Article 55Taxable Periods Connected with a Corporate Split, etc. to Which the Special Provisions on Deduction of Consumption Tax on Purchases Do Not Apply
第五十五条(仕入れに係る消費税額の控除の特例の適用がない分割等に係る課税期間)
The taxable periods specified by Cabinet Order of a split-off parent corporation or split-off subsidiary corporation as prescribed in Article 37, paragraph (1) of the Act are the taxable periods specified in each of the following items for the category of cases set out in that item:
法第三十七条第一項に規定する新設分割親法人又は新設分割子法人の政令で定める課税期間は、次の各号に掲げる場合の区分に応じ当該各号に定める課税期間とする。
where a corporate split, etc. (meaning a corporate split, etc. prescribed in Article 12, paragraph (1) of the Act; the same applies hereinafter in this Article) has taken place, and the amount calculated in the manner provided in Article 23, paragraph (1) as the taxable sales of a split-off parent corporation (meaning a split-off parent corporation prescribed in Article 12, paragraph (1) of the Act; the same applies hereinafter in this Article) in the period corresponding to the base period for the business year of the split-off subsidiary corporation (meaning a split-off subsidiary corporation prescribed in Article 12, paragraph (1) of the Act; the same applies hereinafter in this Article) that includes the day on which that corporate split, etc. took place (where there are two or more split-off parent corporations, that amount pertaining to any one of the split-off parent corporations) exceeds 50 million yen: the taxable periods included in the business year of that split-off subsidiary corporation that includes the day on which that corporate split, etc. took place;
where a corporate split, etc. has taken place during the period from the day before the day one year before the first day of that business year of a split-off subsidiary corporation to the day before the first day of that business year, and the amount calculated in the manner provided in Article 23, paragraph (2) as the taxable sales of a split-off parent corporation in the period corresponding to the base period for that business year of that split-off subsidiary corporation (where there are two or more split-off parent corporations, that amount pertaining to any one of the split-off parent corporations) exceeds 50 million yen: the taxable periods included in that business year of that split-off subsidiary corporation;
where a corporate split, etc. (excluding one involving two or more split-off parent corporations; the same applies in the following item) took place on or before the day two days before the day one year before the first day of that business year of a split-off subsidiary corporation, and on the last day of the base period for that business year that split-off subsidiary corporation falls under the specified requirement (meaning the specified requirement prescribed in Article 12, paragraph (3) of the Act; the same applies in the following item), and the total of the amount set out in (a) and the amount set out in (b) exceeds 50 million yen: the taxable periods included in that business year of that split-off subsidiary corporation:
the amount calculated in the manner provided in Article 23, paragraph (3) as the taxable sales of that split-off subsidiary corporation in the base period for that business year;
the amount calculated in the manner provided in Article 23, paragraph (4) as the taxable sales of the split-off parent corporation in the period corresponding to the base period referred to in (a);
where a corporate split, etc. took place on or before the day two days before the day one year before the first day of that business year of a split-off parent corporation, and on the last day of the base period for that business year a split-off subsidiary corporation falls under the specified requirement, and the total of the taxable sales in the base period (meaning the taxable sales in the base period prescribed in Article 9, paragraph (1) of the Act) for that business year of that split-off parent corporation and the amount calculated in the manner provided in Article 23, paragraph (5) as the taxable sales of that split-off subsidiary corporation in the period corresponding to that base period exceeds 50 million yen: the taxable periods included in that business year of that split-off parent corporation.
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corporate split, etc.machine translation
「分割等」
A corporate split, etc. as Article 12 of the Consumption Tax Act uses the term (defined in its paragraph (7)): an incorporation-type company split (新設分割); the founding of a new corporation, wholly owned by its founder, by a contribution of assets other than money, to which the founder hands over all or part of its business; or a transfer of assets other than money to a new corporation founded with money, under a business-transfer contract of the kind in Article 467, paragraph (1), item (v) of the Companies Act, where the founder holds all its shares and other Cabinet Order (政令) requirements are met.
Defined inArticle 55, paragraph (1), item (i)· applies only in this article
split-off subsidiary corporationmachine translation
「新設分割子法人」
A split-off subsidiary corporation as defined in Article 12, paragraph (1) of the Consumption Tax Act: a corporation set up by, or receiving assets in, a split, etc. (分割等) from the corporation that carried it out (新設分割親法人).
Defined inArticle 55, paragraph (1), item (i)· applies only in this article
split-off parent corporationmachine translation
「新設分割親法人」
A split-off parent corporation as defined in Article 12, paragraph (1) of the Consumption Tax Act: the corporation that has carried out a split, etc. (分割等), setting up a corporation (新設分割子法人) or passing assets to it.
Defined inArticle 55, paragraph (1), item (i)· applies only in this article
specified requirementmachine translation
「特定要件」
In Article 55, paragraph (1), items (iii) and (iv), the specified requirement as defined in Article 12, paragraph (3) of the Consumption Tax Act: that more than 50% of the issued shares of, or capital contributions to, a split-off subsidiary corporation (新設分割子法人) belong to the split-off parent corporation (新設分割親法人) and persons in a special relationship with it, or another case a Cabinet Order (政令) specifies.
Defined inArticle 55, paragraph (1), item (iii)· applies only in this provision and in Article 55, paragraph (1), item (iv)