publication . Article . 2015

One Japanese case on taxation surrounding foreign trust

SUZUKI, Yuya;
Open Access English
  • Published: 01 Apr 2015 Journal: 事業創造大学院大学紀要, volume 6, issue 1, pages 111-131 (issn: 2185-4769, Copyright policy)
  • Publisher: 事業創造大学院大学
Abstract
Taxation surrounding trust at cross-border situation is paid attention to byworldwide basis. Japan is not exception. According to recent Japanesejurisprudence, where a trust had been established in accordance with State law ofNew Jersey, the U.S., it was disputed whether or not the act settling that trust fellwithin “shintaku koui (an act of trust)” and one of the related members, who had beena minor child at that time, fell within “jyueki sha (beneficiary)” under JapaneseInheritance Tax Act. Lower courts faced complete opposite sides, and the finaljudgment at the Supreme Court is eagerly awaited for.Currently this is the fi rst and only Japanese case on taxatio...
Subjects
free text keywords: foreign trust, Inheritance Tax Act, Gift Tax, confl ict of laws
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Article . 2015
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