Giving 'My number' information to companies outside Japan

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adamu
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Re: Giving 'My number' information to companies outside Japan

Post by adamu »

GuiTsu wrote: Wed Feb 14, 2024 1:16 pm ahah I am too lazy so I found that.
https://www.nta.go.jp/taxes/shiraberu/k ... 107_02.pdf
"(*4) Persons whose jurisdiction of residence is Japan are required to indicate their jurisdiction of residence as "Japan." In that case, "My
Number (Personal Identity Number)" is not required.
"

Is it enough ;)
This is a very confusing statement. It appears to be talking purely about the fact that it's not necessary to supply My Number as a TIN to Japanese companies for CRS purposes if you live in Japan (in that case, My Number will be required for other reasons. I'm pretty sure all financial institutions in Japan require my number). Anyway, this thread is about supplying My Number to institutions outside of Japan, not inside Japan.

You cited the law, but when questioned only provided a guidance PDF from the tax office that doesn't seem relevant.
ClearAsMud
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Re: Giving 'My number' information to companies outside Japan

Post by ClearAsMud »

GuiTsu wrote: Wed Feb 14, 2024 1:16 pm ahah I am too lazy so I found that.
https://www.nta.go.jp/taxes/shiraberu/k ... 107_02.pdf
"(*4) Persons whose jurisdiction of residence is Japan are required to indicate their jurisdiction of residence as "Japan." In that case, "My
Number (Personal Identity Number)" is not required.
"
The cited document only appears to be relevant to self-certification for accounts located in Japan; it does not cover accounts located in other countries. (Also note that the US is not a CRS participant -- it relies on FATCA -- so the IRS page you cite in the other post isn't directly connected to CRS reporting.)

As noted by Deep Blue, the CRS involves the automatic exchange of account information between OECD members, and for Japan tax residents, a My Number is the means by which that is accomplished. The OECD identification of a My Number with the taxpayer identification number (TIN) used for the CRS can be found in this document.

The document notes that "a Reporting Financial Institution, that is located in a jurisdiction which has not become a party to the Multilateral Convention on the Mutual Administrative Assistance in Tax Matters or with which Japan has not concluded a bilateral tax treaty, is not required to collect information on individual numbers of residents of Japan for the purpose of automatic exchange of information based on the CRS." However, according to this OECD page 147 jurisdictions currently participate in the convention, including all OECD members, all BRICS, and all G20 countries, which means that providing your My Number will normally be required for Japan tax residents who open or maintain an account overseas (Japanese nationals who are tax resident in another jurisdiction would presumably not be required to provide the number, since they are likely no longer tax resident in Japan).

Legally speaking, then, Japan tax residents aren't required to provide their My Number to Japanese financial institutions for the purpose of self-certification under the CRS (Japan is moving toward mandatory linking of My Numbers with accounts at Japanese financial institutions, but it isn't there yet). Thus, the current Mizuho CRS self-certification form -- like those at other Japanese banks -- does not collect a My Number from Japan tax residents, although account holders must still report their Japan-tax-resident status. Once My Numbers are legally required to be linked to bank accounts, I suspect that this exceptional treatment will change.

This policy, however, is irrelevant to the information Japan tax residents must report to financial institutions located abroad. You have to check the local requirements to be sure -- exceptions do apparently exist -- but if you are a Japan tax resident with an account at an overseas financial institution in a CRS country, the odds are that you will be required to report your My Number as the equivalent of the CRS TIN. (Here, for example is the CRS self-certification form required by Barclays Bank, which mandates all account holders to declare their tax residency AND provide a TIN unless one is unavailable.) Banks are also within their rights to request documentary verification of the declared tax residency.
GuiTsu
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Re: Giving 'My number' information to companies outside Japan

Post by GuiTsu »

Hi Everyone,
I can't fight....
Edit: IRS is explicit: "List of Jurisdictions That Do Not Issue Foreign TINs" -> it is for corporation / self-employed! My bad for IRS! Mea culpa.

it is a screenshot from my UK broker (Computershare / Equateplus).
https://ibb.co/Hhpp0RG

I do not encourage anyone to provide or not provide MyNumber (freedom!), I just wanted to share my own experience as it is not the same as all of you.
GuiTsu
ClearAsMud
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Re: Giving 'My number' information to companies outside Japan

Post by ClearAsMud »

Again, one must be careful not to conflate CRS requirements for TINs with FATCA requirements: OECD guidelines apply rather than those of the IRS. That said, the OECD document I cited earlier also indicates that, unlike individuals, "enties" in Japan aren't automatically issued TINs.

The wording used on CRS self-certification forms for UK financial institutions can be a bit vague concerning the reason for not supplying a TIN. When CRS forms say something like "Domestic law for Australia and Japan does not require me to provide it," it's not exactly clear whether this means just for CRS purposes or for tax purposes generally (after all, Japan does require My Numbers to be reported on individual income-tax returns when available).

The clearest explanation I've found comes from the CRS self-certification form of Standard Chartered Bank, which gives as Reason C for not supplying a TIN: "No TIN is required. Country/Jurisdiction issues TINs but the country/jurisdiction does not require Financial Institutions to collect TINs from its residents." This happens to be true for Japanese banks at the moment (even if banks themselves have become pretty rigorous at the practical level about collecting My Numbers), and would appear -- with respect to foreign financial institutions that offer this reason as a possibility -- to allow the account holder to report Japan tax residency without providing them with a My Number. It wouldn't be my hill to die on, but some may be so concerned about hacking that they might choose to go that route as long as the foreign financial insitution permits it.

But as other forum members have indicated, individual banks may decide to err on the side of caution by requiring TINs whenever they are available (which, for individual tax residents of Japan, is normally the case).
GuiTsu
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Re: Giving 'My number' information to companies outside Japan

Post by GuiTsu »

Hi ClearAsMud,
What a clear conclusion! Thank for the summary :)
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