Information on Japanese taxes

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【General】

1. What types of entities are used in establishing a business presence in Japan?

Foreign companies entering the Japanese market generally establish a business presence using one of the following three methods:

  • Opening a representative office
  • Opening a branch office
  • Establishing a subsidiary

Generally speaking, a representative office has no obligation to file a tax return for corporate tax and other related taxes.

2. What kinds of initial notifications/applications related to taxes need to be submitted upon establishment of a subsidiary or a branch?

Mainly, these applications need to be submitted:

  • Notification of Corporation Establishment
  • Application for Special Provision for Extension of the Due Date for Filing a Final Return Form
  • Application Form for Approval of Filing Blue Return
  • Notification of Establishment/Relocation/Closure of a Salary-Paying Office
  • Application for Approval Made in Relation to the Special Provision for Due Dates for Withholding Income Tax
  • Report on the Selection of Taxable Proprietor Status for Consumption Tax

Guidelines for Notification of Corporation Establishment, etc. | National Tax Agency (nta.go.jp)

3. Please define what a “Blue Return” is.

By submitting “Application Form for Approval of Filing Blue Return”, you can get the status of “Blue Return”.

Privileges of “Blue Return” are as follows:

  • Carried-over net losses, which can be deducted from future taxable income.
  • Special depreciation allowances and special tax credits

4. What kinds of taxes are imposed on corporations in Japan?

The followings are taxes generally imposed:

  • Corporate tax
  • Consumption tax
  • Withholding income tax
  • Inhabitant tax
  • Business Tax
  • Fixed property tax

【Corporate tax】

1. Please explain the outline of the Corporate tax.

Corporate tax is assessed on taxable income of corporations.

For more detailed information, please refer to the link below. NTA explains how to calculate the taxable income.

outline.pdf (nta.go.jp)

2. What’s the difference between “Accounting Profits” and “Taxable Income”?

The Accounting Profits are calculated by subtracting expenses from revenues.

The Taxable Income is calculated by adjusting limitations on tax deductibility from the accounting profits.

The primary limitations are below:

  • Entertainment expenses
  • Donation Expenses
  • Provision
  • Bad debt loss

3. What are “Entertainment expenses”?

Simply put, they are the expenses used to attract or entertain customers or clients.
Almost the same as an “accounting entertainment expenses”.

It’s not necessary to clearly understand everything about it since its definition is complicated.

Practically, tax specialists judge whether costs are categorized as “Entertainment expenses” rather than company accounting staff.

4. What are “Donation Expenses”?

Gifts of money or assets without economic purposes are treated as “Donation Expenses”,  regardless of nominal expressions such as donations or contributions.

They are allowed deductions to a certain limit, on the other hand, if the donation is to foreign-related corporations such as a parent corporation outside Japan, the whole expense is disallowed.

5. What provisions are common in Japanese accounting practice?

The following are common provisions in Japanese accounting practice:

  • Provision for bad debt
  • Provision for bonuses
  • Provision for retirement benefits

6. Why is “Bad debt loss” named as one of the primary limitations?

Under Japanese tax law, conditions are specifically stipulated for their deductibility with respect to their cases and timing. Unless these conditions are met, tax deductions are not allowed.

7. What should be taken into account when deciding a director’s remuneration?

A director’s remuneration has to be a fixed amount that is paid monthly throughout a fiscal year.

If not, the director’s remuneration cannot be deducted from taxable income for corporate tax purposes.

8. What should be taken into account when deciding an amount of capital?

From accounting and tax perspectives, there are the following things that need to be considered:

  • If a company’s capital is over 100 million yen, the corporate tax rate is higher than in the case the capital is less than 100 million yen.
    Note: Please refer to the Question “Please explain how to decide the corporation tax rate.”
  • If a company’s capital is 500 million yen or more, the company is subject to an accounting audit.
  • “Thin capitalization rule” and “Earning stripping rule”

9. Please explain the “Thin capitalization rule”.

Generally speaking, this rule limits the deductibility of certain interests paid on liabilities on a foreign-related corporation.

Simply put, this rule is applied in the case that an average balance of interest-bearing liabilities exceeds three times a Japanese subsidiary’s equity amount.

As this calculation is more complicated, most people don’t need to know the full details. If you need to understand more details, please consult us.

10. Please explain the “Earning stripping rule”.

Generally speaking, this rule is limiting the deductibility of certain interests paid to a foreign-related corporation.

A limitation amount is calculated based on a Japanese subsidiary’s taxable income.

If both the “Thin capitalization rule” and ” Earning stripping rule” are simultaneously applicable, whichever one produces the larger non-deductible amount will be  applied.

As this calculation is more complicated, most people don’t need to know the full details. If you need to understand more details, please consult us.

11. Please explain how to calculate the amount of corporate tax.

Corporate tax is calculated using the following formula.

Taxable income * Corporation tax rate

The corporation tax rate differs depending on capital and taxable income.

12. Please explain how to decide the corporation tax rate.

Generally speaking, in order to decide the corporation tax rate, companies are classified into two categories depending on their amount of capital:

  • Large Corporations (Corporations with a capital amount exceeding 100 million yen.)
  • SMEs(Corporations with a capital amount of 100 million yen or less. Except for ones that are wholly owned by a large corporation with a capital amount of 500 million yen or more.)

Tax rates are below(as of 2023):

  • For the “Large Corporations”

23.20%

  • For the “SMEs”

15% for the amount of taxable income not exceeding 8 million yen per year.

The rest of the taxable income is the same as For Large Corporations(mentioned above).

13. When is the due date for filing the final tax return?

The filing due date for the final tax return is the 2 months after the fiscal year-end.

By applying for an extension beforehand, the due date can be extended.

14. When is the due date for tax payment?

It is the same as the due date for filing the final tax return.

In the case in which a company has already applied for the extension, it is necessary for the payment to be completed within the 2 months after the fiscal year-end in order not to be subject to “Interest tax”.


【Consumption tax】

1. Please explain the outline of the Consumption tax.

A taxable enterprise for consumption tax purposes must file a tax return and pay the difference between consumption taxes received and consumption taxes paid.

NTA provides information about the Consumption tax. Please refer to the link below.

Basic knowledge|National Tax Agency (nta.go.jp)

2. What kinds of services or goods can be subject to the “Consumption tax”?

The “Consumption tax” is imposed on the consumption of services and goods in Japan.

It is similar to VAT.

There are some exceptions to the “Consumption tax” such as “Non-taxable transactions” and ”Exempt sales”.

3. Please explain the “Non-taxable transactions”.

Primarily, the “Non-taxable transactions” are the following transactions:

  • Selling or leasing of land
  • Bank interest
  • Leasing of dwellings

4. Please explain the “Exempt sales”.

“Exempt sales” primarily means exporting items and services from Japan.

5. Please explain the rate of consumption tax.

Under consumption tax law, there are two tax rates:

  • 10% in general
  • 8% for food and beverage and certain other types of products.

6. When is the due date for filing the final tax return and tax payment?

They are the same as the due date for corporate tax.


【Withholding income tax】

1. Please explain the outline of the Withholding income tax.

Corporations that make certain payments such as salaries, remuneration, or fees, are obligated to withhold taxes upon payment and pay the withheld amount to the tax office.

NTA provides information about the Withholding tax. Please refer to the link below.

Information about Withholding Tax | Withholding Tax | National Tax Agency (nta.go.jp)

Withholding Tax Guide


【Individual income tax】

1. Please explain the outline of the Individual income tax.

It’s a tax imposed on “income.”

Income means any economic benefits received by an individual.

The taxable period is from January 1 to December 31.

The tax rate depends on types of income and amount of someone’s income.

Taxpayers must file tax returns and pay tax during the period from February 16 to March 15 of the following year of each taxable period.

Most wage earners are not required to file a tax return because the calculation and payment are completed by company you works for.

In some cases you must file tax returns, in order to get more information, please refer to the link below.

No.12018 Wage earners who must file a final tax return|National Tax Agency JAPAN (nta.go.jp)


【Inhabitant tax】

1. Please explain the outline of the Inhabitant tax.

Inhabitant tax is imposed by prefectures and municipalities.

For more detailed information, please refer to the link below. The Bureau of Taxation explains basic knowledge about the Inhabitant tax.

https://www.tax.metro.tokyo.lg.jp/book/guidebookgaigo/guidebook2022e.pdf#page=30

【Business Tax】

1. Please explain the outline of the Business Tax.

Business Tax is levied by prefectures on business conducted by corporations.

Taxable income is calculated based on the income of corporations.

For more detailed information, please refer to the link below. The Bureau of Taxation explains basic knowledge about Business tax.

https://www.tax.metro.tokyo.lg.jp/book/guidebookgaigo/guidebook2022e.pdf#page=26


 

This information is a simplified version of facts about tax rules for everyone to understand in a simple way.
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