Regulation for Enforcement of the Income Tax Act

The documents specified by Ministry of Finance Order prescribed in Article 350-9, paragraph (3) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice by Persons Receiving Consideration for Transferring Gold Bullion, etc.) of the Order are, among the documents prescribed in Article 81-6, paragraph (2) (Scope, etc. of Documents to Be Presented to the Head of the business office of a Savings Institution, etc.) (excluding the documents set forth in item (i) of that paragraph), those bearing the name or domicile of the individual before the change prescribed in Article 350-9, paragraph (3) of the Order.

The payer, as prescribed in Article 350-8, paragraph (1) (Notice by Persons Receiving Consideration for Transferring Gold Bullion, etc.) of the Order, of the consideration for transferring gold bullion, etc. prescribed in that paragraph (meaning the consideration prescribed in that paragraph) (hereinafter referred to as the "payer of the consideration for transferring gold bullion, etc." in this Article and the following Article) must, when having received the written application prescribed in Article 350-9, paragraph (5) of the Order, prepare a book pursuant to that paragraph and enter in that book the following matters:

the name or title, 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 the Consideration for Transferring Gold Bullion, etc. Has No Domicile in Japan); the same applies hereinafter in this item and the following paragraph) and individual number or corporate number of the person who submitted that written application (for a person who has neither an individual number nor a corporate number, the name or title and domicile);

the date on which that written application was submitted, and the title of the document, a copy of which was attached to that written application, specified in each item of Article 337, paragraph (2) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice, etc.) of the Order as applied mutatis mutandis pursuant to Article 350-9, paragraph (2) of the Order (in the case of a corporation that has undergone the confirmation under Article 81-6, paragraph (5) as applied mutatis mutandis pursuant to paragraph (1) of the preceding Article, the title of that document and the fact that that confirmation was conducted), the fact that an electronic certificate for signature or similar record was received by transmission, or the fact that the confirmation under Article 350-9, paragraph (4) of the Order was conducted;

any other matters for reference.

A person who has submitted the written application prescribed in the preceding paragraph must, if after the submission the person comes to fall under a case set forth in one of the following items, without delay, submit to the payer of the consideration for transferring gold bullion, etc. to which the written application was submitted a written notification stating the matters specified in each of those items in accordance with the category of cases set forth in each of those items (which is to include the name or title and domicile before the change where the person comes to fall under the case set forth in item (i), and the name or title, domicile and individual number before the change where the person comes to fall under the case set forth in item (ii)) (limited to a notification to which is attached a copy of any of the documents specified in each item of Article 337, paragraph (2) of the Order as applied mutatis mutandis pursuant to Article 350-9, paragraph (2) of the Order (where the person comes to fall under the case set forth in item (i), either that document or the document confirming a change of domicile, etc. prescribed in Article 350-9, paragraph (3) of the Order) (limited to a copy bearing the matters specified in each of the following items in accordance with the category of cases set forth in those items), or a notification in connection with whose submission the person transmits the person's electronic certificate for signature or similar record or has undergone the confirmation under paragraph (4) of that Article). The same applies where, after submitting that written notification, the person again comes to fall under a case set forth in item (i) or item (ii).

in the case where the person has changed the person's name or title or domicile: the person's name or title, domicile and corporate number after the change (where the person is an individual, the name and domicile after the change);

in the case where the person has changed the person's individual number: the person's name, domicile and individual number after the change;

in the case where an individual number or corporate number has been notified for the first time pursuant to the provisions of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures: the person's name or title, domicile and individual number or corporate number after receiving that notification.

The payer of the consideration for transferring gold bullion, etc. that has prepared the book referred to in paragraph (2) pursuant to that paragraph must, when having received the written notification referred to in the preceding paragraph, correct the matters set forth in the items of paragraph (2) in that book to the matters stated in that written notification.

A payer of the consideration for transferring gold bullion, etc. must retain the written application prescribed in paragraph (2) that it has received (including the documents prescribed in Article 350-9, paragraph (5) of the Order and an electronic certificate for signature or similar record) and the written notification prescribed in paragraph (3) (including a copy of the documents prescribed in that paragraph or a copy of the document confirming a change of domicile, etc., and an electronic certificate for signature or similar record) for three years from the year following the year that includes the date of receipt.

When the payer of the consideration for transferring gold bullion, etc. has made the confirmation under Article 350-10, paragraph (1) (Confirmation, etc. by the Payer of the Consideration for Transferring Gold Bullion, etc.) of the Order or Article 350-9, paragraph (4) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice by Persons Receiving Consideration for Transferring Gold Bullion, etc.) of the Order, it must, pursuant to Article 350-10, paragraph (2) of the Order, make clear that it has made the confirmation under Article 350-10, paragraph (1) or Article 350-9, paragraph (4) of the Order by entering in the book prescribed in Article 350-10, paragraph (2) of the Order the title of the document specified in each item of Article 337, paragraph (2) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice, etc.) of the Order as applied mutatis mutandis pursuant to Article 350-9, paragraph (2) of the Order, or of the document confirming a change of domicile, etc. prescribed in Article 350-9, paragraph (3) of the Order, that was presented at the time of the notice under Article 350-8 (Notice by Persons Receiving Consideration for Transferring Gold Bullion, etc.) of the Order, the fact that an electronic certificate for signature or similar record was received by transmission at the time of that notice (where the person who gave that notice is a corporation that has undergone the confirmation under Article 81-6, paragraph (5) (Scope, etc. of Documents to Be Presented to the Head of the business office of a Savings Institution, etc.) as applied mutatis mutandis pursuant to Article 81-38, paragraph (1) (Scope, etc. of Documents to Be Presented to the Payer of the Consideration for Transferring Gold Bullion, etc.), that fact and the title of the document specified in Article 337, paragraph (2), item (ii) of the Order as applied mutatis mutandis pursuant to Article 350-9, paragraph (2) of the Order that was presented at the time of that notice), or the fact that the confirmation under Article 350-9, paragraph (4) of the Order was conducted.

A payer of the consideration for transferring gold bullion, etc. must retain the book prescribed in Article 350-10, paragraph (2) of the Order (including the book prescribed in Article 350-9, paragraph (5) of the Order) for five years from the year following the year that includes the date of closing of those books.

A person who pays, in Japan, interest and similar income prescribed in Article 23, paragraph (1) (Interest Income) of the Act (where the person receiving the payment is a Nonresident or Foreign Corporation, limited to that set forth in Article 161, paragraph (1), item (viii) (Domestic Source Income) of the Act; hereinafter referred to as "interest and similar income" in this Article) (including a person in charge of handling payment in Japan of interest and similar income on a public and corporate bond issued outside Japan, or on a beneficial interest in a Bond Investment Trust or Bond-Based Investment Trust Under Public Offering, that is paid to a Resident or Domestic Corporation) must, pursuant to Article 225, paragraph (1), item (i) or (viii) (Payment Reports on Interest and Similar Income) of the Act, submit a report stating the following matters, for each person receiving the payment of that interest and similar income, to the district director having jurisdiction over the locality for payment of the income tax on that interest and similar income under Article 17 (Locality for Paying Over Withholding Tax) of the Act (where a designation has been made under Article 18, paragraph (2) (Designation of Locality for Paying Over Taxes) of the Act, the locality so designated; the same applies hereinafter in this Chapter):

the name or title, 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); the same applies hereinafter in this item) and individual number or corporate number of the person receiving the payment (for a person who has neither an individual number nor a corporate number, the name or title and domicile);

the amount of interest and similar income for which payment was finalized during the year and the date on which it was finalized (for interest on a bearer public and corporate bond, or distribution of proceeds on the bearer beneficiary certificate of a Loan Trust, Bond Investment Trust or Bond-Based Investment Trust Under Public Offering, the amount paid during the year and the date of payment);

the amount of income tax subject to Withholding on the interest and similar income referred to in the preceding item;

where there is an amount of notified foreign income tax prescribed in Article 300, paragraph (9) (Special Provisions for Taxation on Interest, etc. on Trust Property) or Article 306-2, paragraph (7) (Special Provisions for Taxation on Interest, etc. on Trust Property) of the Order in relation to the interest and similar income referred to in item (ii), that amount;

where the person in charge of handling payment prescribed in Article 9-3-2, paragraph (1) (Special Provisions on Obligation to Withhold Taxes, etc. for Dividends and Similar Income on Listed Shares, etc.) of the Act on Special Measures Concerning Taxation delivers dividends, etc. on listed shares, etc. prescribed in that paragraph that fall under the interest and similar income referred to in item (ii), and there is an amount equivalent to deducted foreign income tax prescribed in Article 4-6-2, paragraph (19) (Special Provisions on Obligation to Withhold Taxes, etc. for Dividends and Similar Income on Listed Shares, etc.) of the Order for Enforcement of the Act on Special Measures Concerning Taxation or an amount equivalent to deducted income tax prescribed in paragraph (20) of that Article in relation to that interest and similar income, that amount.

the type and name of the public and corporate bond, Deposits and Savings, Jointly Managed Trust, Bond Investment Trust or Bond-Based Investment Trust Under Public Offering, or of the premium of life insurance or casualty insurance or the mutual aid premium of life mutual aid pertaining to a Workers' Property Accumulation Savings Contract, Workers' Property Accumulation Pension Savings Contract or Workers' Property Accumulation Housing Savings Contract prescribed in Article 4-4, paragraph (1) (Special Provisions on Taxation on Gains, etc. from Life Insurance, etc. under Workers' Property Accumulation Savings Contracts) of the Act on Special Measures Concerning Taxation;

where the person who received payment of interest on a bearer public and corporate bond, or of a distribution of proceeds on the bearer beneficiary certificate of a Loan Trust, Bond Investment Trust or Bond-Based Investment Trust Under Public Offering, differs from the owner of the principal, the name or title and domicile or residence, or the location of the head office or principal office, of that owner of the principal;

where a 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 identified, the name and domicile or residence of that tax agent;

any other matters for reference.

In the case referred to in the preceding paragraph, where any of the cases set forth in the following items applies, the report referred to in that paragraph need not be submitted for the interest and similar income that falls under the provisions of the relevant item.

where, for interest and similar income, the provisions of Article 9, paragraph (1), item (i) or (ii) (Nontaxable Income), Article 10, paragraph (1) (Nontaxability of Interest Income from Small Amounts of Deposits Held by Persons with Disabilities and Other Eligible Persons), Article 11, paragraph (1) (Exemption from Taxation of Public Corporations, etc.), Article 176, paragraph (1) or (2) (Special Provisions on Taxation of Interest and Similar Income from Trust Property) or Article 180-2, paragraph (1) or (2) (Special Provisions on Taxation of Interest and Similar Income from Trust Property) of the Act, or the provisions of Article 3-3, paragraph (6) (Separate Taxation on Interest Income from Public and Corporate Bonds, etc. Issued outside Japan), Article 4, paragraph (1) (Tax Exemption on Interest on Small Public Bonds of Persons with a Disability or Other Eligible Persons), Article 4-2, paragraph (1) (Tax Exemption on Interest Income, etc. on Wage Earners' Asset-Building Housing Savings), Article 4-3, paragraph (1) (Tax Exemption on Interest Income, etc. on Wage Earners' Asset-Building Pension Savings), Article 4-5, paragraph (1) (Tax Exemption on Interest Income of Specified Donation Trusts), Article 8, paragraphs (1) through (3) (Non-Application of Withholding at the Source to Interest Income, etc. Received by Financial Institutions) or Article 9-4 (Special Provisions on Taxation on Interest and Similar Income Pertaining to Managed Assets, etc. of Certain Investment Corporations, etc.) of the Act on Special Measures Concerning Taxation, apply;

where the interest and similar income is interest on an ordinary deposit or ordinary savings, on a tax-payment savings association deposit or tax reserve deposit prescribed in Article 335, paragraph (1), item (iv) (Scope of Interest and Similar Income Not Subject to the Notice Obligation and of Public Corporations, etc.) of the Order, or on Deposits and Savings accepted by a person set forth in Article 32, item (ii) or (iii) (Scope of Financial Institutions, etc.) of the Order that correspond to an ordinary deposit or ordinary savings;

where the total amount of interest and similar income (excluding the interest and similar income prescribed in the following item) paid to the same person during the year is 30,000 yen or less;

where the total amount, for the same person, of the interest, distribution of proceeds or gains prescribed in Article 4-2, paragraph (1) or Article 4-3, paragraph (1) of the Act on Special Measures Concerning Taxation to which those provisions are deemed not to have applied pursuant to Article 4-2, paragraph (9) or Article 4-3, paragraph (10) of that Act is 30,000 yen or less.

With respect to the application of item (iii) of the preceding paragraph to interest and similar income on a public and corporate bond issued outside Japan, or on a beneficial interest in a Bond Investment Trust or Bond-Based Investment Trust Under Public Offering (limited to interest and similar income on a bond, etc. issued outside Japan as referred to in Article 3-3, paragraph (2) of the Act on Special Measures Concerning Taxation to which paragraph (3) of that Article applies), the amount to be delivered as prescribed in paragraph (3) of that Article is deemed to be the payment amount prescribed in that item.