Section I. Estate Tax
Article 16. In case the decedent has his domicile in the territory where this Law is prevailing, at the time of death, the assessment of the taxable amount shall be made by deducting the following items from the value of the estate:
1. Liabilities of the decedent existing at the time of inheritance (including taxes and public impositions).
Obligations to donated property, arising out of a contract made within two years prior to the time of inheritance, which is yet unfulfilled at the time of inheritance, shall not be counted as liabilities referred to under No.1 of the preceding paragraph, for purposes of the computation of the taxable estate.
Article 17. In case the decedent does not have his domicile in the territory where this Law is prevailing, at the time of his death, the assessment of the taxable amount shall be made by deducting the following items in his liabilities (including taxes and public impositions) from the value of estate located in the territory where this Law is prevailing:
1. Public taxes and impositions on the estate in question.
2. Liabilities secured by lien, prior lien, pledge or mortgage existing on the estate in question.
3. Besides the foregoing numbers, the liabilities arising from the acquisition, maintenance or custody of the estate in question.
4. The obligation to make donation regarding the estate in question (excluding such as accrued due to the contract made within two years prior to the time of inheritance).
5. Besides the foregoing numbers, in case the decedent had the place of his business or office in the territory where this Law is prevailing at the time of his death, the liabilities outstanding in connection with said office or business.
Article 18. Liabilities deductible from the value of estate by virtue of the preceding two Articles, shall be limited to those deemed unquestionable.
Article 19. The value of the following estate shall not be counted in the taxable amount:
1. Property donated or bequeathed to the nation, prefectures, cities, towns, villages or other public bodies as may be provided for by Ordinance.
2. Property donated by the decedent to a donee within two years prior to the time of inheritance, only in case the total thereof per donee does not exceed 1,000 yen.
3. Claims on life insurance money, retirement allowances or regular allowances referred to under Art.4, par.1, Nos.3, 4, 6, or 7, only under the limitation of 30,000 yen for the total thereof.
4. The property donated from one person to the other both of which are obligated to mutually sustain other's living, for the purpose of living or educational expenses, only under the limit deemed ordinarily necessary.
Article 20. Property donated or bequeathed to persons operated aiming at religious, charitable, scholarly or other purposes of public interests as may be provided for by Ordinance, within two years prior to the time of inheritance shall not be counted in taxable estate, only under the limitation of 100,000 yen or 1/10 of the taxable amount before the application of the present Article and Art.21, whichever is smaller, for the total donations or bequests.
Article 21. 50,000 yen shall be deducted from the taxable amount for purposes of the estate tax.
Article 22. The taxable amount of the estate tax (meaning the taxable amount after deduction of the preceding Article, the same goes within this section excepting the case so specified) shall be classified into following grades and each tax rate shall be applied successively:
|
Tax Rates |
Class I |
Class II |
Class III |
In case heirs are: Taxable Amount Descendants of the direct lineage or spouses Ascendents of the direct lineage, brothers and sisters Others than those referred to under the lefts. |
\ % % % |
|
under 20.000 |
10 |
13 |
15 |
over 20,000 |
12 |
15 |
17 |
,, 50,000 |
14 |
17 |
19 |
,, 100,000 |
16 |
19 |
21 |
,, 150,000 |
18 |
21 |
23 |
,, 200,000 |
21 |
24 |
26 |
,, 250,000 |
24 |
27 |
29 |
,, 300 000 |
27 |
30 |
32 |
,, 350,000 |
30 |
33 |
35 |
,, 400,000 |
33 |
36 |
38 |
,, 500,000 |
36 |
39 |
41 |
,, 600,000 |
39 |
42 |
44 |
,, 800,000 |
42 |
45 |
47 |
,, 1,000,000 |
45 |
48 |
50 |
,, 1,500,000 |
48 |
51 |
53 |
,, 2,000,000 |
51 |
54 |
56 |
,, 3,000,000 |
54 |
57 |
59 |
,, 4,000,000 |
57 |
60 |
92 |
,, 5,000,000 |
60 |
63 |
65 |
In case there are two or more taxpayers, the amount of tax for each of the taxpayers shall be figured out by allocating the total tax computed by applying the tax rate of the preceding paragraph to the total taxable amount in proportion of the benefits received by each in the total taxable amount before the deduction of the preceding Article;provided, however, in case there are two or more taxpayers of different classes, it shall be computed by figuring out total tax at the tax rate applicable to each taxpayer and them applying the ratio of the actual benefits he received to the total taxable amount.
In case two or more persons have received insurance money, or supplied retirement allowances, or acquired titles to regular allowances referred to under Art.4, par.1, Nos.3, 4, 6 or 7, the amount of benfits which a taxpayer referred to under the preceding paragraph received, shall be computed by dividing the amount which has not been counted in the taxable amount by virtue of Art.19, No.3 in proportion to the amount of insurance money amount of retirement allowances, or value of the title to regular allowances, which was received by said taxpayer.
The provision of the preceding paragraph shall apply in respect of the computation of amount of benefits received by each taxpayer, in case there are two or more such persons as are prescribed under Art.20 to be applied same Article.
In case existence of an heir is unknown, the amount of tax to be paid by the heir shall be computed by applying the tax rates of Class III.
If, in the case of the preceding paragraph, the heir has become known later on to be a person entitled to the application of the tax rates of Class I or II, the Government shall make adjustment and refund the tax overpaid.
Article 23. In case the decedent had paid or was obligated to pay the estate tax on the property he inherited from his predecessor within five years prior to his death, an amount in the estate tax imposed on the estate of the decedent, which is equal to the total estate tax imposed on the previous inheritance, which was paid or to have been paid by the decedent, may be exempted according to the provisions as provided for by Ordinance.
The amount of tax deductible by virtue of Art.26, shall be deemed to have been paid, for purposes of the application of the preceding paragraph.
Article 24. If, in respect to the trusteeship referred to under Art.6, par.1, Nos.1 to 3, a person designated to be the beneficiary accepted to be so or the beneficiary came into existence or conditions realized before the death of the beneficiary which accompanied inheritance, the estate tax paid or to have been paid by the beneficiary pursuant to Art.6, shall be deemed to be the estate tax paid by the beneficiary, for purposes of par.1 of the preceding Article.
Article 25. In case an estate tax is imposed on the estate located in the territory outside the territory where this Law is prevailing according to statutes prevailing in that territory, said tax shall be credited against the estate tax of this Law as prescribed by Ordinance.
Article 26. In case the gift tax has been paid or is to be paid on the donation made by the decedent within years prior to his death, the tax (excluding the tax in deficit or penalty tax to be paid pursuant to Arts.58 and 59;the same goes within this Article) shall, as prescribed by Ordinance, be credited against the estate tax to be paid by the heir.
For purposes of the preceding paragraph, said gift tax shall be added to the taxable amount of the estate on the computation of estate tax.
The amount added to the taxable amount of the estate pursuant to the preceding paragraph, shall be, for purposes of the computation of the benefits received by a taxpayer to be made pursuant to Art.22, par.2, counted in the amount of benefits received by the heir;if there are two or more heirs in this case, the amount to be added shall be divided for each heir in proportion of the value of the estate each is entitled, for the purpose of figuring out the amount to be counted in each benefits.