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For those individuals spending significant time in multiple jurisdictions, their domicile will be determined based on a number of factors such as location of the family, length of stay, occupational status, housing arrangements and so on. Non-resident A non-resident foreign national is any person who stays in Japan for less than a year and is not a resident , including temporary visitors.
Taxable income and taxes Permanent residents are subject to tax on their worldwide income. From 1 January , non-permanent residents are taxed on all income other than foreign-sourced income that is not remitted into Japan. Taxable income generated by a resident is subject to a national income tax, a local inhabitants tax and, if the foreign national is self-employed, a local individual enterprise tax, which are calculated based on the taxable income for the relevant calendar year.
An individual who is a resident registered with the local Ward Office on 1 January of any year will be required to pay the local inhabitants tax for the previous year. An earthquake reconstruction surtax of 2.
There is no special foreign national tax regime in Japan. Investment restrictions Are there any restrictions on foreign ownership and investment in specific industry sectors? Do any formalities, permit or notification requirements apply?
The Japanese government has placed relatively few restrictions on inbound foreign investment. There are no export-balancing or trade-related requirements on foreign firms or nationals who desire to invest in Japan and prior legal restrictions on specific economic sectors have been removed or significantly liberalised.
With respect to the following sensitive sectors of the Japanese economy, six-month's prior notification is required and the Ministry of Finance can restrict FDI with respect to them in the event that it finds that investment would "undermine national security, disrupt public order, impinge on public safety or have serious effects on the smooth operation of the national economy":.
Petroleum, utilities and nuclear energy. Aviation, aerospace and maritime transport. FDI in the banking, insurance, energy, electricity, security and pharmaceutical sectors is subject to licensing by the competent government agency. Does the government retain and exercise control over certain industry sectors? If so how? For many years in Japan, all gambling activities in the private sector, whether online or otherwise, were punishable as criminal offences under the Penal Code.
However, the Integrated Resort Promotion Law enacted in and its implementing legislation legalised non-online gambling conducted by licensed casino business operators. Online gambling remains illegal in Japan and only the Japanese government or government-affiliated corporations or local governments can operate horse, bicycle, motorcycle and motorboat race betting and lotteries.
In other areas traditionally closed to FDI, Japan has greatly liberalised private ownership of public infrastructure see Question 2 on the Kansai International Airport , and mail delivery, although general mail delivery is still operated by the government-affiliated Japan Post Holdings Co Ltd.
Are there restrictions on foreign ownership or occupation of real estate? There are no generally applicable restrictions on the purchase, ownership or disposition of real estate in Japan by foreign nationals. A foreign national purchaser does not need residency status and the property title can be registered to a non-Japanese address. However, for non-residents, a report must be submitted to the Minister of Finance within 20 days following the purchase of real estate under the Foreign Exchange and Foreign Trade Act, unless the purchase is made for the following reasons:.
Use for the purpose of engaging in non-profit business in Japan. Use as an office and not for investment purposes. Local ordinances may also require filings prior to a purchase. Are there any minimum capital requirements for foreign investment? In general, no capital requirements exist for the establishment of a representative or branch office of a foreign company and, theoretically, the two most commonly used corporate vehicles for establishing a subsidiary in Japan, the joint stock company kabushiki kaisha and the limited liability company godo kaisha , can be established with JPY1 of paid-in capital.
Practically, however, some level of paid-in capital will be necessary. To maintain the stability of the financial system and to protect consumers, minimum capital requirements, minimum net-asset requirements or minimum collateral requirements have been established with respect to companies engaging in the provision of financial, payment, insurance and other related services, including under the following:.
Banking Act. Financial Instruments and Exchange Act. For example, a minimum capital requirement of JPY10 million has recently been established for domestic digital currency exchanges operating in Japan. All required capital must be maintained in Japan.
Are there any exchange control or currency regulations? Are there any restrictions on the remittance of profits abroad? The Japanese Yen is the world's third most frequently traded currency, behind only the US dollar and the euro. Remittances of money from Japan are generally permitted except in limited cases involving restrictions under the FEFTA. Permission from the Ministry of Finance is required, for example, for remittances intended for investment into, or loans to a non-resident of Japan in connection with industries such as:.
Leather production and leather products. Weapons manufacture and weapons-related facilities. Remittances in excess of JPY30 million made to a foreign country or by a Japanese resident to a non-resident requires an after-the-fact report to the Ministry of Finance, both through the Bank of Japan and the remitting bank, subject to certain exceptions.
Other restrictions apply to remittances to parties designated as terrorists and to remittances relating to nuclear power and weaponry. Imports Are there any restrictions on the importation of commercial goods? The following is a non-exhaustive list of examples of statues that prohibit or restrict the import of certain categories of goods, for example, by requiring permission or approval from the relevant authority:. Customs Act. Goods that are prohibited from being imported into Japan under the Customs Act include:.
Plant Protection Act. Specific pests, soil and plants imported from or through specific areas or countries are prohibited from being imported into Japan under the Plant Protection Act. Certain plants can also be subject to quarantine, and their import subject to certification and confirmation by customs authorities.
Infectious diseases are controlled through prohibiting the import of certain goods, or goods from certain areas or countries. Infectious diseases over which prohibition is directed include rinderpest, foot-and-mouth disease, and African swine fever.
Other temporary measures can be taken in relation to the emergence of new infectious diseases. Certain animals and livestock products are also subject to quarantine. The import of medical and pharmaceutical products, quasi-drugs, cosmetic products and medical equipment is possible only with permission from the Ministry of Health, Labour and Welfare. Similarly, the import of animal drugs requires permission from the Ministry of Agriculture, Forestry and Fisheries.
Food Sanitation Act. A filing with the Ministry of Health, Labour and Welfare is required for each import of certain products for sale or commercial use, including food products, food additives, equipment used for processing, storing, carrying, or displaying foods, certain containers and packaging for food and food additives, and certain baby and toddler toys.
This documentation must be presented to customs authorities on import and a quarantine process may apply. FEFTA also restricts the assignment of patents, trade marks and other industrial property rights by requiring certain filings through the Bank of Japan with the Ministry of Finance and other ministries with jurisdiction over the relevant industry.
What import duties apply to commercial goods? Customs duties and national and local consumption taxes are payable on imported commercial goods provided in Japan. Goods imported into the customs zone in Japan can only be moved from the customs zone after completing an import declaration. The consignee under an invoice must pay customs duties before removing goods from the customs area. These duties are determined according to the value or volume specified in the import declaration, depending on the nature of the goods.
A customs tariff schedule providing the tax rate for each imported item is set out in the Customs Tariff Law and other relevant regulation. About one-third of the items listed in the schedule are duty free. An advance ruling system is available under which importers can make written inquiries to customs authorities with regard to certain imports. General consumption taxes applicable to goods are calculated based on their value. Certain goods such as liquor, tobacco, volatile oils, petroleum, gas, and petroleum coal attract additional duties.
Are the safety regulations and standards applicable to commercial goods in your jurisdiction compatible with other standards that are recognised internationally? In general, safety regulations and standards applicable to commercial goods and services in Japan are not more onerous than internationally recognised standards.
As a result, under these arrangements, Japan does not establish prohibitive safety regulations and standards. However, regulations and standards that are more onerous than international standards may exist for specific products or industries. Importers of commercial products into Japan must consult with the relevant authority with jurisdiction over the products or industries to confirm the applicable safety regulations.
Are there any similar or equivalent restrictions on providing services into another jurisdiction? Certain business regulations on providing services apply to service providers in Japan regardless of whether their customers are based in Japan or in foreign countries.
For example, the Financial Instruments and Exchange Act applies to financial investment-related service providers providing services to customers in foreign countries as well as to customers in Japan. These service providers must have relevant licences and are subject to various conduct rules for the purposes of customer protection.
Structuring and tax How is foreign investment into your jurisdiction typically structured? What forms of legal vehicle are attractive to foreign investors? Representative office A representative office is the simplest structure for establishing a presence in Japan. It can be used to perform market research, promotion and advertisement or other preparatory activities prior to the full launch of a business in Japan.
Business beyond these preparatory activities is not permitted. Filing with the relevant authority may be required depending on the industry or business. For example, notification to the Financial Services Agency is required with respect to banking business. However, registration with the local legal affairs bureau, which is required in relation to other structures, is not required.
Branch office A second way to conduct limited operations in Japan without establishing a Japanese legal entity is through a branch office. A branch office does not have an independent judicial personality and conducts business in Japan through decisions made at headquarters located outside Japan. This is the simplest structure in which to conduct business in Japan because it is not necessary to establish articles of incorporation or to comply with statutes concerning internal procedures and other internal control issues.
However, because it conducts business in Japan, certain matters concerning the branch must be registered with the relevant legal affairs bureau and made public under the Companies Act. A branch must have at least one representative who is resident in Japan. Limited liability stock company kabushiki kaisha The most common corporate structure in Japan is the kabushiki kaisha KK , a limited liability stock company, with internal organisation and operation set out under the Companies Act.
A KK must have at least one shareholder and one director. However, it is common for a KK to have a board of directors consisting of three or more directors. It is no longer required that a representative director of the KK be resident in Japan. When a foreign investor establishes a KK as its Japanese subsidiary, corporation tax is payable on the income of the KK in Japan.
Dividends to shareholders are also taxable. Therefore, there are fewer tax benefits available to a KK compared to other structures. Certain measures can be taken to avoid double taxation, such as excluding dividends from the taxable income of the shareholder if the shareholder is a Japanese entity.
In addition, exemptions or reductions may be available under tax treaties if the shareholder is a foreign corporation or not resident in Japan. Limited liability company godo kaisha A godo kaisha GK is also established under the Companies Act, and like a KK is a limited liability company in which the members are liable only to the extent of their investment into the GK's capital. The incorporation procedures are simpler in comparison to a KK, and a GK has more flexible internal control under its articles of incorporation.
As with the KK, there is no longer a requirement that at least one representative director is resident in Japan. Tax treatment for a GK is generally the same as for a KK, in that net income earned by the GK and profit distributions to its members are taxed. A GK is often used with a profit sharing agreement investment scheme tokumei kumiai TK.
By entering into a TK agreement and forming a TK in which a GK is a business operator, the profits to be distributed to members under the TK agreement can be deducted from the taxable income of the GK, acting as a pass-through to its members. Profits distributed to non-resident members or foreign corporations are treated differently depending on whether the member has a permanent establishment in Japan.
Other Unlimited partnerships gomei kaisha and limited partnerships goshi kaisha are also corporations recognised under the Companies Act, but both types are formed by equity participants who have unlimited, rather than limited, liability and are seldom used by non-Japanese.
What are the circumstances under which a business becomes liable to pay tax in your jurisdiction? When a company has a representative office, the representative individual's domestic source income including the income earned as a representative is taxed in Japan, but generally the representative office is not regarded as a permanent office and therefore is not be subject to corporation taxes.
From 1 April , a branch office is deemed to be independent of its foreign head office for the purposes of calculating the taxable income attributable to the Japanese branch. An incorporated entity in Japan, whether a limited liability stock company, limited liability company or any other type, must pay taxes in Japan on its worldwide income. What are the main business tax rates? Income generated from a corporation's business activities are liable to:.
Corporate tax. Tax rates depend on the corporate structure and amount of income. In addition, the company is liable for corporate inhabitant tax, enterprise tax and special local corporation tax at rates that vary depending on the size and location of the company. For example, a corporation located in Tokyo with paid-in capital of over JPY million will pay these taxes at the rates of 3.
In addition to corporate tax, consumption tax is payable on domestic transactions and transactions involving the importation of goods or services. Tax returns must be filed with respect to payment of corporation tax and consumption tax. Stamp duties are payable for documents satisfying certain conditions, for example:. Land sale and purchase agreements. The amount of duty payable depends on the classification of the relevant documents and the contract amount under the documents.
Stamp duties are paid by purchasing revenue stamps. Failure to pay stamp duties does not render a document unenforceable or inadmissible. However, penalties apply for non-payment. What is the tax treatment in your jurisdiction of profits from an investee company remitted outside your jurisdiction by an investor?
When a corporation pays retained income after tax to a foreign parent corporation as a distribution of profits, the dividend is also taxable in Japan. The dividend is regarded as a payment of domestic source income subject to tax withholding in Japan. At the time of the payment to a foreign parent corporation or non-resident shareholder, the resident corporation must withhold the income tax and pay the taxes on behalf of the foreign corporation or non-resident.
If remittance is not made within one year of the determination date of the dividend, it is treated for tax purposes as having been paid one year from its declaration. Withholding at source also applies when a non-resident member of a partnership receives a distribution of profits under a partnership agreement.
Payment is treated as having been made two months from the end of the calculation period, even if the payment was not actually made by that date. For a branch of a foreign corporation, no taxes are generally payable when transferring funds to its foreign headquarters, where these funds come from profits that have already been subject to corporation taxes as domestic source income, and therefore no withholding tax is payable on the remittance.
Dividends may be exempt from withholding tax, or be subject to reduced withholding tax, under the provisions of a tax treaty applicable to the country of the non-resident. However, the non-resident must make a filing, through the payer, with the relevant local Japanese tax office.
Transfer pricing rules apply in Japan. The calculation method for transfers between affiliated companies is in line with the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations , and in addition to the three basic methods of the comparable uncontrolled price method, resale price method and cost plus method.
The transactional net margin method and profit split method can also be used. It is possible to obtain a prior confirmation from the relevant tax authority to the effect that a particular inter-company transaction is made at a certain price. Thin capitalisation restrictions also apply. These restrictions apply when the amount of loans that a domestic corporation takes out from a foreign controlling shareholder is more than triple its equity capital, or if the aggregate amount of the debts owed by the domestic corporation is more than triple its equity capital.
In these cases, the interest paid by the domestic corporation to its foreign controlling shareholder for the amount in excess of three times its equity capital cannot be deducted from taxable income as an expense.
A permissible ratio of loan-to-equity capital can be reasonably determined by comparing domestic corporations engaging in similar industries, if certain conditions are satisfied. Incentives What tax incentive or other schemes exist to encourage foreign investment?
There are a number of tax incentives on both the national and local levels that are available to foreign investors into Japan, although these incentive schemes were not created solely to benefit foreign investors but are broadly available to all companies in Japan. These incentives include the following:. Tax incentives for comprehensive special zones.
The Japanese government has designated special zones throughout Japan intended to strengthen regional development and international competitiveness. It offers tax benefits in the form of special depreciation rules and other deductions relating to investments in equipment and facilities relating to special sectors. In particular, the government is interested in promoting electronics, telecommunications, finance, medical and other cutting-edge industries through these tax-related incentives.
Tax incentives for strengthening local business. Japanese and local governments have established tax incentives with respect to both national and local taxes for establishing, expanding or relocating corporate headquarters outside of the Tokyo Metropolitan area.
The leading international suppliers are the U. Several other countries play important roles, including Canada and South Korea. U only makes up 0. Uranium conversion, enrichment and fabrication are sophisticated technical processes that are handled at a small number of facilities around the world.
Fuels for nuclear reactors are highly specialized and tied to specific reactor designs. All of these factors make nuclear supply chains more complex, less competitive and harder to shift rapidly than other energy types, such as oil and gas. And since key materials and technologies for civilian nuclear power can also be used to produce weapon-usable nuclear materials, international nuclear sales are subject to strict export controls and trade restrictions. Compared to other mined commodities such as cobalt, world uranium resources are spread reasonably widely.
However, much of the milled uranium from Kazakhstan travels through Russia before it is exported to global markets. Other parts of the supply chain also route through Russia. Only a handful of facilities in the world convert milled uranium into uranium hexafluoride; Russia produced approximately one-third of the supply , much of it made with uranium from Kazakhstan.
There is some spare capacity in the U. Before it invaded Ukraine, Russia had a national strategy to increase its nuclear energy exports. It is a leading supplier of nuclear reactors, building plants abroad and then providing their fuel. Its customers include former Soviet states and Warsaw Pact members like Ukraine and Hungary, along with new nuclear power users such as Egypt.
Many European countries buy converted or enriched Russian uranium, and China is a growing market for Russian nuclear exports. Then in and early , market speculation and domestic protests in Kazakhstan pushed prices up. Uranium is not openly traded on markets, so not all prices are public. The Biden administration reportedly is considering nuclear sanctions on Russia. Many U. If Russia retaliates against Western pressure by withholding converted or enriched uranium, we estimate that plants in the U.
Some U. Utilities will face higher prices if they turn to Europe, Japan or China for uranium conversion or enrichment services. What about uranium supplies? Western producers — notably, Canada and Australia — have large reserves that would be economic to mine at current price levels. And some U.
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FDI stock in Japan increased to The FDI stock in Japan at the end of reached a new high of The ratio of the balance to GDP increased from 5. The stock at the end of the second quarter of was estimated to be FDI Stock in Japan.
By industry, non-manufacturing industry accounted for Looking at detailed industries, the stock of finance and insurance was 9. English 5. Contact Us. Investing in Japan. Inquiry Form. Overseas Offices. Follow Us. Share on. Please refresh the page to obtain the latest values. The information and other content on this site may be revised, or its publication terminated without prior notice. Accordingly, users are permitted to access and use the data or other information solely for legitimate, non-commercial purposes.
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