Income Tax Act

If a Resident paid a salary or other wage in Japan seeks to receive a deduction of the amount equivalent to the basic personal exemption set forth in item (ii), (f) of Article 190 (Year-End Adjustment) in calculating the amount of the excess or shortfall prescribed in that Article, the Resident must submit a declaration stating the following particulars to the competent district director for the locality for paying over taxes under Article 17 (Locality for Paying Over Withholding Tax) for the income taxes on that salary or other wage, via the person paying that salary or other wage (or, if the Resident is paid salaries or other wages by two or more persons paying a salary or other wage, the principal payer of salary), by the day before the day on which the Resident is paid the last salary or other wage for the year by that payer:

the name of that person paying the salary or other wage;

the estimated amount of the Resident's total income for the year;

any other particulars specified by Ministry of Finance Order.

A declaration under the preceding paragraph is referred to as a salary income earner's return for basic personal exemption.

If a Resident paid a salary or other wage in Japan seeks to receive a deduction in respect of the social insurance premiums, small enterprise-based mutual aid premiums and similar payments, new life insurance premiums, old life insurance premiums, nursing care and medical insurance premiums, new individual annuity insurance premiums, old individual annuity insurance premiums, or earthquake insurance premiums prescribed in item (ii), (b) of Article 190 (Year-End Adjustment) in calculating the amount of the excess or shortfall prescribed in that Article, the Resident must submit a declaration stating the following particulars to the competent district director for the locality for paying over taxes under Article 17 (Locality for Paying Over Withholding Tax) for the income taxes on that salary or other wage, via the person paying that salary or other wage (or, if the Resident is paid salaries or other wages by two or more persons paying a salary or other wage, the principal payer of salary), by the day before the day on which the Resident is paid the last salary or other wage for the year by that payer:

the name of that person paying the salary or other wage;

the amount of social insurance premiums as prescribed in Article 74, paragraph (2) (Social Insurance Premium Deduction) (excluding those deducted from salaries or other wages) and the amount of small enterprise-based mutual aid premiums and similar payments as prescribed in Article 75, paragraph (2) (Deduction for Small Enterprise-Based Mutual Aid Premiums and Similar Payments) (excluding those deducted from salaries or other wages), paid during the year;

the amount that would be deducted if those provisions applied to the amount of new life insurance premiums and the amount of old life insurance premiums prescribed in Article 76, paragraph (1) (Life Insurance Premium Deduction), the amount of nursing care and medical insurance premiums prescribed in paragraph (2) of that Article, the amount of the new individual pension insurance premium and the amount of the old individual pension insurance premium prescribed in paragraph (3) of that Article, and the amount of earthquake insurance premiums prescribed in Article 77, paragraph (1) (Earthquake Insurance Premium Deduction), paid during the year;

any other particulars specified by Ministry of Finance Order.

A Resident submitting a declaration under the preceding paragraph must, pursuant to Cabinet Order, submit or present a document certifying payment of the amount of social insurance premiums prescribed in item (ii) of that paragraph (limited to those set forth in Article 74, paragraph (2), item (v)) or the amount of small enterprise-based mutual aid premiums and similar payments prescribed in item (ii) of the preceding paragraph, or the amount of new life insurance premiums, the amount of old life insurance premiums, the amount of nursing care and medical insurance premiums, the amount of new individual annuity insurance premiums, the amount of old individual annuity insurance premiums, or the amount of earthquake insurance premiums prescribed in item (iii) of that paragraph, paid during the year.

A declaration under paragraph (1) is referred to as a salary income earner's return for insurance premium deduction.

The following salaries or other wages are not included in the salaries or other wages prescribed in Article 194 through the preceding Article (Declarations by Salary Income Earners Concerning Withholding):

salaries or other wages from which income taxes are not required to be withheld and paid over pursuant to Article 184 (Person Paying a Salary or Other Wages Exempt from Withholding at the Source);

salaries or other wages set forth in Article 185, paragraph (1), item (iii) (Salary or Other Wages Paid for Each Day Worked).

In the cases under Articles 194 through 196 (Declarations by Salary Income Earners Concerning Withholding), if a declaration under those provisions is accepted by the person paying the salary or other wage via whom it is to be submitted, the declaration is deemed to have been submitted to the district director prescribed in those provisions on the day on which it was accepted.

If the person paying the salary or other wage via whom a declaration under Articles 194 through 196 is to be submitted meets the requirements specified by Cabinet Order, including having taken measures that enable it to properly receive, by electronic or magnetic means (meaning a means using an electronic data processing system or any other means using information and communications technology, which is specified by Ministry of Finance Order; the same applies in this paragraph and paragraph (5)), the particulars to be stated in that declaration (referred to as the "required particulars" in this paragraph), a Resident paid a salary or other wage prescribed in those provisions may, in lieu of submitting that declaration, provide the required particulars to that person paying the salary or other wage by electronic or magnetic means. In such a case, the Resident paid that salary or other wage must take measures specified by Ministry of Finance Order that make the Resident's name clear.

For the purpose of applying paragraph (1) in a case where the preceding paragraph applies, the phrase "a declaration" in that paragraph is deemed to be replaced with "the particulars to be stated in a declaration"; the phrase "is accepted by the person paying the salary or other wage" is deemed to be replaced with "are provided to the person paying the salary or other wage"; and the phrase "the day on which it was accepted" is deemed to be replaced with "the day on which they were provided".

If a person paying a salary or other wage who receives a salary income earner's return for deduction for Dependents, etc., a return for deduction for Dependents, etc. regarding secondary salaries, a salary income earner's return for spousal deduction, etc., or a salary income earner's return for special deduction for specified relatives (referred to as a "return for deduction for Dependents, etc." in this paragraph) keeps, pursuant to Ministry of Finance Order, a book stating the names, individual numbers, and other particulars of the spouse for withholding deduction, the Claimable Spouse, the spouse whose living expenses are paid from the same resources as the Resident as prescribed in Article 83-2, paragraph (1) (Special Spousal Deduction), the relatives for withholding deduction, the specified relatives as prescribed in Article 84-2, paragraph (1) (Special Deduction for Specified Relatives), and other persons specified by Ministry of Finance Order who are to be stated in that return for deduction for Dependents, etc. (referred to as the "spouse or relative for withholding deduction and similar persons" in this paragraph) (limited to a book prepared, before the submission of that return for deduction for Dependents, etc., upon receiving any of the following declarations from the Resident paid the salary or other wage to whom the spouse or relative for withholding deduction and similar persons relate), the person paid that salary or other wage is not required, notwithstanding Article 194, paragraph (1), Article 195, paragraph (1), Article 195-2, paragraph (1), and Article 195-3, paragraph (1), to state the individual numbers stated in that book in the return for deduction for Dependents, etc. submitted to that person paying the salary or other wage; provided, however, that this does not apply if a name or individual number to be stated in that return for deduction for Dependents, etc. differs from the name or individual number of the spouse or relative for withholding deduction and similar persons stated in that book.

a return for deduction for Dependents, etc.;

a declaration on receipt of retirement income;

a return for Dependents, etc. by a recipient of a public pension or retirement package.

If a Resident paid a salary or other wage prescribed in Article 196, paragraph (1) provides the particulars to be stated in a salary income earner's return for insurance premium deduction by electronic or magnetic means pursuant to paragraph (2), the Resident may, pursuant to Cabinet Order, in lieu of submitting or presenting under paragraph (2) of that Article a document certifying payment of the amount of social insurance premiums, the amount of small enterprise-based mutual aid premiums and similar payments, the amount of new life insurance premiums, the amount of old life insurance premiums, the amount of nursing care and medical insurance premiums, the amount of new individual annuity insurance premiums, the amount of old individual annuity insurance premiums, or the amount of earthquake insurance premiums prescribed in that paragraph, provide the particulars to be stated in that document by electronic or magnetic means to the person paying the salary or other wage via whom that declaration is to be submitted. In such a case, the Resident paid that salary or other wage is deemed to have submitted or presented that document.