|
Requirements for tax exemption Procedures for nonresident individuals and foreign corporations |
|
@ |
| Types of securities |
Coupon-bearing bonds |
T-Bill |
STRIPS** |
| Item subject to tax exemption |
The interest portion of the book-entry transfer JGB that corresponds to the holding period** |
Redemption profit on T-Bill |
Income from holding or transfer of STRIPS |
| Eligible investors*** |
Nonresident individuals/ Foreign corporations |
Foreign corporations | |
| Holding method |
Holding in transfer account at a JGB Book-entry System participant in Japan or in transfer account at a QFI |
||
|
|
| @ | @ | |||
|
* |
@STRIPS means principal-only book-entry transfer JGBs and coupon-only book-entry transfer JGBs. |
|||
| @ | @ | |||
|
** |
@The amount of the interest portion of the book-entry transfer JGB, which corresponds to the period it is held, shall be calculated as below: |
|||
|
@ |
E |
@When
the first day of the holding period of a book-entry transfer JGB by a
nonresident individual or a foreign corporation falls on a day prior to
the first day of the calculation period for interest accrual on the
book-entry transfer JGB: |
||
|
@ |
E |
@When the first day of
the holding period of a book-entry transfer JGB by a nonresident
individual or a foreign corporation falls either on the first day or on
a day after the first day of the calculation period for interest accrual
on the book-entry transfer JGB: |
||
| @ | @ | |||
| @ |
(Note 1) |
@Interest calculation period for coupon-bearing bonds is 6 months. |
||
| @ |
(Note 2) |
@When nonresident individuals or foreign corporations meet the following conditions with respect to book-entry transfer JGBs they have acquired during the interest calculation period, they may add the holding period of the previous holders to their holding period. |
||
| @ | @ | @ | i1j |
@If the book-entry transfer JGB was held in a transfer account by one of the following investors immediately prior to the acquisition: (i) nonresident individuals or foreign corporations (subject to Article 5-2, Paragraph 1 of the Act on Special Measures Concerning Taxation), (ii) public corporations, trustees of public trusts or participant protection trusts (as prescribed in Article 11 of the Income Tax Law), (iii) the following entities who are exempt from the withholding tax on the interest received in accordance with Article 8 of the Act on Special Measures Concerning Taxation: a) financial institutions (as prescribed in Article 8, Paragraph 1 of Act on the Special Measures Concerning Taxation), b) securities firms (Paragraph 2 of the same Article) or c) domestic corporations (Paragraph 3 of the same Article); |
| @ | @ | @ | i2j |
@If the nonresident individual or foreign corporation continues to hold the book-entry transfer JGB in the book-entry transfer account after the acquisition thereof; |
| @ | @ | @ |
i3j |
@If the JGB Book-entry System participant in Japan or the one acting as the upper-positioned participant of the QFI, who records/describes information relating to the book-entry transfer for the nonresident individual or foreign corporation, was notified of the holding period of the previous holder by the JGB Book-entry System participant in Japan or the one acting as the upper-positioned participant of the QFI who had recorded/described information relating to the book-entry transfer for the previous holder, in writing or by means of information communications technology. |
| @ | @ | |||
|
*** |
@Includes
trustees of foreign investment trusts without corporate status as
described below. |
|||
|
||||||||
|
|
|
|
|
|
E |
@If the JGBs are held in a transfer account at a JGB Book-entry System participant in Japan idomestic financial institutions or financial instruments firms and the like which are account management institutions of JGBs; sub-custodiansj, then through the participant, its upper-positioned participants and the BOJ; or |
|
E |
@If the JGBs are held in a transfer account with a QFI, then through the QFI, its upper-positioned participants in Japan and the BOJ. |
| @ |
|
Documents |
Filing timing |
Remarks |
|
Application Form for Withholding Tax Exemption |
When the applicant first intends to be exempt from taxation |
E@An
identification document must be shown upon submission. |
|
Application
Form for Amendment |
If there is a change in the name or address of the applicant after submitting the Application Form for Withholding Tax Exemption, at least one day preceding the date of the first interest payment after the change has been effected |
|
|
Statement of
the Holding Period |
At least one day preceding the interest payment date of the book-entry transfer JGB |
The Statement of the Holding Period may be prepared and submitted by the JGB Book-entry System participant in Japan or the QFI which has received the Application Form for Withholding Tax Exemption. |
|
|
|
|
@ |
@ |
@The documents showing the name of the foreign corporation and other relevant items are submitted to the District Director of the Nihombashi Tax Office by the JGB Book-entry System participant in Japan or the one acting as the upper-positioned participant of the QFI, when the JGB Book-entry System participant in Japan or the QFI had originally conducted the confirmation on the identity of the foreign corporation upon the submission of the Notification. |
|
|
|
Documents |
Filing timing |
Remarks |
|
Notification |
When the entry of the applicant is first made in the transfer account |
E An
identification document must be shown upon submission. |
|
Application Form for Amendment |
Promptly upon a change in the name or address of the applicant after submitting the Notification |
|
|
|
|
|
|
|
|
|
|
@Verification of the Application Form for Withholding Tax Exemption or the Application Form for Amendment |
|
@QFIs
are required to verify with the identification documents, the name and address,
which are described in the Application Form for Withholding Tax Exemption or the
Application Form for Amendment received from nonresident individuals and foreign
corporations (when the submitting entities are trustees of qualified foreign
securities investment trusts, the name and address of the trustees as well as
the name of the qualified foreign securities investment trust is required). |
|
Preparation of the book for each investor |
|
@When information relating to book-entry transfer of JGBs are recorded/described for nonresident individuals or foreign corporations who have submitted the Application Form for Withholding Tax Exemption or an Application Form for Amendment has been submitted, QFIs must record/describe the following information in the book for each investor (in the case of qualified foreign securities investment trusts, for each trustee and for each qualified foreign securities investment trust) every time, and must keep the book for five years following the year in which the closing date of the book falls: |
|
E |
@Name (in the case of qualified foreign securities investment trusts, for each trustee and for each qualified foreign securities investment trust) and address of nonresident individuals or foreign corporations who have submitted the Application Form for Withholding Tax Exemption; |
|
|
E |
@Issue/Description of the book-entry transfer JGBs and redemption amount for each issue/description; |
|
|
E |
@Date in accordance with the classification mentioned below: |
|
|
@ |
a |
@(When book-entry transfer JGB is acquired) the date when the information relating to the book-entry transfer are recorded/described for such acquisition; |
|
@ |
b |
@(When book-entry transfer JGB is transferred) the date when the information relating to the book-entry transfer are recorded/described for such transfer; |
|
@ |
c |
@(When redemption for book-entry transfer JGB is made) the date when the information relating to the book-entry transfer are recorded/described for such redemption; |
|
@ |
d |
@(When the person who submitted the Application Form for Withholding Tax Exemption changes its name or address after the submission) the date when the information relating to the book-entry transfer are recorded/described for such change; |
|
E |
@Interest payment date for each issue/description of book-entry transfer JGBs and the amount thereof; |
|
|
E |
@(Where the holding period of a book-entry transfer JGB can be aggregated) the name of the JGB Book-entry System participant in Japan or QFI who recorded/described information relating to the book-entry transfer for the previous holder and the first date of the holding period of the previous holder; |
|
|
E |
@(In the case of a nonresident individual with residence in Japan) any address or location outside Japan; |
|
|
E |
@(In the case of a foreign corporation operating a Japanese branch or plant, etc.) the address of head office or main office outside Japan; and |
|
|
E |
@Other relevant information |
|
| @ |
|
Notice of information recorded/described in the book for each investor |
|
@QFIs
are required to notify to the JGB Book-entry System participant acting as the
upper-positioned participant of the QFI of the information recorded/described in
the book for each investor on a periodic basis in writing or by any other means
using information communications technologies. |
|
Verification of the Statement of the Holding Period |
|
@QFIs
are required to verify the information described in the Statement of the Holding
Period submitted by nonresident individuals or foreign corporations, with the
information recorded/described in the book for each investor. |
|
|
|
Verification of the Notification or the Application Form for Amendment |
|
@QFIs
are required to verify the name and address described in the Notification or the
Application Form for Amendment received from a foreign corporation with the
identification documents, and specify/note the documents in the book with which
the QFIs has conducted such verification. In addition, the QFIs are required to
keep the book for five years following the year in which the closing date of the
book falls. |
|
Submission of documents certifying that identity has been verified |
|
@When
QFIs have verified the Notification or the Application Form for Amendment, such
QFIs are required to submit the document certifying that identity has been
verified and a copy of the identification document to the JGB Book-entry System
participant in Japan acting as the upper-positioned participant of the QFI. |
|
Preparation of the book for each investor |
|
@When the information relating to book-entry transfer of T-Bill or STRIPS are recorded/described for each foreign corporation, QFIs must record/describe the following information in the book for each foreign corporation every time. The QFIs are also required to keep the book for five years following the year in which closing date of the account books falls: |
|
E |
@Name and address of the foreign corporation for whom the information relating to the book-entry transfer are recorded/described; |
|
|
E |
@Issue/Description of T-Bill or STRIPS; |
|
|
E |
@Information in accordance with the classification mentioned below: |
|
|
@ |
a |
@ (When T-Bill or STRIPS are acquired) the date when the information relating to the book-entry transfer are recorded/described for such acquisition; |
|
@ |
b |
@(When T-Bill or STRIPS are transferred) the date when the information relating to the book-entry transfer are recorded/described for such transfer; |
|
@ |
c |
@(When the payment of a redemption or interest arising from T-Bill or STRIPS is received) the date when the information relating to the book-entry transfer are recorded/described for such redemption or interest payment; |
|
@ |
d |
@(When a foreign corporation who submitted the Notification changes its name or address) the date when the information relating to the book-entry transfer are recorded/described for such change; |
|
E |
@Payment date of redemption or interest arising from T-Bill or STRIPS per issue/ description and the amount thereof; |
|
|
E |
@(When T-Bill or STRIP are acquired midway between the issuance date and the maturity date) the name of the JGB Book-entry System participant in Japan or QFI which recorded/described information relating to the book-entry transfer for the T-Bill or STRIPS for the previous holder; |
|
|
E |
@(In the case of a foreign corporation operating a Japanese branch or plant, etc.) the address of head office or main office outside Japan; and |
|
|
E |
@Other relevant information |
|
| @ |
|
Notice of information recorded/described in the book for each investor |
|
@QFIs are required to notify the JGB Book-entry System participant acting as the upper-positioned participant of the QFI of the information recorded/described in the book for each investor on a periodic basis in writing or by any other means using information communications technologies. |
|
|
|
|
|
|
|
Verification of the Application Form for Withholding Tax Exemption or the Application Form for Amendment, the preparation of the book for each investor, the verification of the Statement of the Holding Period, etc |
|
@When a transfer account
is directly opened by a nonresident individual or a foreign corporation with JGB
Book-entry System participants in Japan (without going through a QFI), these
procedures should be undertaken by the JGB Book-entry System participants in
Japan. Please refer to the Role of QFIs for detailed explanation of these procedures. |
|
Preparation of the book for each investor upon receiving notice from QFIs |
|
@ When JGB Book-entry System participants in Japan are notified by the QFIs with the information recorded/described in the book for each investor, the JGB Book-entry System participants in Japan must record/describe the information so notified for each investor (in the case of trustees of qualified foreign securities investment trusts, for each trustee and for each qualified foreign securities investment trust) for every notification, and must keep the book for five years following the year in which the date of record/description falls. |
|
|
|
@Once
a foreign corporation has submitted the Notification relating to T-Bill or
STRIPS, the Application Form for Withholding Tax will be deemed to have been
submitted under the following condition: |
|
Verification when JGB Book-entry System participants in Japan have received the Statement of the Holding Period from QFIs |
|
@When JGB Book-entry System participants in Japan have received the Statement of the Holding Period or any document as an alternative of this from the QFIs, participants must verify the information described on the Statement or the document with the book for each investor. |
|
|
|
@ JGB Book-entry System participants in Japan or those acting as the upper-positioned participant of the QFI must, as a general rule, submit the payment record with regard to the interest payment to the District Director of the Nihombashi Tax Office by January 31 of the year following the year in which the interest payment date falls (where certain requirements are met, by the end of the next month following the month in which the payment date falls). Furthermore, provided that the District Director has approved, the payment records may be submitted in the form of optic fiber disk, magnetic tape or magnetic disk. |
|
|
|
Verification of the Notification or the Application Form for Amendment |
|
@When
a transfer account is directly opened with JGB Book-entry System participants in
Japan (without going through a QFI), these procedures should be undertaken by
the JGB Book-entry System participants in Japan. Please refer to the
Role of QFIs for detail explanation of these procedures. |
|
Keeping the Notification etc. received from QFIs |
|
@When
JGB Book-entry System participants in Japan have received the Notification or
the Application Form for Amendment, document certifying that identity has been
verified and a copy of the identification document from the QFIs, such
participant must keep them for five years following the year in which the
acceptance date of such documents falls. |
|
Preparation of the book for each investor upon receiving notice from a QFI |
|
@When JGB Book-entry System participants in Japan are notified of the information recorded/described in the book for each investor by the QFIs, the JGB Book-entry System participant in Japan must record/describe the information so notified in the book for each investor for every notification and must keep the book for five years following the year in which the date of such record/description falls. |
|
|
|
@ JGB Book-entry System participant in Japan or the one acting as the upper-positioned participant of the QFI must, as a general rule, submit to the District Director of the Nihombashi Tax Office, the payment record for each foreign corporation who receives payment of consideration for the transfer of T-Bill or STRIPS or payment of the redemption amount or interest, stating the name and address of the foreign corporation receiving the payment and the amount thereof, by January 31 of the year following the year in which the payment date falls (in the case of payment of the transfer, the date when the payment is finalized and when the person making the payment is a QFI, the date when the JGB Book-entry System participant acting as the upper-positioned participant of the QFI has received notice from the QFI) (where certain requirements are met, by the end of the month following the month in which the payment date falls). Furthermore, when the District Director has approved, they may submit the payment records in the form of optic fiber disk, magnetic tape or magnetic disk. |
|
|