Selling Japanese Property as a Non-Resident: 10.21% Withholding
Published
Written by: Licensed real estate broker in Japan, 10 years at a listed real estate company, now a salaried landlord
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Enter the price, rent, loan and your salary to see the monthly cash flow, the tax refund and a 35-year projection. Runs in your browser.
Short answer
When a non-resident sells Japanese property, the buyer usually withholds 10.21% of the price, not of the gain.
The actual tax on the gain is lower (15.315% or 30.63%, with no resident tax), and the difference comes back when you file a return.
Two different taxes at closing
Sale price ¥19,800,000
buyer is an investor or company
Buyer withholds 10.21%
¥2,021,580
Tax on the gain
calculated on your return
Difference refunded
after filing
The withholding is a prepayment, set as a share of the whole price so the tax office collects something before the seller leaves the picture. Your real tax is on the gain: sale price minus cost basis and selling costs. You settle the two on a tax return by March 15 of the following year.
| Buyer | Withholding |
|---|---|
| Company, including buyback companies | Yes |
| Individual investor | Yes |
| Individual buying a home to live in, price ¥100 million or less | No |
Most buyers of one-room investment condos are investors or companies, so expect the withholding.
Rates for non-residents
Long term means more than five years of ownership as of January 1 of the year of sale. The gain is taxed separately from other income at a flat rate. Resident tax applies only if you have an address in Japan on January 1 of the year after the sale, so a non-resident pays income tax only.
Example: the ¥22 million condo, sold after 10 years
The condo from our other articles, bought for ¥22,000,000 with a ¥21 million loan while living in Japan, is sold in year 10 for ¥19,800,000 after the owner has moved abroad.
| Item | Amount |
|---|---|
| Taxable gain (after depreciation and brokerage) | ¥3,720,199 |
| Tax at 15.315% (non-resident) | ¥569,748 |
| Withheld by the buyer (10.21% of price) | ¥2,021,580 |
| Refund after filing | ¥1,451,832 |
| Cash at closing after loan repayment and withholding | ¥712,479 |
As a resident the same sale would cost ¥755,758 at 20.315%. As a non-resident the tax is ¥569,748, but ¥2,021,580 is held back at closing, so most of the money arrives only after the tax return is processed. Why there is a gain at all when the price fell is explained in capital gains tax on Japanese property.
Selling early with a loan can leave you short
Same unit, sold in year 5 (short term)
Cash at closing
−¥1,724,602
loan payoff + brokerage + withholding
Refund after filing
¥1,292,464
tax ¥729,116 on a ¥2,380,399 gain
In year 5 the loan balance is still high. After repaying the loan and the brokerage fee only ¥296,978 would remain, and the buyer withholds ¥2,021,580. You would need about ¥1.7 million of your own money to close, and wait months for the refund. Check the loan balance before agreeing a price.
Plan the exit
Details: tax agent, documents, and timing
Filing the return
The sale is reported on a final return for the year of sale, filed by March 15 of the following year through your tax agent (納税管理人). The 10.21% withheld is credited and the excess refunded. Without a return, the withholding is not refunded.
Documents you need
- The purchase contract and invoices for purchase costs (to prove the cost basis).
- Your depreciation records from past returns.
- The sale contract, brokerage invoice and stamp duty.
- Proof of the amount the buyer withheld (ask the buyer or the broker for a copy of the payment).
Without the purchase contract, the cost basis may be set at 5% of the sale price, which makes the gain much larger.
Other points
- The buyer pays the withholding to the tax office by the 10th of the following month.
- Your country of residence may also tax the gain and give a credit for the Japanese tax.
- If you move back to Japan before January 1 of the following year, resident tax applies to the gain.
Frequently asked questions
Q. Can I avoid the withholding?
Q. What if I sell at a loss?
Q. Does the 5-year rule change for non-residents?
Q. Is the ¥30 million home-sale deduction available?
Sources
- National Tax Agency: Buying land or buildings from a non-resident (Japanese)
- National Tax Agency: Leasing or transferring real estate in Japan, leaflet (English)
- National Tax Agency: Tax on long-term gains (Japanese)
- National Tax Agency: Tax on short-term gains (Japanese)
- National Tax Agency: Tax agent for people working abroad (Japanese)
Run your own numbers
Enter the price, rent, loan and your salary to see the monthly cash flow, the tax refund and a 35-year projection. Runs in your browser.
More articles
- Investing in a Tokyo One-Room Condo as a Foreign Resident
- Tax Refunds from a Japanese Rental Condo: The Loss Offset
- Depreciation of Used Condos in Japan: The Simplified Method
- Gross vs. Net Yield in Tokyo: Reading the Real Cash Flow
- Selling Property in Japan: Capital Gains Tax and the 5-Year Rule
- Can Foreigners Buy Property in Japan? Rules, Steps and Costs
- Renting Out Japanese Property from Abroad: 20.42% Withholding
- Leaving Japan with a Rental Condo: What Changes for Tax
These articles explain how the system generally works. They are not tax, legal or investment advice for your situation. Check with the tax office, your municipality or a licensed tax accountant.