JAPAN Law and Practice Contributed by: Atsushi Oishi and Makoto Sakai, Mori Hamada & Matsumoto
10. Charitable Planning 10.1 Charitable Giving
9.3 Cohabitation and Unmarried Couples Japanese law does not treat de facto marriage as fully equivalent to legal marriage. Rather, it differentiates between the two depending on the purpose of the relevant legal regime. In the areas of family law and tax law, legal marriage is generally required, and de facto spouses are exclud - ed from many legal benefits and protections, such as statutory inheritance rights and spousal tax relief. By contrast, in the fields of social security law and case law, greater emphasis is placed on the substantive reality of the unmarried couples, and de facto spouses are afforded legal protection in certain respects.
A person making a charitable donation gets certain tax benefits, such as deducting the amount from their income or crediting against the tax amount. Moreover, certain exemptions from capital gains taxa - tion are automatically triggered upon the donation of assets with accumulated capital gains to charities. For further details, see 3.1 Types of Trusts, Founda- tions or Similar Entities and 3.4 Tax Consequences of Fiduciary and Beneficiary Roles . 10.2 Common Charitable Structures Foundations are typically used for charitable planning. For more details, see 3.1 Types of Trusts, Founda- tions or Similar Entities and 3.4 Tax Consequences of Fiduciary and Beneficiary Roles .
363 CHAMBERS.COM
Powered by FlippingBook