What's New
News
Tax Treatment of U.S. Survivor Pension Received in Japan
We are Murata Sogo Tax & Accounting Office specializing in inheritance and international taxation, with offices in Osaka City, Japan.
Today, we would like to summarize the treatment of receiving a U.S. survivor's pension in Japan, which we are often asked about.
1.Basic taxation of survivor's pensions
In Japan, survivor's pensions and survivor's benefits paid to survivors under the National Pension Law, Employees' Pension Insurance Law, National Public Service Mutual Aid Association Law, etc. are not subject to income tax.
This is due to the fact that each law states that “taxes and other public charges cannot be imposed on money received as insurance benefits as a standard.
For example, the Employees' Pension Insurance Law stipulates this in Article 41.
2. receiving a survivor's pension in the U.S. in Japan
As mentioned in the previous section 1, laws such as the Employees' Pension Insurance Law do not cover survivor's pensions based on foreign systems.
On the other hand, under the Income Tax Law, pensions received by surviving family members based on service are exempt from taxation under the Income Tax Law (Article 9-3(b) of the Income Tax Law).
Since foreign pensions are also included in this category (Section 35(3)-3 of the Income Tax Act, Section 82-2(2)-1 of the Order of the Ministry of Justice, and Section 72(3)-9 of the same Order), U.S. survivor pensions paid “based on service” are exempt from income tax and do not require a final income tax return in Japan.
However, since survivor's pensions that are not based on service are not within the scope of tax exemption, it is necessary to examine the details of the pension.
The above is a description of the income tax treatment of receiving a U.S. survivor's pension in Japan. Although the term “U.S.” is used, the treatment is the same in all countries.
If you would like to discuss or file a tax return for income received from overseas, including the treatment of such pensions, please contact us using the Inquiry Form.