Feb 25 • 08:13 UTC 🇯🇵 Japan Asahi Shimbun (JP)

Taxation of Foreign Survivors' Pensions Does Not Violate Equality Principle, Tokyo District Court Dismisses Claim

The Tokyo District Court ruled that taxation on foreign survivors' pensions does not violate the principle of equality, dismissing a claim from beneficiaries opposing the taxation.

On the 25th, the Tokyo District Court delivered a ruling on a case concerning the taxation of foreign survivors' pensions, stating that there is no violation of the principle of equality in taxing these pensions while Japanese survivors' pensions remain untaxed. The court, presided by Judge Kenji Shinoda, dismissed claims from the plaintiffs, who argued that making foreign survivors' pensions subject to inheritance tax creates unfairness in comparison to domestic pensions.

The plaintiffs, heirs from Tokyo and Kanagawa preferring U.S. survivors' pensions, challenged the National Tax Agency's decision to classify foreign pensions for inheritance tax purposes. The main point of contention in the lawsuit was whether the different treatment of Japanese and foreign survivors' pensions in light of inheritance tax constituted a breach of the equality principle that underlies tax law in Japan. Judge Shinoda remarked that the taxation of foreign pensions “cannot be deemed unreasonable”, providing a legal justification for the classification.

In response to the court's decision, the plaintiffs expressed intentions to appeal, stating that this taxation stance could hinder their ability to accept foreign assignments. This ruling potentially highlights an ongoing debate about fairness in tax systems, especially for international workers and their families, as the discrepancies in treatment between domestic and foreign pensions continue to be scrutinized. The implications of the ruling may also influence future legal challenges related to international tax equality in Japan.

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