第五十四条(納税義務の免除を受けないこととなつた場合等の棚卸資産の取得価額)
The amount specified by Cabinet Order as prescribed in Article 36, paragraph (1) of the Act is the amount specified in each of the following items for the category of assets set out in that item:
法第三十六条第一項に規定する政令で定める金額は、次の各号に掲げる資産の区分に応じ当該各号に定める金額とする。
inventory relating to a taxable purchase acquired in Japan: the total of the following amounts:
国内において譲り受けた課税仕入れに係る棚卸資産 次に掲げる金額の合計額
the amount of consideration paid for taxable purchases of that asset;
当該資産の課税仕入れに係る支払対価の額
the amount of freight charges for taking delivery, cargo handling charges and other expenses required for the purchase of that asset;
引取運賃、荷役費その他当該資産の購入のために要した費用の額
the amount of expenses directly required for putting that asset to consumption or sale;
当該資産を消費し、又は販売の用に供するために直接要した費用の額
taxable goods taken out of a bonded area that fall under inventory: the total of the following amounts:
保税地域からの引取りに係る課税貨物で棚卸資産に該当するもの 次に掲げる金額の合計額
the sum of the amount that is the tax base for the consumption tax relating to those taxable goods and the amount of consumption tax and the amount of local consumption tax relating to the taking of those taxable goods out of the bonded area (excluding the amount equivalent to the amount of accessory tax relating to those taxes);
当該課税貨物に係る消費税の課税標準である金額と当該課税貨物の引取りに係る消費税額及び地方消費税額(これらの税額に係る附帯税の額に相当する額を除く。)との合計額
the amount of freight charges for taking delivery, cargo handling charges and other expenses required for taking those taxable goods out of the bonded area;
引取運賃、荷役費その他当該課税貨物の保税地域からの引取りのために要した費用の額
the amount of expenses directly required for putting those taxable goods to consumption or sale;
当該課税貨物を消費し、又は販売の用に供するために直接要した費用の額
inventory manufactured or constructed using the inventory set out in the preceding two items as raw materials (including inventory relating to the person's own mining, extraction, cultivation, farming or other similar acts (hereinafter in this item referred to as "mining, etc.")): the total of the following amounts:
前二号に掲げる棚卸資産を原材料として製作され、又は建設された棚卸資産(自己の採掘、採取、栽培、養殖その他これらに準ずる行為(以下この号において「採掘等」という。)に係る棚卸資産を含む。) 次に掲げる金額の合計額
the amount of raw material costs and expenses required for the manufacture or construction, or the mining, etc., of that asset;
当該資産の製作若しくは建設又は採掘等のために要した原材料費及び経費の額
the amount of expenses directly required for putting that asset to consumption or sale.
当該資産を消費し、又は販売の用に供するために直接要した費用の額
The amount of expenses prescribed in the items of the preceding paragraph and the amount of raw material costs (excluding those relating to taxable goods) and expenses are limited to amounts that fall under the amount of consideration paid for taxable purchases.
前項各号に規定する費用の額並びに原材料費(課税貨物に係るものを除く。)及び経費の額は、課税仕入れに係る支払対価の額に該当する金額に限るものとする。
A business operator subject to Article 36, paragraph (1) of the Act must, for inventory relating to taxable purchases prescribed in that paragraph or taxable goods taken out of a bonded area that fall under inventory, state in a document the product name and quantity and the details of the amount of expenses required for the acquisition prescribed in that paragraph of that inventory or those taxable goods, and retain that document, for seven years from the day on which two months (one month, where the residual assets of a corporation in liquidation have been finally determined; the same applies in paragraph (5)) have elapsed from the day following the last day of the taxable period that includes the day on which it was prepared, at the business operator's place for tax payment or the location of its office, place of business or other equivalent place relating to its business.
The provisions of the preceding paragraph apply mutatis mutandis to the retention of documents under Article 36, paragraph (2) of the Act as applied mutatis mutandis pursuant to paragraph (4) of that Article.
Retention under paragraph (3) (including as applied mutatis mutandis pursuant to the preceding paragraph; the same applies hereinafter in this paragraph) for the period on or after the day on which five years have elapsed from the day on which two months have elapsed from the day following the last day of the taxable period prescribed in paragraph (3) may be made by the method determined by the Minister of Finance.
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.
Article 56Scope of the Taxable Period Including the Day on Which a Business Commenced, etc.
第五十六条(事業を開始した日の属する課税期間等の範囲)
The taxable period that includes the day on which a business was commenced, as prescribed in Article 37, paragraph (1) of the Act, and other taxable periods specified by Cabinet Order are the following taxable periods:
法第三十七条第一項に規定する事業を開始した日の属する課税期間その他の政令で定める課税期間は、次に掲げる課税期間とする。
the taxable period that includes the day on which a business operator commenced a business pertaining to taxable transfers, etc. of assets in Japan;
事業者が国内において課税資産の譲渡等に係る事業を開始した日の属する課税期間
the taxable period that includes the day on which the inheritance took place (limited to a taxable period for which the obligation to pay consumption tax is not exempted under Article 10, paragraph (1) of the Act) in the case where an individual business operator has succeeded, through inheritance, to the business of a decedent that had been subject to the application of Article 37, paragraph (1) of the Act;
the taxable period that includes the day on which the merger took place (limited to a taxable period for which the obligation to pay consumption tax is not exempted under Article 11, paragraph (1) of the Act) in the case where a corporation has succeeded, through a merger (excluding the case where a corporation is established through the merger), to the business of a merged corporation that had been subject to the application of Article 37, paragraph (1) of the Act;
the taxable period that includes the day on which the absorption-type company split took place (limited to a taxable period for which the obligation to pay consumption tax is not exempted under Article 12, paragraph (5) of the Act) in the case where a corporation has succeeded, through an absorption-type company split, to the business of a splitting corporation that had been subject to the application of Article 37, paragraph (1) of the Act.
The taxable period that includes the day on which a business was commenced and other taxable periods specified by Cabinet Order as prescribed in the proviso to Article 37, paragraph (3) of the Act are the taxable periods set out in the items of the preceding paragraph.
amount of consideration paid for taxable purchasesmachine translation
「課税仕入れに係る支払対価の額」
The amount paid for a taxable purchase (課税仕入れ) as Article 30 of the Consumption Tax Act uses the phrase (defined in paragraph (8), item (i), (d) of that Article): everything paid or payable in money, goods, rights or other economic benefits for the purchase, including the consumption tax and local consumption tax (地方消費税) to be charged on the supplier.
Defined inArticle 46, paragraph (1), item (vi)· applies only in this chapter
mining, etc.machine translation
「採掘等」
In Article 54, paragraph (1), item (iii), a business operator's own mining, extraction, cultivation, aquaculture and similar activities.
Short name set inArticle 54, paragraph (1), item (iii)· applies only in this item
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)