Order for Enforcement of the Income Tax Act

A Resident who has obtained a certificate set forth in Article 206, paragraph (1) (Remuneration or Fees Exempt from Withholding) of the Act must, in the case falling under paragraph (2) of that Article, attach the certificate to a written notice stating the following matters and submit these to the competent district director with jurisdiction over the place for tax payment:

the person's name and domicile (or residence, where the person has no domicile in Japan);

the fact that the person will no longer satisfy the requirements prescribed in Article 206, paragraph (1) of the Act;

other matters useful for reference purposes.

A Resident who has obtained the certificate prescribed in the preceding paragraph must, where the Resident changes the Resident's name, domicile or residence after obtaining it, attach the certificate to a written notice stating the name before the change and the name after the change, or the domicile or residence before the change and the domicile or residence after the change, and submit these to the competent district director with jurisdiction over the place for tax payment. In this case, when that submission has been made, that district director is to issue a new certificate.

The district director who has given the notice under Article 206, paragraph (3), item (iii) of the Act is to publicly announce that fact without delay.

The pensions specified by Cabinet Order prescribed in Article 207 (Obligation to Withhold Taxes) of the Act are to be pensions distributed as residual assets prescribed in Article 89, paragraph (6) (Liquidators, etc.) of the Defined-Benefit Corporate Pension Act, made on or after the time of the rescission, on the basis of the plan rules pertaining to the contract-type corporate pension prescribed in Article 102, paragraph (3) or (6) (Supervision of Employers, etc. or Federations) of that Act, the approval of which has been rescinded pursuant to those provisions; pensions distributed as residual assets prescribed in Article 89, paragraph (6) of that Act, made on or after the time of the order, on the basis of the plan rules prescribed in Article 11, paragraph (1) (Matters Stipulated in the Rules of a Fund) of that Act of the corporate pension fund prescribed in Article 102, paragraph (6) of that Act that has received an order of dissolution pursuant to the provisions of that paragraph; and benefits listed in Article 76, paragraph (2), item (i) (Lump-Sum Payments Based on Retirement Allowance Mutual Aid Systems, etc. That Are Not Deemed to Constitute Severance Pay or Other Such Compensation) that are paid as a pension.

The contracts specified by Cabinet Order prescribed in Article 207, item (iii) of the Act are to be the following contracts:

an insurance policy under which insurance proceeds are paid on account of bodily injury, concluded by a casualty insurance company prescribed in Article 2, paragraph (4) (Definitions) of the Insurance Business Act or a foreign casualty insurance company, etc. prescribed in paragraph (9) of that Article, or by a life insurance company prescribed in paragraph (3) of that Article or a foreign life insurance company, etc. prescribed in paragraph (8) of that Article (excluding those listed in Article 77, paragraph (2), item (i) (Earthquake Insurance Premium Deduction) of the Act and those concluded outside Japan by that foreign casualty insurance company, etc. or that foreign life insurance company, etc.);

a contract pertaining to life mutual aid concluded by a business cooperative or small business cooperative that carries out the mutual aid business prescribed in Article 9-2, paragraph (7) (Business Cooperatives and Small Business Cooperatives) of the Small and Medium-Sized Enterprise Cooperatives Act (referred to as "mutual aid business" in item (vi)), or by a federation of cooperatives (those business cooperatives, small business cooperatives and federations of cooperatives are referred to as "business cooperatives, etc." in that item) (excluding those that fall under the contracts listed in Article 210, item (iv) (Scope of Life Mutual Aid Contracts or Similar Contracts));

a contract pertaining to mutual aid for bodily injury or the payment of medical expenses, concluded by an agricultural cooperative or a federation of agricultural cooperatives that carries out the business prescribed in Article 10, paragraph (1), item (x) (Facilities Concerning Mutual Aid) of the Agricultural Co-operatives Act;

a contract pertaining to mutual aid for bodily injury, concluded by a fishery cooperative or fishery processing cooperative that carries out the business prescribed in Article 11, paragraph (1), item (xii) (Types of Business) or Article 93, paragraph (1), item (vi)-2 (Types of Business) of the Fishery Industry Cooperative Act, or by a mutual aid federation of fishery industry cooperatives;

a contract pertaining to mutual aid for bodily injury, concluded by a federation of consumer cooperatives that carries out the business prescribed in Article 10, paragraph (1), item (iv) (Types of Business) of the Consumer Cooperatives Act;

a contract pertaining to mutual aid for bodily injury or the payment of medical expenses, concluded by a business cooperative, etc. that carries out the mutual aid business;

in addition to the contracts listed in Article 77, paragraph (2), item (ii) of the Act and items (iii) through the preceding item, a contract pertaining to mutual aid for fire damage or natural Disasters, or mutual aid for bodily injury or the payment of medical expenses, concluded by a corporation that carries out a business relating to mutual aid based on the provisions of laws, the business and contract content of which are equivalent to the contracts listed in those provisions.

The amount calculated as specified by Cabinet Order prescribed in Article 208 (Amount of Taxes Withheld) of the Act is to be the amount calculated, according to the category of pension listed in the following items, by multiplying the amount of that pension by the ratio specified in the relevant item:

the pension based on a life insurance contract (meaning the life insurance contract prescribed in Article 183, paragraph (3), item (i) (Insurance Premiums, etc. Deducted in the Calculation of the Amount of Miscellaneous Income Pertaining to Annuities under Life Insurance Contracts, etc.); the same applies in the following item), a former postal life insurance policy (meaning the former postal life insurance policy prescribed in Article 183, paragraph (3), item (i)), or a contract pertaining to life mutual aid, out of the contracts listed in Article 76, paragraph (6), items (i) through (iv) (Life Insurance Premium Deduction) of the Act, the pension prescribed in paragraph (1), or the pension based on a contract pertaining to life mutual aid listed in item (ii) of the preceding paragraph: the ratio prescribed in paragraph (1), item (ii) of Article 183 that is calculated without applying the provisions of paragraph (4) of that Article to the amount listed in Article 183, paragraph (4), item (iii);

the pension based on a contract listed in Article 76, paragraph (6), item (iv) of the Act other than a life insurance contract, a contract listed in the items of Article 77, paragraph (2) of the Act, or a contract listed in the items of the preceding paragraph (excluding item (ii)): the ratio prescribed in paragraph (1), item (ii) of Article 184 that is calculated without applying the provisions of paragraph (3) of that Article to the amount listed in Article 184, paragraph (3), item (i) (Insurance Premiums, etc. Deducted in the Calculation of the Amount of Miscellaneous Income Pertaining to Non-Life Insurance Pensions, etc.).

The amount calculated as specified by Cabinet Order prescribed in Article 209, item (i) (Pensions Exempt from Withholding) of the Act is to be the amount calculated, according to the category of pension listed in the items of the preceding paragraph, by multiplying the annual amount of that pension by the ratio specified in the relevant item.

The amount specified by Cabinet Order prescribed in Article 209, item (i) of the Act is to be 250,000 yen.

The contracts specified by Cabinet Order prescribed in Article 209, item (ii) of the Act are to be the following contracts:

among contracts in which the person receiving payment of a pension based on a contract prescribed in Article 207 of the Act (hereinafter in this paragraph referred to as the "annuity recipient") and the policyholder prescribed in Article 209, item (ii) of the Act (hereinafter in this paragraph referred to as the "policyholder") are different (excluding contracts pertaining to the group insurance prescribed in item (iii)), those other than contracts under which, on or after the day on which an event giving rise to the payment of insurance proceeds, mutual aid benefits or other benefits under that contract (hereinafter in this paragraph referred to as "insurance proceeds or similar benefits") (limited to an event pertaining to that annuity recipient; hereinafter in this paragraph referred to as the "payment event") has occurred, those insurance proceeds or similar benefits are to be paid as a pension;

among contracts in which the annuity recipient and the policyholder are the same, those under which the policyholder has been changed due to the occurrence of a payment event for insurance proceeds or similar benefits under that contract, other than contracts under which, on or after the day on which that payment event occurred, those insurance proceeds or similar benefits are to be paid as a pension;

among contracts pertaining to group insurance (meaning insurance under which, in the general terms and conditions, the representative of a group is to be the policyholder and persons belonging to that group are to be insured persons prescribed in Article 2, item (iv) (Definitions) of the Insurance Act (Act No. 56 of 2008) (hereinafter in this item referred to as "insured person")) in which that insured person and the annuity recipient under that contract are different, those other than contracts under which, on or after the day on which a payment event for insurance proceeds or similar benefits under that contract occurred, those insurance proceeds or similar benefits are to be paid as a pension.

The agreements specified by Cabinet Order prescribed in Article 210 (Obligation to Withhold Taxes) of the Act are to be the agreements prescribed in Article 288 (Scope of Agreements Equivalent to a Silent Partnership Agreement).