"Domestic" vs. "Foreign" for Japanese Consumption Tax: How to Determine the Place of Transaction for Goods and Services I. Introduction: The Critical Role of "Place of Supply" in Japanese Consumption Tax (JCT) For any business involved in transactions that might have a connection to Japan, understanding the "place of supply" rules under Japanese Consumption Tax (JCT) law is fundamental. JCT, known as Shōhizei (消費税)
Dissecting Pay Disparities: The Hamakyorex Supreme Court Ruling on Fixed-Term vs. Permanent Employees in Japan Case: Supreme Court of Japan, Second Petty Bench, Judgment of June 1, 2018 (Case Nos. 2016 (Ju) No. 2099 & No. 2100: Claim for Unpaid Wages, etc.) Appellant/Appellee (Employer): Y Company Appellee/Appellant (Employee): X On June 1, 2018, the Supreme Court of Japan delivered a landmark judgment in
Japan's Consumption Tax System: Key Differences Between Taxable, Non-Taxable, and Tax-Exempt Transactions for Businesses I. Introduction: Understanding Japan's Consumption Tax (JCT) - A Value-Added Tax Japan's Consumption Tax (JCT), known in Japanese as Shōhizei (消費税), is a broad-based indirect tax levied on the supply of most goods and services in Japan, as well as on imported goods. It functions similarly
Contractual Silence on Japanese Withholding Tax: Who is Liable When Your Agreement with a Foreign Entity Doesn't Specify? I. Introduction: The Perils of Ambiguity – Withholding Tax in Cross-Border Contracts with Japanese Entities When structuring international business transactions involving payments from Japan to foreign entities or non-resident individuals, meticulous attention to tax implications is paramount. One critical area often overlooked in contractual drafting is the explicit allocation of Japanese
Navigating Japanese Withholding Tax on Cross-Border Payments: A Comprehensive Guide for Payments to Non-Resident Individuals and Foreign Corporations I. Introduction: The Essentials of Japanese Withholding Tax on Cross-Border Payments When a Japanese entity or individual makes certain payments to non-resident individuals or foreign corporations, they are often required to act as a tax collector for the Japanese government by withholding income tax at source. This system, known as
What Activities Create a Permanent Establishment (PE) for Foreign Companies in Japan, and How Can Agent PE Be Mitigated? I. Introduction to Permanent Establishment in Japan For foreign corporations engaging in business activities in Japan, understanding the concept of "Permanent Establishment" (PE) is of paramount importance. A PE is a critical threshold in international tax law; its existence in Japan generally subjects a foreign corporation to Japanese
Disguised Contracts, Implied Employment, and Retaliation: The "Pasko" Supreme Court Judgment Case: Supreme Court of Japan, Second Petty Bench, Judgment of December 18, 2009 (Case No. 2008 (Ju) No. 1240: Claim for Confirmation of Status, etc.) Appellant: Y Company (a plasma display panel manufacturer) Appellee: X (Worker) The complexities of non-typical employment arrangements, particularly those involving "disguised contract labor"
Fixed-Term Contracts in Japan: Precedent on Non-Renewal Case: Supreme Court of Japan, First Petty Bench, Judgment of December 4, 1986 (Case No. 1981 (O) No. 225: Claim for Confirmation of Labor Contract Existence, etc.) Appellant: X Appellee: Y Company The landscape of employment in Japan, often characterized by the image of lifetime employment, also involves a significant
Navigating Wrongful Dismissal: The Akebono Taxi Case and Interim Income Deduction in Japan Case: Supreme Court of Japan, First Petty Bench, Judgment of April 2, 1987 (Case No. 1984 (O) No. 84: Claim for Confirmation of Employment Relationship, etc.) Appellants: A Company Appellees: X1 and X2 This case, often referred to as the Akebono Taxi case, is a pivotal decision by the Supreme
Beyond the Rules: Japan's Supreme Court on 'Abuse of Dismissal Right' – The Broadcasting Company K Case (January 31, 1977) On January 31, 1977, the Second Petty Bench of the Supreme Court of Japan delivered a judgment in a case commonly known as the "Kochi Broadcasting Case". This ruling is a cornerstone of Japanese labor law, particularly for its articulation and application of the "abuse of dismissal
Long-Term Medical Leave & Dismissal: Japan's Supreme Court on Workers' Comp and Termination Compensation (June 8, 2015) On June 8, 2015, the Second Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case often referred to as the "Senshu University Case" by legal commentators. This ruling addressed a critical question at the intersection of Japan's Labor Standards Act
Dismissal Without Notice in Japan: The Hosotani Clothing Case and Its Enduring Impact (March 11, 1960) On March 11, 1960, the Second Petty Bench of the Supreme Court of Japan delivered a judgment in a case known as the "Hosotani Clothing Case" (細谷服装事件). This ruling became a foundational precedent in Japanese labor law concerning the legal effect of an employer dismissing an employee without
Drawing the Line: Japan's Supreme Court on Lawful vs. Coercive Retirement Persuasion (July 10, 1980) On July 10, 1980, the First Petty Bench of the Supreme Court of Japan delivered a judgment in a damages claim case known as the "Shimonoseki Commercial High School Case" (下関商業高校事件). This ruling, by affirming the lower courts' detailed analysis, became a significant early precedent in Japanese
Point of No Return? Japan's Supreme Court on Resignation Acceptance and Retraction (September 18, 1987) On September 18, 1987, the Third Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case commonly known as the "Okuma Ironworks Case" (大隈鐵工所事件). This ruling addressed the critical question of when an employee's offer to resign from their employment becomes
Company Splits and Worker Rights: Japan's Supreme Court on Consultation Duties (July 12, 2010) On July 12, 2010, the Second Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case. This ruling provided crucial clarification on the legal consequences for individual employment contracts when an employer is alleged to have inadequately fulfilled its statutory obligations to consult with employees
Secondment Orders in Japan: Navigating Employer Prerogative and Employee Rights (April 18, 2003) On April 18, 2003, the Second Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case known to commentators as the "Nippon Steel (Nittetsu Transport No. 2) Case" (新日本製鐵(日鐵運輸第2)事件). This ruling addressed the validity of an employer's orders for
Relocation, Rights, and Reasonableness: Japan's Supreme Court on Employee Transfers (July 14, 1986) On July 14, 1986, the Second Petty Bench of the Supreme Court of Japan delivered a landmark judgment in a case widely known as the "Toa Paint Case" (東亜ペイント事件). This ruling established foundational legal principles concerning an employer's authority to order employee reassignments (配置転換 - haichi
Private Lives, Workplace Rules: Japan's Supreme Court on Disciplining Off-Duty Misconduct (July 28, 1970) On July 28, 1970, the Third Petty Bench of the Supreme Court of Japan delivered a judgment in a significant case commonly known as the "Yokohama Rubber Case" (横浜ゴム事件). This ruling was one of the earliest by Japan's highest court to address the complex issue of
Balancing Security and Privacy: Japan's Supreme Court on Workplace Belongings Inspections (August 2, 1968) On August 2, 1968, the Second Petty Bench of the Supreme Court of Japan delivered a landmark judgment in a case widely known as the "Nishi Nihon Tetsudo (West Japan Railway) Case" (西日本鉄道事件). This ruling established crucial legal criteria for assessing the lawfulness of employer-conducted inspections of employee
Workplace Speech and Discipline: Japan's Supreme Court on Political Plates and Protest Leaflets (December 13, 1977) On December 13, 1977, the Third Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case commonly known as the "Meguro Telegraph and Telephone Office Case" (目黒電報電話局事件). This ruling addressed the extent to which an employer, particularly a public corporation at the time,
Resume Lies and Workplace Truths: Japan's Supreme Court on Dismissal for Falsified Background (September 19, 1991) On September 19, 1991, the First Petty Bench of the Supreme Court of Japan delivered a judgment in a significant case concerning an employee's dismissal for resume fraud (経歴詐称 - keireki sashō). This case, commonly known as the "Tanken Seiko Case" (炭研精工事件), affirmed the validity of
Justice Delayed, Discipline Denied? Japan's Supreme Court on Stale Disciplinary Actions (October 6, 2006) On October 6, 2006, the Second Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case often referred to as the "Nestlé Japan Case". This ruling addressed the validity of severe disciplinary actions taken against employees several years after the primary instances of
No Afterthoughts in Discipline: Japan's Supreme Court on Adding Reasons Post-Dismissal (September 26, 1996) On September 26, 1996, the First Petty Bench of the Supreme Court of Japan delivered an important judgment in a wage claim case, commonly known by commentators as the "Yamaguchi Kanko Case" (山口観光事件). This ruling addressed a critical procedural question in employment law: Can an employer, when defending
Off-Duty Conduct, On-the-Hook? Japan's Supreme Court on Enterprise Order and Employee Discipline (September 8, 1983) On September 8, 1983, the First Petty Bench of the Supreme Court of Japan delivered a significant judgment in a case commonly known as the "Kansai Electric Power Case" (関西電力事件). This ruling addressed the extent of an employer's authority to discipline an employee for conduct undertaken
Balancing Benefits and Damages: Japan's Supreme Court on Offsetting Future Workers' Comp Payments (October 25, 1977) On October 25, 1977, the Third Petty Bench of the Supreme Court of Japan delivered a crucial judgment in a damages claim case, known by commentators as the "Sankyo Motorcar Case" (三共自動車事件). This ruling addressed a pivotal question in Japanese labor and tort law: when an employee suffers