Regulation for Enforcement of the Income Tax Act

A person who has transferred or taken transfer of a negotiable deposit (meaning the negotiable deposit prescribed in Article 224-2 (Notice of the Transfer of Negotiable Deposits) of the Act; the same applies hereinafter in this paragraph, paragraph (3) and paragraph (6)) in Japan must, pursuant to that Article, submit a paper-based notice stating the following matters to the head of the business office or office of the financial institution that has accepted the negotiable deposit:

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 Article) and individual number or corporate number (for a person who has neither an individual number nor a corporate number or a person who has already notified the individual number, the name or title and domicile; the same applies in paragraph (4)) of the person who made that transfer or took that transfer;

the code number, the name or title of the depositor, the deposited amount, the date of deposit, the interest rate and the deadline for repayment, as stated in the certificate of the negotiable deposit that was transferred or taken in transfer;

the date on which the negotiable deposit was transferred or taken in transfer, and the transfer price or the amount of consideration for taking it in transfer;

any other matters for reference.

A person who submits a paper-based notice pursuant to Article 224-2 of the Act must, at the time of submission, present to the head of the business office or office of the financial institution prescribed in that Article any of the documents specified in the items of Article 337, paragraph (2) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice, etc.) of the Order of that person, or transmit that person's electronic certificate for signature or similar record. In this case, with regard to the application of the provisions of Article 81-6 (Scope, etc. of Documents to Be Presented to the Head of the business office of a Savings Institution, etc.), the phrase "Article 336, paragraph (4) (Notice by a Person Receiving Interest, Dividends, etc. on Deposits and Savings, Shares, etc.) of the Order" in paragraph (1), item (iii) of that Article is deemed to be replaced with "Article 81-17, paragraph (6) (Paper-Based Notice Regarding Transfer of Negotiable Deposits)"; the phrase "Article 336, paragraph (4) of the Order" in paragraph (3), item (ii) of that Article with "Article 81-17, paragraph (6)"; and in paragraph (5) of that Article, the phrase "the notice under the provisions of that paragraph through paragraph (3) of that Article" with "the submission of the paper-based notice pursuant to Article 224-2 (Notice of the Transfer of Negotiable Deposits) of the Act", the phrase "given in that notice" with "stated in that paper-based notice", the phrase "prescribed in the preceding paragraph pursuant to the provisions of Article 337, paragraph (1) of the Order" with "prescribed in Article 81-6, paragraph (4) pursuant to the provisions of Article 81-17, paragraph (2)", and the phrase "is deemed to have been made" with "is deemed to have been made. In this case, the head of the business office or office of the financial institution prescribed in Article 224-2 of the Act that accepts that paper-based notice is to state in that paper-based notice that the confirmation has been made".

Where a corporation that has transferred or taken transfer of a negotiable deposit is a holder of a corporate number prescribed in Article 39, paragraph (4) (Notice) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures, and the head of the business office or office of the financial institution prescribed in Article 224-2 of the Act that receives the submission of the paper-based notice under that Article relating to the negotiable deposit has confirmed that the name, domicile and corporate number stated in the paper-based notice are the same as the name, domicile and corporate number of the corporation that transferred or took transfer of the negotiable deposit, published pursuant to the provisions of that paragraph, the corporation that transferred or took transfer of the negotiable deposit is, notwithstanding the provisions of the preceding paragraph, not required to present the documents prescribed in that paragraph to the head of the business office or office of the financial institution at the time of submitting the paper-based notice, and the head of the business office or office of the financial institution is to state in the paper-based notice that the confirmation has been made.

When accepting a paper-based notice under Article 224-2 of the Act, the head of the business office or office of the financial institution prescribed in that Article must, except where the confirmation under the preceding paragraph has been made, confirm whether the name or title, domicile and individual number or corporate number stated in the paper-based notice are the same as the name or title, domicile and individual number or corporate number stated or recorded in the documents prescribed in paragraph (2) or the electronic certificate for signature or similar record that were presented or transmitted at the time of submission of the paper-based notice, and must state in the paper-based notice that the confirmation has been made.

The head of the business office or office of the financial institution prescribed in Article 224-2 of the Act must retain the paper-based notice referred to in the preceding paragraph that the head has accepted for five years from the year following the year that includes the day of acceptance.

A person who has already notified the individual number, as prescribed in paragraph (1), item (i), means a person who has transferred or taken transfer of a negotiable deposit (excluding a person whose name or title, domicile, or individual number or corporate number differs from the person's name or title, domicile, or individual number or corporate number stated in the books) in the case where the head of the business office or office of the financial institution prescribed in Article 224-2 of the Act has books stating the name or title, domicile and individual number or corporate number, and other matters, of the person who transferred or took transfer of the negotiable deposit (limited to books prepared by receiving the presentation of any of the documents specified in the items of Article 337, paragraph (2) of the Order, or the transmission of the person's electronic certificate for signature or similar record, or a specified notice, etc. concerning the person, or by making the confirmation under paragraph (3)).

Where the head of the business office or office of the financial institution prescribed in Article 224-2 of the Act prepares books pursuant to the provisions of the preceding paragraph, that person must state in those books the matters listed in the items of Article 81-6, paragraph (8). In this case, the provisions of paragraph (9) of that Article apply mutatis mutandis to those books.

The form of the paper-based notice under paragraph (1) is as set out in Appended Table IV (4).

The provisions of Article 81 (Places of Residence, etc. to Be Notified by a Person Without a Domicile in Japan) apply mutatis mutandis to the places specified by Ministry of Finance Order as prescribed in Article 224-3, paragraph (1) (Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Act.

The transactions specified by Ministry of Finance Order, being transactions of buying and selling Securities before the Securities prescribed in Article 342, paragraph (2), item (iv) (Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Order are issued, are the when-issued transactions prescribed in Article 1, paragraph (2) (Definitions) of the Cabinet Office Order on Transactions Prescribed in Article 161-2 of the Financial Instruments and Exchange Act and Margin Thereof.

The provisions of Article 81-6, paragraphs (1) through (5) (Scope, etc. of Documents to Be Presented to the Head of the business office of a Savings Institution, etc.) apply mutatis mutandis to the documents specified by Ministry of Finance Order as prescribed in the items 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 343, paragraph (2) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Order. In this case, the phrase "Article 336, paragraph (4) (Notice by a Person Receiving Interest, Dividends, etc. on Deposits and Savings, Shares, etc.) of the Order" in Article 81-6, paragraph (1), item (iii) is deemed to be replaced with "Article 342, paragraph (4) (Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Order"; the phrase "Article 336, paragraph (4) of the Order" in paragraph (3), item (ii) of that Article with "Article 342, paragraph (4) of the Order"; and in paragraph (5) of that Article, the phrase "that paragraph through paragraph (3) of that Article" with "Article 342 of the Order" and the phrase "Article 337, paragraph (1) of the Order" with "Article 343, paragraph (1) (Presentation of a Copy of the Certificate of Residence and Other Documents Pertaining to Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Order".

Where an individual listed in Article 81-6, paragraph (1), item (ii) or (iii) as applied mutatis mutandis in the preceding paragraph (limited to a person who does not have a domicile in Japan) or a Foreign Corporation listed in paragraph (4), item (iv) of that Article has concluded a contract of mandate concerning the receipt in Japan of the price for a transfer (meaning the price prescribed in Article 342, paragraph (1) of the Order; the same applies in the following paragraph and paragraph (2) of the following Article) of the shares, etc. prescribed in Article 342, paragraph (1) (Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Order (referred to as "shares, etc." in the following paragraph and paragraph (2) of the following Article) with a person listed in Article 224-3, paragraph (1), item (ii) or (iv) (Notice by a Person Receiving the Price for a Transfer of Shares, etc.) of the Act, the documents specified in Article 81-6, paragraph (1), item (ii) or (iii) or paragraph (4), item (iv) as applied mutatis mutandis in the preceding paragraph are, in addition to the documents prescribed in those provisions, a copy of the power of attorney or contract relating to that contract of mandate bearing the name or title and the place of domicile outside Japan of that individual or Foreign Corporation.

Where the payer prescribed in Article 342, paragraph (4) of the Order of the price for a transfer of shares, etc. prepares books pursuant to that paragraph, that person must state in those books the matters listed in the items of Article 81-6, paragraph (8). In this case, the provisions of paragraph (9) of that Article apply mutatis mutandis to those books.