Supplementary Provisions, Article 12Transitional Measures Concerning Deduction of Amount of Consumption Tax on Purchases
第十二条(仕入れに係る消費税額の控除に関する経過措置)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax pursuant to Article 9, paragraph (1), main clause of the Act) calculates the consumption tax on taxable purchases prescribed in Article 30, paragraph (1) of the Act with respect to expenses paid during the period from the application date to September 30, 1989 (excluding expenses paid in the case of acquiring or leasing assets relating to the transfers, etc. of assets set out in Article 7, paragraph (1), items (i) through (iv) of the Act (for item (iii) of that paragraph, limited to the portion pertaining to the transport of cargo) or Article 17, paragraph (2), items (i) through (iv), (vi) or (vii), or in the case of receiving the provision of services relating to those transfers, etc. of assets, and expenses paid in the case of acquiring or leasing assets relating to transfers, etc. of assets outside Japan or receiving the provision of services relating to those transfers, etc. of assets; the same applies hereinafter in this paragraph), if there is, among the accounts for which it is difficult to classify the amount of those expenses into the amount of consideration paid for taxable purchases in Japan (meaning the amount of consideration paid for taxable purchases prescribed in Article 30, paragraph (1) of the Act; the same applies hereinafter in this paragraph) and amounts other than the amount of consideration paid for those taxable purchases (for manufacturing costs and other costs equivalent thereto, the accounts constituting those costs), an account other than a specified account, then with respect to the amount of expenses belonging to that account, the business operator may calculate the consumption tax on those taxable purchases on the basis that the whole amount of those expenses falls under the amount of consideration paid for taxable purchases made in Japan.
事業者(法第九条第一項本文の規定により消費税を納める義務が免除される事業者を除く。)が、適用日から平成元年九月三十日までの間に支出する費用(法第七条第一項第一号から第四号までの規定(同項第三号にあつては、貨物の輸送に係る部分に限る。)又は第十七条第二項第一号から第四号まで、第六号若しくは第七号の規定に掲げる資産の譲渡等に係る資産を譲り受け、若しくは借り受け、又は当該資産の譲渡等に係る役務の提供を受ける場合及び国内以外の地域において資産の譲渡等に係る資産を譲り受け、若しくは借り受け、又は当該資産の譲渡等に係る役務の提供を受ける場合に支出する費用を除く。以下この項において同じ。)について法第三十条第一項に規定する課税仕入れに係る消費税額を計算する場合において、当該費用の額を国内における当該課税仕入れに係る支払対価の額(同項に規定する課税仕入れに係る支払対価の額をいう。以下この項において同じ。)と当該課税仕入れに係る支払対価の額以外のものとに区分することが困難な科目(製造原価その他これに準ずる原価にあつては、これらの原価を構成する科目)で特定科目以外の科目があるときは、当該科目に属する費用の額については、当該費用の全額は、国内において行つた課税仕入れに係る支払対価の額に該当するものとして、当該課税仕入れに係る消費税額を計算することができる。
The specified accounts prescribed in the preceding paragraph are the accounts to which personnel expenses, insurance premiums (including mutual aid premiums and other items similar to insurance premiums), taxes and public charges, donations (including subsidies), land rent, interest paid (including bill discount charges, guarantee fees and other items similar thereto), and damages and other compensation belong, and the accounts to which the amount of consideration for the acquisition of land (including rights existing on land), securities prescribed in Appended Table 1, item (ii) of the Act and other similar things belongs.
For the amount of expenses relating to those for which the act that gave rise to the payment of the expenses prescribed in paragraph (1) is deemed, under Article 2, paragraph (2) or (3) or Article 3, paragraph (5) of the Supplementary Provisions of the Act or Article 4, paragraph (4) of the Supplementary Provisions, to have been done before the application date, the amount is included in the amount of expenses prescribed in paragraph (1) only where the amount of expenses for a single transaction is 1,000,000 yen or less.
Supplementary Provisions, Article 13Transitional Measures Concerning Ratio Equivalent to the Taxable Sales Ratio
第十三条(課税売上割合に準ずる割合に関する経過措置)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax pursuant to Article 9, paragraph (1), main clause of the Act) was unable, due to unavoidable circumstances, to obtain the approval under Article 30, paragraph (3), item (ii) of the Act by the last day of the taxable period that includes the application date, and obtains that approval by the deadline for filing the return under Article 45, paragraph (1) of the Act for the taxable period that includes the application date, Article 30, paragraph (3) of the Act applies on the premise that the business operator is deemed to have obtained that approval during that taxable period.
事業者(法第九条第一項本文の規定により消費税を納める義務が免除される事業者を除く。)が、適用日の属する課税期間の末日までに法第三十条第三項第二号の承認を受けることができなかつたことにつきやむを得ない事情がある場合において、適用日の属する課税期間に係る法第四十五条第一項の規定による申告書の提出期限までに当該承認を受けたときは、当該課税期間中に当該承認を受けたものとみなして、法第三十条第三項の規定を適用する。
Supplementary Provisions, Article 14Transitional Measures Concerning Matters to Be Entered in Books or Invoices, etc. for Deduction of Amount of Tax on Taxable Purchases, etc.
第十四条(課税仕入れ等の税額の控除に係る帳簿又は請求書等の記載事項に関する経過措置)
With respect to taxable purchases made by a business operator (excluding a business operator exempted from the obligation to pay consumption tax pursuant to Article 9, paragraph (1), main clause of the Act) during the period from the application date to September 30, 1989 (excluding taxable purchases to which Article 49, paragraph (1) applies), of the matters that are to be entered in the books under Article 30, paragraph (7) of the Act pursuant to Article 30, paragraph (8), item (i) of the Act, the matters set out in (a) of that item may be omitted from the entry, notwithstanding that item.
With respect to invoices, delivery slips and other similar documents issued in relation to taxable transfers, etc. of assets made by another business operator to a business operator during the period from the application date to September 30, 1989 (excluding those for which consumption tax is exempted under Article 7, paragraph (1) or Article 8, paragraph (1) of the Act or other laws or treaties, and those relating to the businesses set out in the items of Article 49, paragraph (3)), where the matters set out in Article 30, paragraph (9), item (i), (a) through (d) of the Act are stated, they are deemed to fall under the invoices, etc. under paragraph (7) of that Article.
Supplementary Provisions, Article 15Transitional Measures Concerning Taxable Periods, etc. Relating to Company Splits Not Subject to the Special Provisions on Deduction of Consumption Tax on Purchases
第十五条(仕入れに係る消費税額の控除の特例の適用がない分割に係る課税期間等に関する経過措置)
The provisions of Article 55 apply where the company split prescribed in that Article or another company split occurs on or after the day following the Effective Date.
Where the provisions of Article 55, paragraph (1), items (ii) through (v) apply, if the first day of the period corresponding to the base period prescribed in those provisions falls before the Effective Date, those provisions apply on the assumption that the Act had been in effect from the first day of that period.
第五十五条第一項第二号から第五号までの規定の適用がある場合において、これらの規定に規定する基準期間に対応する期間の初日が施行日前であるときは、法が当該期間の初日から施行されていたものとして、これらの規定を適用する。
Where the provisions of Article 55, paragraphs (2) through (4) apply, if the first day of the period corresponding to the base period relating to the other company split prescribed in those provisions falls before the Effective Date, those provisions apply on the assumption that the Act had been in effect from the first day of that period.
Supplementary Provisions, Article 16Transitional Measures Concerning Notification of Application of the Special Provisions on Deduction of Consumption Tax on Purchases
第十六条(仕入れに係る消費税額の控除の特例の適用を受ける旨の届出に関する経過措置)
Where a business operator (excluding a business operator exempted from the obligation to pay consumption tax pursuant to Article 9, paragraph (1), main clause of the Act) submits the written notification prescribed in Article 37, paragraph (1) of the Act to the district director having jurisdiction over its place for tax payment during the period from the application date to September 30, 1989 (or, where the deadline for filing the return under Article 45, paragraph (1) of the Act for the taxable period that includes the application date falls before the 30th day of that month, that deadline for filing), Article 37, paragraph (1) of the Act applies for the taxable periods on or after the taxable period that includes the application date. In this case, the phrase "following taxable period" in Article 37, paragraph (3) of the Act is deemed to be replaced with "taxable period that includes April 1, 1989".
Supplementary Provisions, Article 17Transitional Measures Concerning Matters to Be Entered in Books Relating to Refunds, etc. of Consideration for Sales
第十七条(売上げに係る対価の返還等に係る帳簿の記載事項に関する経過措置)
With respect to a refund, etc. of consideration for sales prescribed in Article 38, paragraph (1) of the Act made by a business operator (excluding a business operator exempted from the obligation to pay consumption tax pursuant to Article 9, paragraph (1), main clause of the Act) during the period from the application date to September 30, 1989 (excluding those relating to the businesses set out in the items of Article 49, paragraph (3)), of the matters that, pursuant to Article 58, paragraph (1), are to be entered in the books referred to in that paragraph, the matters set out in item (i) of that paragraph may be omitted from the entry, notwithstanding that paragraph.
Supplementary Provisions, Article 18Transitional Measures Concerning Taxable Periods Relating to Company Splits Not Subject to Marginal Deduction
第十八条(限界控除の適用がない分割に係る課税期間に関する経過措置)
The provisions of Article 60 apply where the company split prescribed in that Article or another company split occurs on or after the day following the Effective Date.
Where the items of Article 60, paragraph (1) apply, if the first day of the first taxable period among the taxable periods of the split-off parent corporation relating to the company split that ended within one year on or before the last day of the taxable period of the split-off subsidiary corporation prescribed in item (i), (b) of that paragraph, or the first day of the first taxable period among the taxable periods of the split-off subsidiary corporation that ended within one year on or before the last day of the taxable period of the split-off parent corporation prescribed in item (ii), (b) of that paragraph, falls before the Effective Date, those provisions apply on the assumption that the Act had been in effect from the first day of that taxable period.
Where the provisions of Article 60, paragraphs (2) through (4) (including where those provisions apply mutatis mutandis under Article 61, paragraph (2)) apply, if the first day of the period corresponding to the taxable period relating to the other company split prescribed in those provisions falls before the Effective Date, those provisions apply on the assumption that the Act had been in effect from the first day of that period.
第六十条第二項から第四項までの規定(これらの規定を第六十一条第二項において準用する場合を含む。)の適用がある場合において、これらの規定に規定する他の分割に係る課税期間に対応する期間の初日が施行日前であるときは、法が当該期間の初日から施行されていたものとして、これらの規定を適用する。
Supplementary Provisions, Article 19Transitional Measures Concerning Special Provisions on Consumption Tax on Purchases of the National Government, Local Governments, etc.
第十九条(国、地方公共団体等の仕入れに係る消費税額の特例に関する経過措置)
The provisions of Article 75, paragraphs (3) through (7) apply to the specified income prescribed in those provisions that is received on or after the application date.
第七十五条第三項から第七項までの規定は、適用日以後に受け入れるこれらの規定に規定する特定収入について適用する。
Supplementary Provisions, Article 19-2Special Provisions for Central Unions of Agricultural Co-operatives
第十九条の二(農業協同組合中央会の特例)
The laws and regulations specified by Cabinet Order prescribed in Article 19-2 of the Supplementary Provisions of the Act are the Act and other laws and regulations concerning consumption tax.
Supplementary Provisions, Article 20Application Procedures, etc. for Approval of Return of Sugars
第二十条(砂糖類の戻入れの承認に係る申請の手続等)
A person who intends to obtain the approval under Article 22, paragraph (1) of the Supplementary Provisions of the Act must submit a written application stating the following matters to the Commissioner of the National Tax Agency:
法附則第二十二条第一項の承認を受けようとする者は、次に掲げる事項を記載した申請書を国税庁長官に提出しなければならない。
the name or title and the address or residence of the applicant;
申請者の氏名又は名称及び住所又は居所
the location of the place for which the approval is sought;
承認を受けようとする場所の所在地
any other matters for reference.
その他参考となるべき事項
The Commissioner of the National Tax Agency must notify the applicant in writing of the fact of approval where granting the approval under Article 22, paragraph (1) of the Supplementary Provisions of the Act, and of the fact and the reason where not granting the approval under that paragraph.
国税庁長官は、法附則第二十二条第一項の承認をする場合にはその旨、同項の承認を与えない場合にはその旨及びその理由を書面により申請者に通知しなければならない。
Supplementary Provisions, Article 21Application Procedures, etc. for Approval of Return of Class 2 Goods
第二十一条(第二種の物品の戻入れの承認に係る申請の手続等)
The provisions of paragraph (1) of the preceding Article apply mutatis mutandis to a person who intends to obtain the approval under Article 23, paragraph (1) of the Supplementary Provisions of the Act, and the provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the approval of the Commissioner of the National Tax Agency under Article 23, paragraph (1) of the Supplementary Provisions of the Act, respectively.
Supplementary Provisions, Article 22Application Procedures, etc. for Approval of Return of Playing Cards and the Like
第二十二条(トランプ類の戻入れの承認に係る申請の手続等)
The provisions of Article 20, paragraph (1) of the Supplementary Provisions apply mutatis mutandis to a person who intends to obtain the approval under Article 24, paragraph (1) of the Supplementary Provisions of the Act, and the provisions of Article 20, paragraph (2) of the Supplementary Provisions apply mutatis mutandis to the approval of the Commissioner of the National Tax Agency under Article 24, paragraph (1) of the Supplementary Provisions of the Act, respectively.
Supplementary Provisions, Article 23Scope of Businesses of Special Merger Districts Deemed to Be Businesses Conducted by Establishing a Special Account
第二十三条(特別会計を設けて行う事業とみなされる合併特例区の事業の範囲)
In the application of Article 60 of the Act to the business prescribed in Article 72, paragraph (2), item (iii) that a special merger district under Article 26, paragraph (1) (Special Merger District) of the Act on Special Provisions for the Merger of Municipalities (Act No. 59 of 2004) conducts as operations relating to the general account, that business is deemed to be a business conducted by establishing a special account as referred to in Article 60, paragraph (1), main clause of the Act.
市町村の合併の特例に関する法律(平成十六年法律第五十九号)第二十六条第一項(合併特例区)の合併特例区が一般会計に係る業務として行う第七十二条第二項第三号の事業に係る法第六十条の規定の適用については、当該事業は、同条第一項本文の特別会計を設けて行う事業とみなす。
application datemachine translation
「適用日」
In the supplementary provisions (附則) of this Order as enacted in 1988, 1 April 1989, from which charges for a specified continuing supply, etc. (特定継続供給等) are divided by month between the periods before and after it.
Short name set inSupplementary Provisions, Article 2, paragraph (3)
the Effective Datemachine translation
「施行日」
The day the Consumption Tax Act (Act No. 108 of 1988) came into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
amount of consideration paidmachine translation
「係る支払対価の額」
In Article 12, paragraph (1) of the supplementary provisions (附則) of this Order as first made (Cabinet Order No. 360 of 1988), the amount of consideration paid for a taxable purchase (課税仕入れ) as Article 30, paragraph (1) of the Consumption Tax Act defines it.
Defined inSupplementary Provisions, Article 12, paragraph (1)· applies only in this paragraph
district director
税務署長
The head of a tax office (税務署), the local office of the National Tax Agency that deals with taxpayers in its district (Act for Establishment of the Ministry of Finance, Article 24). It is the office a person usually deals with: an income tax return is filed with a district director (Income Tax Act, Article 120, paragraph (1)), and reassessments, determinations and the collection of national tax are done by the district director for the taxpayer's current place for tax payment (Act on General Rules for National Taxes, Articles 30 and 43). A person who objects to what a district director has decided can ask that director 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)) — unless the notice of the decision says officials of a Regional Taxation Bureau or of the National Tax Agency investigated, in which case it counts as the regional commissioner's decision, with the same choice, or as the Commissioner of the National Tax Agency's, which can only be challenged by a request for review to the Commissioner (Article 75, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Finance, Art. 24, Act on General Rules for National Taxes, Arts. 30, 43, 75 and Income Tax Act, Art. 120 as a reference.
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.