価の額をいう。)の合計額から当該期間中に行つた第九条第二項に規定する売上げに係る税抜対価の返還等の金額の合計額を控除した残額をいう。)に六を乗じて計算した金額を基準期間における課税売上高とすることができる。
In the application of Article 9, paragraphs (4) and (6) to a case where a business operator has submitted the written notification prescribed in paragraph (4) of that Article to the district director having jurisdiction over its place for tax payment before the application date, the phrase "written notification" in paragraph (4) of that Article is deemed to be replaced with "written notification by March 31, 1989", the phrase "the taxable period following the taxable period that includes the day on which that submission was made (if the taxable period that includes the day on which that submission was made is the taxable period that includes the day on which the business operator commenced business or another taxable period specified by Cabinet Order, that taxable period)" in that paragraph is deemed to be replaced with "the taxable period that includes April 1, 1989", and the phrase "the following taxable period prescribed in that paragraph" in paragraph (6) of that Article is deemed to be replaced with "the taxable period that includes April 1, 1989".