Explanation of Inheritance Tax in Japan for Foreigners

When purchasing real estate in Japan, you must consider the tax implications. It’s not just the purchase price or yield that matters, but also the inheritance tax in Japan for foreigners. This becomes essential if you plan to keep the property for the long term.

Your financial analysis should include estimating future acquisition and property taxes. You should also consider rental income. However, if you plan to keep the property for a long time, it’s crucial to consider the tax implications for your family, particularly inheritance tax.

This article provides an overview of the Japanese inheritance tax system and the tax implications for heirs when a property owner in Japan dies. Plaza Homes, our sponsor, is a bilingual real estate agency with over 50 years of experience in the Greater Tokyo Area.

How are heirs taxed in Japan?

In Japan, heirs pay tax, not the inheritance tax. The number of heirs affects the tax calculation.

Tax is calculated based on each heir’s legal share. It doesn’t matter whether the heir actually receives this share or not. Even if a person is excluded from a will, they may still be liable for tax.

It is possible to file separate inheritance tax returns. However, a single tax return is generally filed for all heirs. The deadline for filing is ten months after death or after becoming aware of the tax liability.

Heirs must also register their inheritance within three years of becoming aware of their acquisition.

Who are the legal heirs?

In Japan, legal heirs always include the surviving spouse, who cannot be disinherited.

The rules of succession are as follows:

First order of succession: children (adopted or biological). Children born out of wedlock have the same rights as legitimate children.
Second order of succession: parents. If the parents are deceased, the inheritance goes to the grandparents, then to the great-grandparents.
Third order of succession: brothers and sisters. If they are deceased, the inheritance goes to the nieces and nephews.

If no one inherits, an administrator will be appointed by the court to manage the estate.

How is inheritance tax calculated?

Once the heirs have been identified, the tax base (the value of the assets after deductions) is distributed among the legal heirs.

The tax is applied to the share received by each heir. The more heirs there are, the lower the tax rate will be.

Applicable deductions

Some deductions allow you to reduce inheritance tax:

Basic exemption: 30 million yen + 6 million yen per legal heir.
Life insurance: 5 million yen exemption per legal heir.
Mortgages: Mortgage debts are deducted from the value of the property, which can reduce taxes.
Children’s allowance: 100,000 yen x the heir’s age if the heir is under 18.
Disability allowance: 100,000 yen x the heir’s age (or 200,000 yen in case of severe disability).
Foreign tax credit: Applicable if the same property is subject to tax in another country.
Spouse Credit: No tax applies to the spouse’s share if it does not exceed the greater of the following two amounts: (1) the spouse’s legal share (generally 50% of the taxable estate), or (2) ¥160 million.

Valuation of real estate for inheritance tax

Assets are valued at their market value on the day of death. However, some assets, such as real estate, follow specific valuation rules.

Land valuation: The calculation is based on the official land value, called rosenka (路線価). This price is set by the National Tax Agency and published annually in July. It represents approximately 80% of the market value, with possible reductions.
Real estate valuation: For buildings, the value taken into account is approximately 70% of the market value, according to the real estate tax assessment.

Points of vigilance for foreigners

Generally, real estate owned in Japan is a taxable asset upon the death of the owner.

The application of tax on other assets depends on several criteria:

Residence and nationality of the deceased and heirs.
Type of Japanese visa of the deceased (if applicable).
Amount of time spent in Japan at the time of death.

For non-resident foreign investors with no other ties to Japan, a common strategy is to acquire the property through an offshore company. This allows them to avoid Japanese inheritance tax.

Conclusion

This article provides you with a general overview of the tax implications of owning real estate in Japan.

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