Financial Services Tax News Stamp tax relief on real estate April 2013
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Financial Services Tax News Stamp tax relief on real estate April 2013
www.pwc.com/jp/tax Financial Services Tax News Stamp tax relief on real estate contracts (2013 Tax Reform) April 2013 ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ This newsletter explains the special relief from stamp tax introduced on a purchase and sale agreement of real estate property in the 2013 tax reform. ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ The 2013 tax reform bill was passed into law by the Japanese Parliament (Diet) on March 29, 2013. This newsletter focuses on reform of a special stamp tax relief on purchase and sale agreements of real estate property and construction agreements; which is now extended and expanded under the 2013 tax reform. Financial Services Tax News Extension and expansion of special stamp tax relief on real estate contracts Reduced rates of stamp tax are available to documents with respect to a purchase and sale agreement of real estate property and construction agreement executed during period from April 1, 1997 to March 31, 2013. The 2013 tax reform extended this relief for one more year (i.e., until March 31, 2014) in order to support real estate transactions and investment in construction project. In addition, in light of the forthcoming increase in consumption tax, new reduced rates are to be introduced that will become applicable to these documents executed between April 1, 2014 and March 31, 2018. The reduced rates are tabled as follows: Unit: JPY Contracted Amount Purchase and Sale Construction Agreement Agreement of real estate property up to 100,000 up to 1 million over up to over 1 up to 2 100,000 500,000 million million over up to 1 over 2 up to 3 500,000 million million million over 1 up to 5 over 3 up to 5 million million million million over 5 million up to 10 million over 10 million up to 50 million over 50 million up to 100 million over 100 million up to 500 million over 500 million up to 1 billion over 1 billion up to 5 billion over 5 billion Base Rate (Note 1) Reduced Rate up to March 31, 2014 Reduced Rate up to March 31, 2018 (Note 2) 200 - - 400 - 200 1,000 - 500 2,000 10,000 20,000 60,000 100,000 200,000 400,000 600,000 - 1,000 5,000 10,000 30,000 60,000 160,000 320,000 480,000 15,000 45,000 80,000 180,000 360,000 540,000 (Note 1) Applicable unless the reduced rates apply (Note 2) Applicable to documents executed during the period from April 1, 2014 to March 31, 2018 The reduced tax rates apply to a purchase and sale agreement of real estate property even where the agreement contains side-by-side letters with terms as listed in Item 1 in the Appended Table 1 of the Stamp Tax Act. A construction agreement means a contractual document prepared in respect of construction works of buildings as defined in Article 2, Paragraph 1 of the Construction Business Act. Even where the construction agreement contains other service contracts in addition to the construction works of building, the relief is still applicable. However, the relief would not be available if the agreement only contains service contracts such as designing, maintenance and repair of buildings, but not the construction of buildings. Other items on stamp tax reforms Currently, receipts (ryoshu-sho) for money or securities of less than JPY 30,000 are exempt from stamp tax. In light of market practice with increasing e-commerce transactions not subject to stamp tax, the 2013 tax reform expands the threshold for this exemption from JPY 30,000 to JPY 50,000, which will be applicable to receipts on or after April 1, 2014. PwC 2 Financial Services Tax News For more detailed information, please do not hesitate to contact your financial tax services representative or any of the following members: Zeirishi-Hojin PricewaterhouseCoopers Kasumigaseki Bldg. 15F, 2-5, Kasumigaseki 3-chome, Chiyoda-ku, Tokyo 100-6015 Telephone: 81-3-5251-2400, http://www.pwc.com/jp/tax Financial Services Partner Sachihiko Fujimoto 81-3-5251-2423 [email protected] Katsuyo Oishi 81-3-5251-2565 [email protected] Yuka Matsuda 81-3-5251-2556 [email protected] Akemi Kito 81-3-5251-2461 [email protected] Hiroshi Takagi 81-3-5251-2788 [email protected] Raymond Kahn 81-3-5251-2909 [email protected] Stuart Porter 81-3-5251-2944 [email protected] Kenji Nakamura 81-3-5251-2589 [email protected] Nobuyuki Saiki 81-3-5251-2570 [email protected] Akiko Hakoda 81-3-5251-2486 [email protected] Kyoko Imamura 81-3-5251-2855 [email protected] Senior Manager Satoshi Matsunaga 81-3-5251-2586 [email protected] Manager Takashi Nonaka 81-80-3592-6104 [email protected] Hiroko Suzuki 81-80-3592-6100 [email protected] Kotaro Fujino 81-80-4104-5364 [email protected] Nobuyoshi Hiruma 81-80-3592-6099 [email protected] Kohei Kobayashi 81-80-4104-5446 [email protected] Teruyuki Takahashi 81-3-5251-2873 [email protected] Ryann Thomas 81-3-5251-2356 [email protected] Naoki Hayakawa 81-3-5251-6714 [email protected] Director Transfer Pricing Consulting Group Partner Director PwC Japan Tax (Zeirishi-Hojin PricewaterhouseCoopers), a PwC member firm, is one of the largest professional tax corporations in Japan with about 470 people. Within this practice, our Financial Services Tax Group is comprised of approximately 70 professionals, dedicated specifically to advising the financial services industry. In addition to tax compliance services our tax professionals are experienced in providing tax consulting advice in all aspects of domestic/international taxation including financial and real estate, transfer pricing, M&A, group reorganisation, global tax planning, and the consolidated tax system to clients in various industries. PwC firms help organisations and individuals create the value they’re looking for. We’re a network of firms in 158 countries with more than 180,000 people who are committed to delivering quality in assurance, tax and advisory services. Tell us what matters to you and find out more by visiting us at www.pwc.com This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. © 2013 Zeirishi-Hojin PricewaterhouseCoopers. All rights reserved. PwC refers to Zeirishi-Hojin PricewaterhouseCoopers, a member firm in Japan, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. PwC 3