Act on Special Measures Concerning Taxation

Where a business operator (meaning a business operator prescribed in Article 2, paragraph (1), item (iv) of the Consumption Tax Act; the same applies hereinafter in this Article and paragraph (1) of the following Article) that is a victim of an extraordinary disaster designated as a specified extraordinary Disaster pursuant to the provisions of Article 2, paragraph (1) of the Act on Special Measures concerning Preservation of Rights and Interests of Victims of Specified Disaster (referred to as a "specified extraordinary Disaster" in this Article) (referred to as a "disaster-affected business operator" in this Article) and that seeks to be subject to the provisions of Article 9, paragraph (4) of the Consumption Tax Act for the taxable periods on or after the taxable period that includes the date of damage (meaning the day on which the business operator became a disaster-affected business operator; the same applies hereinafter in this Article) files the written notification under the provisions of that paragraph with the district director having jurisdiction over its place for tax payment by the day separately specified by the Commissioner of the National Tax Agency in consideration of the situation of that specified extraordinary Disaster and the situation of the extension of time limits for filing returns under the provisions of Article 11 of the Act on General Rules for National Taxes in relation to that specified extraordinary Disaster (referred to as the "designated day" in this Article), the provisions of that paragraph apply by deeming that written notification to have been filed with that district director on the day before the first day of the taxable period for which the business operator seeks to be subject to the provisions of that paragraph (or, where that taxable period is the taxable period that includes the day on which the business operator commenced the business as prescribed in that paragraph or any other taxable period specified by Cabinet Order, and that written notification is filed on or after the day following the last day of that taxable period, on the last day of that taxable period).

In the case where a business operator that has filed the written notification under the provisions of Article 9, paragraph (4) of the Consumption Tax Act becomes a disaster-affected business operator, or where a disaster-affected business operator files that written notification by the designated day, the provisions of paragraphs (6) and (7) of that Article do not apply to the filing of the written notification under the provisions of paragraph (5) of that Article for the taxable periods of those business operators on or after the taxable period that includes the date of damage (limited to taxable periods for which the obligation to pay consumption tax is not to be exempted due to the filing of that written notification).

Where a disaster-affected business operator that seeks to cease to be subject to the provisions of Article 9, paragraph (4) of the Consumption Tax Act for the taxable periods on or after the taxable period that includes the date of damage files the written notification under the provisions of paragraph (5) of that Article with the district director having jurisdiction over its place for tax payment by the designated day, the provisions of paragraph (8) of that Article apply by deeming that written notification to have been filed with that district director on the day before the first day of the taxable period for which it seeks to cease to be subject to the provisions of paragraph (4) of that Article.

In the case where a newly established corporation prescribed in Article 12-2, paragraph (1) of the Consumption Tax Act or a specified newly established corporation prescribed in Article 12-3, paragraph (1) of that Act has become a disaster-affected business operator (where that newly established corporation or specified newly established corporation is not a person to whom the provisions of Article 11 of the Act on General Rules for National Taxes have been applied in relation to the specified extraordinary Disaster, limited to the case where it has filed a written notification stating that it seeks to be subject to the provisions of this paragraph and other matters specified by Order of the Ministry of Finance with the district director having jurisdiction over its place for tax payment by the end of the business year that is the last of the business years with no base period prescribed in Article 12-2, paragraph (2) or Article 12-3, paragraph (3) of the Consumption Tax Act, or by the designated day, whichever is later), the provisions of Article 12-2, paragraph (2) of that Act (including as applied mutatis mutandis pursuant to Article 12-3, paragraph (3) of that Act) do not apply to the taxable periods on or after the taxable period that includes the date of damage pertaining to that disaster-affected business operator.

In the case where a disaster-affected business operator fell under the case of acquiring a high-value specified asset, etc. (meaning the case of acquiring a high-value specified asset, etc. prescribed in Article 12-4, paragraph (1) of the Consumption Tax Act; the same applies hereinafter in this paragraph and paragraph (8)) before the date of damage (where that disaster-affected business operator is not a person to whom the provisions of Article 11 of the Act on General Rules for National Taxes have been applied in relation to the specified extraordinary Disaster, limited to the case where it has filed a written notification stating that it seeks to be subject to the provisions of this paragraph and other matters specified by Order of the Ministry of Finance with the district director having jurisdiction over its place for tax payment by the last day of the taxable period that includes the date of acquiring the high-value specified asset, etc. (meaning the day specified in each item of Article 12-4, paragraph (1) of the Consumption Tax Act in accordance with the category listed in that item; the same applies hereinafter in this paragraph) in the case it so fell under, or by the designated day, whichever is later), or has come to fall under the case of acquiring a high-value specified asset, etc. during the period from the date of damage to the last day of the taxable period that includes the day on which two years have elapsed from the designated day (where that disaster-affected business operator is not a person to whom the provisions of Article 11 of the Act on General Rules for National Taxes have been applied in relation to the specified extraordinary Disaster, limited to the case where it has filed a written notification stating that it seeks to be subject to the provisions of this paragraph and other matters specified by Order of the Ministry of Finance with the district director having jurisdiction over its place for tax payment by the last day of the taxable period that includes the date of acquiring the high-value specified asset, etc. in the case it has so come to fall under, or by the designated day, whichever is later), the provisions of Article 12-4, paragraph (1) of the Consumption Tax Act do not apply to the taxable periods of that disaster-affected business operator on or after the taxable period that includes the date of damage (limited to taxable periods for which the obligation to pay consumption tax is not to be exempted because it falls under the case of acquiring that high-value specified asset, etc.).

In the case where, before the date of damage, a disaster-affected business operator has become subject to the provisions of Article 36, paragraph (1) or paragraph (3) of the Consumption Tax Act with regard to inventory assets prescribed in Article 2, paragraph (1), item (xv) of that Act or taxable goods (meaning taxable goods prescribed in item (xi) of that paragraph; the same applies in the following Article) that are high-value specified assets prescribed in Article 12-4, paragraph (1) of that Act, or an adjustment-target self-constructed high-value asset prescribed in Article 12-4, paragraph (2) of that Act (referred to as the "case of becoming subject to the inventory adjustment for high-value specified assets, etc." in this paragraph and paragraph (9)) (where that disaster-affected business operator is not a person to whom the provisions of Article 11 of the Act on General Rules for National Taxes have been applied in relation to the specified extraordinary Disaster, limited to the case where it has filed a written notification stating that it seeks to be subject to the provisions of this paragraph and other matters specified by Order of the Ministry of Finance with the district director having jurisdiction over its place for tax payment by the last day of the taxable period that includes the day on which it came to fall under the case of becoming subject to the inventory adjustment for high-value specified assets, etc., or by the designated day, whichever is later), or has come to fall under the case of becoming subject to the inventory adjustment for high-value specified assets, etc. during the period from the date of damage to the last day of the taxable period that includes the day on which two years have elapsed from the designated day (where that disaster-affected business operator is not a person to whom the provisions of Article 11 of the Act on General Rules for National Taxes have been applied in relation to the specified extraordinary Disaster, limited to the case where it has filed a written notification stating that it seeks to be subject to the provisions of this paragraph and other matters specified by Order of the Ministry of Finance with the district director having jurisdiction over its place for tax payment by the last day of the taxable period that includes the day on which it has so come to fall under it, or by the designated day, whichever is later), the provisions of Article 12-4, paragraph (2) of the Consumption Tax Act do not apply to the taxable periods of that disaster-affected business operator on or after the taxable period that includes the date of damage (limited to taxable periods for which the obligation to pay consumption tax is not to be exempted because it falls under the case of becoming subject to that inventory adjustment for high-value specified assets, etc.).

In the case where a newly established corporation prescribed in Article 12-2, paragraph (1) of the Consumption Tax Act or a specified newly established corporation prescribed in Article 12-3, paragraph (1) of that Act has become a disaster-affected business operator, the provisions of Article 37, paragraph (3) of that Act (limited to the part pertaining to item (ii)) do not apply to the filing of the written notification under the provisions of paragraph (1) of that Article for the taxable periods of that disaster-affected business operator on or after the taxable period that includes the date of damage.

In the case where a disaster-affected business operator fell under the case of acquiring a high-value specified asset, etc. before the date of damage, or has come to fall under the case of acquiring a high-value specified asset, etc. during the period from the date of damage to the last day of the taxable period that includes the day on which two years have elapsed from the designated day, the provisions of Article 37, paragraph (3) of the Consumption Tax Act (limited to the part pertaining to item (iii)) do not apply to the filing of the written notification under the provisions of paragraph (1) of that Article for the taxable periods of that disaster-affected business operator on or after the taxable period that includes the date of damage (limited to taxable periods for which it is unable to be subject to the provisions of Article 37, paragraph (1) of that Act because it falls under the case of acquiring that high-value specified asset, etc.).

In the case where a disaster-affected business operator fell under the case of becoming subject to the inventory adjustment for high-value specified assets, etc. before the date of damage, or has come to fall under the case of becoming subject to the inventory adjustment for high-value specified assets, etc. during the period from the date of damage to the last day of the taxable period that includes the day on which two years have elapsed from the designated day, the provisions of Article 37, paragraph (3) of the Consumption Tax Act (limited to the part pertaining to item (iv)) do not apply to the filing of the written notification under the provisions of paragraph (1) of that Article for the taxable periods of that disaster-affected business operator on or after the taxable period that includes the date of damage (limited to taxable periods for which it is unable to be subject to the provisions of Article 37, paragraph (1) of that Act because it falls under the case of becoming subject to that inventory adjustment for high-value specified assets, etc.).

Where a disaster-affected business operator that seeks to be subject to the provisions of Article 37, paragraph (1) of the Consumption Tax Act for the taxable periods on or after the taxable period that includes the date of damage files the written notification under the provisions of that paragraph with the district director having jurisdiction over its place for tax payment by the designated day, the provisions of that paragraph apply by deeming that written notification to have been filed with that district director on the day before the first day of the taxable period for which it seeks to be subject to the provisions of that paragraph (or, where that taxable period is the taxable period that includes the day on which the business operator commenced the business as prescribed in that paragraph or any other taxable period specified by Cabinet Order, and that written notification is filed on or after the day following the last day of that taxable period, on the last day of that taxable period).

In the case where a business operator that has filed the written notification under the provisions of Article 37, paragraph (1) of the Consumption Tax Act becomes a disaster-affected business operator, or where a disaster-affected business operator files that written notification by the designated day, the provisions of paragraph (6) of that Article do not apply to the filing of the written notification under the provisions of paragraph (5) of that Article for the taxable periods of those business operators on or after the taxable period that includes the date of damage (limited to taxable periods for which they are to be subject to the provisions of paragraph (1) of that Article due to the filing of that written notification).

Where a disaster-affected business operator that seeks to cease to be subject to the provisions of Article 37, paragraph (1) of the Consumption Tax Act for the taxable periods on or after the taxable period that includes the date of damage files the written notification under the provisions of paragraph (5) of that Article with the district director having jurisdiction over its place for tax payment by the designated day, the provisions of paragraph (7) of that Article apply by deeming that written notification to have been filed with that district director on the day before the first day of the taxable period for which it seeks to cease to be subject to the provisions of paragraph (1) of that Article.

Where a qualified invoice issuer that is a disaster-affected business operator (meaning a qualified invoice issuer prescribed in Article 2, paragraph (1), item (vii)-2 of the Consumption Tax Act, limited to one whose taxable sales in the base period prescribed in Article 9, paragraph (1) of that Act for the taxable period are 10,000,000 yen or less; the same applies hereinafter in this paragraph and the following paragraph) has filed the written notification under the provisions of Article 57-2, paragraph (10), item (i) of that Act with the district director having jurisdiction over its place for tax payment by the designated day, the registration referred to in paragraph (1) of that Article ceases to be effective on the day following the day of that filing. In this case, with regard to the application of the provisions of Article 9, paragraph (1) and Article 15, paragraph (6) of that Act for the taxable period of that qualified invoice issuer that includes the day of that filing, the phrase "10,000,000 yen or less (excluding a qualified invoice issuer)" in Article 9, paragraph (1) of that Act is deemed to be replaced with "10,000,000 yen or less", and, in Article 15, paragraph (6) of that Act, the phrase "is a qualified invoice issuer on the first day of that taxable period or is a business operator" is deemed to be replaced with "is a business operator", and the phrase "若しくは" (or, joining a smaller group of alternatives) with "又は" (or).

The provisions of the preceding paragraph apply mutatis mutandis to the case where a qualified invoice issuer that is a disaster-affected business operator has filed the written notification referred to in paragraph (3). In this case, the phrase "under the provisions of Article 57-2, paragraph (10), item (i) of that Act" in the preceding paragraph is deemed to be replaced with "referred to in paragraph (3)"; the phrase "on the day following" with "on that day, the written notification under the provisions of Article 57-2, paragraph (10), item (i) of that Act is deemed to have been filed with the district director having jurisdiction over its place for tax payment, and on the day following that day"; and the phrase "of that filing" with "of the filing of the written notification referred to in paragraph (3)".

The provisions of Article 57-2, paragraph (11) of the Consumption Tax Act apply mutatis mutandis when the registration referred to in paragraph (1) of that Article has ceased to be effective pursuant to the provisions of paragraph (13) (including as applied mutatis mutandis pursuant to the preceding paragraph). In this case, the phrase "has rescinded a registration pursuant to the provisions of paragraph (6), or ... pursuant to the provisions of the preceding paragraph" in paragraph (11) of that Article is deemed to be replaced with "... pursuant to the provisions of Article 86-5, paragraph (13) of the Act on Special Measures Concerning Taxation (Act No. 26 of 1957) (including as applied mutatis mutandis pursuant to paragraph (14) of that Article) (Special Provisions on Notification, etc. to the Effect of Choosing Not to Be Subject to the Provisions on Exemption from Tax Liability)", and the phrase "has been rescinded or its" with "its".

Where a disaster-affected business operator that has filed the written notification referred to in paragraph (10) or paragraph (12) has, before that filing, filed a return stating the matters listed in the items of Article 43, paragraph (1) of the Consumption Tax Act, the application of those provisions in that case and other necessary matters concerning the application of the provisions of the preceding paragraphs are specified by Cabinet Order.