Reasons to declare investment income

kristhuy

New member
As discussed in this related post, it is common for customers of Japanese brokerages to receive investment income that they are not obliged to declare on a tax return. Typically this would be dividend/interest/distribution income, or capital gains realized in a designated withholding account. As described below, there are some situations in which it may be in taxpayers’ interests to declare their profits/losses for income tax and/or residence tax purposes, even when they are not obliged to do so.

To begin with, though, it's worth clarifying that: if you have investment income you are not obliged to declare and you file a tax return without declaring that income, it is not possible to subsequently file an amended tax return to declare that income. As soon as the return has been filed without declaring the income, the taxpayer is deemed to have irrevocably chosen not to declare the income. So taxpayers should carefully consider the pros and cons of declaring such income before they file their tax return.

Offsetting losses​


Declaring taxable losses is generally in a taxpayer’s interests. However, to maximize the benefit of declaring taxable losses (including losses carried forward from previous years), a taxpayer may need to also declare profits that they are not obliged to declare. The classic example of this would be a taxpayer who realized losses in a taxable account at one brokerage but profits in a withholding account at a different brokerage. By declaring both accounts, the losses in the first account can be used to offset the profits in the second account and the taxpayer can receive a refund of some of the tax that was withheld by the second brokerage.

Applying excess deductions and credits​


If your deductions (e.g., basic deduction, health/pension premium deduction, iDeCo deduction, insurance deductions) exceed your declared income, you can apply the unused deductions to your investment income by declaring such income.

Similarly, if your declared income is insufficient to fully benefit from a residential mortgage tax credit, furusato nozei tax credit, or any other credit, you can declare your investment income to access the unused portion of the credit. (Since the limit on the furusato nozei credit is proportional to taxable income, people who wish to maximize their furusato nozei credit may choose to declare their investment income for this reason.)

Claiming a foreign tax credit​


Some countries withhold income tax on investment income (typically dividends/interest) accrued by non-residents. To mitigate the double-taxation effect, Japanese residents can claim a foreign tax credit with respect to withheld foreign income tax. However, it is necessary to declare the relevant foreign-source income in order to claim such a credit. Accordingly, some taxpayers may wish to declare certain investment income on their income tax return (even when not required to do so) for the purpose of claiming a foreign tax credit with respect to foreign taxes that were withheld from that investment income.

A more complex version of this would be where a taxpayer wants to increase the proportion of their declared income that comes from foreign sources, to increase the size of the foreign tax credit they can claim. Since the foreign tax credit is limited by the proportion of a taxpayer’s income that is foreign-source, it will often be in a taxpayer’s interests to maximize the proportion of their income that is foreign-source (without proportionally increasing their foreign tax liability). Choosing to declare foreign-source investment income (dividends paid by foreign companies/funds, for example) could be one way to achieve this.

Demonstrating a high income​


It will occasionally be necessary for taxpayers to use their tax return or a municipal tax certificate to prove their income to third-parties (the Immigration Services Agency, a rental agency, a mortgage lender, etc.). In these situations, it will typically be in the taxpayer’s interest for their declared income to be as high as possible. Some people may prefer to declare investment income for this reason.

Accessing a lower tax rate on dividends​


People with a taxable income of less than 9 million yen/year who are receiving dividends from Japanese companies (or funds invested primarily in Japanese companies) may be able to reduce the income tax they pay on their dividend income by subjecting it to “general taxation” (総合課税).

Declaring dividends as subject to “general taxation” will cause them to be combined with the taxpayer’s other income and taxed at the taxpayer’s marginal income tax rate. But it will also give the taxpayer access to the dividend tax credit. The dividend tax credit is only applicable to shares in Japanese companies and some mutual funds that mainly invest in Japanese companies, but it can reduce the effective income tax liability on dividends by up to 10%, which will typically bring the effective tax rate below the standard 15.315% for anyone with a taxable income of less than 9 million yen/year (see here).

Note that the dividend tax credit applicable to residence tax cannot bring the effective tax rate lower than the standard 5% applicable to undeclared dividends. So even if a taxpayer is subjecting their dividend income to general taxation for income tax purposes, they should usually “undeclare” the income for residence tax purposes.
 
@kristhuy Fantastic writeup - thank you very much!

I declare my dividends earnings from US stocks, even though they aren’t very much to get a small amount of tax money back - I assume that’s the foreign tax credit?
 
@hometrimming It could be a foreign tax credit, if you are claiming one. But it could also be that you are electing to have the dividends taxed at your marginal rate rather than a flat 15.315%. This will result in a partial refund of withheld income tax if your total income is less than around 6 million yen, as discussed here.

If that's what's happening, though, you might want to consider the effect that declaring your dividends in that way could be having on your residence tax bill. While you can reduce your income tax bill by declaring the dividends, you may be simultaneously increasing your residence tax bill, because the residence tax on foreign dividends declared in that way is 10% while the residence tax on undeclared dividends (assuming they are paid via a Japanese brokerage) is 5%.

It could still be worthwhile declaring the dividends, but from next year there will be an option on your income tax return to "undeclare" investment income for residence tax purposes, which sounds like it may be a good option for you. That way you will pay income tax on the dividends at your marginal rate and only 5% residence tax.
 
@kristhuy I see, thank you so much for the writeup!

When I was doing my tax, the woman explained to me that I was being taxed twice on the dividends and by declaring them I can get some money back.

My income is over 6 million, so it probably isn’t the marginal rate?
 
@hometrimming Dividends on US stock paid to non-US persons are taxed at a rate of 30%. If you are a non-US person and a resident of Japan for US-Japan tax treaty purposes, you can have that reduced to 10% - this is something Japanese brokers will do for you automatically.

Dividends paid on US stock by US brokers to account holders who are not US persons and who also filed a W8-BEN describing themselves as residents of Japan will also be subject to that 10% withholding.

The net effect of this combined with Japanese separate taxation is that you lose 10 cents on the dollar to the US, then 20.315% of the remaining 90 cents, leaving you with 71.72 cents, which is an effective tax rate of 28.28%. That is the double taxation that 'the woman' (who?) referred to. In most cases your US dividends are actually being taxed three times, since they are likely to be distributions of after-tax profit, but you can't do much about that.

You can sum the US taxes together and take it as a foreign tax credit (外国税金控除), but there is a cap on how much of a deduction you can take based on your other income. You can play with the NTA's tax calculator to see what your cap will be.

From January 1 2020, Japanese ETFs and investment trusts that themselves receive dividend income after US withholding tax and then pay it to you as part of their own distribution can recover that on your behalf. See: https://www.rakuten-sec.co.jp/web/info/info20200131-05.html
 
@hometrimming
I was being taxed twice on the dividends

As @eliaharr said, this probably means that the refund was due to a foreign tax credit.

The dividend tax credit (which requires dividends to be taxed at the taxpayer's marginal rate) also addresses the issue of double taxation (corporate tax plus income tax), but that credit is not applicable to dividends paid by foreign companies, so hopefully that's not what the person advising you was referring to.

My income is over 6 million, so it probably isn’t the marginal rate?

Yeah, in that case it sounds like a foreign tax credit. Though it's worth noting that the 6 million threshold is just an approximation based on the usual deductions. It's possible for someone earning a few million yen more than that to have a marginal income tax rate below 15%.
 
@kristhuy This is an amazing read. Thank you very much for taking the time to write this up.

I have one question, as this is potentially very useful to my situation. My wife maxes her ideco every year, and we have our primary home loan in her name, but does not work. Because she has no income to offset on paper, we lose those deductions every year.

She has a 特定口座 as her taxable that we created for her before she stopped working. If I'm reading this right, it would mean that were allowed to realize a certain amount of her gains every year, then, come tax time, declare it as regular income and it would be subject to all of her eligible deductions?

This is my last year in Japan most likely, but even if just for this year, it would seem to save her from 20% taxation.

If so, would it be taxed at the 総合 rate instead of 20% if there was any left after deductions?
 
@believer000
declare it as regular income and it would be subject to all of her eligible deductions?

Yes, but you don't need to declare it as regular income. Capital gains can only be declared as separately-taxed income (flat 20.315% rate), and dividends can be declared as regular income or separately-taxed income, but either way you can still apply deductions and credits.

would it be taxed at the 総合 rate instead of 20% if there was any left after deductions?

Capital gains will always be taxed at 20%. Dividends will be taxed at her marginal rate (potentially minus the dividend tax credit, depending on who is paying the dividend) if you declare them as regular income, and at 20% if you declare them as separately-taxed income.

Deductions and credits can be applied to both separately-taxed income and regular income (though they will be applied to regular income first).

Incidentally, if she has no/low income, she should probably be declaring her dividends as regular income (for income tax purposes, not residence tax), because her marginal rate will be below 15.315%.
 
@kristhuy That's good to know. Thank you very much.

And yes, the dividends will definitely be declared from her taxed brokerage now that I read your initial post.

Many thanks
 
@kristhuy Sorry, I have one more question that I just thought of.

If there are just mutual funds in her account, is there any difference between simply switching it to a non-withholding account from now on, or must I open a general account for her in order to declare?
 
@believer000 The account type is basically irrelevant to the choice to declare. You can always declare gains/dividends whether they are in a withholding account or a no-withholding account.

There are a few nuances relating to declaring income realized in a withholding account (can't declare a loss on sales without declaring dividends, can't pick and choose which dividends to declare), but in general there's no problem with using a withholding account even if you intend to declare.
 
@kristhuy Thank you for the great series of posts and clarifying the various nuances. For declaring investment income, is it an 'All or none' decision for a given witholding account? i.e. If someone decided to declare, can they pick and choose transactions like dividends only, or specific transactions only?
 
@zinga327
is it an 'All or none' decision for a given witholding account?

For each withholding account you can choose to declare only the dividends, only the capital gains, neither, or both. However, as discussed in the "Dividends in withholding account" section of this post, there is an exception to this when you make a capital loss.

It's not possible to declare only some of the dividends paid into a withholding account though, nor is it possible to declare only some of the capital gains. Those choices must be made on an account-by-account basis. (In a general or no-withholding account you can choose which dividends to declare on a dividend-by-dividend basis.)
 
@kristhuy Thanks for the response. It’s very clear now. I think the calculations will vary for each person but at the surface it seems that if one usually maximizes their furusato nozei benefits, it would generally be better to declare on the tax return provided benefits like housing mortgage tax credit etc are not getting impacted. I still need to do the numbers to confirm the above but this is very helpful.
 
@kristhuy Thanks for the write up. I'm still unclear on to whom I should actually be paying investment income taxes FIRST, the US or Japan? I am a long-term resident for tax purposes. Does that mean I need to pay Japan first and THEN apply for the foreign tax credit in the US? Or is it the other way around?
 
@iwanttoknowthetruth
whom I should actually be paying investment income taxes FIRST, the US or Japan?

It just depends on who has primary taxation rights to the income under the US-Japan tax treaty. For example, Japan has primary taxation rights to capital gains realized by Japanese residents, so for capital gains you need to claim the foreign tax credit in the US. But the US has primary taxation rights to dividends paid by US companies/funds, so for that kind of income you need to claim the foreign tax credit in Japan.

Edit: See this thread for a more detailed discussion of how US citizens should handle US dividend income.
 
@kristhuy The vast majority of my investment income are short-term capital gains taxes (non-dividend) in a US taxable brokerage account. I don't know where that falls exactly. It seems like it would be Japan first, then the US (in terms of who has priority for tax purposes).
 

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