Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Act comes into effect on January 1, 1995; provided, however, that the provisions of Article 3 and Articles 7 through 24 and Article 28 of the Supplementary Provisions come into effect on April 1, 1997.
この法律は、平成七年一月一日から施行する。ただし、第三条の規定並びに附則第七条から第二十四条まで及び第二十八条の規定は、平成九年四月一日から施行する。
Supplementary Provisions, Article 7Principles of Transitional Measures Accompanying the Partial Amendment of the Consumption Tax Act
第七条(消費税法の一部改正に伴う経過措置の原則)
Except as otherwise provided in these Supplementary Provisions, the provisions of the Consumption Tax Act after the amendment by the provisions of Article 3 (hereinafter referred to as the "New Consumption Tax Act") apply to consumption tax on transfers, etc. of assets made by a business operator in Japan on or after April 1, 1997 (hereinafter referred to as the "application date"), on taxable purchases made by a business operator in Japan on or after the application date, and on foreign goods taken out of a bonded area on or after the application date, and the provisions then in force continue to govern consumption tax on transfers, etc. of assets made by a business operator in Japan before the application date, on taxable purchases made by a business operator in Japan before the application date, and on foreign goods taken out of a bonded area before the application date.
Supplementary Provisions, Article 8Transitional Measures Concerning Exemption from Tax Liability for Small-Scale Business Operators
第八条(小規模事業者に係る納税義務の免除に関する経過措置)
Where a business operator has made, during the base period prescribed in Article 2, paragraph (1), item (xiv) of the Consumption Tax Act, a refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) (Deduction of Consumption Tax in the Case of Making a Refund, etc. of Consideration for Sales) of the New Consumption Tax Act with respect to a taxable transfer, etc. of assets (meaning a taxable transfer, etc. of assets prescribed in Article 2, paragraph (1), item (ix) (Definitions) of the Consumption Tax Act; the same applies hereinafter) made in Japan before the application date, the provisions then in force continue to govern the calculation of the taxable sales in the base period prescribed in Article 9, paragraph (1) (Exemption from Tax Liability for Small-Scale Business Operators), Article 11, paragraph (4) (Special Provisions on Exemption from Tax Liability in the Case of Merger) or Article 12, paragraph (2) (Special Provisions on Exemption from Tax Liability in the Case of a Company Split) of the New Consumption Tax Act relating to that refund, etc. of consideration for sales.
事業者が、適用日前に国内において行った課税資産の譲渡等(消費税法第二条第一項第九号(定義)に規定する課税資産の譲渡等をいう。以下同じ。)につき、同項第十四号に規定する基準期間中に新消費税法第三十八条第一項(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)に規定する売上げに係る対価の返還等をした場合には、当該売上げに係る対価の返還等に係る新消費税法第九条第一項(小規模事業者に係る納税義務の免除)、第十一条第四項(合併があった場合の納税義務の免除の特例)又は第十二条第二項(分割があった場合の納税義務の免除の特例)に規定する基準期間における課税売上高の計算については、なお従前の例による。
Supplementary Provisions, Article 9Transitional Measures Concerning Special Provisions on Exemption from Tax Liability for Corporations Without a Base Period
第九条(基準期間がない法人の納税義務の免除の特例に関する経過措置)
The provisions of Article 12-2 (Special Provisions on Exemption from Tax Liability of Corporations Without a Base Period) of the New Consumption Tax Act apply to a business operator that comes to fall under a newly established corporation prescribed in that Article on or after the application date.
Supplementary Provisions, Article 10Transitional Measures Concerning Tax Rates, etc. for Passenger Fares, etc.
第十条(旅客運賃等の税率等に関する経過措置)
If a business operator has received, before the application date, payment of passenger fares, admission fees to places where films or theatrical performances are held, or any other consideration specified by Cabinet Order for taxable transfers, etc. of assets to an unspecified and large number of persons, and makes, on or after the application date, the taxable transfer, etc. of assets for which that consideration was received, the consumption tax on that taxable transfer, etc. of assets is at the rate prescribed in Article 29 (Tax Rates) of the Consumption Tax Act prior to the amendment by the provisions of Article 3 (hereinafter referred to as the "Former Consumption Tax Act").
With regard to the supply or provision of electricity, gas, tap water and telecommunications services (meaning telecommunications services prescribed in Article 2, item (iii) (Definitions) of the Telecommunications Business Act (Act No. 86 of 1984)) that a business operator supplies or provides under a contract committing it to supply or provide them continuously and that have been continuously supplied or provided since before the application date, or any other taxable transfer, etc. of assets specified by Cabinet Order, in each case where the right to receive payment of the charge becomes fixed during the period from the application date to April 30, 1997 (for one for which the first day on or after the application date on which the right to receive payment of the charge becomes fixed is after April 30, 1997 (referred to as a "taxable transfer, etc. of assets by specified continuous supply" in this paragraph), the portion of the fixed charges specified by Cabinet Order), the consumption tax on the taxable transfer, etc. of assets relating to the fixed charge (for a taxable transfer, etc. of assets by specified continuous supply, limited to the portion of the fixed charge that corresponds to the portion so specified by Cabinet Order) is at the rate prescribed in Article 29 of the Former Consumption Tax Act.
事業者が継続的に供給し、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九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するもの(適用日以後初めて料金の支払を受ける権利が確定す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。)にあっては、当該確定したもののうち、政令で定める部分)の当該確定した料金(特定継続供給等に係る課税資産の譲渡等にあっては、当該確定し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に係る消費税については、旧消費税法第二十九条に規定する税率による。
If a business operator makes, on or after the application date, a taxable transfer, etc. of assets relating to a contract for the undertaking of construction (including manufacture) (including a contract similar thereto specified by Cabinet Order) concluded during the period from December 30, 1988 to the day preceding October 1, 1996 (hereinafter referred to as the "designated day"), the consumption tax on that taxable transfer, etc. of assets (if the amount of consideration under that contract has been increased on or after the designated day, limited to the portion corresponding to the amount of consideration before the increase) is at the rate prescribed in Article 29 of the Former Consumption Tax Act.
If a business operator, under a contract concluded during the period from December 30, 1988 to the day preceding the designated day relating to the lending of assets, has been lending the assets under that contract continuously from before the application date through and after the application date, and the terms of that contract satisfy the requirements set forth in items (i) and (ii), or in items (i) and (iii), the consumption tax on the lending of those assets made on or after the application date is at the rate prescribed in Article 29 of the Former Consumption Tax Act; provided, however, that this does not apply to the lending of those assets after the change if the amount of consideration for the lending of those assets was changed on or after the designated day.
The period of the lending of assets under the contract and the amount of consideration during that period are specified;
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。
There is no provision that enables the business operator to request a change in the amount of consideration owing 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。
There is no provision that enables one or both of the parties to give notice of cancellation at any time during the contract period, and the terms of the contract relating to consideration otherwise satisfy the requirements specified by Cabinet Order.
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。
If a business operator provides, on or after the application date, services relating to a contract for the provision of services concluded during the period from December 30, 1988 to the day preceding the designated day, being a contract whose time of provision of the services cannot be determined in advance owing to the nature of the contract and that is specified by Cabinet Order as a contract under which all or part of the consideration is paid in installments prior to the provision of the services, and the terms of the contract satisfy the following requirements, the consumption tax on the provision of those services is at the rate prescribed in Article 29 of the Former Consumption Tax Act; provided, however, that this does not apply if the amount of consideration for the provision of those services was changed on or after the designated day.
The amount of consideration for the provision of services under the contract is specified;
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。
There is no provision that enables the business operator to request a change in the amount of consideration owing 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。
In the application of Article 38, paragraph (1) (Deduction of Amount of Consumption Tax When Refunds, etc. of Consideration for Sales Are Made) and Article 39, paragraph (1) (Deduction, etc. of Amount of Consumption Tax Relating to Bad Debts) of the New Consumption Tax Act to a taxable transfer, etc. of assets to which paragraphs (1) through (3), the main clause of paragraph (4) or the main clause of the preceding paragraph applies, the phrase "5/100" in Article 38, paragraph (1) of the New Consumption Tax Act is deemed to be replaced with "3/100" and "4/105" with "3/103", and the phrase "4/105" in Article 39, paragraph (1) of the New Consumption Tax Act is deemed to be replaced with "3/103".
第一項から第三項まで、第四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に係る新消費税法第三十八条第一項(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)及び第三十九条第一項(貸倒れに係る消費税額の控除等)の規定の適用については、新消費税法第三十八条第一項中「百分の五」とあるのは「百分の三」と、「百五分の四」とあるのは「百三分の三」と、新消費税法第三十九条第一項中「百五分の四」とあるのは「百三分の三」とする。
In the application of Article 30, paragraph (1) (Deduction of Amount of Consumption Tax on Purchases), Article 32, paragraph (1) (Special Provisions on Deduction of Amount of Consumption Tax on Purchases When Refunds, etc. of Consideration for Purchases Are Received) and Article 36, paragraph (1) (Adjustment of Amount of Consumption Tax on Inventory When Exemption from Tax Liability Ceases to Apply, etc.) of the New Consumption Tax Act where a business operator has acquired or leased, from a business operator to which paragraphs (1) through (3), the main clause of paragraph (4) or the main clause of paragraph (5) 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 phrase "4/105" in those provisions is deemed to be replaced with "3/103".
事業者が第一項から第三項まで、第四項本文又は第五項本文の規定の適用を受けた事業者からこれらの規定の適用を受けた課税資産の譲渡等に係る資産を譲り受け、若しくは借り受け、又は当該課税資産の譲渡等に係る役務の提供を受けた場合における新消費税法第三十条第一項(仕入れに係る消費税額の控除)、第三十二条第一項(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)及び第三十六条第一項(納税義務の免除を受けないこととなった場合等の棚卸資産に係る消費税額の調整)の規定の適用については、これらの規定中「百五分の四」とあるのは、「百三分の三」とする。
If a business operator has made a taxable transfer, etc. of assets to which paragraph (3) or the main clause of paragraph (4) 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 11Transitional Measures Concerning Tax Rates, etc. in the Case of Application of the Special Provisions on the Time of Transfer, etc. of Assets Relating to Instalment Sales or Similar Transactions
第十一条(割賦販売等に係る資産の譲渡等の時期の特例を受ける場合における税率等に関する経過措置)
If a business operator has applied Article 15, paragraph (1) (Special Provisions on the Time of Transfer, etc. of Assets Relating to Instalment Sales or Similar Transactions) of the Consumption Tax Act to an instalment sale or similar transaction of inventory or services prescribed in that paragraph conducted before the application date, and there are installments of that instalment sale or similar transaction whose payment due dates arrive on or after the application date, the consumption tax on the taxable transfer, etc. of assets relating to the portion corresponding to those installments is at the rate prescribed in Article 29 (Tax Rates) of the Former Consumption Tax Act.
The provisions of paragraph (6) of the preceding Article apply mutatis mutandis to the case where the preceding paragraph applies.
Supplementary Provisions, Article 12Transitional Measures Concerning Tax Rates, etc. in the Case of Application of the Special Provisions on the Time of Transfer, etc. of Assets Relating to Sales on Deferred Payment Terms
第十二条(延払条件付販売等に係る資産の譲渡等の時期の特例を受ける場合における税率等に関する経過措置)
If a business operator has applied Article 16, paragraph (1) (Special Provisions on the Time of Transfer, etc. of Assets Relating to Sales on Deferred Payment Terms) of the Consumption Tax Act to a sale on deferred payment terms prescribed in that paragraph conducted before the application date, and there are installments of that sale on deferred payment terms whose payment due dates arrive on or after the application date, the consumption tax on the taxable transfer, etc. of assets relating to the portion corresponding to those installments is at the rate prescribed in Article 29 (Tax Rates) of the Former Consumption Tax Act.
The provisions of Article 10, paragraph (6) of the Supplementary Provisions apply mutatis mutandis to the case where the preceding paragraph applies.
Supplementary Provisions, Article 13Transitional Measures Concerning Tax Rates, etc. in the Case of Application of the Special Provisions on the Time of Transfer, etc. of Assets Relating to Contracts for Long-Term Construction
第十三条(長期工事の請負に係る資産の譲渡等の時期の特例を受ける場合における税率等に関する経過措置)
If a business operator, under a contract for the undertaking of long-term construction prescribed in Article 17, paragraph (1) (Special Provisions on the Time of Transfer, etc. of Assets Relating to Contracts for Long-Term Construction) of the Consumption Tax Act concluded during the period from the designated day to the day preceding the application date, delivers the subject matter of the contract on or after the application date, and there is, with respect to the amount of consideration for that long-term construction, an amount accounted for by the percentage-of-completion method prescribed in that paragraph in the year or business year that includes the application date or an earlier year or business year, and the business operator applies that paragraph, the consumption tax on the taxable transfer, etc. of assets relating to the portion of the subject matter of that long-term construction that relates to the amount calculated, as provided by Cabinet Order, as the amount of consideration for the part corresponding to the period from the day on which that long-term construction was commenced to the day preceding the application date is at the rate prescribed in Article 29 (Tax Rates) of the Former Consumption Tax Act.
事業者が、指定日から適用日の前日までの間に締結した消費税法第十七条第一項(長期工事の請負に係る資産の譲渡等の時期の特例)に規定する長期工事の請負に係る契約に基づき、適用日以後に当該契約に係る目的物の引渡しを行う場合において、当該長期工事に係る対価の額につき、適用日の属する年又は事業年度以前の年又は事業年度において同項に規定する工事進行基準の方法により経理した金額があり、かつ、同項の規定の適用を受けるときは、当該長期工事の目的物のうち当該長期工事の着手の日から適用日の前日までの期間に対応する部分の対価の額として政令で定めるところにより計算した金額に係る部分の課税資産の譲渡等に係る消費税については、旧消費税法第二十九条(税率)に規定する税率による。
The provisions of Article 10, paragraph (6) of the Supplementary Provisions apply mutatis mutandis to the case where the preceding paragraph applies.
The provisions of Article 10, paragraph (7) of the Supplementary Provisions apply mutatis mutandis to the case where a business operator has taken delivery, from a business operator to which paragraph (1) has applied, of subject matter to which that paragraph has applied (limited to the portion of the amount of consideration for the subject matter so delivered that relates to the amount to which that paragraph applied).
If a business operator has delivered subject matter to which paragraph (1) has applied, the business operator is to notify the counterparty in writing that the delivery of the subject matter is one to which that paragraph has applied, and of the amount of consideration for the portion to which that paragraph has applied.