Legal & Tax
Purchasing land / house
Acquisition Tax
The tax is imposed when real estate is acquired. In principle,
Tax amount=Assessed Value of fixed assets ×4%
Under special provision: 3% (for land and residential buildings) and 4% (for non-residential buildings)
Registration & License Tax
When land and buildings are constructed or bought, registration and license taxes are imposed mainly for registration of preservation and relocation of ownership. The following tax rates are levied against the assessed value of fixed assets.
Registration of land ownership: 1.5%(up to Mar. 31, 2021 ※standard rate is 2%), Registration of building ownership : 2%.
Stamp Tax
The amount of stamp tax to be paid depends on the property price listed on the purchase agreement.
Consumption Tax (Not imposed on land)
When buying real estate, a 10% consumption tax will be levied on the purchase price. Since the land is tax-exempt, there is no consumption tax for a land purchase, but the building is subject to consumption tax.
※If the transaction is taxable, such as the purchase of newly constructed building or brokerage fee, consumption tax will be levied.
※For non-taxable transactions, such as purchasing a pre-owned home by an individual from an individual, the transaction is not subject to consumption tax.
Possessing land / house
Fixed Asset Tax
Owners of land, a house, and depreciable assets as of January 1st every year will be imposed yearly. In principle,
Tax amount = assessed value of fixed assets x 1.4%
The tax rate is decided by each municipal tax offices, which varies from areas.
City Planning Tax
Owners of land, a house, and depreciable assets as of January 1st every year will be imposed yearly. In principle,
Tax amount = assessed value of fixed assets x 0.3% (Maximum)
The tax rate is decided by each municipal tax offices, which varies from areas.
・Buyers will pay taxes proportionally when transaction is made
As mentioned above, fixed asset tax and city planning tax are imposed on owners of real estate as of January 1st of the year. However, most transactions take place during the calendar year. In this case, buyers usually pay the proportion of the fixed asset tax and city planning tax corresponding to the time the new buyer will own the property in the year to the sellers. Hence, these taxes are incurred when real estate is purchased as well.
Leasing land / house
Income Tax
It is a tax levied on personal income. The calculation is to subtract all expenses and deductions from the income of the year to get the profit, and then multiply it by the corresponding tax rate.
・When a non-resident leases real estate, if certain conditions are met, the lessee of the real estate is obligated to withhold 20.42% of the monthly rent and pay it to the tax office. (e.g., if the tenant is a corporation, it is not for residential use, the amount exceeds \100 million yen, etc.)
Selling land / house
Capital Gain Tax
It is a tax levied when the capital gain is realized on the sale of a property.The amount of capital gains that is taxable is calculated by using the amount that you receive from the buyer of the real estate property after deducting both the acquisition costs and transfer expenses. The applicable tax rates are as follows: ・Held not more than 5 years (short-term capital gain)
・Held more than 5 years (long-term capital gain)
・A special provision for self-owned houses held for more than 10 years(For resident of Japan only) For the amount of capital income under \60 million yen:
Stamp Tax The amount of stamp tax to be paid depends on the property price listed on the purchase agreement.
Consumption Tax ・For fully-taxed large business : A 10% consumption tax will be levied when selling buildings. ・For tax-exempt small business: No consumption tax is imposed. ※ Basically, individuals do not incur consumption tax when selling personal real estate.
・When a non-resident sells real estate, if certain conditions are met, the buyer of the real estate is obligated to withhold 10.21% of the sale price of the property and pay it to the tax office. (e.g., if the buyer is a corporation, it is not for residential use, the amount exceeds \100 million yen, etc.) ・a surtax of reconstruction funding will be levied in addition to the income tax, 2.1% temporary surtax on National income tax is in effect from 2013 to 2037. |
Inheriting, receiving gifted land / house
ift Tax
Gift tax is imposed when one receives properties such as land, a house, or the purchase money for real estate donated by individuals.
■Calculation of gift tax
Taxable amount= gifted asset value – \1.1 million(basic exemption)
Gift tax =taxable amount × tax rate -exemption
※1 Basic exemption: The gift tax will not be imposed if the total value of properties donated in one year is less than \1.1 million.
※2 Donations between spouses can be exempted under certain circumstances. Meanwhile, special rate is applicable if the beneficiary is 20 years or older and is a direct descendant of the donor.
Gift tax (Special case) | ||||
(The beneficiary is 20 years or order and is direct descendent of the donor) | ||||
Taxable Amount | Tax Rate | Exemption | ||
Up to ¥2 million | 10% | - | ||
Up to ¥4 million | 15% | ¥100 thousand | ||
Up to ¥6 million | 20% | ¥300 thousand | ||
Up to ¥10 million | 30% | ¥900 thousand | ||
Up to ¥15 million | 40% | ¥1.90 million | ||
Up to ¥30 million | 45% | ¥2.65 million | ||
Up to ¥45 million | 50% | ¥4.15 million | ||
Over to ¥45 million | 55% | ¥6.40 million |
Inheritance Tax
Inheritance tax is imposed when one acquires properties by inheritance or bequest upon the death of a decedent.
■Calculation of inheritance tax
Basic exemption=\30 million + \6 million X number of statutory heirs
Total taxable estate= Net estate amount −basic exemption
Inheritance tax=total taxable estate× tax rate – exemption
■How is inherited real estate assessed?
・Land
- Roadside land value method: roadside land prices for inheritance purpose × land size
- Multiplying method: assessed value of fixed assets × a certain multiplying rate (※ If roadside land value is not applicable)
・House: Assessed Value of fixed assets, which is approximately 70% of the actual value.
Inheritance tax | ||||
Total Taxable Estate | Tax Rate | Exemption | ||
Up to ¥10 million | 10% | |||
Up to ¥30 million | 15% | ¥500 thousand | ||
Up to ¥50 million | 20% | ¥2 million | ||
Up to ¥100 million | 30% | ¥7 million | ||
Up to ¥200 million | 40% | ¥17 million | ||
Up to ¥300 million | 45% | ¥27 million | ||
Up to ¥600 million | 50% | ¥42 million | ||
Over ¥600 million | 55% | ¥72 million |