Act on Special Measures Concerning Taxation

Where a person listed in Article 225, paragraph (1), item (xiii) of the Income Tax Act prepares, pursuant to the provisions of Order of the Ministry of Finance, the record concerning the cash settlement, etc. prescribed in Article 225, paragraph (1), item (xiii) of the Income Tax Act (hereinafter referred to in this Article as the "settlement of futures transactions") of futures transactions prescribed in that item (excluding those pertaining to crypto assets, etc. listed in Article 2, paragraph (24), item (iii)-2 of the Financial Instruments and Exchange Act or financial indicators prescribed in Article 29-2, paragraph (1), item (ix) of that Act) for each single settlement of futures transactions for the same resident or nonresident who has a permanent establishment, the person must, notwithstanding the provisions of that paragraph, submit the record to the district director by the last day of the month following the month that includes the day on which the settlement of futures transactions took place.

With regard to the application of the provisions of Article 35, paragraph (4) of the Income Tax Act (including as applied pursuant to Article 165, paragraph (1) of that Act) to public pensions or retirement packages in the case where an individual 65 years of age or older has, in any year from 2005 onward, revenue from public pensions or retirement packages prescribed in Article 35, paragraph (3) of that Act (hereinafter referred to in this paragraph and the following paragraph as "public pensions or retirement packages") during that year, the phrase "600,000 yen" in Article 35, paragraph (4), item (i) of that Act is deemed to be replaced with "1,100,000 yen", the phrase "600,000 yen)" is deemed to be replaced with "1,100,000 yen)", the phrase "500,000 yen" in item (ii) of that paragraph is deemed to be replaced with "1,000,000 yen", and the phrase "400,000 yen" in item (iii) of that paragraph is deemed to be replaced with "900,000 yen".

With regard to the application of the provisions of Part IV, Chapter III-2 of the Income Tax Act to public pensions or retirement packages subject to the provisions of the preceding paragraph, the following applies:

beyond what is specified in the preceding item, necessary matters concerning the application of the provisions of laws and regulations concerning income tax in the case where the provisions of the preceding paragraph apply are specified by Cabinet Order.

With regard to the application of the provisions of Part III, Chapter II, Section 3 and Part IV, Chapter V of the Income Tax Act in the case where a nonresident 65 years of age or older receives payment, on or after January 1, 2005, of a pension listed in Article 161, paragraph (1), item (xii), (b) of that Act, the phrase "50,000 yen" in Article 169, item (iii) or Article 213, paragraph (1), item (i), (a) of that Act is deemed to be replaced with "95,000 yen".

Whether the age of the individual referred to in paragraph (1) is 65 years or older is to be determined based on the individual's age as of December 31 of the year (or, where the individual dies during the year or the absence from Japan prescribed in Article 2, paragraph (1), item (xlii) of the Income Tax Act of the individual occurs during the year, as of the time of the death or absence from Japan), and whether the age of the resident referred to in paragraph (2) or the nonresident referred to in the preceding paragraph is 65 years or older is to be determined based on the person's age as of December 31 of the year.

Where the extinctive prescription has been completed for the right to receive pension benefits prescribed in Article 102, paragraph (1) of the National Pension Act or the right to receive the payment of pension benefits that are to be paid for each payment month based on that right, or for the right to receive insurance benefits prescribed in Article 92, paragraph (1) of the Employees' Pension Insurance Act (Act No. 115 of 1954) or the right to receive the payment of insurance benefits that are to be paid for each payment month based on that right, the provisions of Article 203-2 of the Income Tax Act do not apply to public pensions or retirement packages prescribed in Article 35, paragraph (3) of that Act that are to be paid to a resident without invoking the extinctive prescription of those rights.

With regard to the application of the provisions of Article 121, paragraph (3) of the Income Tax Act in the case where the provisions of the preceding paragraph apply, the phrase "the provisions" in that paragraph is deemed to be replaced with "or the provisions of Article 41-15-4, paragraph (1) (Non-Application of Withholding at the Source to Public Pensions or Retirement Packages to Be Paid without Invoking Extinctive Prescription) of the Act on Special Measures Concerning Taxation".

With regard to the life insurance premium deduction prescribed in Article 76, paragraph (11) of the Income Tax Act for 2026 or 2027 in the case where a resident has a dependent under 23 years of age (meaning a dependent prescribed in Article 2, paragraph (1), item (xxxiv) of that Act; the same applies in the following paragraph), the phrase "each year" in paragraph (1) of that Article is deemed to be replaced with "2026 or 2027", the phrase "20,000 yen" in item (i), (a) of that paragraph is deemed to be replaced with "30,000 yen", the phrase "20,000 yen" in (b) of that item is deemed to be replaced with "30,000 yen", the phrase "40,000 yen" is deemed to be replaced with "60,000 yen", the phrase "40,000 yen" in (c) of that item is deemed to be replaced with "60,000 yen", the phrase "80,000 yen" is deemed to be replaced with "120,000 yen", the phrase "30,000 yen" is deemed to be replaced with "45,000 yen", the phrase "80,000 yen" in (d) of that item is deemed to be replaced with "120,000 yen", the phrase "40,000 yen" is deemed to be replaced with "60,000 yen", and the phrase "40,000 yen" in item (iii) of that paragraph is deemed to be replaced with "60,000 yen".

In the case referred to in the preceding paragraph, whether a person falls under a dependent under 23 years of age is determined based on the circumstances as of December 31 of that year (or, where the resident dies during that year or the absence from Japan (meaning absence from Japan prescribed in Article 2, paragraph (1), item (xlii) of the Income Tax Act; hereinafter the same applies in this paragraph) of the resident occurs during that year, as of the time of the death or absence from Japan); provided, however, that if the person subject to that determination has already died as of that time, it is determined based on the circumstances as of the time of that death.

Where an elderly dependent prescribed in Article 2, paragraph (1), item (xxxiv)-4 of the Income Tax Act whom a resident has is a lineal ascendant of the resident or of the resident's spouse and is a person who ordinarily lives together with either the resident or the spouse, the amount of the deduction for dependents prescribed in Article 84, paragraph (2) of that Act pertaining to the elderly dependent is, notwithstanding the provisions of paragraph (1) of that Article, the amount obtained by adding 100,000 yen to the amount referred to in that paragraph.

Where, for each year from 2026 onward, a resident's total income pertaining to income tax for that year (meaning the total income referred to in Article 2, paragraph (1), item (xxx) of the Income Tax Act; the same applies in item (i)) is 6,550,000 yen (or, for each year from 2028 onward, 1,320,000 yen) or less, the amount of the basic personal exemption prescribed in Article 86, paragraph (2) of that Act is, notwithstanding the provisions of paragraph (1) of that Article, the amount obtained by adding, to the amount specified in item (i) of that paragraph, the amount specified in the following items according to the category of year listed in each item:

for 2026 and 2027: the amount specified in the following according to the category of case listed therein:

where the resident's total income pertaining to income tax for that year is 4,890,000 yen or less: 420,000 yen;

where the resident's total income pertaining to income tax for that year exceeds 4,890,000 yen: 50,000 yen.

for each year from 2028 onward: 370,000 yen.

With regard to the application of the provisions of Article 190 of the Income Tax Act in the case where the provisions of the preceding paragraph apply, the phrase "the provisions" in item (ii), (f) of that Article is deemed to be replaced with "and the provisions of Article 41-16-2, paragraph (1) (Special Provisions on Basic Personal Exemption, etc. for Each Year from 2026 Onward) of the Act on Special Measures Concerning Taxation".

Beyond what is prescribed in paragraph (2), Cabinet Order provides for the necessary particulars concerning the application of the provisions of paragraph (1) and the preceding two paragraphs.