Journal Article One Japanese case on taxation surrounding foreign trust


6 ( 1 )  , pp.111 - 131 , 2015-04 , 事業創造大学院大学
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 taxation in connection withforeign trust, but the meaning of that case is not limited to that point. Japan is nowstruggling with a series of tax cases concerning Limited Partnerships. Here we, astax lawyers, must formulate the way of approaching the problem, i.e. how tointerpret and apply Japanese national tax legislation with regard to “foreign”elements. Based on the classical way of tax law interpretation in relation to privatelaw, is it appropriate only to look at Japanese law? Or should we also have toconsider foreign laws?Now is the time to introduce and to consider that Japanese case in the light ofthe above-mentioned view and to share the view with international tax communityon “worldwide basis”.

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