Regulation for Enforcement of the Income Tax Act

A trustee of a trust prescribed in Article 227 (Trust Accounting Statements) of the Act must, pursuant to Article 227 of the Act, submit a statement stating the following matters, for each beneficiary prescribed in Article 13, paragraph (1) (Attribution of Trust Property Assets and Liabilities and of Proceeds and Expenses Attributable to Trust Property) of the Act relating to that trust (including a person deemed to be a beneficiary prescribed in paragraph (1) of that Article pursuant to paragraph (2) of that Article; hereinafter in this paragraph and paragraph (3) referred to as a "beneficiary, etc."), to the district director having jurisdiction over the location of the office, place of business or other equivalent of the trustee that handles the affairs relating to that trust.

the name or title, domicile or residence (for a person who has no residence in Japan, the domicile outside Japan; hereinafter the same in this item) or location of the head office or principal office, and individual number or corporate number of the settlor and the beneficiary, etc. (for a person who has neither an individual number nor a corporate number, the name or title, domicile or residence, or location of the head office or principal office);

the term and purpose of the trust;

in the case of a trust whose trustee is a trust company (meaning a trust company prescribed in Article 227 of the Act; hereinafter the same in this paragraph) (excluding a specified donation trust prescribed in Article 4-5, paragraph (1) (Tax Exemption on Interest Income of Specified Donation Trusts) of the Act on Special Measures Concerning Taxation (hereinafter in this paragraph and paragraph (3) referred to as a "specified donation trust"); the same applies in the following item), as of the end of each business year of that trust company, and in the case of a trust whose trustee is a person other than a trust company, or a specified donation trust, as of December 31 of the previous year, the breakdown of the assets and liabilities relating to that trust and the amounts of the assets and liabilities;

in the case of a trust whose trustee is a trust company, during each business year, and in the case of a trust whose trustee is a person other than a trust company, or a specified donation trust, during the previous year, the changes in the assets relating to that trust and the amounts of proceeds and expenses attributable to the trust property;

matters concerning the content of the trust profits delivered to the beneficiaries, etc., changes of beneficiaries, etc., and the remuneration, etc. to be received by the trustee;

if the tax agent notified by the settlor or a beneficiary, 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;

where the trust is a specified donation trust, a statement to that effect and the following matters:

the amount of the principal of the trust at the time of conclusion of the specified donation trust contract (meaning the specified donation trust contract prescribed in Article 4-5, paragraph (2) of the Act on Special Measures Concerning Taxation) relating to that specified donation trust;

the amount of donations expended from the trust property of that specified donation trust during the previous year and, out of the amount of interest, etc. prescribed in Article 4-5, paragraph (1) of the Act on Special Measures Concerning Taxation to which that paragraph has applied that is attributable to that trust property, the amount expended as donations during the previous year, and the dates on which those donations were expended;

the name or title and domicile or residence or location of the corporation that received the donations in (b), or of the trustee of the public interest trust prescribed in Article 11, paragraph (2) (Nontaxability of Public Corporations and Charitable Trusts) of the Act, and the name of that public interest trust.

any other matters for reference.

In the case of the preceding paragraph, where the total amount of the amounts of proceeds attributable to the trust property set forth in item (iv) of that paragraph, for each person, is 30,000 yen (15,000 yen if the period forming the basis for calculating that total amount is less than one year) or less, the statement under that paragraph relating to that trust need not be submitted.

Where the trust falls under any of the following cases, the provisions of the preceding paragraph do not apply to the statement in paragraph (1) relating to that trust (limited to one whose beneficiaries, etc. are Residents or Nonresidents having a permanent establishment):

where it is a specified donation trust;

where the amount of proceeds prescribed in the preceding paragraph includes interest, etc. or dividends, etc. set forth in Article 8-5, paragraph (1), items (ii) through (vii) (Dividend Income, etc. for Which No Tax Return Is Required) of the Act on Special Measures Concerning Taxation, or redemption money under Article 41-12-2, paragraph (3) (Special Provisions on Withholding at the Source, etc. for the Amount of Gain from Discount Bonds) of that Act of a specified discount bond prescribed in that paragraph, or redemption money of a foreign discount bond prescribed in paragraph (1), item (ii) of that Article, which relates to a discount bond prescribed in paragraph (6), item (i) of that Article that falls under listed shares, etc. prescribed in Article 37-11, paragraph (2) (Special Provisions on Taxation of Capital Gains, etc. on Listed Shares, etc.) of that Act.

The form of the statement in paragraph (1) is as set forth in Appended Table VII (1).

A partner prescribed in Article 29, paragraph (3) (Preparation and Retention of Accounting Books) of the Limited Liability Partnership Act (Act No. 40 of 2005) who executes the business of a limited liability partnership prescribed in Article 2 (Definitions) of that Act formed by a limited liability partnership agreement prescribed in Article 3, paragraph (1) (Limited Liability Partnership Agreement) of that Act (referred to as a "limited liability partnership agreement" in item (iv)) (hereinafter in this paragraph referred to as a "limited liability partnership"), or an unlimited liability partner who executes the business of an investment limited partnership prescribed in Article 2, paragraph (2) (Definitions) of the Limited Partnership Act for Investment (Act No. 90 of 1998) formed by an investment limited partnership agreement prescribed in Article 3, paragraph (1) (Investment Limited Partnership Agreement) of that Act (referred to as an "investment limited partnership agreement" in item (iv)) (hereinafter in this paragraph referred to as an "investment limited partnership"), must, pursuant to Article 227-2 (Statement of Partner Income from a Limited Liability Business Partnership) of the Act, submit a statement stating the following matters, for each partner prescribed in Article 227-2 of the Act relating to that limited liability partnership or investment limited partnership (hereinafter in this paragraph referred to as a "business partnership") (hereinafter in this paragraph referred to as a "partner of a business partnership"), to the district director having jurisdiction over the location of the principal office of that business partnership.

the name or title, domicile or residence (for a person who has no residence in Japan, the domicile outside Japan; hereinafter the same in this item) or location of the head office or principal office, and individual number or corporate number of the partner of the business partnership (for a person who has neither an individual number nor a corporate number, the name or title, domicile or residence, or location of the head office or principal office);

the name and location of the principal office of the business partnership, and the name or title and individual number or corporate number (for a person who has neither an individual number nor a corporate number, the name or title) of the partner who prepared the accounting books of that limited liability partnership (meaning the partner who prepared the accounting books prescribed in Article 29, paragraph (3) of the Limited Liability Partnership Act) or of the unlimited liability partner who executes the business of the investment limited partnership;

the calculation period of the partnership (meaning the period of the business year of the limited liability partnership under Article 4, paragraph (3), item (viii) (Preparation of the Partnership Agreement) of the Limited Liability Partnership Act or the period of the business year of the investment limited partnership under Article 8, paragraph (1) (Keeping and Inspection, etc. of Financial Statements, etc.) of the Limited Partnership Act for Investment; hereinafter the same in this paragraph) and the content of the business of that business partnership;

the amount corresponding to the total amount of the values of the money or other property prescribed in Article 11 (Contributions by Partners) of the Limited Liability Partnership Act for which, by the end of the calculation period of that limited liability partnership, the partner of the limited liability partnership made a contribution under the limited liability partnership agreement pursuant to that Article, which values are recorded in the accounting books of that limited liability partnership as the value of contributions prescribed in Article 29, paragraph (2) of that Act, and other matters concerning contributions; or the amount corresponding to the total amount of the values of the money or other property prescribed in Article 6, paragraph (2) (Contributions by Partners) of the Limited Partnership Act for Investment for which, by the end of the calculation period of that investment limited partnership, the partner of the investment limited partnership made a contribution under the investment limited partnership agreement pursuant to that paragraph, which values are recorded in the accounting books of that investment limited partnership as the value of contributions, and other matters concerning contributions;

out of the distribution amount prescribed in Article 35, paragraph (1) (Liability for Distribution of Property) of the Limited Liability Partnership Act, or the value of partnership property prescribed in Article 10, paragraph (1) (Restriction on Distribution of Property) of the Limited Partnership Act for Investment, relating to money or other assets delivered to the partner of the business partnership during the calculation period of the partnership, the total amount of the amount corresponding to the portion delivered to that partner and the amount corresponding to the portion delivered to that partner by the end of the calculation period of the partnership;

the proportion of distribution of profits and losses of the partner of the business partnership prescribed in Article 33 (Proportions of Partners' Distributions of Profits and Losses) of the Limited Liability Partnership Act, or the proportion of distribution of profits and losses under Article 674 (Proportions of Partners' Distributions of Profits and Losses) of the Civil Code as applied mutatis mutandis pursuant to Article 16 (Mutatis Mutandis Application of the Civil Code) of the Limited Partnership Act for Investment;

the breakdown of the proceeds and expenses recorded in the profit and loss statement of the business partnership for the calculation period of the partnership, and, out of those proceeds and expenses, the amount corresponding to the amount of those proceeds and expenses of the partner of the business partnership;

the breakdown of the assets and liabilities recorded in the balance sheet of the business partnership as of the last day of the calculation period of the partnership, and, out of those assets and liabilities, the amount corresponding to the amount of those assets and liabilities of the partner of the business partnership (where the partner of the business partnership is a partner who withdrew during that calculation period, the breakdown of the assets and liabilities recorded in the balance sheet of the business partnership or any similar document immediately before the date of withdrawal, and, out of those assets and liabilities, the amount corresponding to the amount of those assets and liabilities of the partner who withdrew);

if the tax agent notified by the partner of the business partnership 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.

The form of the statement in the preceding paragraph is as set forth in Appended Table VII (2).