Akio Takisaki Under existing Japanese tax rules, a foreign partner of an investment limited partnership or similar type of partnership formed in a foreign country (collectively, LPs) is treated as having a permanent establishment (PE) in Japan if a general partner of the LP executes invests business in Japan. In that case, the foreign partner is taxed on the LP's income and required to file a tax return. Also, 20% withholding tax applies on distribution of the LP's earnings. Under the proposed reforms, foreign partners will not be treated as having a PE and therefore, will not be subject to withholding tax or required to file tax returns if they are limited partners and meet certain conditions.
March 31 2009