第二十二条(合併があつた場合の納税義務の免除の特例)
Article 22Special Provisions on Exemption from Tax Liability in the Case of Merger
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (1) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year (meaning the remainder after deducting, from the total amount of consideration for taxable transfers, etc. of assets in Japan in each of those business years, the total of the amounts obtained by deducting the amount set out in item (ii) from the amount set out in item (i); the same applies hereinafter in this Article and the following Article) of the merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year that includes the day of the merger of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
the amount of refunds, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made in each business year (including the amount of refunds, etc. of consideration for export transactions, etc. prescribed in Article 19 made in each business year);
当該各事業年度において行つた法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(当該各事業年度において行つた第十九条に規定する輸出取引等に係る対価の返還等の金額を含む。)
the amount calculated by multiplying the consumption tax on refunds, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made in each business year by 100/78.
当該各事業年度において行つた法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に七十八分の百を乗じて算出した金額
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (2) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the merged corporation referred to in that paragraph that ended during the period from the first day of the base period of the business year of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve (where a merger took place during that base period, the amount calculated by dividing the amount so calculated by the total number of months in the business years included in that base period and multiplying the result by the number of months in the period from the first day of that base period to the day preceding the day of that merger).
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (3) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of the merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year that includes the day of the merger of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve.
The amount calculated as specified by Cabinet Order prescribed in Article 11, paragraph (4) of the Act is to be the amount calculated by dividing the total amount of the taxable sales in each business year of each merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year of the merging corporation referred to in that paragraph to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by the number of months in the period from the day preceding the day two years before the first day of the business year of that merging corporation to the day preceding the day of the merger.
The cases specified by Cabinet Order prescribed in Article 11, paragraph (4) of the Act are the cases where the total number of months in the business years included in the base period of the business year of the merging corporation referred to in that paragraph exceeds the number of months in the period from the day of the merger to the day preceding the day one year before the day preceding the first day of the business year of that merging corporation.
The amount specified by Cabinet Order prescribed in Article 11, paragraph (4) of the Act is to be, according to the category of cases set out in the following items, the amount specified in the relevant item:
法第十一条第四項に規定する政令で定める金額は、次の各号に掲げる場合の区分に応じ当該各号に定める金額とする。
Where there are no taxable sales in the base period of the business year of the merging corporation referred to in Article 11, paragraph (4) of the Act: the total of the amounts calculated by dividing the total amount of the taxable sales in each business year of each merged corporation referred to in that paragraph that ended during the period from the day preceding the day two years before the first day of the business year of that merging corporation to the day on which one year has elapsed from that day by the total number of months in those business years and multiplying the result by twelve;
Where the case falls under the case prescribed in the preceding paragraph: the total of the amount calculated by dividing the taxable sales in the base period of the business year of the merging corporation referred to in Article 11, paragraph (4) of the Act (meaning the taxable sales in the base period of the business year prescribed in that paragraph) by the total number of months in the business years included in that base period and multiplying the result by the number of months in the period prescribed in the preceding paragraph, and the amount calculated pursuant to the provisions of paragraph (4).
The number of months in the preceding paragraphs is to be calculated according to the calendar, and where a fraction of less than one month arises, it is to be counted as one month.
前各項の月数は、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。
定義第十九条第一項・この条及び第二十二条及び第二十三条及び第二十五条の四第一項の中だけ
法第二十八条第一項に規定する対価の額
わかりやすく言うと
消費税法第二十八条第一項に定める対価の額で、取引の対価として受け取った、又は受け取るべき金銭や、金銭以外の物、権利その他の経済的な利益の額のことです。その取引に課される消費税と地方消費税に当たる額は含みません。
略称規定第十九条第一項・この条の中だけ
事業者が、基準期間において、法第七条第一項、法第八条第一項その他の法律又は条約の規定により消費税が免除される課税資産の譲渡等(特定資産の譲渡等に該当するものを除く。次条から第二十五条の四までにおいて同じ。)につき、返品を受け…
わかりやすく言うと
基準期間に行った、輸出取引など法律や条約で消費税が免除される課税資産の譲渡等(特定資産の譲渡等を除きます)について、返品・値引き・割戻しにより対価の全部又は一部を返したり、売掛金などの債権の額を減らしたりすることです。
定義第二十二条第一項・この条及び第二十三条の中だけ
当該各事業年度の国内における課税資産の譲渡等の対価の額の合計額から、第一号に掲げる金額から第二号に掲げる金額を控除した金額の合計額を控除した残額
わかりやすく言うと
被合併法人の各事業年度に国内で行った課税資産の譲渡等の対価の額の合計から、売上げに係る対価の返還等の金額(輸出取引等のものを含みます)からその消費税額に七十八分の百を掛けた額を引いた金額の合計を差し引いた残りの額のことです。