7. Reclaiming VAT ① Can non-Japanese companies reclaim VAT paid on Japanese expenses?

Non-Japanese companies can potentially reclaim VAT (known as Consumption Tax in Japan) paid on expenses incurred within Japan, but there are specific conditions and limitations to be aware of. Here’s how the process generally works:

  1. VAT Registration Requirement:
    To reclaim VAT in Japan, non-Japanese companies generally need to be registered for VAT in Japan. This is a crucial step because VAT refunds are typically processed through regular VAT returns.
  2. Business Purpose:
    VAT can only be reclaimed on goods and services that are used for business purposes, specifically for making taxable supplies. If the expenses are related to exempt supplies or are not directly linked to the business activity, the VAT on these expenses may not be recoverable.
  3. Local Establishment:
    Companies without a physical presence or permanent establishment in Japan often face difficulties in registering for VAT and subsequently reclaiming it. These companies may need to establish a local entity or work through a fiscal representative to manage VAT affairs.
  4. Documentation and Record-Keeping:
    To support a VAT reclaim, detailed documentation must be maintained. This includes invoices, receipts, and import documentation showing that VAT was paid. These documents must clearly indicate the VAT amount and be compliant with Japanese tax invoice requirements.
  5. Submission of VAT Returns:
    VAT reclaims are typically made through the submission of regular VAT returns. Companies need to file these returns within the stipulated deadlines, detailing their output VAT (if any) and the input VAT they intend to reclaim.
  6. Restrictions and Exclusions:
    There may be restrictions on reclaiming VAT for certain types of expenses, such as entertainment or non-business-related expenditures. Understanding these restrictions is important to ensure compliance and maximize VAT recovery.
  7. Time Limits:
    There are time limits within which VAT must be reclaimed. Typically, this is within a specific period from when the VAT was incurred or from the end of the tax period in which the expense was made.
  8. International VAT Reclaim Services:
    Some non-Japanese companies use specialized VAT reclaim services that handle the complex process of recovering VAT for businesses operating internationally. These services can navigate the local regulations and language barriers effectively.

Non-Japanese companies should consider consulting with a tax professional who specializes in Japanese tax law to navigate the complexities of VAT registration and reclaim procedures. This professional guidance is crucial to effectively manage VAT costs and ensure compliance with Japanese tax regulations.
The information provided here is based on legislation as it stands on the date of publication and may not reflect subsequent changes. We advise clients to seek tailored professional advice before making any decisions based on this information.

6. International Transactions ⑨ How is VAT Calculated on Foreign Exchange Differences in International Sales?

In Japan, the conversion of foreign currency for the purposes of consumption tax (消費税, shohizei) generally follows similar principles as those used for corporate tax (法人税, hojinzei). The key points are as follows:

  1. Basic Principle:
    The general rule for foreign currency transactions is that the value of the transaction must be converted into Japanese Yen (JPY) using a fair and reasonable exchange rate.
  2. Exchange Rate:
    The exchange rate to be used should be the rate as of the date of the transaction. However, companies often use the exchange rate published by the Bank of Japan (BOJ) or the Tokyo Foreign Exchange Market for practical purposes.
  3. Consistent Application:
    Companies must apply the chosen exchange rate consistently throughout the fiscal year. This ensures that the tax treatment remains uniform and fair.
  4. Invoice Method:
    When invoices are issued in a foreign currency, the amount of each consummation tax applied by different tax rates must converted into JPY using the exchange rate at the time of issuance. This method aligns with the treatment of foreign currency in corporate tax accounting.
  5. Corporate Tax Reference:
    The conversion methods for consumption tax are aligned with those used for corporate tax to maintain consistency in financial reporting and tax compliance. According to the Corporate Tax Act, businesses must convert foreign currency transactions at a rate that is deemed fair and appropriate, often using daily or monthly average rates.
  6. Special Provisions:
    In certain cases, the tax authority may allow or require different methods of conversion if deemed necessary for accurate tax reporting.

The alignment of foreign currency conversion methods between consumption tax and corporate tax simplifies the compliance process for businesses operating in Japan. By adhering to consistent and fair exchange rate practices, companies ensure accurate tax reporting and reduce the risk of discrepancies.
The information provided here is based on legislation as it stands on the date of publication and may not reflect subsequent changes. We advise clients to seek tailored professional advice before making any decisions based on this information.