Order for Enforcement of the Income Tax Act

The income specified by Cabinet Order prescribed in Article 95, paragraph (4), item (xvii) (Foreign Tax Credit) of the Act is the following income:

income pertaining to insurance proceeds, compensation, or monetary damages (including those similar thereto) that is to be received for operations performed outside Japan or assets located outside Japan;

income arising from receiving, from a corporation, a gift of assets that are located outside Japan;

income pertaining to items that were hidden in the ground and that were discovered outside Japan or lost property that was found outside Japan;

income pertaining to money and goods or other economic benefits (excluding benefits given in the form of travel or other provision of services in lieu of which money or goods may not be chosen) that is received as a prize based on a prize competition held outside Japan;

occasional income acquired in connection with an act carried out outside Japan, in addition to what is listed in the preceding three items;

beyond what is listed in the preceding items, income pertaining to economic benefit that is given with regard to operations performed outside Japan or assets located outside Japan.

The transactions specified by Cabinet Order prescribed in Article 95, paragraph (5) (Foreign Tax Credit) of the Act are guarantees of obligations pertaining to borrowing of funds or other transactions (including acts of assuming an obligation that are equivalent to a guarantee of obligations).

The things specified by Cabinet Order as equivalent to interest prescribed in Article 95, paragraph (7) (Foreign Tax Credit) of the Act are discount charges on bills and other things whose economic nature is equivalent to interest.

The events specified by Cabinet Order prescribed in Article 95, paragraph (7) of the Act are the following events:

an event equivalent to the payment of royalties for any of the following:

industrial property rights and other rights relating to technology, production methods based on special technology, or things equivalent thereto;

copyrights (including publishing rights, neighboring rights and other things equivalent thereto);

intangible Fixed Assets listed in Article 6, item (viii) (Scope of Depreciable Assets) (including things located outside Japan that are equivalent to the prospecting right prescribed in (b) of that item and things located outside Japan that are equivalent to those listed in (o) through (t) of that item);

an event equivalent to the transfer or acquisition of the things listed in (a) through (c) of the preceding item.

Where, in any year within the seven years starting from the year following the year in which the application of Article 95, paragraphs (1) through (3) (Foreign Tax Credit) of the Act was received with respect to the amount of foreign income tax that a Resident became liable to pay, the amount of that foreign income tax is reduced, for the year in which the date on which that amount is to be reduced falls for that Resident (hereinafter in this Article referred to as the "year of the reduction"), an amount equivalent to the reduced amount of credit-eligible foreign income tax is to be deducted from the amount of credit-eligible foreign income tax that that Resident is to pay in the year of the reduction (referred to in paragraph (3) as the "credit-eligible foreign income tax to be paid"), and the provisions of Article 95, paragraphs (1) through (3) of the Act apply to the amount after that deduction.

The reduced amount of credit-eligible foreign income tax prescribed in the preceding paragraph means, of the amount by which the amount of foreign income tax was reduced in the year of the reduction of a Resident, the amount equivalent to the remainder obtained by deducting the amount listed in item (ii) from the amount listed in item (i):

the portion of the amount of that foreign income tax that was treated as the amount of credit-eligible foreign income tax in the year in which the Resident received the application of Article 95, paragraphs (1) through (3) of the Act;

the portion of the amount of that foreign income tax after that reduction that would be treated as the amount of credit-eligible foreign income tax if, in the year in which that Resident received the application of Article 95, paragraphs (1) through (3) of the Act, paragraph (1) of that Article had been applied to it.

In the case referred to in paragraph (1), where there is no credit-eligible foreign income tax to be paid for the year of the reduction, or where that credit-eligible foreign income tax to be paid is less than the reduced amount of credit-eligible foreign income tax prescribed in the preceding paragraph (hereinafter in this paragraph referred to as the "reduced amount of credit-eligible foreign income tax"), the full amount of that reduced amount of credit-eligible foreign income tax, or the amount equivalent to the portion of that reduced amount of credit-eligible foreign income tax exceeding that credit-eligible foreign income tax to be paid, respectively, is to be deducted from the amount exceeding the credit limit prescribed in Article 224, paragraph (6) (Maximum Carry-Over Credit, etc.) for each year within the three years up to and including the year preceding the year of the reduction (excluding the amount of the portion deemed not to exist in each year up to and including the year preceding the year of the reduction under paragraph (3) of that Article or Article 225, paragraph (3) or (4) (Carry-Over, Credit-Eligible Foreign Income Taxes, etc.); hereinafter in this paragraph referred to as the "amount exceeding the credit limit"), and the provisions of Article 95, paragraph (3) of the Act apply to the amount after that deduction. In this case, where there is an amount exceeding the credit limit for two or more years, the deduction is made first from the amount exceeding the credit limit for the oldest year, and where there remains an amount that cannot be fully deducted, the deduction is made successively from the amount exceeding the credit limit for newer years.

The amount calculated as specified by Cabinet Order prescribed in Article 95-2, paragraph (1) (Special Provisions on Foreign Tax Credits Related to the Special Provisions on Capital Gains and Similar Income upon Departure from Japan) of the Act (including where applied mutatis mutandis pursuant to paragraph (2) of that Article; the same applies hereinafter in this Article) is to be the amount obtained by deducting, from the amount of foreign income tax imposed on income for the period that forms the basis for calculating the tax base of that foreign income tax under the provisions of laws and regulations relating to foreign income tax (meaning foreign income tax prescribed in Article 95-2, paragraph (1) of the Act; the same applies hereinafter in this paragraph) imposed on income arising from the transfer (meaning the transfer prescribed in Article 60-2, paragraph (4) of the Act; the same applies in item (ii) and paragraph (4)) or settlement of Securities and similar interests (meaning Securities and similar interests prescribed in Article 60-2, paragraph (1) (Special Provisions on Capital Gains upon Departure from Japan) of the Act; the same applies in paragraphs (4) and (5)) or of contracts pertaining to an unsettled margin transaction or similar transaction prescribed in paragraph (2) of that Article or an unsettled derivatives transaction prescribed in paragraph (3) of that Article (hereinafter in this paragraph and the following paragraph referred to as "covered assets"), or the transfer thereof by way of gift or inheritance with limited liability (meaning gift or inheritance with limited liability prescribed in paragraph (8) of that Article; the same applies in paragraph (4)) (hereinafter in this paragraph referred to as "transfer, etc."), the amount of foreign income tax imposed on income for that period on the assumption that there were no income arising from the transfer, etc. of those covered assets (excluding income falling under the domestic source income specified in each item of Article 164, paragraph (1) (How Nonresidents Are Taxed) of the Act according to the category of Nonresident listed in those items) (or, in a case listed in the following items, the amount specified in the relevant item according to the category of case listed in that item).

where that foreign income tax is imposed on income arising from the transfer, etc. of those covered assets (limited to a transfer by way of inheritance (limited to that pertaining to qualified acceptance) or bequest (limited to that of a universal legacy pertaining to qualified acceptance)), and the amount so deducted exceeds the amount of income tax subject to deferral prescribed in Article 137-2, paragraph (1) (Tax Payment Grace Period Where the Special Provisions on Capital Gains and Similar Income upon Departure from Japan Apply) of the Act pertaining to those covered assets (or, where the provisions of paragraph (5) of that Article have already been applied, excluding the amount to which the provisions of that paragraph have been applied): that amount of income tax subject to deferral;

where that foreign income tax is imposed on income arising from the transfer, etc. of those covered assets (limited to a transfer or settlement, or a transfer by way of gift), and the amount so deducted exceeds the amount calculated as specified by Cabinet Order prescribed in Article 137-2, paragraph (5) of the Act pertaining to those covered assets: the amount so calculated.

In calculating the maximum credit prescribed in Article 95, paragraph (1) (Foreign Tax Credit) of the Act for the year that includes the date of departure from Japan (meaning departure from Japan prescribed in Article 60-2, paragraph (1) of the Act; the same applies in paragraph (4)) where the provisions of Article 95-2, paragraph (1) of the Act apply, income arising from the transfer or settlement of covered assets deemed to have been carried out under the provisions of Article 60-2, paragraphs (1) through (3) of the Act (including where those provisions are applied by replacing terms pursuant to paragraph (8) of that Article (including where applied mutatis mutandis pursuant to paragraph (9) of that Article)) is treated as falling under the foreign source income listed in the items of Article 221-2 (Amount of Foreign-Source Income), and the provisions of that Article apply.

The provisions of Article 60-2, paragraph (11) of the Act apply mutatis mutandis to the application of Article 95-2, paragraph (1) of the Act.

The provisions of Article 170, paragraph (8) (Special Provisions on Capital Gains upon Departure from Japan) apply mutatis mutandis to the determination of whether, where an individual (including the individual's heir) who receives the application of Article 95-2, paragraph (1) of the Act with respect to the income tax for the year that includes the date of departure from Japan has, after the time of that departure from Japan, transferred Securities and similar interests or transferred them by way of gift or inheritance with limited liability, the Securities and similar interests so transferred fall under the Securities and similar interests that the person held at the time of that departure from Japan.

The provisions of Article 170, paragraph (9) apply mutatis mutandis to the portion of the former Securities and similar interests that gave rise to the acquisition of the acquired Securities, etc., in the case where, with respect to Securities and similar interests held by the individual prescribed in the preceding paragraph (hereinafter in this paragraph referred to as "former Securities and similar interests"), a cause listed in the items of Article 60-2, paragraph (11) of the Act as applied mutatis mutandis in paragraph (3) has arisen, and the Securities and similar interests acquired by reason of that cause (hereinafter in this paragraph referred to as "acquired Securities, etc.") are deemed under paragraph (11) of that Article to have continued to be owned.