No. 15221
Promulgation Date 2017-12-19
Ministry of Finance and Economy
ALL
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
Article 2 (Definitions)
Article 2-2 (Substance over Form Principle concerning International Transactions)
Article 3 (Relationship to Other Acts)
CHAPTER II ADJUSTMENT OF TAXATION ON TRANSACTIONS WITH FOREIGN RELATED PARTIES
Article 4 (Tax Adjustment by Arm’s Length Price)
Article 5 (Methods of Computing Arm’s Length Prices)
Article 6 (Advance Pricing Agreements)
Article 6-2 (Tax Adjustment by Arm’s Length Cost Sharing)
Article 6-3 (Pre-Adjustment of Arm’s Length Transfer Prices for National Taxes and Customs Duties)
Article 7 (Transaction Involving Third Party)
Article 8 (Recognition of Setoff Transactions)
Article 9 (Secondary Income Adjustment and Tax Adjustment after Income Adjustment)
Article 10 (Special Provisions on Income Computation)
Article 10-2 (Rectification Claim for Adjustment of Arm’s Length Transfer Prices for National Taxes and Customs Duties)
Article 10-3 (Adjustment of Taxation on International Trade Price)
Article 11 (Obligation to Submit Data on International Transactions)
Article 11-2 (Provision of Information on International Transactions)
Article 12 (Sanctions against Non-Compliance with Obligation to Submit Data)
Article 13 (Special Provisions on Application of Penalty Tax)
CHAPTER III ADJUSTMENT OF TAX ON INTEREST PAID TO FOREIGN CONTROLLING STOCKHOLDERS, ETC.
Article 14 (Exclusion of Interest Deemed Dividend from Deductible Expenses)
Article 15 (Borrowing Transactions through Third Party)
Article 15-2 (Exclusion of Interest Expense Exceeding Income from Deductible Expenses)
Article 15-3 (Exclusion of Interest Expenses Incurred in Hybrid Financial Instrument Transactions from Deductible Expenses)
Article 16 (Order of Applying Exclusion of Paid Interest from Deductible Expenses)
CHAPTER IV ACCUMULATIVE TAXATION OF RETAINED EARNINGS OF SPECIFIC FOREIGN CORPORATIONS
Article 17 (Specific Foreign Corporations’ Retained Earnings Deemed Dividends)
Article 18 (Scope of Application)
Article 18-2 (Special Provisions on Overseas Holding Companies’ Retained Earnings Deemed Dividends)
Article 19 (Timing of Treating Dividends as Taxable Gains)
Article 20 (Exclusion of Actually Dividends from Taxable Gains)
Article 20-2 (Submission of Data on Specific Foreign Corporations)
CHAPTER V SPECIAL PROVISIONS ON ASSESSMENT OF GIFT TAX ON OVERSEAS DONATION
Article 21 (Special Provisions on Assessment of Gift Tax on Overseas Donation)
CHAPTER VI MUTUAL AGREEMENT PROCEDURES
Article 22 (Conditions for Commencing Mutual Agreement Procedure)
Article 23 (Commencing and Closing Dates of Mutual Agreement Procedure)
Article 24 (Special Provisions on Period for Applying for Appeal, Deferment of Collection, etc.)
Article 25 (Special Provisions on Statute of Limitations for Tax Assessment)
Article 26 (Taxpayer’s Obligation to Cooperate)
Article 27 (Enforcement of Terms and Conditions Mutually Agreed Upon)
Article 27-2 (Extended Application, etc. of Terms and Conditions Mutually Agreed Upon)
CHAPTER VII INTERNATIONAL COOPERATION IN TAX AFFAIRS
Article 28 (Preferential Application of Income Classification under Tax Treaty)
Article 29 (Special Provisions on Application of Tax Rates to Interest, Dividends, and Royalties)
Article 30 (Entrustment of Tax Collection)
Article 31 (Exchange of Tax and Financial Information)
Article 31-2 (Penalty Provisions)
Article 31-3 (Joint Penalty Provisions)
Article 31-4 (Administrative Fines)
Article 32 (Cooperation in Tax Audit)
Article 33 (Enforcement of Tax Treaties)
CHAPTER VIII REPORTING ON OVERSEAS FINANCIAL ACCOUNTS
Article 34 (Reporting on Overseas Financial Accounts)
Article 34-2 (Penalty Provisions for Non-Fulfillment of Obligation to Report Overseas Financial Accounts)
Article 34-3 (Explanation about Source of Amount Unreported in Relation to Overseas Financial Accounts)
Article 35 (Administrative Fines for Non-Fulfillment, etc. of Obligation to Report Overseas Financial Accounts)
Article 36 (Confidentiality of Information on Overseas Financial Accounts)
Article 37 (Revised and After-Deadline Reports of Overseas Financial Accounts)
Article 38 (Special Provisions on Voluntary Reporting)
ADDENDA
ADDENDA <Act No. 5193, Dec. 30, 1996>
ADDENDA <Act No. 5581, Dec. 28, 1998>
ADDENDA <Act No. 5584, Dec. 28, 1998>
ADDENDA <Act No. 6299, Dec. 29, 2000>
ADDENDA <Act No. 6304, Dec. 29, 2000>
ADDENDA <Act No. 6779, Dec. 18, 2002>
ADDENDA <Act No. 7956, May 24, 2006>
ADDENDA <Act No. 8139, Dec. 30, 2006>
ADDENDA <Act No. 8387, Apr. 27, 2007>
ADDENDA <Act No. 8852, Feb. 29, 2008>
ADDENDA <Act No. 8860, Feb. 29, 2008>
ADDENDA <Act No. 9266, Dec. 26, 2008>
ADDENDA <Act No. 9914, Jan. 1, 2010>
ADDENDA <Act No. 9924, Jan. 1, 2010>
ADDENDA <Act No. 10219, Mar. 31, 2010>
ADDENDA <Act No. 10221, Mar. 31, 2010>
ADDENDA <Act No. 10410, Dec 27, 2010>
ADDENDA <Act No. 10854, Jul. 14, 2011>
ADDENDA <Act No. 11126, Dec. 31, 2011>
ADDENDA <Act No. 11606, Jan. 1, 2013>
ADDENDA <Act No. 12153, Jan. 1, 2014>
ADDENDA <Act No. 12164, Jan. 1, 2014>
ADDENDA <Act No. 12849, Dec. 23, 2014>
ADDENDA <Act No. 13553, Dec. 15, 2015>
ADDENDA <Act No. 14384, Dec. 20, 2016>
ADDENDA <Act No. 14474, Dec. 27, 2016>
ADDENDA <Act No. 15221, Dec. 19, 2017>