Japanese taxation of a US Spin-off

August 6, 2011  |  Court, Dividend Taxation  |  No Comments

Japanese judicial decisions

On 21 April 2011 the Tokyo High Court handed down a decision concerning whether shares acquired by a Japanese resident individual further to a spin off by an American company should be treated as dividend income for Japanese income tax purposes. Read More

Taxpayer victory over blue form revocation

August 1, 2011  |  Court, News  |  No Comments

Japanese judicial decisions

On 1 December, 2010 the Tokyo Tax Tribunal found in favor of an individual taxpayer who had protested against the revocation of their “blue form” filing status following an audit. Read More

Tax avoidance and the Takefuji case

March 1, 2011  |  Court, News  |  No Comments

Japanese judicial decisions

On 18th February 2011 the Japanese Supreme Court handed down a decision in favor of the heir of the Japanese consumer finance company, Takefuji, in a case relating to individual tax residence for Japanese tax purposes.. Read More

Japanese tax litigation: Takefuji, hostesses and the ‘Rule of Law’

February 25, 2011  |  Court, News  |  No Comments

News, information

On the 19 February the Japanese Nikkei Newspaper published an article commenting on recent trends in Japanese tax litigation.  The article outlined a number of high profile cases that the Japanese tax authorities had lost in recent months Read More

Debt equity swap taxation

December 9, 2010  |  Corporate Recovery, Court  |  No Comments

Japanese judicial decisions

On 15 September 2010 the 12th division of the Tokyo High Court issued a judgment concerning the taxation of gain arising from the extinguishment of debt in a debt equity swap (‘DES’) transaction. Read More

Consideration paid for a TOB in a Japanese minority squeeze out

December 2, 2010  |  Court  |  No Comments

News, information

On 27 October the First Civil Division of the Tokyo High Court issued a decision concerning the basis of calculation of the consideration paid to acquire the shares of minority shareholders (below, the ‘Minority’) post a public offering to take Cybird Holdings, (below ‘Holdings’) private as part of a management buyout transaction. Read More

Individuals becoming non-Japanese resident

November 4, 2010  |  Court, Individual  |  No Comments

Japanese judicial decisions

The Japanese Tax Tribunal web site summarizes the results of an appeal dated 10 September 2009 concerning tax residence for an individual who went to work outside Japan while his family, whom he visited relatively regularly, remained living in Japan. Read More

Restatement of accounts and tax deductibility of expenses

October 23, 2010  |  Court, News  |  No Comments

Japanese judicial decisions

The Tokyo District Court (in Japanese commonly referred to as ‘東京地裁’) recently issued a decision in a case involving a plaintiff that had improperly capitalized costs into inventory in a prior financial year and then claimed a tax deduction for the write off of those costs in the subsequent financial year under appeal. Read More

Impairment losses on shares in a subsidiary

Japanese judicial decisions

This case concerns a Japanese company which claimed a deductible impairment loss on shares in a recently acquired US subsidiary which it had re-capitalized.  The facts of the case reflect what is probably a relatively common commercial situation. Read More

Tax deductibility of bonus payments

September 24, 2010  |  Court, News  |  No Comments

Japanese judicial decisions

On 16 October 2009 the Osaka High Court determined, in favor of the tax authorities, an appeal from a taxpayer concerning the timing of tax deductibility of bonus payments. Read More