Prescription

Extinctive prescription

We introduce extinctive prescription, its verification and start for it in tax law

By tax law, extinctive prescription is defined to be 7 years, but there is a difficult problem to verify the start of the prescription. What is most important is that those who donated and were donated must recognize the difference of donated and being donated. Those who were donated are authorized to be donated solely in case where he or she controls and uses it at its discretion

Even if grandfather insists that the prescription is effective as he donated term deposit to 5 year old grandchild 10 years ago by taking advantage of extinctive prescription, it is difficult to assume that the grandchild understands the donation of the deposit as well as to control and use it at its discretion. For this reason, the deposit is authorized to be grandfatherfs possession

Even if claim of the receivables is extinguished by extinctive prescription, the deductible expense is not authorized in taxation unless it is confirmed by verification by means of content-certified mail. In other words, it is possible that the deposit can be donated unless it is verified

Extinction of prescription for receivables and claim is different, and we list it below. Please use it for reference

We provide consultation for verification of extinctive prescription to customers who have the contract oftax accountant consultation andsocial insurance consultation with us at free of charge

We do not accept consultation for verification of extinctive prescription from customers other than those who have consultation contract with us by e-mail or telephone except where they visit us

Extinctive prescription in Japan

Year of extinctive prescription
Claim for salary of short-time employment (salary not eligible by labor standard law) Staying fee at Japanese inn and hotel, taxi fare, expense for transportation, bill at bar, rental fee, bill endorser, claim for drawer of bill of exchange
1 year
Claim for salary of worker (eligible by labor standard law),
Transaction amount in business (trade receivable),
attorneyfs fee, monthly tuition for cram school, distribution of property by divorce,
2 years
Claim for damage compensation caused by illegal act such as traffic accident Medical expense,
preparation fee, claim for contract fee of construction, alimony by divorce,
drawer of promissory note, claim for undertaker of bill of exchange,
3 years
Receivables by commercial activity, loan of consumer finance,
periodical receivables such as rent and rent of land,
claim for retirement allowance, receivables of doctor,
5 years
Transaction amount between individuals, borrowing and lending of money between individuals,
receivables ruled by trial, claim for returning deposit and guarantee deposit,
10 years
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