Chapter I Obligation to Submit Payment Reports (Articles 94 to 95-3)
The law as Ministerial Order Partially Amending the Regulation for Enforcement of the Income Tax Act (Ministry of Finance Order No. 12 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 94第九十四条
Withholding Receipts for Severance Pay or Other Such Compensation(退職手当等の源泉徴収票)
Article 94, paragraph (1)
A person who, in Japan, pays to a Resident severance pay or other such compensation prescribed in Article 226, paragraph (2) (Withholding Receipts) of the Act (hereinafter in this paragraph and paragraph (3) referred to as "severance pay or other such compensation") must, pursuant to Article 226, paragraph (2) of the Act, prepare, for each person receiving the payment of that severance pay or other such compensation, two Withholding receipts stating the following matters concerning that person, submit one to the competent district director with jurisdiction over the place for tax payment under Article 17 (Locality for Paying Over Withholding Tax) of the Act for the income tax on that severance pay or other such compensation (referred to as the "competent district director" in item (i), (a)), and deliver the other to the person receiving the payment of that severance pay or other such compensation.
the matters specified below in accordance with the category of Withholding receipt set forth below:
次に掲げる源泉徴収票の区分に応じそれぞれ次に定める事項
Article 94, paragraph (1), item (i), (a)
a Withholding receipt to be submitted to the competent district director: the name, domicile or residence and individual number of the person receiving the payment of that severance pay or other such compensation, and the name or title, domicile or residence or location of the head office or principal office, individual number or corporate number, and telephone number of the person paying that severance pay or other such compensation;
a Withholding receipt to be delivered to the person receiving the payment of the severance pay or other such compensation: the name and domicile or residence of the person receiving the payment of that severance pay or other such compensation, and the name or title, domicile or residence or location of the head office or principal office, and telephone number of the person paying that severance pay or other such compensation;
the amount of severance pay or other such compensation the payment of which was finalized during the year, and the category of that severance pay or other such compensation to which Article 201, paragraph (1), item (i) or (ii) or paragraph (3) (Amount of Taxes Withheld) of the Act applies;
the amount of income tax to be collected on the severance pay or other such compensation in the preceding item, for each category in that item, pursuant to Part IV, Chapter III (Withholding on Retirement Income) of the Act;
the period of service equivalent to the years of service prescribed in Article 201, paragraph (2) of the Act, and the details of its calculation;
法第二百一条第二項に規定する勤続年数に準ずる勤続年数及びその計算の明細
Article 94, paragraph (1), item (v)
where the case set forth in Article 30, paragraph (6), item (i) (Retirement Income) of the Act applies, the basis for calculating the retirement income deduction prescribed in Article 201, paragraph (2) of the Act;
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the case of applying the latter part of Article 226, paragraph (2) of the Act.
前条第三項の規定は、法第二百二十六条第二項後段の規定を適用する場合について準用する。
Article 94, paragraph (3)
The provisions of paragraph (1) apply mutatis mutandis to the Withholding receipt prescribed in Article 226, paragraph (4) of the Act that is delivered to a person receiving the payment of severance pay or other such compensation pursuant to the proviso to Article 226, paragraph (4) of the Act.
Article 94-2, paragraph (1)(公的年金等の源泉徴収票)Withholding Receipts for Public Pensions or Retirement PackagesChanged
A person who, in Japan, pays to a Resident a public pension or retirement package prescribed in Article 226, paragraph (3) (Withholding Receipts for Public Pensions or Retirement Packages) of the Act (hereinafter in this Article referred to as "public pension or retirement package") must, pursuant to Article 226, paragraph (3) of the Act, prepare, for each person receiving the payment of that public pension or retirement package, two Withholding receipts stating the following matters, submit one to the competent district director with jurisdiction over the place for tax payment under Article 17 (Locality for Paying Over Withholding Tax) of the Act for the income tax on that public pension or retirement package (referred to as the "competent district director" in item (i), (a) and item (vii), (a)(1)), and deliver the other to the person receiving the payment of that public pension or retirement package.
a Withholding receipt to be submitted to the competent district director: the name, date of birth, domicile or residence and individual number of the person receiving the payment of that public pension or retirement package;
a Withholding receipt to be delivered to the person receiving the payment of the public pension or retirement package: the name, date of birth and domicile or residence of the person receiving the payment of that public pension or retirement package;
the name or title, location of the principal office, corporate number and telephone number of the person paying that public pension or retirement package;
the category of the public pension or retirement package the payment of which was finalized during the year to which Article 203-3, item (i) or (iv), item (ii) or (v), item (iii) or (vi), or item (vii) (Amount of Taxes Withheld) of the Act applies;
the amount of income tax to be collected on the public pension or retirement package in the preceding item, for each category in that item, pursuant to Part IV, Chapter III-2 (Withholding on Public Pensions or Retirement Packages) of the Act;
where the person receiving the payment of the public pension or retirement package in item (iii) falls under a Person with a Particular Disability or another Person with a Disability, a widow or a single parent, a statement to that effect;
the amount of social insurance premiums prescribed in Article 203-5, item (i) (Calculation of the Amount of Tax Withheld If Social Insurance Premiums Are Deducted from a public pension or retirement package, and in Similar Cases) of the Act that are deducted from the public pension or retirement package in item (iii);
the following matters in accordance with what is stated in the return under Article 203-6, paragraph (1) (Return for Dependents, etc. by a Recipient of a public pension or retirement package) of the Act:
whether there is a spouse for Withholding deduction, the name and individual number (for a person who has no individual number, the name; the same applies in (ii)) of the spouse for Withholding deduction, and, where the spouse for Withholding deduction falls under a Claimable Elderly Spouse or is a Nonresident, a statement to that effect;
the number of relatives for Withholding deduction, the name and individual number of each relative for Withholding deduction, and, where a relative for Withholding deduction is a Nonresident, a statement to that effect and the fact that makes the person a relative for Withholding deduction;
whether there is a spouse for Withholding deduction, the name of the spouse for Withholding deduction, and, where the spouse for Withholding deduction falls under a Claimable Elderly Spouse or is a Nonresident, a statement to that effect;
the number of relatives for Withholding deduction, the name of each relative for Withholding deduction, and, where a relative for Withholding deduction is a Nonresident, a statement to that effect and the fact that makes the person a relative for Withholding deduction;
where, among the relatives for Withholding deduction, there is a Specified Dependent, an Elderly Dependent or a specified relative prescribed in Article 84-2, paragraph (1) (Special Deduction for Specified Relatives) of the Act, the number of such persons;
where, among the spouse in the same household or Dependents, there is a cohabiting Person with a Particular Disability prescribed in Article 85, paragraph (2) (Time of Determination of Dependents and Similar Persons) of the Act, another Person with a Particular Disability, or a Person with a Disability other than a Person with a Particular Disability, the number of such persons;
where Article 41-3-9, paragraph (1) or (2) (Deduction, etc. of the Amount of Special Deduction for Public Pensions or Retirement Packages Paid on or after June 2024) of the Act on Special Measures Concerning Taxation applies, out of the pension special deduction amount prescribed in Article 41-3-9, paragraph (3) of that Act, the amount deducted pursuant to paragraph (1) or (2) of that Article, and out of that pension special deduction amount, the amount that cannot be fully deducted even after the deduction under paragraph (1) or (2) of that Article (zero if there is no such amount);
Article 94-2, paragraph (2)(公的年金等の源泉徴収票)Withholding Receipts for Public Pensions or Retirement PackagesRemoved
In the case of the preceding paragraph, where any of the cases set forth in the following items applies, the Withholding receipt under that paragraph for the public pension or retirement package falling under that item need not be submitted to the district director.
Article 94-2, paragraph (2), item (i)(公的年金等の源泉徴収票)Withholding Receipts for Public Pensions or Retirement PackagesRemoved
where the amount of payment to the same person during the year of public pensions or retirement packages set forth in Article 203-3, items (i) through (vi) of the Act is 600,000 yen or less;
Article 94-2, paragraph (2), item (ii)(公的年金等の源泉徴収票)Withholding Receipts for Public Pensions or Retirement PackagesRemoved
where the amount of payment to the same person during the year of the public pension or retirement package set forth in Article 203-3, item (vii) of the Act is 300,000 yen or less.
Article 94-2, paragraph (2)(公的年金等の源泉徴収票)Withholding Receipts for Public Pensions or Retirement PackagesChanged
The provisions of Article 93, paragraph (3) (Procedures for Approval by the District DirectorWithholding Receipts for Salaries or Other Wages) apply mutatis mutandis to the case of applying the latter part of Article 226, paragraph (3) of the Act.
The provisions of paragraph (1) apply mutatis mutandis to the Withholding receipt prescribed in Article 226, paragraph (4) of the Act that is delivered to a person receiving the payment of a public pension or retirement package pursuant to the proviso to Article 226, paragraph (4) of the Act.
The forms of the Withholding receipts prescribed in the preceding three Articles are as set forth in Appended Table VI (1) through Appended Table VI (3).
前三条に規定する源泉徴収票の書式は、別表第六(一)から別表第六(三)までによる。
Article 95-2第九十五条の二
Consent to Provision of Withholding Receipts by Electronic or Magnetic Means(源泉徴収票に係る電磁的方法による提供の承諾)
Article 95-2, paragraph (1)
A person who pays salary or other wage, severance pay or other such compensation, or a public pension or retirement package prescribed in Article 353, paragraph (1) of the Order (Consent to Provision by Electronic or Magnetic Means of Matters to Be Stated in Withholding Receipts, etc.) must, pursuant to Article 353, paragraph (1) of the Order, in advance, show the following matters to the person receiving the payment of that salary or other wage, severance pay or other such compensation, or public pension or retirement package, and obtain the consent in writing or by electronic or magnetic means prescribed in that paragraph.
among the methods set forth in the items of Article 92-2, paragraph (1) (Electronic or Magnetic Means for Provision of Matters to Be Stated in Notices of Payment), the one used by the person paying that salary or other wage, severance pay or other such compensation, or public pension or retirement package;
the method of recording the information to be provided in the recipient file.
記載情報の受信者ファイルへの記録の方式
Article 95-2, paragraph (2)
Where a person who pays salary or other wage prescribed in Article 353, paragraph (1) of the Order seeks to obtain the consent under the preceding paragraph from the person receiving the payment of that salary or other wage, and gives notice that, if no reply stating that the person does not give the consent has been received by the deadline set by the person making the payment, the consent will be deemed to have been given, and no such reply has been received from the person receiving the payment by that deadline, the consent is deemed to have been obtained.
Article 95-3, paragraph (1)(源泉徴収票の提出の特例)Special Provisions on the Submission of Withholding ReceiptsAdded
The matters specified by Ministry of Finance Order as prescribed in Article 226, paragraph (6) (Withholding Receipts) of the Act are the matters specified in each of the following items for the category of report set forth in that item.
Article 95-3, paragraph (1), item (i)(源泉徴収票の提出の特例)Special Provisions on the Submission of Withholding ReceiptsAdded
the report set forth in Article 226, paragraph (6), item (i) of the Act: the matters prescribed in Article 93, paragraph (1), item (i), (a) (Withholding Receipts for Salaries or Other Wages), the matters set forth in items (ii) through (v) of that paragraph, the matters prescribed in item (vi), (a)(1) of that paragraph, the matters set forth in (b) and (c) of that item, the matters set forth in items (vii) through (xi) of that paragraph, and the matters set forth in item (xiii) of that paragraph;
Article 95-3, paragraph (1), item (ii)(源泉徴収票の提出の特例)Special Provisions on the Submission of Withholding ReceiptsAdded
the report set forth in Article 226, paragraph (6), item (ii) of the Act: the matters prescribed in Article 94-2, paragraph (1), item (i), (a) (Withholding Receipts for Public Pensions or Retirement Packages), the matters set forth in items (ii) through (vi) of that paragraph, the matters prescribed in item (vii), (a)(1) of that paragraph, the matters set forth in (b) and (c) of that item, and the matters set forth in item (ix) of that paragraph.
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.