Archives 2020

Notes on operating a business in Japan

Here we explain what you need to be aware of when you are doing business in Japan.

Business Licenses

In Japan, business licenses are required for some types of businesses.

Even if you are a foreigner, if you want to do business in Japan, you need to obtain the necessary business licenses.

If a business license is required, the business will be started after the license is granted.

Business that requires a license (example)

  • Sales of used cars
  • Travel business
  • Accommodation business
  • Real estate sales
  • construction industry

There are many other businesses that require licenses.

It is illegal to operate a business without a business license, even though a license is required.

Foreign Exchange and Foreign Trade Law (1949)

Japan has a “Foreign Exchange and Foreign Trade Law”.

If you want to set up a company in Japan or set up a branch or representative office in Japan, you may need to report beforehand or after the fact, as required by the Foreign Exchange and Foreign Trade Law.

There are also cases in which you may be required to report before or after receiving high value remittances from overseas, as required by the Foreign Exchange and Foreign Trade Law.

Immigration and Refugee Recognition Act

Foreigners staying in Japan must comply with the rules set forth in the Immigration and Refugee Recognition Act.

A common mistake is to say, “Once you get the status of residence, you can do any job”.

The type of residence status in Japan determines what kind of work you can do.

You may also need to change your status of residence if your circumstances change such as changing jobs.

You can’t just say, “My friend was fine, so I guess I’ll be fine too.

If there is a violation, in the worst case, you will be deported and may not be able to enter Japan for the time being.

You must always abide by the rules set by law.

Procedures after the establishment of the company

There are various procedures that need to be followed after the company is established.

Registration of corporate seal

In Japan, seals are very important.

Registering your personal seal at the government office proves that it is “your own personal seal” and is also used to verify your identity.

The registered seal is called a “jitsuin” and is used in important situations such as purchasing real estate, and getting a loan.

The seal of a corporation is also registered at the Legal Affairs Bureau as a real seal of the corporation.

Be sure to register your company seal, as you will often need it in your business.

Submission of notification of establishment of a corporation

Once the company has been established, it is necessary to submit the registration form for incorporation to three locations.

Keep in mind that the deadlines and forms of documentation vary depending on where you apply

1. Reporting to the tax office

It is filed with the tax office that has jurisdiction over the location of the corporation.

Deadline: Within 2 months of incorporation

Required documents: One copy of the articles of incorporation, act of donation, rules or regulations (two copies for domestic corporations with capital of 100 million yen or more)

2. Reporting to the prefecture

It is submitted to the prefecture in which the corporation is located.

Deadline: Varies by prefecture.

Required documents: a certificate of all historical matters, a copy of the articles of incorporation, and other documents required by the prefecture

The application form is different for each prefecture.

3. Reporting to the municipality

It is submitted to the city or town where the corporation is located.

Deadline: Depends on the municipality.

Required documents: a certificate of all matters relating to the applicant’s history, a copy of the applicant’s articles of incorporation, and other documents required by the municipality

The application form varies by municipality.

Submission of an application for approval of blue tax return

There are tax benefits to using a blue tax return.

If you want to take this tax benefit, you have to apply for approval of your blue tax return.

Where to submit: The tax office that jurisdiction over the location of the head office

Deadline: Within 3 months of establishment (*If the first fiscal year ends within 3 months, it must be by the end of the first fiscal year)

Notification of the opening of a payroll office, etc.

This notification is required when you hire an employee and pay them.

This is a necessary notification for application procedures for the status of residence “Business Manager”.

You should submit even if you do not have an employee, if you are planing to apply it.

Deadline: Within one month of establishment

Application for Approval of Special Provisions for the Delivery Date of Withholding Income Tax

For establishments with fewer than 10 employees, the withholding tax payment can be divided into two annual payments.

This is the notification to receive the special treatment.

These documents are required for the application procedures for the status of residence, so you should submit them even if you don’t have an employee.

If you are going to apply for the status of residence, you should submit it as soon as you are established.

Submit a new application form for health insurance and welfare pension insurance

When you set up a company, you have to take out social insurance.

You will be covered by health insurance and welfare pension.

Health insurance is required to receive medical services.

The welfare pension is a provision for those who are unable to work due to old age or disability

Many foreign nationals plan to return to their home countries when they get old, and there are cases where they refuse to join the welfare pension plan.

However, regardless of nationality, anyone over the age of 20 living in Japan is required to join the program.

In addition, enrollment and payment of a welfare pension is one of the requirements for a permanent residence.

Please be sure to follow the procedure.

Deadline: within 5 days of incorporation

Where to file: the pension office with jurisdiction over the location of the company

Required documents: Proof of all the corporate history

Notification required when hiring an employee

The following notifications are required if you are hiring an employee.

Notification of qualification for health insurance and employee pension insurance

This is the procedure for enrolling employees in social insurance.

Deadline: Within 5 days of employment (If there are employees at the time of establishment, this must be submitted at the same time as the new application for health insurance and employee pension insurance.

Where to file: The pension office with jurisdiction over the location of the corporation

Notification of the establishment of an insurance relationship and a declaration form for approximate insurance premium

This is a procedure of labor insurance .

Submit to: Your local labor standards office

Notification of the establishment of an employment insurance application office and notification of the acquisition of employment insurance coverage

This is a procedure related to employment insurance.

Submit to: Public Employment Security Office with jurisdiction

Status of residence for foreign staff hired by the company

In order for foreign nationals to work in Japan, they must obtain a status of residence that allows them to work.

Even if the representative of the company is a foreigner, if the company is hiring a foreigner to work in Japan, the foreign staff must obtain a status of residence that allows them to work.

The status of residence in Japan is divided into different types according to the job description.

In principle, the status of residence for employment must be full-time employment.

In a part-time job, it will be difficult to obtain residency status for work.

If you want your foreign staff to work as a part-time, hire foreign students, people with family residence status, or people with residence status without work restrictions.

The common status of residence for employment is as follows.

Engineer/ Specialist of Humanities/ International Services

Intra-company Transferee

Highly Skilled Professional(1)

Engineer/ Specialist of Humanities/ International Services

There are a wide range of jobs that fall under this status of residence.

Specific examples include the following

  • Sales
  • advertising
  • Trade affairs
  • System Engineer
  • Design and development of precision machinery and equipment, etc.
  • designner
  • interpreter

Requirements of Engineer/ Specialist of Humanities/ International Services

1: There must be an employment contract between the employer and the foreign staff member.

If you work in a Japanese branch or representative office, you will sign a contract with a company in your home country.

2: One of the following conditions applies.

A: Knowledge relevant to the job description must have been acquired through college or university .

B: At least 10 years of work experience in the job description in which they are engaged.

 At least 3 years of work experience is required for some jobs such as interpretation and translation.

3: The remuneration must be equal to or greater than the remuneration received by Japanese workers

In Japan, the minimum wage is set by law.

Salaries below the minimum wage will not be allowed.

4: The state of the company’s operations

Companies are judged to see if they can hire and pay their employees.

If the business requires a business license, it will also be checked to see if it is legally licensed.

5:The behavior of foreign staff is good.

International students and foreigners with family stays can work up to 28 hours a week.

If it is found that they have been working more than the legally mandated hours, they will be deemed to be misbehaving.

If that happens, it will not be allowed.

Intra-company Transferee

If you are transferred from an overseas head office to a Japanese branch, subsidiary or representative office, you can apply for “Intra-company Transferee”.

The jobs that can be worked by “Intra-company Transferee” are those that fall under the category of “Engineer/ Specialist of Humanities/ International Services”.

Requirements for Intra-company Transferee

1: You have been working at an overseas head office for more than one year in a “Engineer/ Specialist of Humanities/ International Services” type of job.

2: The remuneration must be equal to or greater than the remuneration received by Japanese workers.

Highly Skilled Professional(1)

This is a status of residence for foreigners with advanced skills, knowledge and experience.

Compared to other residence statuses for work, there are various preferential measures.

There are three types of Highly Skilled Professional(1), depending on the nature of their work.

A: Advanced academic research activities

b: Advanced specialized/technical activities

C: Advanced business management activities

Requirements for Highly Skilled Professional(1)

1:You must have scored at least 70 points in the points table below.

2: Annual income of \3,000,000- or more

Preferential treatment for Highly Skilled Professional(1)

1. Permission for multiple activities

2. Grant of the “5 years”period of stay

3. Easing of requirements for permanent residence

4. Permission for the spouse of the highly-skilled foreign professional to work

5 .Permission for bringing a parent(s) to accompany the highly-skilled foreign professional to Japan under certain conditions

6. Permission for a domestic worker to accompany the highly-skilled foreign professional to Japan under certain conditions

7. Preferential processing of entry and residence procedures

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