Regulation for Enforcement of the Income Tax Act

The death insurance benefits specified by Ministry of Finance Order as prescribed in Article 298, paragraph (6), item (i) (Tax Base of Income Tax for Domestic Corporations) of the Order are insurance benefits paid for death or serious disability of a person due to a Disaster, an accident, a Category I Infectious Disease prescribed in Article 6, paragraph (2) (Definition of Infectious Diseases) of the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (Act No. 114 of 1998), a Category II Infectious Disease prescribed in paragraph (3) of that Article or a Category III Infectious Disease prescribed in paragraph (4) of that Article, or a malignant neoplasm (hereinafter referred to as "death, etc. due to Disaster" in this paragraph) as the insured event, and the amount specified by Ministry of Finance Order as prescribed in Article 298, paragraph (6), item (i) of the Order is the total amount of the amounts set forth in the following items:

the amount of the death insurance benefits or death mutual aid benefits paid upon death, etc. due to Disaster of each insured person or each person covered by mutual aid;

the amount calculated by multiplying the daily amount of benefits for hospitalization and outpatient treatment resulting from illness or injury of each insured person or each person covered by mutual aid by the maximum number of days for which payment is made.

The insurance benefits specified by Ministry of Finance Order as prescribed in Article 298, paragraph (6), item (ii) of the Order are insurance benefits paid for damage to real property or movables as the insured event or insurance benefits paid for death or residual disability resulting from bodily injury as the insured event, and the amount specified by Ministry of Finance Order as prescribed in that item is the amount set forth in each of the following items in accordance with the category of contract set forth in that item:

a casualty insurance policy that lapses when insurance benefits or mutual aid benefits are paid for total loss of real property or movables (meaning a casualty insurance policy prescribed in Article 298, paragraph (6), item (ii) of the Order) or a contract pertaining to mutual aid similar thereto (referred to as "casualty insurance policy or similar contract" in the following item and item (iii)): the amount of insurance benefits or mutual aid benefits paid for the total loss of that real property or movables;

a casualty insurance policy or similar contract that lapses when insurance benefits or mutual aid benefits are paid for death or residual disability resulting from bodily injury to a person: the total amount of the following amounts:

the greater of the amount of the death insurance benefits or death mutual aid benefits and the amount of the residual disability insurance benefits or residual disability mutual aid benefits of each insured person or each person covered by mutual aid (if a relative other than a spouse whose living expenses are paid from the same resources is included, the number of insured persons or persons covered by mutual aid pertaining to that relative is to be two; the same applies in (b));

the amount calculated by multiplying the daily amount of insurance benefits or mutual aid benefits for hospitalization and outpatient treatment resulting from injury of each insured person or each person covered by mutual aid by the maximum number of days for which payment is made and the number of years of that casualty insurance policy or similar contract;

a casualty insurance policy or similar contract that lapses when insurance benefits or mutual aid benefits are paid for total loss of real property or movables, or when insurance benefits or mutual aid benefits are paid for death or residual disability resulting from bodily injury to a person: the greater of the amounts specified in the preceding two items.

The matters specified by Ministry of Finance Order as prescribed in Article 176, paragraph (1) (Special Provisions on Taxation of Interest and Similar Income from Trust Property) of the Act are the following matters:

the name and the location of the head office of the domestic trust company prescribed in Article 176, paragraph (1) of the Act (referred to as "domestic trust company" in item (i) of the following Article);

the name and location of the business office with which the Securities Investment Trust prescribed in Article 176, paragraph (1) of the Act has been entrusted, and the name or corporate name of the settlor of the trust contract related to that Securities Investment Trust;

the date on which the entry was made pursuant to Article 176, paragraph (1) of the Act.

The matters specified by Ministry of Finance Order as prescribed in Article 176, paragraph (2) (Special Provisions on Taxation of Interest and Similar Income from Trust Property) of the Act are the following matters:

the name and the location of the head office of the domestic trust company;

the name and location of the business office with which the retirement pension trust prescribed in Article 176, paragraph (2) of the Act has been entrusted, and the type of trust contract related to that retirement pension trust;

the date on which the entry was made pursuant to Article 176, paragraph (2) of the Act.

The Securities Investment Trusts specified by Ministry of Finance Order as prescribed in Article 300, paragraph (2) (Special Provisions for Taxation on Interest, etc. on Trust Property) of the Order are Securities Investment Trusts whose purpose is to have the trustee of another Securities Investment Trust acquire their beneficial interests and for which the transfer of those beneficial interests is restricted by the trust contract (where a beneficiary certificate pertaining to those beneficial interests has been issued, limited to those for which the beneficiary certificate is in registered form and the face of the beneficiary certificate states that the restriction is imposed).

A Domestic Corporation that has assumed a group investment trust (meaning a group investment trust prescribed in Article 176, paragraph (3) (Special Provisions on Taxation of Interest and Similar Income from Trust Property) of the Act; the same applies hereinafter in this paragraph and paragraph (4)), if income tax prescribed in paragraph (3) of that Article has been imposed on the trust property of that group investment trust, must retain the documents prescribed in Article 300, paragraph (5) of the Order at the place for tax payment for seven years from the year following the year that includes the day on which that amount of income tax was deducted pursuant to Article 176, paragraph (3) of the Act or the day on which that amount of income tax was deducted pursuant to Article 9-3-2, paragraph (3) (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.

The documents specified by Ministry of Finance Order as prescribed in Article 300, paragraph (5) of the Order are documents stating an explanation that the tax imposed under foreign laws or regulations, among the income tax prescribed in that paragraph, falls under the foreign income tax prescribed in paragraph (1) of that Article, and the details of the calculation of the amount of notified foreign income tax (meaning the amount of notified foreign income tax prescribed in paragraph (9) of that Article; the same applies in item (v) of the following paragraph).

The matters specified by Ministry of Finance Order as prescribed in Article 300, paragraphs (6) and (8) of the Order are the following matters:

the name or corporate name and domicile of the person who receives payment of the distribution of proceeds of a group investment trust (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));

the amount of the distribution of proceeds in the preceding item, the payment of which has been determined, and the date on which the payment was determined (for the distribution of proceeds in that item pertaining to a beneficiary certificate of a bearer Investment Trust or Specified Trust That Issues Beneficiary Certificates, the amount of the distribution of proceeds paid and the date on which it was paid);

the amount of income tax subject to Withholding on the amount of the distribution of proceeds in the preceding item;

the name of the beneficial interest in the group investment trust in item (i), the number of units of that beneficial interest, and the basis for calculating the amount of the distribution of proceeds in item (ii);

the amount of notified foreign income tax pertaining to the distribution of proceeds in item (i), the payment of which has been determined (for the distribution of proceeds in that item pertaining to a beneficiary certificate of a bearer Investment Trust or Specified Trust That Issues Beneficiary Certificates, the distribution of proceeds paid);

if the person who received payment of the distribution of proceeds in item (i) pertaining to a beneficiary certificate of a bearer Investment Trust or Specified Trust That Issues Beneficiary Certificates differs from the owner of the principal, the name or corporate name of the owner of the principal and the domicile or residence, or the location of the head office or principal office;

if the distribution of proceeds in item (i) pertains to a Securities Investment Trust denominated in foreign currency, etc. prescribed in Article 9, paragraph (1), item (iv) (Special Provisions on Dividend Tax Credit) of the Act on Special Measures Concerning Taxation, the foreign-currency-denominated asset ratio and the non-share ratio prescribed in Article 4-4, paragraph (2) (Special Provisions on Dividend Tax Credit) of the Order for Enforcement of the Act on Special Measures Concerning Taxation pertaining to that Securities Investment Trust denominated in foreign currency, etc.;

if the tax agent notified pursuant to Article 117, paragraph (2) (Tax Agent) of the Act on General Rules for National Taxes by the person who receives the payment in item (i) is clear, the name and domicile or residence of that tax agent;

a statement to the effect that the notice is a notice under Article 300, paragraphs (6) to (8) or the proviso to paragraph (10) of the Order;

if the notice is a notice by document prepared upon receipt of a request for reissuance from the person who receives the payment in item (i), a statement to that effect;

any other matters for reference.

The provisions of the preceding paragraph apply mutatis mutandis to the matters specified by Ministry of Finance Order as prescribed in Article 300, paragraph (7) of the Order. In this case, in item (ii) of the preceding paragraph, "the preceding item, the payment of which has been determined" is deemed to be replaced with "the preceding item, the payment of which has been determined during the year" and ", the amount of the distribution of proceeds paid" with ", the amount of the distribution of proceeds paid during the year", and in item (v) of that paragraph, "the payment of which has been determined" is deemed to be replaced with "the payment of which has been determined during the year" and ", the distribution of proceeds paid" with ", the distribution of proceeds paid during the year".

The provisions of the preceding two paragraphs apply mutatis mutandis to the notification by document set forth in the proviso to Article 300, paragraph (10) of the Order, given pursuant to the provisions of the proviso to that paragraph.

The notification by document under Article 300, paragraph (7) of the Order must be selected for each Domestic Corporation prescribed in that paragraph.

The method specified by Ministry of Finance Order as prescribed in Article 300, paragraph (10) of the Order is the method prescribed in Article 92-2, paragraph (1) (Electronic or Magnetic Means Concerning Provision of Matters to Be Stated in a Notice of Payment).

The method prescribed in the preceding paragraph must conform to the standards prescribed in Article 92-2, paragraph (2).

The provisions of Article 92-3 (Consent to Provision by Electronic or Magnetic Means of Notices of Payment) apply mutatis mutandis to the case where the Domestic Corporation prescribed in Article 300, paragraph (12) of the Order obtains the consent of the individual or corporation in that paragraph pursuant to that paragraph.