The transfer pricing section of the 2011 tax reform proposals starts by noting that proposed changes to the transfer pricing regulations Read More
On the 11th February the Asahi Newspaper reported on the progress of 2011 tax reform proposals introducing tax preferences for certain foreign groups establishing subsidiaries in Japan (below the ‘Asian Base Promotion’ proposals and in Japanese the ‘アジア拠点化推進法案’ or ‘ajia kyotenka suishin houan’). Read More
The following case study considers whether or not a transaction that does not have the legal form of a guarantee may still be treated as, in substance, being a guarantee from a Foreign Controlling Shareholder for the purposes of the Japanese thin capitalisation regulations.
This section should be read in conjunction with the articles on the Japanese thin capitalisation regulations which can be found here.
Capitalised terms below are as defined in the thin capitalisation section.
The following article is a case study looking at the application of the Japanese thin capitalisation regulations to a stock borrowing transaction.
This article should be read in conjunction with the articles outlining Japanese thin capitalisation regulations which can be found here.
Terms in capitals are as defined in the thin capitalisation articles unless otherwise explained below.
The Japanese Corporate Law (‘JCL’) includes measures allowing creditors or shareholders of the Ceasing or Surviving Companies in a Japanese merger to object to the merger along with mechanisms allowing the companies involved to resolve such objections. This article describes these measures in more detail.
Procedures for the protection of creditors
Under JCL articles 789-2 and 799-2 the Ceasing and Surviving Companies of a merger are required to Read More