Japanese trusts in real estate transactions

November 20, 2010  |  Real Estate, Trusts  |  No Comments

Osaka real estate in need of some redevelopment.

In Japanese real estate transactions rather than owning real estate directly, it is common for a real estate special purpose company (‘SPC’) to own a real estate trust beneficiary certificate (referred to below as a ‘Trust Certificate’) which evidences ownership of an interest in a trust whose underlying asset is Japanese real estate. Read More

Japanese trust taxation – introduction

June 15, 2010  |  Transactions, Trusts  |  No Comments

A picture of five geisha taken in the Meiji era

This post is an introduction to the taxation of Japanese trusts.  Japanese trust taxation is a confusing area because of the large number of different trust forms which have a range of similar sounding names.  An understanding of Japanese trusts and their taxation is, however, useful when understanding many of the different financial products available in the Japanese market and their treatment for Japanese individual tax purposes.  Furthermore, transactions involving the use of trusts created for securitisation or similar financing purposes are gaining in popularity in the Japanese capital markets.  Examples include the  March 2010 Mitsubish Sumitomo Bank loan securitisation or Softbank’s  use of trusts in whole business securitisations .  This is a promising area for the future. Read More