欠損金の繰越し及び繰戻し還付について英語でまとめました。
The table below provides an overview of the carry-forward and carry-back of net operating losses ("NOLs") under Japanese corporate tax law.
Definition of NOL |
A net operating loss (“NOL”) = Loss minus income for tax purposes of the fiscal year |
|
NOL carryforward 欠損金の繰越し |
Corporations may utilize NOLs generated in
the last ten fiscal years (or nine years in certain cases) to offset the
income of that fiscal year. |
|
Utilization limit |
The following corporations utilize NOLs
up to income before utilization: 1. A Japanese corporation with stated
capital of JPY100 million or less at fiscal year-end (except for corporations
wholly owned by large corporations) or with no capital 2. A Japanese corporation for a fiscal year
in which any day from the date of decision of the commencement of reorganization
proceedings under Corporate Reorganization Act to the day seven years from
the approval of a plan related to the proceedings falls 3. A Japanese corporation for a fiscal year
in which any day from the date of decision of the commencement of reorganization
proceedings under Civil Rehabilitation Act to the day seven years from the
approval of a plan related to the proceedings falls 4. A Japanese corporation for a fiscal year
in which any day from the date of establishment to the day seven years from establishment
falls Corporations other than the above may utilize NOLs up to 50% of income before utilization. |
|
Requirements |
- Filing of
a final tax return for the fiscal year in which the NOL is generated - Filing of
final tax returns for the subsequent fiscal years - Retention
of certain documents |
|
NOL carryback 欠損金の繰戻し還付 |
A corporation filing blue form tax
returns may carry back an NOL for the fiscal year (“FY”) to the previous
fiscal year to claim a corporate income tax (“CIT”) refund of the following
amount: CIT for previous FY x NOL of current FY /
Income of previous FY |
|
Requirements |
- Filing of
blue form final tax returns for the fiscal year in which the NOL is generated
(i.e., current FY) and the previous fiscal year (i.e., FY with income) - Filing
of the final tax return for the current fiscal year (with the NOL) by the deadline - Filing of
a refund application with the refund amount with the tax office |
|
Non-eligible companies |
NOL carryback is available only for the
following corporations (except for corporations under liquidation): - SMEs,
i.e., Japanese corporations with stated capital of JPY100 million or less at
fiscal year-end (except for corporations wholly owned by large corporations)
or with no capital - Certain other
corporations |
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