The competent regional commissioner may request a business operator (including a corporation established under a special Act) or a public agency that becomes a counterparty to specified transactions or that provides a venue for specified transactions (hereinafter referred to as a "specified business operator, etc." in this Article) to report specified matters concerning specified transaction parties, with the scope of the specified transaction parties set, by a day determined within a period not exceeding 60 days by taking into consideration the number of days normally required for the preparation thereof.
The disposition under the provisions of the preceding paragraph may be made only when it is necessary for an examination concerning national tax and any of the following items applies:
where, in past examinations concerning national tax of persons who conduct transactions of the same type as the specified transactions conducted by the specified transaction parties, it has been found, with regard to more than half of the persons whose tax basis for a specified tax item, such as the amount of income pertaining to those transactions, exceeds 10 million yen, that a reassessment or determination, etc. (including a notice of tax payment under the provisions of Article 36, paragraph (1) (limited to the part pertaining to item (ii)) (Notice of Tax Payment)) should be made with regard to the tax basis, etc. or tax amount, etc. of that tax item pertaining to those transactions;
where it is presumed that the specified transaction parties will, by using the goods or services pertaining to the specified transactions they conduct, cause facts that violate the provisions of the national tax laws with regard to the tax basis, etc. or tax amount, etc. of a specified tax item; or
where, because the form of the specified transactions conducted by the specified transaction parties is an unreasonable one that would not normally be adopted from the viewpoint of economic necessity, it is presumed that the specified transaction parties will cause facts that violate the provisions of the national tax laws with regard to the tax basis, etc. or tax amount, etc. of a specified tax item pertaining to those specified transactions.
In this Article, the meanings of the terms listed in the following items are as prescribed respectively in those items:
この条において、次の各号に掲げる用語の意義は、当該各号に定めるところによる。
competent regional commissioner: the regional commissioner having jurisdiction over the location of the domicile or residence of the specified business operator, etc.;
所轄国税局長 特定事業者等の住所又は居所の所在地を所轄する国税局長をいう。
specified transaction: of transactions with a business operator, etc. (meaning a business operator (including a corporation established under a special Act) or a public agency; the same applies hereinafter in this item) conducted by using an electronic data processing system, transactions conducted by using a venue that a business operator, etc. provides by using an electronic data processing system, and other transactions, a transaction for which it is difficult to identify the persons conducting it without a disposition under the provisions of paragraph (1);
特定取引 電子情報処理組織を使用して行われる事業者等(事業者(特別の法律により設立された法人を含む。)又は官公署をいう。以下この号において同じ。)との取引、事業者等が電子情報処理組織を使用して提供する場を利用して行われる取引その他の取引のうち第一項の規定による処分によらなければこれらの取引を行う者を特定することが困難である取引をいう。
specified transaction party: a person who conducts specified transactions (excluding a specified business operator, etc., and, where the case listed in item (i) of the preceding paragraph applies, limited to a person who conducts the specified transactions referred to in that item exceeding the transaction amount that could give rise to a tax basis of 10 million yen for a specified tax item);
specified matters: the following matters:
特定事項 次に掲げる事項をいう。
name (or, for a corporation, its name);
氏名(法人については、名称)
domicile or residence;
住所又は居所
identification number (meaning an individual number prescribed in Article 2, paragraph (5) (Definitions) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013) (referred to as an "individual number" in Article 124 (Statement of Name, Address and Identification Number of Persons Submitting Documents)) or a corporate number prescribed in Article 2, paragraph (16) of that Act; the same applies hereinafter).
番号(行政手続における特定の個人を識別するための番号の利用等に関する法律(平成二十五年法律第二十七号)第二条第五項(定義)に規定する個人番号(第百二十四条(書類提出者の氏名、住所及び番号の記載)において「個人番号」という。)又は同法第二条第十六項に規定する法人番号をいう。以下同じ。)
When the competent regional commissioner intends to make a disposition under the provisions of paragraph (1), the competent regional commissioner must obtain the approval of the Commissioner of the National Tax Agency in advance.
A disposition under the provisions of paragraph (1) is made by the competent regional commissioner notifying the specified business operator, etc. in writing of the scope of the specified transaction parties prescribed in that paragraph and the other matters for which a report is requested under the provisions of that paragraph, and of the day prescribed in that paragraph.
In making a disposition under the provisions of paragraph (1), the competent regional commissioner must give consideration to the administrative burden on the specified business operator, etc.
Read this with the articles around it
national taxmachine translation
「国税」
A tax imposed by the national government, other than customs duty, tonnage tax, special tonnage tax, the forest environment tax and the special corporate business tax.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
tax amount, etc.machine translation
「税額等」
The tax amounts in a tax return listed in Article 2, item (vi)(d) to (f): the tax payable, the tax equal to a refund, and the amounts deducted or used in calculating them.
Defined inArticle 19, paragraph (1)
tax basis, etc.machine translation
「課税標準等」
The items of a tax return listed in Article 2, item (vi)(a) to (c): the tax basis, the amounts deducted from it, and the amount of net loss, etc. (純損失等の金額).
Defined inArticle 19, paragraph (1)
reassessment or determination, etc.
「更正決定等」
A reassessment (更正), a determination (決定) under Article 25, or an assessment and determination (賦課決定) — the ways a tax office fixes or corrects the amount of tax payable.
Short name set inArticle 58, paragraph (1), item (i), (a)
specified business operator, etc.machine translation
「特定事業者等」
In Article 74-7-2, a business operator (including a corporation set up under a special law) or government office that is a party to specified transactions (特定取引) or provides the place for them, such as an online platform, and that the regional commissioner can require to report on the people making them.
Short name set inArticle 74-7-2, paragraph (1)· applies only in this article
competent regional commissionermachine translation
「所轄国税局長」
In Article 74-7-2, the regional commissioner of the Regional Taxation Bureau (国税局長) with jurisdiction over the place where the specified business operator, etc. (特定事業者等) has its domicile or residence.
Defined inArticle 74-7-2, paragraph (3), item (i)· applies only in this article
business operator, etc.machine translation
「事業者等」
In the definition of a specified transaction (特定取引) in Article 74-7-2, a business operator (including a corporation set up under a special law) or a government office.
Defined inArticle 74-7-2, paragraph (3), item (ii)· applies only in this item
specified transactionmachine translation
「特定取引」
In Article 74-7-2, a transaction — such as one made online with a business operator or government office, or one made on an online platform they provide — whose parties cannot be identified without a report required under that Article.
Defined inArticle 74-7-2, paragraph (3), item (ii)· applies only in this article
specified transaction partymachine translation
「特定取引者」
In Article 74-7-2, a person who makes specified transactions (特定取引), other than the specified business operator, etc. itself — and, where the report rests on past findings about people making similar transactions, only those whose transactions exceed an amount that could produce a tax basis of 10 million yen.
Defined inArticle 74-7-2, paragraph (3), item (iii)· applies only in this article
specified mattersmachine translation
「特定事項」
In Article 74-7-2, the details a specified business operator, etc. (特定事業者等) can be required to report about specified transaction parties (特定取引者): name (for a corporation, its name), domicile or residence, and individual or corporate number.
Defined inArticle 74-7-2, paragraph (3), item (iv)· applies only in this article
individual numbermachine translation
「個人番号」
The individual number (the personal 'My Number') as defined in Article 2, paragraph (5) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013).
Short name set inArticle 74-7-2, paragraph (3), item (iv), (c)· applies only in this provision and in Article 124
identification numbermachine translation
「番号」
An individual number (個人番号), assigned to each person with a resident record (住民票), or a corporate number (法人番号), assigned to a corporation or other organisation, as defined in the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures.
Defined inArticle 74-7-2, paragraph (3), item (iv), (c)
Commissioner of the National Tax Agency
国税庁長官
The head of the National Tax Agency (国税庁), the agency within the Ministry of Finance that assesses and collects national taxes (Act for Establishment of the Ministry of Finance, Articles 18 and 19). The Commissioner issues circulars (通達) setting out how the tax laws are read, and the National Tax Tribunal must tell the Commissioner beforehand when it will decide a case on a different reading (Act on General Rules for National Taxes, Article 99, paragraph (1)). An objection to a decision the Commissioner made is a request for review to the Commissioner (Article 75, paragraph (1), item (ii)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 18, 19 and Act on General Rules for National Taxes, Arts. 75, 99 as a reference.
regional commissioner
国税局長
The head of a regional taxation bureau (国税局), the National Tax Agency's regional office, which oversees the tax offices of its region (Act for Establishment of the Ministry of Finance, Articles 23 and 24). Collection can be taken over from a district director (Act on General Rules for National Taxes, Article 43, paragraph (3)), and a person who objects to what a regional commissioner has decided can ask the commissioner to look at it again (再調査の請求) or go straight to the National Tax Tribunal (Article 75, paragraph (1), item (i)).
Written by AI using Act for Establishment of the Ministry of Finance, Arts. 23, 24 and Act on General Rules for National Taxes, Arts. 43, 75 as a reference.