D'zLEC_navigation

Sorimachi Speaks

21st Century Shape of Japan Series, No. 4

TAX REFORM IS AN ABSOLUTE CONDITION FOR INDSTRIAL STRUCTURE REFORM AND THE PROMOTION OF KOWLEDGE-BUILDING CAPACITY
Reform Laws to Put Individuals on Equal Footing with Companies and Employers

Q Tax reform aimed at extricating Japan from this recession has become an issue. Why must we pay taxes in the first place?
A Citizens pay the State without consideration in two cases: (1) when a fine is imposed for having committed a wrong, and (2) when paying taxes. As for the former, payment is made as compensation for causing trouble to the State. This seems persuasive. The latter, however, requires some explanation. A person who earns revenue by working diligently and conscientiously night and day like Ninomiya Kinjiro (a familiar character of old who is perhaps not well known today's young people) has a tax imposed on his income (revenue - expenses = income) by reason of his having earned it. On the other hand, a lazy person who has no revenue (income) is not taxed. To put it bluntly, the more diligent one is, the more one is taxed; however, a person who does not work not only pays no tax but, depending on the case, may be provided money by the State. This sort of seemingly illogical result is a feature of the tax problem.

Q That's right. For ordinary folks who know nothing about taxation or the Tax Law, the result is not understandable.
A The foundation for taxation in the modern state is the assumption of a capitalist economic society. In order to smoothly develop and expand the capitalist market economy, the nation performs a minimal role, and the citizens bear the expenses (annual expenditures) necessary for this (financial democracy) (*1).

Q The ruling party has recently been announcing in the press that measures to jump start the stock market are being considered as emergency economic measures. For example, there was the announcement about allowing the balance of individual's stock transfer losses to be carried forward to the next year. What is that about?
A The government is weighing the conversion of enterprise fund procurement from the indirect financing of bank loans, etc. to direct financing through stock investment by individual. In Japan, the ratio of Japanese individual investors decreases year by year, while foreign shareholders (foreign investment companies) is rapidly increasing.
Presently, Japanese must pay income tax of 26% on profits earned from the sale of stocks. On the other hand, when a loss on sale occurs, the entirety of that loss must be individually paid within that year. It is prohibited to offset the loss against other profit by totaling it up with one's other income, such as salary, business income, real estate income and so on. Further, it is prohibited to offset the loss by carrying the loss forward after the following year and totaling it up with the various income of the following years.
The government is talking about allowing these steps. In a case where a company invests in stock and suffers a loss on sale or evaluation loss, it is of course allowed to total up the loss with income other than stock investments and carry it forward to the following year.

Q Why is the treatment of companies different from that of individuals?
A In their relationship to the nation, the taxes of companies and the taxes of individuals are equal. Both companies and individuals pay the government taxes on their incomes. In Japan, corporate tax and income tax are separate, but in countries such as the United States they are both called income tax. In the 21st century, the creations of individual brains and intellectual activities are important assets in a nation's wealth. In eras of high growth up to now, enterprises were the focal points of wealth, but from now on we need to make policies that make use the increase of citizens' individual assets and energy. And that is why revising the current tax law, which disfavors individuals, and putting individuals on at least the same footing as enterprises is the aim of proposal.

Q How are things handled in foreign countries?
A All of the developed nations such as United States, the United Kingdom, Germany and France allow losses on the sale of stocks to be carried forward into the next year and until the loss decreases to zero. In addition, the totaling up of losses and profits has some restrictions but is allowed in all of these countries. From the viewpoint of the individual shareholder, the Japanese tax law, under which one pays tax in that year if one profits and if one loses money, the entirety of that loss must be individually paid within that year, amounts to a policy statement that "stock transactions are evil in nature." This is a tax law that contemplates stock transactions in a sense as like gambling; i.e., as an activity which citizens engaged in honest work should not partake of. On the surface, we are told, "High risk, high return," but this is a tax law of "High risk, low return."

Q Another item being considered as an emergency economic measure is the inheritance tax issue. Is it true that Japan's inheritance tax is the highest in the world?
A That is true. Japan's inheritance tax can impose a taxation rate of as much as 70% on the entire amount of property that a legal heir acquires through inheritance. As for foreign countries, New Zealand, Australia and Canada have abolished the inheritance tax, and in the U.S., President Bush has submitted to the Congress a tax reduction bill that would abolish the inheritance tax gradually over eight years. Japan's Finance Ministry says that because the 70% rate is only applied to 5% of the citizens who pay inheritance tax, the rate has little impact. However, it is the equation of a market economy that high-bracket taxpayers and those who pay a lot in inheritance tax are the successful and the elites who form the basis of the capitalist system, which is the root of the nation. Taxing the top 5% of these contributors and elites at the 70% rate amounts to treating them not as the successful but as criminals who are being fined. As Prime Minister Margaret Thatcher once said, "Even if you treat the rich coldly and make them poor, the poor are not going to become rich" (that is, in a nation of intelligent, cultivated citizenry, a welfare policy of income redistribution produces more evil than good). The bureaucrats of the Finance Ministry are elites of a high percentile that accounts for the top 0.001% of the citizens of the same age. Taxing the top 5% of income earners is the same as deducting 70% of the results as bureaucrats of these elites because they comprise no more than 0.001% of the population. That would not be persuasive at all. Professor Shoichi Watabe of Sophia University has for some time advocated both a flat ten percent income tax and the complete abolition of the inheritance tax, stating that "egalitarianism is the road to Hell," and I am in agreement with him.

Q The Ministry of Health, Labor & Welfare is providing up to 300,000 yen per person in educational and training benefits in order to develop the human resources of workers. What do you think of this as an economic stimulus measure?
A The government began giving out educational and training benefits in March of 1999. As of February 2001, the number of people who received the benefits totaled 401,000 and the total amount of benefits was 38.5 billion yen. Compared to public investment in bridges, roads, dams, etc., 38.5 billion yen over a period of two years is very little. However, the recipients number over 400,000, and this has a considerable impact on future economic measures that are expected to yield renewed national strength from the development of workers' human resources. In this way, a small public investment in human abilities can be expected to produce unlimited possibilities. The true value of the saying that "the value of education is realized by a country over a hundred years" is all the more clearly shown in a knowledge-creating society. By the way, if a company or individual employer pays vocational training expenses or purchases physical facilities in order to develop the human resources of employees (or oneself), the entire cost and depreciation for these are allowed under the Tax Law. In contrast, if a worker incurs the same expenses to develop his or her own human resources, these costs are not allowed as necessary expenses. The Finance Ministry denies this on the basis of wage income deduction being uniformly allowed (*2). Going forward, however, the government is setting policy towards the startup of new businesses with hopes placed on the venture spirit of salarymen and creative abilities. To that end, expenses should be allowed to individuals on at least the same footing as companies and employers. At the present time, Japan is carrying forward Diet reform, Cabinet reform, administrative reform and judicial reform. From the standpoint of the essence of civilization, these are steps toward a knowledge-creating society. They are preparations for the arrival of a knowledge-valuing society that whose infrastructure will be intellectual property rights and information technology. Just as it was once said in the Roman Empire that "All roads lead to Rome," it is appropriate to say that under the capitalist market economy, "All roads lead to the taxation system."

(Author: The form of question and answer was taken to clarify the issues.)


(*1) Sorimachi Katsuo, "Legal Thinking That Opens Up the 21st Century," pp. 198 et seq. (Tokyo Legal Mind). The current popular theories of taxation claim the following three purposes: (1) the procurement of tax money to pay for public services that the nation provides its citizens, (2) the procurement of tax money for the purpose of redistributing wealth and (3) the procurement of tax money for the purpose of economic adjustment. The question being asked is whether these three functions can be maintained as they are in this highly knowledge- and information-oriented society of the 21st Century or in the midst of the globalization and internationalization of post-war market economies.

(*2) Article 57-2 of the Income Tax Law: prescription concerning so-called "designated expenditures."


2001 issue of Legal Culture . (No.5; May)
index back next up

Copyright