February 28, 2022 Firm News

Representing a client, MHM obtains a National Tax Tribunal decision in favor of the client, ordering rescission of a tax authority’s disposition for taxation in full

Three of the firm’s lawyers, namely Hiroyuki Kurihara, Keiichi Bando and Takafumi Okuda, one of the firm’s licensed tax accountants Koyo Madokoro, and attorney-at-law Susumu Masuda (a former partner at MHM until 2020) at Susumu Masuda Law Office represented the founder of Sazaby League, Ltd. (the “Company”) and the asset management company of the Chairman of the Company (collectively, the “Client”) in a reconsideration process at the National Tax Tribunal regarding a tax authority’s disposition against the Client for imposition of capital gains tax on alleged unreported capital gains from share transfers in the amount of approximately 21 billion yen in total.  In January 2022, the representatives obtained a decision from the Director-General of the National Tax Tribunal ordering the rescission of the tax authority’s disposition for taxation in full.

The point in dispute in this case was the fair value of the Company’s shares, which the Client transferred to the Company, under the Corporation Tax Act.  The Director-General of the National Tax Tribunal ruled in the decision that the shares’ fair value did not exceed the value asserted by the Client, and therefore the disposition for taxation was rescinded in full.