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Japanese TAX

December 28, 2004

 

1. Who must pay Japanese taxes

(1-1) Income Tax

Even though you live in the United States, you are obligated to pay Japanese income tax on your income from sources within Japan. The following items are only some of the examples which are treated as income from sources within Japan.

(a) Salaries, wages, or other remuneration received for employment and other personal services performed in Japan

(b) Rent or other compensation for the use or lease of real estate located in Japan

(c) Income from sale or disposal of lands and buildings situated in Japan

(d) Dividends received from Japanese domestic companies

In some cases, a payer who pays your income withholds your Japanese income tax and you do not need to file a tax return yourself. But in other cases, you need to file your return to a tax office and pay Japanese taxes yourself.

(1-2) Inheritance Tax and Gift Tax

Even though you live in the United States, you are obligated to pay Japanese inheritance tax or gift tax if you acquire any property located in Japan by inheritance, bequest or gift. The following items are only some of the examples which are treated as property located in Japan.

(a) Real estate located in Japan

(b) Deposits in a Japanese domestic bank

(c) Stocks issued by a Japanese domestic company

(d) Japanese Government Bonds (JGBs)

In order to pay Japanese inheritance tax or gift tax, you yourself need to file a tax return to a tax office in Japan.

(1-3) Credit for foreign taxes

If you are a U.S. resident who has income from sources within Japan, such income may be taxed by both the Japanese Government and the United States Government. This may also happen if you are a U.S. resident who acquires any property located in Japan by inheritance, bequest or gift.

In order to avoid such international double taxation, Japan and the United States have introduced the system of foreign tax credit. This system allows you to credit your foreign taxes entirely or partly when you file a tax return in your country of residence.

(1-4) For Further Information

If you need further information on Japanese taxes, please access the following websites.

(a) Ministry of Finance (www.mof.go.jp)
"An Outline of Japanese Taxes"  

(b) National Tax Agency (www.nta.go.jp)
"Income Tax Guide for Foreigners," which includes how to file an income tax return

(c) Taxanswer (www.nta.go.jp/taxanswer/english/gaikoku.htm) 
"Income Tax Guide for Foreigners," which includes income tax information for foreigners in Japan and how to contact tax officials  

2. Tax Treaty between Japan and the United States

This tax treaty has several provisions which reduce the Japanese tax burden of a U.S. resident. The following are examples of tax benefits for an individual.

(2-1) Business Traveler to Japan

If (1) you are an employee of a U.S. resident, (2) you stay in Japan for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the taxable year concerned, and (3) the payment to you is not born by a permanent establishment of the U.S. resident situated in Japan, then the payment to you in respect of the employment exercised in Japan is tax exempt.

(2-2) Student studying in Japan

If (1) you are a student who is, or was immediately before visiting Japan, a resident of the United States, (2) you are present in Japan for the primary purpose of your education or training, and (3) the payment to you is for the purpose of your maintenance, education or training and is made from outside Japan, then the payment to you is tax exempt.

This exemption applies to a business apprentice only for a period not exceeding one year from the date he first begins his training in Japan.

You are required to submit appropriate forms if you want to enjoy these tax treaty benefits. If you need more information, please contact a tax official in Japan.

3. Japanese Tax Forms

You can download the following application forms for tax treaty benefits. (pdf files)

Form 1: Relief from Japanese Income Tax on Dividends
Form 2: Relief from Japanese Income Tax on Interest
Form 3: Relief from Japanese Income Tax on Royalties
Form 4: Extension of Time for Withholding of Tax on Dividends with respect to Foreign Depositary Receipt
Form 5: Relief from Japanese Income Tax on Dividends with respect to Foreign Depositary Receipt
Form 6: Relief from Japanese Income Tax on Remuneration Derived from Rendering Personal Services
Form 7: Relief from Japanese Income Tax on Income Earned by Professionals, Entertainers, Sportsmen, or Temporary Visitors
Form 8: Relief from Japanese Income Tax on Remuneration, Grants, etc.,
Received by Professors, Students, or Business Apprentices
Form 9: Relief from Japanese Income Tax on Pensions, Annuities, etc.
Form 10: Relief from Japanese Income Tax on Not Expressly Mentioned in the Income Tax Convention
Form 11: Refund of the Overpaid Withholding Tax other than Redemption of Securities and Remuneration Derived from Rendering Personal Services Exercised by an Entertainer or a Sportsman in accordance with the Income Tax Convention
Form 12: Refund of the Withholding Tax on Remuneration Derived from Rendering Personal Services Exercised by an Entertainer or a Sportsman in accordance with the Income Tax Convention
Form 13: Refund of the Withholding Tax on Profit from Redemption of Securities in accordance with the Income Tax Convention (Discount Government Bonds only)
Form 14: Refund of the Withholding Tax on Profit from Redemption of Securities in accordance with the Income Tax Convention (for Discount Debentures other than Discount Government Bonds)
Form 15: Relief from Japanese Income Tax or Corporation Tax for Japanese Source Income to report
Form 16: List of the Members of Foreign Company or List of the Partners of Entity
Form 17: Attachment Form for Limitation on Benefits Article
Form 18: Application Form for Competent Authority Determination

If you need other Japanese tax forms, please contact the Finance Division of the Consulate General of Japan in New York by phone at 212- 269-5440 or by e-mail   .

(c) Consulate-General of Japan in New York
299 Park Avenue 18th Floor, New York, NY 10171
Tel: (212)371-8222
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