Order for Enforcement of the Income Tax Act

An application to exempt savings from taxation must state that the submitter wishes to receive the application of the provisions of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act, and the following matters:

the submitter's name, date of birth, and domicile;

the fact that the submitter falls under the category of a Person with a Disability or other eligible person;

the type of those deposits and similar savings that the submitter has stated in the statement of tax-exempt savings submitted via the business office of that financial institution or other such place;

the amount of the deposits and similar savings set out in the preceding item that are to be placed and for which the submitter wishes to receive the application of Article 10, paragraph (1) of the Act (where those deposits and similar savings are Securities, their face value or equivalent amount);

other matters useful for reference purposes.

An application to exempt savings from taxation must be submitted to the business office of the financial institution or other such place where the placement is made, each time a placement is made of deposits and similar savings for which the submitter wishes to receive the application of the provisions of Article 10, paragraph (1) of the Act.

The business office of a financial institution or other such place must not accept an application to exempt savings from taxation submitted by an individual if the name, date of birth, and domicile and the fact of falling under the category of a Person with a Disability or other eligible person stated in it differ from the name, date of birth, and domicile and the fact of falling under the category of a Person with a Disability or other eligible person stated or recorded in the documents prescribed in Article 10, paragraph (2) of the Act or the electronic certificate for signature or similar record presented or transmitted pursuant to the provisions of that paragraph, and from the name, date of birth, and domicile stated in the statement of tax-exempt savings pertaining to that person (where a notice prescribed in Article 43, paragraph (1) (Notice of Change Concerning Tax-Exempt Savings) has been submitted, the changed name and domicile stated in that notice).

Where an individual places deposits and similar savings for which the individual wishes to receive the application of the provisions of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act, if the placement is based on a contract pertaining to an ordinary deposit or other deposits and similar savings specified by Ministry of Finance Order (hereinafter referred to as an "ordinary deposit contract, etc." in this Article), the individual may state, in the application to exempt savings from taxation that the individual submits at the time of the placement, in lieu of the matters listed in paragraph (1), item (iv) of the preceding Article, the category of the deposits and similar savings specified by Ministry of Finance Order that are to be placed under the ordinary deposit contract, etc. and the limit amount pertaining to the current balance of those deposits and similar savings (in the case of Securities, the current balance calculated on the basis of face value or equivalent amount; the same applies hereinafter in this Article).

Where an application to exempt savings from taxation with a statement made under the provisions of the preceding paragraph has been submitted, if it becomes necessary to change the limit amount pertaining to the current balance of those deposits and similar savings, the changed limit amount is to be stated in an application to exempt savings from taxation submitted thereafter.

Where an application to exempt savings from taxation with a statement made under the provisions of paragraph (1) has been submitted for deposits and similar savings for which the submitter wishes to receive the application of the provisions of Article 10, paragraph (1) of the Act, notwithstanding the provisions of paragraph (2) of the preceding Article, submission of an application to exempt savings from taxation is not required for those deposits and similar savings until their current balance reaches the limit amount pertaining to the current balance of those deposits and similar savings stated therein (where an application to exempt savings from taxation with a statement made under the provisions of the preceding paragraph has been submitted, after its submission, the changed limit amount).

Where an individual who has submitted an application to exempt savings from taxation with a statement made under the provisions of paragraph (1) or (2) ceases, after its submission, to fall under the category of a Person with a Disability or other eligible person, the individual must, without delay, submit to the business office of the financial institution or other such place to which that application form was submitted a written notice stating that the individual no longer falls under the category of a Person with a Disability or other eligible person and other matters specified by Ministry of Finance Order.

When an individual comes to fall under any of the cases set out in the following items (excluding cases falling under the cases prescribed in the following paragraph and paragraph (3)), the provisions of Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act do not apply to interest, distributions of proceeds, or dividends of surplus on deposits and similar savings placed by that individual under the contract prescribed in the relevant item that are received after the individual came to fall under it.

where the individual has not submitted an application to exempt savings from taxation for a portion of the deposits and similar savings placed under a contract pertaining to deposits and similar savings for which the individual wishes to receive the application of the provisions of Article 10, paragraph (1) of the Act (excluding cases falling under the provisions of paragraph (3) of the preceding Article);

where, having submitted an application to exempt savings from taxation with a statement made under the provisions of paragraph (1) of the preceding Article, the individual has made a placement based on an ordinary deposit contract, etc. prescribed in that paragraph in excess of the limit amount pertaining to the current balance of the deposits and similar savings prescribed in that paragraph that was stated therein (where an application to exempt savings from taxation with a statement made under the provisions of paragraph (2) of that Article has been submitted, after its submission, the changed limit amount).

Where an individual who has submitted an application to exempt savings from taxation for deposits and similar savings to be placed under a contract pertaining to deposits and similar savings ceases, after the submission, to be a Person with a Disability or other eligible person, and thereafter places those deposits and similar savings under that contract, the calculation of the interest, distributions of proceeds, or dividends of surplus for the portion pertaining to the deposits and similar savings to which the provisions of Article 10, paragraph (1) of the Act do not apply, for which the placement was made on or after the date on which the individual ceased to so fall, is as specified by Ministry of Finance Order.

Where an individual who has submitted an application to exempt savings from taxation for ordinary deposits or other items specified by Ministry of Finance Order (hereinafter referred to as "ordinary deposits and similar deposits" in this paragraph) ceases, after the submission, to be a Person with a Disability or other eligible person, in the application of the provisions of Article 10 of the Act to the interest pertaining to the interest calculation period that includes the date on which the individual ceased to so fall, the placement of those ordinary deposits and similar deposits within that calculation period is deemed to have been made in accordance with the provisions of paragraph (2) of that Article, and in the application of the provisions of that Article or the preceding paragraph to the interest pertaining to the first interest calculation period after that calculation period, the current balance of those ordinary deposits and similar deposits on the first day of that calculation period is deemed to have been placed on that day.

The method specified by Cabinet Order prescribed in Article 10, paragraph (1), item (ii) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons) of the Act is, when an individual entrusts money to a Loan Trust or a specific form of Bond-Based Investment Trust Under Public Offering for which the individual wishes to receive the application of that paragraph at the business office of a financial institution or other such place referred to in that item, a method by which the beneficial interest in that Loan Trust or specific form of Bond-Based Investment Trust Under Public Offering is entered or recorded in the transfer account book of a financial institution pertaining to the business office of that financial institution or other such place (where the beneficiary certificate representing that beneficial interest is in registered form, a method by which, for that beneficiary certificate, an entry or record to the effect that the provisions of Article 10, paragraph (1) of the Act apply is made at the business office of that financial institution or other such place in the books under Article 48, paragraph (3) (Organization and Retention of Books Concerning Tax-Exempt Savings at the business office of a Financial Institution or Other Such Place)).

The method specified by Cabinet Order prescribed in Article 10, paragraph (1), item (iii) of the Act is, when an individual purchases Securities for which the individual wishes to receive the application of that paragraph at the business office of a financial institution or other such place referred to in that item, a method by which those Securities are entered or recorded in the transfer account book of a financial institution pertaining to the business office of that financial institution or other such place; provided, however, that where the Securities are long-term credit bank debentures under the provisions of Article 8 (Issuance of Long-Term Credit Bank Debentures) of the Long Term Credit Bank Act, specified corporate bonds under the provisions of Article 8, paragraph (1) (Issuance of Specified Corporate Bonds) of the Act on Financial Institutions' Merger and Conversion (including as applied mutatis mutandis pursuant to Article 55, paragraph (4) (Conversion of a Long Term Credit Bank into an Ordinary Bank) of that Act), national federation bonds under the provisions of Article 54-2-4, paragraph (1) (Issuance of National Federation Bonds) of the Shinkin Bank Act, Norinchukin Bank bonds under the provisions of Article 60 (Issuance of Norinchukin Bank Bonds) of the Norinchukin Bank Act (Act No. 93 of 2001), or Shoko Chukin bonds under the provisions of Article 33 (Issuance of Shoko Chukin Bonds) of the Shoko Chukin Bank Limited Act, the method is any one of a method by which they are entered or recorded in the transfer account book of that financial institution, a method by which they are kept at the business office of that financial institution or other such place, or, where the business office of that financial institution or other such place is not a person that handles payments pertaining to the interest on those Securities (hereinafter referred to as a "person handling payments" in this Section), a method by which they are kept by that person handling payments through the business office of that financial institution or other such place.

Where an individual purchases Securities prescribed in the proviso to the preceding paragraph for which the individual wishes to receive the application of the provisions of Article 10, paragraph (1) of the Act and entrusts their custody to the person handling payments referred to in the preceding paragraph, the head of the business office of the financial institution or other such place referred to in the preceding paragraph that acts as intermediary for the custody must, when acting as intermediary for the custody, notify that person handling payments that those Securities are subject to the application of the provisions of Article 10, paragraph (1) of the Act.

The head of the business office of a financial institution or other such place referred to in paragraph (1), the head of the business office of a financial institution or other such place referred to in paragraph (2) (excluding one that acts as intermediary for the custody referred to in that paragraph), or a person handling payments that has received the notice under the preceding paragraph must state or record, in the books concerning the transfer of beneficial interests in Loan Trusts or specific forms of Bond-Based Investment Trusts Under Public Offering or Securities or the books concerning the custody of Securities, that those beneficial interests or Securities are subject to the application of the provisions of Article 10, paragraph (1) of the Act.