Beruflich Dokumente
Kultur Dokumente
4/1 General
The inheritance tax was established in 1905 and was originally an estate tax, the
tax base of which was the value of a decedent s properties. The tax retained its
original nature until 1949, but was changed in 1950 to an accession tax in accor-
dance with the recommendations of the Tax Mission led by Dr. Carl Shoup. This
accession tax was imposed on the recipient of inherited properties, gifts, or be-
quests, and the value of properties used as the tax base was computed cumulatively
over the recipient s lifetime. In the 1953 amendments, the accession tax was di-
vided into the inheritance tax and gift tax, and the method of cumulative taxation
was repealed.
The gift tax was imposed to complement the inheritance tax. Without the gift tax,
a decedent could distribute his/her properties to successors prior to his/her death
in order to avoid or lessen the inheritance tax burden.
In 1958, the system of inheritance and gift taxes was revised. Under the former
system, each heir or donee was liable for the tax on property received, and the
distribution of properties among heirs could make a great difference in the inheri-
tance tax burden. In some cases, distribution was made only out of tax considera-
tions.
Under the present system, the amount of inheritance tax is based on the number
of statutory heirs and statutory share of each heir. The table below shows the
status of inheritance and gift tax in 2004.
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Ⅳ Inheritance Tax and Gift Tax
4/2 Taxpayers
1. Tax Base
The inheritance tax is imposed on the total value of all properties (including
acquired properties by gift, on which the taxation system for settlement at time
of inheritance (4/5) is applied) acquired through inheritance or bequest, less
liabilities and funeral expenses. Properties are appraised based on current prices
or values at the time of acquisition.
The following items, however, are not included in the tax base:
a. The amount of such properties acquired through inheritance or bequest by a
person engaged in religious, charitable, scientific, or other activities for the
public welfare when these properties will be used for public purposes.
b. The right to receive payments from mutual aid systems for the handicapped
carried out by local public entities according to their regulations.
c. Life insurance and personal accident insurance proceeds received by heirs
by reason of the decedent s death (maximum: \5,000,000× number of
statutory heirs).
d. Retirement and similar allowances (the payment of which is decided within
three years after the death of the decedent) received by heirs by reason of the
decedent s death (maximum: \5,000,000× number of statutory heirs).
2. Basic Exemption
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Ⅳ Inheritance Tax and Gift Tax
*
The distribution of an estate to statutory heirs as provided for in the Civil Code is as follows:
lineal descendants 1/2 of an estate spouse 1/2
lineal ascendant 1/3 spouse 2/3
brothers and sisters 1/4 spouse 3/4
This portion is equally attributed among heirs of the same category in all instances.
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Ⅳ Inheritance Tax and Gift Tax
⑶ If the heir is a minor under the age of 20, the product of \60,000 multi-
plied by the difference of his or her age and 20 is deductible from such
heir s inheritance tax.
⑷ If the heir is handicapped, the product of \60,000 (\120,000 in the case
of the severely handicapped) multiplied by the difference of his or her age
and 70 is deductible from such heir s inheritance tax.
⑸ If the decedent received the properties by inheritance within ten years
before his or her death, a certain percentage of inheritance tax imposed on
the decedent is deductible from the inheritance tax imposed on the heir who
receives the properties of that decedent.
⑹ In case a successor paid gift tax under the taxation system for settle-
ment at the time of inheritance, the successor can deduct the amount of the
paid gift tax from the inheritance tax imposed at the time of the inheritance
from the donor.
4. Tax Rates
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Ⅳ Inheritance Tax and Gift Tax
5. Special Rules for Calculation of the Tax Base with Respect to Small Sites,
etc.
With respect to certain sites for business (less than 400 ㎡) or certain sites for
residence (less than 240 ㎡), the taxable base is obtained by decreasing 80% or
50% of the respective value.
Note: 1. The total area obtained by redrawing each small-sized residential site as
a business site of a certain size shall not be in excess of 400 ㎡.
2. This system may be used together with the special tax treatment for
special business assets within the limit of the rate for the part less than
the upper limit.
*
See 4/3, 3. d.⑵
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Ⅳ Inheritance Tax and Gift Tax
6. Special Tax Treatment for Calculation of Taxable Value for Special Busi-
ness Assets
a. For stocks without any market price acquired by individuals through in-
heritance, 10% of the taxable value for inheritance tax is reduced (\100 million
maximum).
b. For mountains and forests (growing trees and forest sites) acquired by in-
dividuals through inheritance, 5% of the taxable value for inheritance tax is
reduced.
Note: 1. This system may be used together with the special tax treatment for
small sites within the limit of the rate for the part less than the upper
limit
2. Also for a gift property, based on the taxation system for settlement
at the time of inheritance, the taxable amount can be reduced in
settlement at the time of inheritance under this taxation system
subject to satisfying certain requirements.
1. Tax Base
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Ⅳ Inheritance Tax and Gift Tax
(This amount is included in the tax base for income tax as occasional income.
See 2/3, 2. ⑼.)
b. Properties acquired by a person for living and educational expenses from
relatives who are responsible for supporting him or her.
c. Properties acquired by a person engaged in religious, charitable, scientific,
or other activities for the public welfare that meet certain conditions when the
properties will be used for public purposes.
d. Bounties for science and research granted from certain specific non-profit
trusts.
e. The right to receive payment from mutual aid systems for the handicapped
carried out by local public entities according to their regulations.
f. Political contributions reported under the Public Offices Election Act.
g. The extent up to \60 million of a trust where the beneficiary is severely
handicapped.
2. Basic Exemption
\1,100,000
4. Tax Rates
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Ⅳ Inheritance Tax and Gift Tax
1. Outline
⑴ Donee
Presumed heirs, twenty years old or older, who are the children of the donor
including the children of the heirs in the event they are dead
⑵ Donor
A parent who is sixty-five years old or older (specified donor)
\25 million (applicable for two years or more unless the total deduction
reaches the upper limit)
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Ⅳ Inheritance Tax and Gift Tax
5. Application procedures
* A notice to the effect that this taxation system was selected shall be at-
tached to the declaration of the gift tax submitted during the period from
February 1 to March 15 of the year next to the year of donation.
* In cases notified at the time of the initial donation, application of this
taxation system shall be continued till the time of inheritance.
* Each of the brothers and sisters as donees can separately select this system
for each of their parents (father and mother) as the specified donors.
6. Special cases (applicable till 2007) for acquisition of residence under the
taxation system for settlement at the time of inheritance
1. Returns
a. Inheritance Tax
A person who acquires properties by inheritance or bequest must file a
return within ten months of the date of inheritance.
b. Gift Tax
A person who acquires properties by gift must file a return between 1
February and 15 March of the following year.
2. Tax Payment
a. The inheritance tax and the gift tax must be paid during the filing period or
by the last filing day.
b. Deferment of payment for up to five years for the inheritance tax or the gift
tax is approved in cases where the tax amount exceeds \100,000 and there are
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Ⅳ Inheritance Tax and Gift Tax
reasons for not paying the amount at one time. If real properties and the right
to use land, standing timber, depreciable assets, and non-listed stocks of a
family company, of which the heir and the special concerned person have no
less than 50% of stocks and constitute no less than 50% of the total amount of
inherited properties, the maximum term for payment of the inheritance tax
corresponding to real properties, etc. may be extended to 15 years and that
corresponding to other properties may be extended to 10 years. If real prop-
erties, etc. constitute no less than 75% of the total amount of the properties,
the maximum term for payment of the tax amount is extended to 20 years.
If a taxpayer is permitted to postpone the payment of tax, he or she has to
pay tax interest at the rate of 6.0, 5.4, 4.8, 4.2, 3.6, or 1.2% per annum, as the
case may be. As an exceptional measure, these interest tax rates can be re-
duced when the official discount rate plus 4% is lower than 7.3%.
c. Payment of inheritance tax in kind is approved when it is difficult for the
taxpayer of inheritance to pay in cash. In such a case, payment may be made
with the inherited or bequeathed properties. By the time payment in kind is
completed, interest tax must be paid at the annual rate of 7.3%.
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CHAPTER V
5/1 General
The land value tax was introduced in 1991 and imposed on land holdings in order
to require fair burdens on land holding and to reduce the preference for land among
asset holding measures. After 1998, the imposition of the land value tax was sus-
pended.
5/2 Taxpayers
Individuals and corporations who are owners of land, etc., in Japan are required
to pay this tax.
The tax base is the total amount of the assessment value (the assessed value for
the Inheritance Tax) of all the land (excluding exempted land listed below) held by a
taxpayer as of the first day of each year (taxable period), minus the amount of the
basic deduction.
1. Basic Deductions
2. Exemptions ,etc.
Exemptions and reductions of the assessment value for certain land are
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Ⅴ Land Value Tax
The tax rate is fixed at 0.3%. However, special treatment for 1996 and 1997
(0.15%) is applicable.
Taxpayers are to file returns by October 31 of the relevant year. Half of the tax
account is to be paid by the date mentioned above, and the rest is to be paid by
March 31 of the following year.
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CHAPTER VI
6/1 Taxpayers
1. Value of real estate and ships to be registered, etc., in the case of 1 in 6/2
above.
2. Sum of capital, etc. in the case of 2 in 6/2
3. Number of items to be registered in the case of 3 in 6/2 above.
4. Number of applications for registration and license in the case of 4, 5, or 6 in
6/2 above.
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Ⅵ Registration And License Tax
Tax rates vary according to the type of assets or the type of registration or
license. The tax rates on main items are as follows:
2. Registration of Ships
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Ⅵ Registration And License Tax
4. Registration of Aircraft
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Ⅵ Registration And License Tax
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CHAPTER VII
STAMP TAX
7/1 Taxpayers
The Stamp Tax is imposed on persons who prepare taxable documents such as
deeds of contracts, certificates, etc., listed in Annex I of the Stamp Tax Law.
The Stamp Tax is imposed on each document. Tax rates are as follows:
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Ⅶ Stamp Tax
Among the items above, deeds of contracts \ 50million or less \ 15, 000
concerning contracting for building work in an \ 100million or less \ 45, 000
amount over 10million yen \ 500million or less \ 80, 000
\ 1billion or less \ 180, 000
\ 5billion or less \ 360, 000
Over \5billion \ 540, 000
3. Promissory notes; bills of exchange Less than\100, 000 0
\ 1million or less \ 200
\ 2million or less \ 400
\ 3million or less \ 600
\ 5million or less \ 1, 000
\ 10million or less \ 2, 000
\ 20million or less \ 4, 000
\ 30million or less \ 6, 000
\ 50million or less \ 10, 000
\ 100million or less \ 20, 000
\ 200million or less \ 40, 000
\ 300million or less \ 60, 000
\ 500million or less \ 100, 000
\ 1billion or less \ 150, 000
Over \1billion \ 200, 000
Bills payable on sight, etc. \ 200
(continued)
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Ⅶ Stamp Tax
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Ⅶ Stamp Tax
The Stamp Tax is paid by affixing stamps on a deed, etc., and invalidating the
stamps by seal or signature. The stamps are sold at post offices, etc. Instead of
affixing stamps, the taxpayer may pay the tax in cash and get an imprint placed on
the document by a Tax Office or may file a return and pay the tax after preparing
the documents and so on, if prior approval is given by the Director of a Tax Office.
If a taxpayer fails to pay the tax as required by law, the person is subject to
penalties.
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