Regulation for Enforcement of the Income Tax Act

A person specified in the items of Article 224-5, paragraph (1) of the Act in accordance with the category of cases set forth in those items (hereinafter in this Article referred to as a "futures commission merchant or similar party"), in respect of a futures transaction prescribed in Article 224-5, paragraph (2) (Notice by a Person Settling a Futures Contract) of the Act (hereinafter in this Article referred to as a "futures transaction") relating to cash settlement, etc. prescribed in that paragraph (hereinafter in this Article referred to as "cash settlement, etc.") conducted in Japan by a Resident or a Nonresident having a permanent establishment, must, pursuant to Article 225, paragraph (1), item (xiii) (Payment Reports and Notices of Payment) of the Act, submit, for each person who performs the cash settlement, etc. of that futures transaction, a report stating the matters specified in each of the following items in accordance with the category of futures transaction set forth in that item, to the district director having jurisdiction over the location of that futures commission merchant or similar party.

Commodity futures transactions, etc. (meaning commodity futures transactions or foreign commodity market transactions prescribed in Article 224-5, paragraph (1), item (i) of the Act, or over-the-counter commodity derivatives transactions prescribed in item (iii) of that paragraph; hereinafter the same in this item): the following matters

the name, domicile (for a person who has no domicile in Japan, the place prescribed in Article 81 (Place of Residence, etc. to Be Notified by a Person Who Has No Domicile in Japan) as applied mutatis mutandis pursuant to Article 81-36, paragraph (1) (Notice by the Person Paying the Difference or Otherwise Settling a Futures Contract); hereinafter the same in this Article) and individual number of the person who performed the cash settlement, etc. of those commodity futures transactions, etc. (for a person who has no individual number, the name and domicile; hereinafter the same in this Article);

the type, quantity and amount of consideration of the commodity futures transactions, etc. concluded through cash settlement, etc. during the year, or the contract price, etc. under Article 220, paragraph (1) (Notice of Conclusion of Transaction) of the Commodity Derivatives Transaction Act (Act No. 239 of 1950);

the method of the cash settlement, etc. of those commodity futures transactions, etc. and the date of that cash settlement, etc.;

the total amount of the amount of profit or loss finalized by performing cash settlement, etc. of commodity futures transactions, etc. during the year and the amount of the fees, etc. for the transactions relating to that cash settlement, etc. (meaning the fees, etc. prescribed in Article 100-5 (Matters Concerning Consideration to Be Paid by the Customer) of the Regulation for Enforcement of the Commodity Derivatives Transaction Act (Order of the Ministry of Agriculture, Forestry and Fisheries and the Ministry of Economy, Trade and Industry No. 3 of 2005));

if the tax agent notified by the person who performed the cash settlement, etc. of those commodity futures transactions, etc. pursuant to Article 117, paragraph (2) (Tax Agent) of the Act on General Rules for National Taxes is identified, the name and domicile or residence of that tax agent;

any other matters for reference.

Market derivatives transactions, etc. (meaning market derivatives transactions (excluding crypto-asset derivative transactions prescribed in the following item) or foreign market derivatives transactions (excluding crypto-asset derivative transactions prescribed in the following item) prescribed in Article 224-5, paragraph (1), item (iv) of the Act, or over-the-counter derivatives transactions (excluding crypto-asset derivative transactions prescribed in the following item) prescribed in item (vi) of that paragraph; hereinafter the same in this item): the following matters

the name, domicile and individual number of the person who performed the cash settlement, etc. of those market derivatives transactions, etc.;

the type, quantity and amount of consideration or contract figure of the market derivatives transactions, etc. concluded through cash settlement, etc. during the year (meaning the amount of consideration or contract figure set forth in Article 100, paragraph (1), item (v) (Common Matters to Be Stated in Documents to Be Delivered at the Time of Concluding a Contract, etc. Relating to the Sale and Purchase of Securities and Other Transactions or Derivatives Transactions, etc.) of the Cabinet Office Order on Financial Instruments Business, etc. (Cabinet Office Order No. 52 of 2007); the same applies in item (iv), (b));

the method of the cash settlement, etc. of those market derivatives transactions, etc. and the date of that cash settlement, etc.;

the total amount of the amount of profit or loss finalized by performing cash settlement, etc. of market derivatives transactions, etc. during the year and the amount of the fees, etc. for the transactions relating to that cash settlement, etc. (meaning the fees, etc. prescribed in Article 74, paragraph (1) (Matters Concerning Consideration to Be Paid by the Customer) of the Cabinet Office Order on Financial Instruments Business, etc.; the same applies in (d) of the following item and in item (iv), (d));

if the tax agent notified by the person who performed the cash settlement, etc. of those market derivatives transactions, etc. pursuant to Article 117, paragraph (2) of the Act on General Rules for National Taxes is identified, the name and domicile or residence of that tax agent;

any other matters for reference.

Crypto-asset derivative transactions (meaning, among the market derivatives transactions prescribed in Article 224-5, paragraph (1), item (iv) of the Act, those relating to the crypto-assets, etc. set forth in Article 2, paragraph (24), item (iii)-2 (Definitions) of the Financial Instruments and Exchange Act or the financial indicators prescribed in Article 29-2, paragraph (1), item (ix) (Application for Registration) of that Act, or, among foreign market derivatives transactions, those relating to those crypto-assets, etc. or those financial indicators, or, among the over-the-counter derivatives transactions prescribed in Article 224-5, paragraph (1), item (vi) of the Act, those relating to those crypto-assets, etc. or those financial indicators; hereinafter the same in this item): the following matters

the name, domicile and individual number of the person who performed the cash settlement, etc. of those crypto-asset derivative transactions;

the types of the crypto-asset derivative transactions concluded through cash settlement, etc. during the year;

the amount obtained by deducting the total amount of losses from the total amount of profits finalized by performing cash settlement, etc. of crypto-asset derivative transactions during the year;

the total amount of the fees, etc. for the transactions relating to cash settlement, etc. of crypto-asset derivative transactions conducted during the year;

in the case where the tax agent notified pursuant to Article 117, paragraph (2) of the Act on General Rules for National Taxes by the person who made the cash settlement, etc. of that crypto-asset derivative transaction is identifiable, the name and domicile or place of residence of that tax agent;

any other matters for reference.

in the case of the acquisition of Securities prescribed in Article 224-5, paragraph (1), item (vii) of the Act (referred to as "Securities" in this item): the following matters:

the name, domicile and individual number of the person who made the cash settlement, etc. of those Securities;

the issue, quantity, and amount of consideration or contract figure of the Securities for which cash settlement, etc. was made during the year;

the method of cash settlement, etc. of those Securities and the date on which that cash settlement, etc. was made;

the total amount of the amount of profit or loss finalized by making cash settlement, etc. of Securities during the year and the amount of fees, etc. for the transactions pertaining to that cash settlement, etc.;

in the case where the tax agent notified pursuant to Article 117, paragraph (2) of the Act on General Rules for National Taxes by the person who made the cash settlement, etc. of those Securities is identifiable, the name and domicile or place of residence of that tax agent;

any other matters for reference.

A payer prescribed in Article 224-6 of the Act who, in Japan, pays to a Resident or a Nonresident having a permanent establishment the consideration for transferring the gold bullion and similar items prescribed in Article 224-6 (Notice by Recipients of Consideration for Transferring Gold Bullion and Similar Items) of the Act (referred to as "gold bullion and similar items" in this Article) (the consideration meaning that prescribed in Article 224-6 of the Act; the same applies hereinafter in this Article) must, pursuant to Article 225, paragraph (1), item (xiv) (Payment Report on Consideration for Transferring Gold Bullion and Similar Items) of the Act, submit a report stating the following matters for each person receiving payment of the consideration, to the district director with jurisdiction over the location of the office, place of business or other equivalent place of the person making the payment that handles the payment affairs for the consideration:

the name, domicile (for a person who does not have a domicile in Japan, the place prescribed in Article 81 (Places of Residence, etc. to Be Notified by a Person Without a Domicile in Japan) as applied mutatis mutandis pursuant to Article 81-37 (Places of Residence, etc. to Be Notified Where a Person Receiving Consideration for Transferring Gold Bullion and Similar Items Does Not Have a Domicile in Japan); the same applies hereinafter in this item) and individual number (for a person who does not have an individual number, the name and domicile) of the person receiving the payment;

the amount of the consideration for transferring gold bullion and similar items for which payment was finalized and the date on which it was finalized;

the weight and quantity of the gold bullion and similar items referred to in the preceding item;

in the case where the tax agent notified by the person receiving the payment pursuant to Article 117, paragraph (2) (Tax Agent) of the Act on General Rules for National Taxes is identifiable, the name and domicile or place of residence of that tax agent;

any other matters for reference.

The forms of the reports prescribed in Article 82 through the preceding Article (Payment Reports) are as per Appended Table V (1) through Appended Table V (32).

A person who falls under the items of Article 225, paragraph (2) (Notice of Payment) of the Act must, pursuant to that paragraph, deliver to each person receiving the payment prescribed in the items of that paragraph a written notice stating, for the distribution of proceeds prescribed in the items of that paragraph or what is deemed to be a dividend of surplus, dividend of profits, distribution of surplus or distribution of monies, concerning that person, the matters specified in Article 83, paragraph (1), item (ii) or (iii) (Payment Report on Dividends and Similar Income) in accordance with the categories set forth in item (ii) (including the case where it applies as replaced pursuant to paragraph (4) of that Article; the same applies hereinafter in this paragraph) and item (iii) of that paragraph. In this case, for the application of item (ii) or (iii) of that paragraph, the phrase ", domicile, etc. and individual number or corporate number" in those provisions is deemed to be replaced with "and domicile, etc.".

In the case referred to in the preceding paragraph, where Article 4-2, paragraph (1) (Tax Exemption on Interest Income, etc. on Wage Earners' Asset-Building Housing Savings) or Article 4-3, paragraph (1) (Tax Exemption on Interest Income, etc. on Wage Earners' Asset-Building Pension Savings) of the Act on Special Measures Concerning Taxation applies to a distribution of proceeds of an Open-Ended Securities Investment Trust prescribed in Article 225, paragraph (2), item (i) of the Act, the written notice referred to in the preceding paragraph pertaining to that distribution of proceeds of an Open-Ended Securities Investment Trust is not required to be delivered.

The provisions of paragraph (1) apply mutatis mutandis to the written notice under Article 225, paragraph (3) of the Act that is delivered, pursuant to the proviso to that paragraph, to the person receiving the payment prescribed in that paragraph.

The form of the written notice prescribed in paragraph (1) is as per Appended Table V (6) and Appended Table V (7).