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Germany – Japan · Source editionArticle 22 Elimination of Double Taxation

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(1)

(1) Subject to the provisions of the laws of Japan regarding the allowance as a credit against Japanese tax of tax payable in any country other than Japan, where a resident of Japan derives income from the Federal Republic of Germany which may be taxed in the Federal Republic of Germany in accordance with the provisions of this Agreement, the amount of German tax payable in respect of that income shall be allowed as a credit against the Japanese tax imposed on that resident. The amount of credit, however, shall not exceed the amount of the Japanese tax which is appropriate to that income.

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(2)

(2) Where a resident of the Federal Republic of Germany derives income which, in accordance with the provisions of this Agreement, may be taxed in Japan or is exempt from Japanese tax under the provisions of paragraph 3 of Article 10, the follow- ing shall apply: a) Except as provided in subparagraph c), the income shall be exempted from the basis upon which German tax is imposed. In the case of dividends, this applies only to such dividends as are paid to a company (other than a partnership) being a resident of the Federal Republic of Germany by a company being a resident of Japan at least 10 percent of the capital of which is owned directly by the company being a resident of the Federal Republic of Germany. The exemption from the basis provided by the first sentence of this subparagraph shall not apply to dividends paid by a tax exempt company, to dividends that the distributing company may deduct for Japanese tax purposes or to dividends that are attributed under the law of the Federal Republic of Germany to a person that is not a company being a resident of the Federal Republic of Germany. b) The Federal Republic of Germany retains the right to take into account in the determination of its rate of tax the items of income which under the provisions of the Agreement are exempted from German tax. c) With respect to the following items of income, there shall be allowed as a credit against German tax on income, subject to the provisions of German tax law regarding credit for foreign tax, Japanese tax paid under the laws of Japan and in accordance with the provisions of the Agreement on such items of income: i) dividends within the meaning of Article 10 to which sub- paragraph a) does not apply; ii) capital gains to which paragraph 2 of Article 13 applies; iii) income to which Article 15 applies; iv) income to which Article 16 applies; v) income to which paragraph 1 of Article 17 applies. For the purposes of application of this subparagraph, income of a resident of the Federal Republic of Germany that, under the Agreement, may be taxed in Japan shall be deemed to be income from sources within Japan. d) The provisions of subparagraph a) are to be applied to items of profits or income within the meaning of Article 7 and Arti- cle 10 and to gains from the alienation of property within the meaning of paragraph 3 of Article 13 only to the extent that the items of profits, income or gains were derived from the production, processing, working or assembling of goods and merchandise, the exploration and extraction of natural resources, banking and insurance, trade or the rendering of services or if the items of profits, income or gains are eco- nomically attributable to these activities. This applies only if a business undertaking that is adequately equipped for its business purpose exists. If the provisions of subparagraph a) are not to be applied, double taxation shall be eliminated by means of a tax credit as provided for in subparagraph c). e) Notwithstanding subparagraph a), double taxation shall be eliminated by a tax credit as provided for in subparagraph c), if: i) in the Contracting States items of income or elements thereof are placed under different provisions of the Agree- ment and if, as a consequence of this different placement, such income would be subject to double taxation, non- taxation or lower taxation and in the case of double tax- ation this conflict cannot be resolved by a procedure pur- suant to paragraph 2 or 3 of Article 24; ii) Japan may, under the provisions of the Agreement, tax items of income or elements thereof but does not actually do so; or iii) after consultation, the Federal Republic of Germany noti- fies Japan through diplomatic channels of items of in- come or elements thereof to which it intends to apply the provisions on tax credit under subparagraph c). Double taxation is then eliminated for the notified items of income or elements thereof by allowing a tax credit from the first day of January in the calendar year next following that in which the notification was made.

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Source, edition and limits
Source edition
de-japan-2016-base | BGBl. 2016 II S. 956 | Signed: 2015-12-17 | Gazette publication: 2016-07-25
Source form
official-publication PDF with native text layer; reader is a machine transcription
Source scope
original implementing law, bilingual base treaty and accompanying protocol; not a current consolidated text
Retrieved
2026-09-30
Text and language scope
This source supplies German and English versions. The signing clause also identifies Japanese as authentic; that third version is NOT present in this reader. Unreviewed coordinate-based machine transcription of this original source edition only. Printed line breaks, hyphens and uncertain token spacing are retained, not silently corrected. Treaty preamble, closing formula, protocol and shared signatures are separate retained assets, not part of the last article. Full supplements: /review/de-japan-2016-base/. PDF page links identify pages, not verified paragraph correspondence.
Review status
Pending human wording, completeness, source-authority, currentness, alignment and rendering review. No legal review performed.
Currentness
Original source edition; not a verified current-law consolidation. Unknown. No current-law consolidation, effective-period determination, MLI application, or complete amendment-chain verification has been performed. Original publication year is not a current applicability date. Bounded agent triage, no qualified wording/alignment/legal review. No exhaustive verification of all later 2026 developments. Matching digest proves retained source identity, not legal force.
Protocols and later instruments
The protocol printed with this agreement is separately preserved in source supplements; it has not been merged into treaty articles. Subsequent protocols, amendments, MLI effects, replacements and suspensions are unresolved. This is not a consolidated current-law instrument. Source-triage warnings: Bounded agent triage, no qualified wording/alignment/legal review. No exhaustive verification of all later 2026 developments. Matching digest proves retained source identity, not legal force. Known related/later instruments NOT included in this source (agent triage, not exhaustive): BEPS-MLI; general application from: 2026-01-01
Text language and status
en · authentic-language-transcription · machine-transcription
Citation
BGBl. 2016 II S. 956
SHA-256
413804ca244c776065e68f53df0ea2b5c3dda880cc4a56721addacbc29648f12

Citation

Copyable citation

BGBl. 2016 II S. 956 | de-japan-2016-base | de-japan-2016-base | BGBl. 2016 II S. 956 | Signed: 2015-12-17 | Gazette publication: 2016-07-25 | Article 22 | en | Pending human wording, completeness, source-authority, currentness, alignment and rendering review. No legal review performed. | /library/treaties/de-japan-2016-base/en/articles/article-22/

Disclaimers

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BGBl. 2016 II S. 956

Unreviewed machine transcription. Not a verified current-law consolidation or legal advice. Later changes may be missing.

Source details · Preamble and protocol

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