Supplementary Provisions, Article 15Transitional Measures Concerning Submission, etc. of Written Applications for Registration
第十五条(登録申請書の提出等に関する経過措置)
Where a business operator that intends to submit the written application under Article 57-2, paragraph (2) of the 2023 Consumption Tax Act pursuant to Article 44, paragraph (1) of the Supplementary Provisions of the 2016 Amendment Act has difficult circumstances in submitting that written application by the day six months before the 2023 Effective Date prescribed in the proviso to Article 44, paragraph (1) of the Supplementary Provisions of the 2016 Amendment Act, states those difficult circumstances in that written application and submits it, and registration under Article 57-2, paragraph (1) of the 2023 Consumption Tax Act is made pursuant to paragraph (3) of that Article, the business operator is deemed, notwithstanding the proviso to Article 44, paragraph (1) of the Supplementary Provisions of the 2016 Amendment Act, to have received the registration under Article 57-2, paragraph (1) of the 2023 Consumption Tax Act on the 2023 Effective Date.
Where a business operator that intends to receive the registration under Article 57-2, paragraph (1) of the 2023 Consumption Tax Act after the 2023 Effective Date (limited to a business operator that comes to be subject to the application of Article 44, paragraph (4) of the Supplementary Provisions of the 2016 Amendment Act) submits the written application under Article 57-2, paragraph (2) of the 2023 Consumption Tax Act, it is to state in that written application the date on which it wishes to receive the registration under paragraph (1) of that Article (limited to a date on or after the day on which 15 days have elapsed from the day on which that written application is submitted; referred to as the "requested registration date" in the following paragraph).
With regard to a business operator that intends to receive the registration under Article 57-2, paragraph (1) of the 2023 Consumption Tax Act from the requested registration date pursuant to the provisions of the preceding paragraph, where registration under paragraph (1) of that Article is made pursuant to paragraph (3) of that Article after that requested registration date, the business operator is deemed to have received the registration under paragraph (1) of that Article on that requested registration date.
Supplementary Provisions, Article 16Transitional Measures Concerning the Special Provisions on Exemption from Tax Liability for Small-Scale Business Operators Pertaining to Registration of Qualified Invoice Issuers
第十六条(適格請求書発行事業者の登録に係る小規模事業者に係る納税義務の免除の特例に関する経過措置)
With regard to a taxable period to which Article 86-5, paragraph (13) (including as applied mutatis mutandis pursuant to paragraph (14) of that Article) of the Act on Special Measures Concerning Taxation (Act No. 26 of 1957) as amended by the provisions of Article 10 of the 2016 Amendment Act (referred to as the "New Act on Special Measures Concerning Taxation" in the following paragraph) applies, Article 44, paragraph (4) of the Supplementary Provisions of the 2016 Amendment Act does not apply.
With regard to taxable periods on or after the taxable period to which Article 86-5, paragraph (13) of the New Act on Special Measures Concerning Taxation applies (limited to taxable periods to which the main clause of Article 44, paragraph (5) of the Supplementary Provisions of the 2016 Amendment Act comes to apply by reason of the registration under Article 57-2, paragraph (1) of the 2023 Consumption Tax Act that is to cease to be effective pursuant to Article 86-5, paragraph (13) of the New Act on Special Measures Concerning Taxation), the main clause of Article 44, paragraph (5) of the Supplementary Provisions of the 2016 Amendment Act does not apply.
新租税特別措置法第八十六条の五第十三項の規定の適用を受ける課税期間以後の課税期間(同項の規定により効力を失うこととされた五年消費税法第五十七条の二第一項の登録により二十八年改正法附則第四十四条第五項本文の規定の適用を受けることとなる課税期間に限る。)については、二十八年改正法附則第四十四条第五項本文の規定は、適用しない。
Supplementary Provisions, Article 17Transitional Measures Concerning Adjustment of Consumption Tax on Inventory in the Case of Ceasing to Be Exempted from Tax Liability
第十七条(納税義務の免除を受けないこととなった場合の棚卸資産に係る消費税額の調整に関する経過措置)
Where a business operator exempted from the obligation to pay consumption tax under the main clause of Article 9, paragraph (1) of the Consumption Tax Act ceases, pursuant to Article 44, paragraph (4) of the Supplementary Provisions of the 2016 Amendment Act, to be subject to the application of the main clause of Article 9, paragraph (1) of the Consumption Tax Act, and holds, on the day preceding the registration start date (meaning the registration start date prescribed in Article 44, paragraph (3) of the Supplementary Provisions of the 2016 Amendment Act; the same applies in the following Article), inventory (meaning inventory prescribed in Article 2, paragraph (1), item (xv) of the Consumption Tax Act; the same applies hereinafter in this Article) relating to taxable purchases acquired in Japan during the period in which it was exempted from the obligation to pay consumption tax, or taxable goods (meaning taxable goods prescribed in Article 2, paragraph (1), item (xi) of the Consumption Tax Act) taken out of a bonded area (meaning a bonded area prescribed in Article 2, paragraph (1), item (ii) of the Consumption Tax Act) during that period that fall under inventory (including inventory manufactured or constructed using that inventory as raw materials), the provisions of Article 36, paragraphs (1) and (2) of the Consumption Tax Act apply mutatis mutandis. In this case, the phrase "Article 11, paragraph (1), or Article 12, paragraph (5)" in paragraph (1) of that Article is deemed to be replaced with "Article 11, paragraph (1), Article 12, paragraph (5), or Article 44, paragraph (4) of the Supplementary Provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016)".
消費税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が、二十八年改正法附則第四十四条第四項の規定により消費税法第九条第一項本文の規定の適用を受けないこととなった場合において、登録開始日(二十八年改正法附則第四十四条第三項に規定する登録開始日をいう。次条において同じ。)の前日において消費税を納める義務が免除されていた期間中に国内において譲り受けた課税仕入れに係る棚卸資産(消費税法第二条第一項第十五号に規定する棚卸資産をいう。以下この条において同じ。)又は当該期間における保税地域(消費税法第二条第一項第二号に規定する保税地域をいう。)からの引取りに係る課税貨物(消費税法第二条第一項第十一号に規定する課税貨物をいう。)で棚卸資産に該当するもの(これらの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を含む。)を有しているときは、消費税法第三十六条第一項及び第二項の規定を準用する。この場合において、同条第一項中「又は第十二条第五項」とあるのは、「、第十二条第五項又は所得税法等の一部を改正する法律(平成二十八年法律第十五号)附則第四十四条第四項」と読み替えるものとする。
Supplementary Provisions, Article 18Transitional Measures Concerning Notification of Application of the Special Provisions on Deduction of Consumption Tax on Purchases
第十八条(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 to which Article 44, paragraph (4) of the Supplementary Provisions of the 2016 Amendment Act applies has submitted the written notification prescribed in Article 37, paragraph (1) of the Consumption Tax Act to the district director having jurisdiction over its place for tax payment during the taxable period that includes the registration start date, and has stated in that written notification that Article 37, paragraph (1) of the Consumption Tax Act is to apply for the taxable period that includes the day on which that written notification was submitted, Article 37, paragraph (1) of the Consumption Tax Act applies by deeming that written notification to have been submitted to that district director on the day preceding the first day of that taxable period.
Supplementary Provisions, Article 19Matters Entered in the Register of Qualified Invoice Issuers and Their Publication for Persons Who Were Registered Foreign Business Operators
第十九条(登録国外事業者であった者に係る適格請求書発行事業者登録簿の登載事項及び公表)
The matters specified by Cabinet Order as prescribed in Article 45, paragraph (1) of the Supplementary Provisions of the 2016 Amendment Act are the matters listed in the items of Article 70-5, paragraph (1) of the New Order.
二十八年改正法附則第四十五条第一項に規定する政令で定める事項は、新令第七十条の五第一項各号に掲げる事項とする。
The publication under the second sentence of Article 45, paragraph (2) of the Supplementary Provisions of the 2016 Amendment Act is to be made by a method of providing, through the Internet, information systematically organized so that users can easily search it.
二十八年改正法附則第四十五条第二項後段の規定による公表は、インターネットを利用して、利用者が容易に検索することができるように体系的に構成された情報を提供する方法により行うものとする。
The Commissioner of the National Tax Agency is to publish, during the period from the 2023 Effective Date to March 31, 2031, the matters entered in the register of foreign business operators prescribed in Article 39, paragraph (4) of the Supplementary Provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 9 of 2015; referred to as the "2015 Amendment Act" in Articles 24 and 25 of the Supplementary Provisions) prior to amendment by the provisions of Article 18 of the 2016 Amendment Act, as at the day preceding the 2023 Effective Date, by a method of making them available for public inspection through the Internet.
Supplementary Provisions, Article 20Transitional Measures Concerning Issuance of Qualified Invoices, etc.
第二十条(適格請求書等の交付に関する経過措置)
Where a business operator under Article 32-2, paragraph (1) of the New Order has been subject to the application of that paragraph with respect to a lease transfer prescribed in that paragraph made before the 2023 Effective Date, and there is a portion pertaining to the amount of deferred-payment revenue from a lease transfer prescribed in paragraph (2) of that Article that is deemed, under that paragraph, to have been made as a transfer, etc. of assets on or after the 2023 Effective Date, the provisions of Article 57-4, paragraph (1) of the 2023 Consumption Tax Act do not apply to the taxable transfer, etc. of assets of the portion pertaining to that amount of deferred-payment revenue from a lease transfer.
Where an individual business operator under Article 36, paragraph (1) of the New Order has been subject to the application of that paragraph with respect to a transfer on deferred payment terms prescribed in that paragraph made before the 2023 Effective Date, and there is an installment amount pertaining to that transfer on deferred payment terms whose due date for payment arrives on or after the 2023 Effective Date, the provisions of Article 57-4, paragraph (1) of the 2023 Consumption Tax Act do not apply to the taxable transfer, etc. of assets of the portion pertaining to those installments.
Where a business operator under Article 36-2, paragraph (1) of the New Order has been subject to the application of that paragraph with respect to a lease transfer prescribed in that paragraph made before the 2023 Effective Date, and there is a portion pertaining to the amount of revenue from a lease transfer prescribed in paragraph (2) of that Article that is deemed, under that paragraph, to have been made as a transfer, etc. of assets on or after the 2023 Effective Date, the provisions of Article 57-4, paragraph (1) of the 2023 Consumption Tax Act do not apply to the taxable transfer, etc. of assets of the portion pertaining to that amount of revenue from a lease transfer.
Where, with respect to a taxable transfer, etc. of assets made before the 2023 Effective Date by a corporation prescribed in Article 60, paragraph (3) of the Consumption Tax Act to which that paragraph applies, the last day of the taxable period in which the consideration for that taxable transfer, etc. of assets is to be received is on or after the 2023 Effective Date, the provisions of Article 57-4, paragraph (1) of the 2023 Consumption Tax Act do not apply to that taxable transfer, etc. of assets.
消費税法第六十条第三項の規定の適用を受ける同項に規定する法人が、五年施行日前に行った課税資産の譲渡等につき、当該課税資産の譲渡等の対価を収納すべき課税期間の末日が五年施行日以後であるときは、当該課税資産の譲渡等については、五年消費税法第五十七条の四第一項の規定は、適用しない。
Supplementary Provisions, Article 20-2Transitional Measures Concerning the Scope, etc. of Electronic or Magnetic Records Subject to the Special Provisions on Heavy Penalty Tax Concerning Matters Recorded in Electronic or Magnetic Records
第二十条の二(電磁的記録に記録された事項に関する重加算税の特例の対象となる電磁的記録の範囲等に関する経過措置)
With regard to the application of Article 59-2, paragraph (1) of the Consumption Tax Act to the matters recorded in the electronic or magnetic records listed in Article 71-2, paragraph (1), items (ii) and (vi) of the Former Order that are to be retained as under the provisions then in force pursuant to Article 153 of the Supplementary Provisions of the 2016 Amendment Act and Article 25 of the Supplementary Provisions, the provisions then in force continue to govern.
二十八年改正法附則第百五十三条及び附則第二十五条の規定によりなお従前の例により保存することとされている旧令第七十一条の二第一項第二号及び第六号に掲げる電磁的記録に記録された事項に係る消費税法第五十九条の二第一項の規定の適用については、なお従前の例による。
Supplementary Provisions, Article 21Transitional Measures Concerning Special Provisions for the National Government, Local Governments, etc.
第二十一条(国又は地方公共団体等に対する特例に関する経過措置)
Where, with respect to a taxable purchase made before the 2023 Effective Date by a corporation prescribed in Article 60, paragraph (3) of the Consumption Tax Act to which that paragraph applies, the last day of the taxable period in which the expenses for that taxable purchase are to be paid is on or after the 2023 Effective Date, the provisions then in force continue to govern the deduction of consumption tax on purchases under Articles 30 and 32 of the 2023 Consumption Tax Act for that taxable purchase.
消費税法第六十条第三項の規定の適用を受ける同項に規定する法人が、五年施行日前に行った課税仕入れにつき、当該課税仕入れの費用の支払をすべき課税期間の末日が五年施行日以後であるときは、当該課税仕入れに係る五年消費税法第三十条及び第三十二条の規定による仕入れに係る消費税額の控除については、なお従前の例による。
The provisions of Article 75, paragraph (8) of the New Order apply to taxable purchases made on or after the 2023 Effective Date.
新令第七十五条第八項の規定は、五年施行日以後に行われる課税仕入れについて適用する。
Supplementary Provisions, Article 21-2Transitional Measures Concerning Tax Credit for Small-Scale Business Operators That Become Qualified Invoice Issuers
第二十一条の二(適格請求書発行事業者となる小規模事業者に係る税額控除に関する経過措置)
With regard to the application of Article 25-5, paragraph (1), item (ii) and Article 75, paragraph (8) of the New Order in a taxable period to which Article 51-2, paragraph (1) of the Supplementary Provisions of the 2016 Amendment Act applies, of a qualified invoice issuer prescribed in that paragraph, the phrase "Article 37, paragraph (1) of the Act" in that item is deemed to be replaced with "Article 37, paragraph (1) of the Act or Article 51-2, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016)", and the phrase "Article 37, paragraph (1) of the Act" in that paragraph is deemed to be replaced with "Article 37, paragraph (1) of the Act or Article 51-2, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016)".
二十八年改正法附則第五十一条の二第一項に規定する適格請求書発行事業者の同項の規定の適用を受ける課税期間における新令第二十五条の五第一項第二号及び第七十五条第八項の規定の適用については、同号中「第三十七条第一項」とあるのは「第三十七条第一項若しくは所得税法等の一部を改正する法律(平成二十八年法律第十五号)附則第五十一条の二第一項」と、同項中「第三十七条第一項」とあるのは「第三十七条第一項又は所得税法等の一部を改正する法律(平成二十八年法律第十五号)附則第五十一条の二第一項」とする。
2023 Effective Datemachine translation
「五年施行日」
1 October 2023, the date the supplementary provisions (附則) of Cabinet Order No. 135 of 2018 name this way.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
New Ordermachine translation
「新令」
This Cabinet Order as amended by Article 1 of Cabinet Order No. 135 of 2018.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
taxable transfer, etc. of assetsmachine translation
「課税資産の譲渡等」
In the supplementary provisions (附則) of Cabinet Order No. 135 of 2018, a taxable transfer, etc. of assets as defined in Article 2, paragraph (1), item (ix) of the Consumption Tax Act: a transfer, etc. of assets (資産の譲渡等) other than one that is non-taxable under Article 6, paragraph (1) of that Act, other than a specified transfer, etc. of assets (特定資産の譲渡等) under item (viii)-2 of that paragraph.
Defined inSupplementary Provisions, Article 3, paragraph (1)
Former Ordermachine translation
「旧令」
The Order for Enforcement of the Consumption Tax Act as it stood before Article 1 of Cabinet Order No. 135 of 2018 amended it.
Short name set inSupplementary Provisions, Article 4, paragraph (2)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (4); and Supplementary Provisions, Articles 5 and 20-2
business operatormachine translation
「事業者」
A business operator as defined in Article 2, paragraph (1), item (iv) of the Consumption Tax Act: an individual business operator (個人事業者) or a corporation.
Defined inSupplementary Provisions, Article 4, paragraph (3)
taxable periodmachine translation
「課税期間」
In the supplementary provisions (附則) of Cabinet Order No. 135 of 2018, a taxable period under Article 19, paragraph (1) of the Consumption Tax Act, including a period treated as one taxable period under paragraph (2) or (4) of that Article.
Defined inSupplementary Provisions, Article 5, paragraph (5)
taxable purchasemachine translation
「課税仕入れ」
A taxable purchase as defined in Article 2, paragraph (1), item (xii) of the Consumption Tax Act: a business operator's acquiring or renting assets from another person, or receiving services from them, in the course of its business — other than services paid for with salary or wages (給与等) under Article 28, paragraph (1) of the Income Tax Act — where the other person's supplying them as a business would be a taxable transfer, etc. of assets (課税資産の譲渡等), other than exports and similar transactions listed in Article 7, paragraph (1) of the Consumption Tax Act and supplies exempt from consumption tax under Article 8, paragraph (1) of that Act or another law or a treaty.
Defined inSupplementary Provisions, Article 7, paragraph (1)
2016 Amendment Actmachine translation
「二十八年改正法」
Short name for the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016).
Short name set inSupplementary Provisions, Article 13, paragraph (1)
2023 Consumption Tax Actmachine translation
「五年消費税法」
The Consumption Tax Act as amended by Article 5 of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016).
Short name set inSupplementary Provisions, Article 13, paragraph (1)
requested registration datemachine translation
「登録希望日」
In Article 15 of the supplementary provisions (附則) of Cabinet Order No. 135 of 2018, the date on which a business operator applying after 1 October 2023 for registration as a qualified invoice issuer (適格請求書発行事業者) under Article 57-2, paragraph (1) of the Consumption Tax Act as amended (五年消費税法) wishes to be registered, written on its application; it must fall on or after the day 15 days after the application is filed.
Short name set inSupplementary Provisions, Article 15, paragraph (2)· applies only in this provision and in Supplementary Provisions, Article 15, paragraph (3)
the New Act on Special Measures Concerning Taxationmachine translation
「新租税特別措置法」
The Act on Special Measures Concerning Taxation as amended by Article 10 of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016).
Short name set inSupplementary Provisions, Article 16, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 16, paragraph (2)
inventorymachine translation
「棚卸資産」
Inventory as defined in Article 2, paragraph (1), item (xv) of the Consumption Tax Act: merchandise, products, semi-finished products, work in progress, raw materials and other assets that a Cabinet Order (政令) specifies.
Defined inSupplementary Provisions, Article 17, paragraph (1)· applies only in this article
registration start datemachine translation
「登録開始日」
In Articles 44 to 51-2 of the supplementary provisions (附則) of Act No. 15 of 2016, the day on which a business was registered as a qualified invoice issuer (適格請求書発行事業者) under Article 57-2, paragraph (1) of the Consumption Tax Act as amended by that Act.
Defined inSupplementary Provisions, Article 17, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 18
2015 Amendment Actmachine translation
「二十七年改正法」
Short name for the Act Partially Amending the Income Tax Act, etc. (Act No. 9 of 2015), as it stood before Article 18 of the Act Partially Amending the Income Tax Act, etc. (Act No. 15 of 2016) amended it.
Short name set inSupplementary Provisions, Article 19, paragraph (3)· applies only in this provision and in Supplementary Provisions, Articles 24 and 25
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.