Effective July 1, 2017, virtual currency transactions will become exempt from consumption tax.
Cabinet Order for Partial Revision of the Order for Enforcement of the Consumption Tax Act,
Official Gazette (Extra Edition No. 7), March 31, 2017, 250.
See: The Official Gazette of Japan (Only available in Japanese)
The following article is based on the former Consumption Tax law.
Regarding consumption taxes & virtual currency
On May 25, 2016, revisions were made to Japan's laws regarding payments services (hereafter, the Payment Services Act). The Revised Payment Services Act defines virtual currency, as well as identifies those who trade and manage virtual currency professionally as subject to regulation. Under the Revised Payment Services Act, virtual currency, represented by Bitcoin, has for the first time become a target of regulation in Japan. However, as the revisions do not concern taxation, the long-disputed handling of virtual currency under the Consumption Tax Act remains unclear. Nevertheless, the currency consists of electronic data already in wide circulation, and as an "object" with value, it is assessable as property under the Consumption Tax Act, and its transfer is considered to be a transfer of property.
The Consumption Tax Act imposes a comsumption tax on the transfer of property, on loans, or on the rendering of services. The Act also exempts certain transactions that are not considered taxable.
Currency, checks, and promissory notes fall under the payment methods governed by the Foreign Exchange and Foreign Trade Act (henceforth, the Foreign Exchange Act) and are exempt from taxation under the Consumption Tax Act. In addition, the prepaid methods of payment (which electronic money is generally considered to be) that are governed by the Payment Services Act are considered under the Consumption Tax Act to be "physical certificates" and are exempt from the consumption tax.https://www.nta.go.jp/taxes/shiraberu/taxanswer/shohi/6201.htm
Just like other currencies, virtual currency is generally spent by delivering it to others who recognize its value. As it is difficult to envision other uses for virtual currency, it can be considered to be essentially identical to the methods of payment that fall under the Foreign Exchange Act. On the other hand, virtual currency does not fall under any of the payment methods or "physical certificates" to which the Consumption Tax Act applies. As no other tax exemption is considered to apply to virtual currency, it is—for the moment, at least—not treated as exempt from taxation, and if the transfer of virtual currency takes place within Japan, a consumption tax is considered to apply (*).
How it is to be determined whether or not the transfer of virtual currency takes place within Japan is currently unclear under the Consumption Tax Act. Under this act, if the location where a transfer of property takes place is unclear, then a unilateral determination is made based on the address of the office of the party transferring the currency. For example, if the address or office of the party who transferred the virtual currency is in Japan, then the transaction is considered domestic, and a consumption tax applies. The taxation relationship affecting the trade of virtual currency by Japanese corporations subject to the consumption tax is considered to be as follows:
Cross-border virtual currency transactions
Consumption tax responsibility chart
Case
Case 1 (Domestic transaction)
Case 2 (International transaction)
Case 3 (Domestic + international transaction)
Party
Clearing house (Japan)
Client (Japan)
Clearing house (overseas)
Client (Japan)
Clearing house (overseas)
Clearing house (Japan)
Client (Japan)
Responsibility for consumption tax
0
0
NA
8 taxed
NA
8 taxed
0
Shift the taxed portion to the transaction price?
Case
Case 1 (Domestic transaction)
Party
Clearing house (Japan)
Client (Japan)
Responsibility for consumption tax
0
0
Case
Case 2 (International transaction)
Party
Clearing house (overseas)
Client (Japan)
Responsibility for consumption tax
NA
8 taxed
Case
Case 3 (Domestic + international transaction)
Party
Clearing house (overseas)
Clearing house (Japan)
Client (Japan)
Responsibility for consumption tax
NA
8 taxed
0
Shift the taxed portion to the transaction price?
* On April 27, 2016, at a meeting of the House of Representatives' Committee on Financial Affairs, Minister Taro Aso offered the response detailed below, and the Japanese government therefore has moved to deem Bitcoin as subject to consumption tax.
Minister Aso: "While I believe that it may indeed be unfortunate that the Mt. Gox story has tarnished their first impression, as we know, so-called 'virtual currencies' such as Bitcoin do not fall under the category of 'physical certificates' such as legal tender or checks under the current Consumption Tax Act, which specifically enumerates the payment methods that are exempt from the consumption tax. Therefore, I believe that virtual currencies are subject to the consumption tax."
* At the same committee, government witness, Tsuguhiko Hoshino (Deputy Commissioner, National Tax Agency), answered as follows: "Consumption tax is levied on asset transfers, etc. that businesses carry out within the country. The determination of whether or not a virtual currency transaction is considered to have taken place within the country is made on the basis of whether the office involved in the transfer, belonging to the entity making said transfer, is located within the country or not. Accordingly, if the relevant office of the entity making a virtual currency transfer is located within the country, it is a taxable transaction. If the office is outside of the country, the transaction in question does not qualify as taxable. To delineate specifically, if a domestic business transfers or sells virtual currency, the transaction is taxable whether or not the other party's office is located in Japan. If a domestic business receives or purchases virtual currency, it is a taxable transaction if the other party's office is located within Japan, but if said office is outside of the country, the transaction does not qualify as taxable."
See: The House of Representatives, Japan (Only available in Japanese)
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