Buying Overseas Property from Japan: Foreign Buyer Rules & Tax
เนื้อหานี้ยังไม่มีในภาษาของคุณ
If you live in Japan and buy property abroad, two legal systems apply at once. The host country decides whether a foreigner may own the property and in what form, while Japan taxes the rent and any sale gain while you are a Japanese tax resident.1 Since 2021 income, where a used building abroad is depreciated over a simplified or undocumented estimated useful life, the depreciation part of its rental loss can no longer be set against your salary or other income.23
This guide covers foreign buyer rules in five sample markets (Thailand, Malaysia, Australia, the United States and the United Kingdom), financing, Japanese tax and estate exposure. It describes rules only, with no recommendation on whether, where or what to buy.
Motivation for Buying Property Abroad: Relocation Home vs. Yield Investment
Section titled “Motivation for Buying Property Abroad: Relocation Home vs. Yield Investment”Two Legal Layers: Host-Country Ownership Rules and Japanese Tax Residency
Section titled “Two Legal Layers: Host-Country Ownership Rules and Japanese Tax Residency”Host-country law governs ownership; Japanese tax follows your residency tier under Income Tax Act Article 7(1). A resident other than a non-permanent resident is taxed on all income, a non-permanent resident on foreign-source income only to the extent paid in Japan or remitted from abroad, and a non-resident on Japan-source income only.14 Rent from property abroad and gains from selling it are foreign-source income under Article 95(4).1
A non-permanent resident (Hi-eiju Kyojusha 非永住者) is a resident without Japanese nationality whose domicile or residence in Japan totals 5 years or less in the past 10 years.4 The Japan tax residency rules article explains how each tier is determined.
Home to Live In Later vs. Rental Investment: What Changes
Section titled “Home to Live In Later vs. Rental Investment: What Changes”Renting the property out brings it into your Japanese return every year. Rent is real estate income (Fudosan Shotoku 不動産所得), with expenses such as property tax, insurance, depreciation and repairs deductible, wherever the property is.15 A home kept empty for your own future use produces no rental income or loss, so the overseas used building rule below does not apply.2
Leaving Japan changes the picture. Once you are a non-resident, rent from property abroad falls outside Japanese income tax.14 Real estate is also not a covered asset for the Departure Tax (Kokugai Tenshutsuji Kazei 国外転出時課税), which deems a sale only of securities and similar interests (Income Tax Act Article 60-2).1
Ownership Forms You Will Meet: Freehold, Strata or Condominium Title, Leasehold
Section titled “Ownership Forms You Will Meet: Freehold, Strata or Condominium Title, Leasehold”- Freehold: outright ownership of land and buildings with no end date.
- Condominium or strata title: a unit plus a share of common property; the main legal route for foreigners in Thailand.6
- Leasehold: a right to use land or a building for a fixed term set under local civil law.
- Australian categories: new dwellings, established dwellings and vacant residential land are treated differently.7
Legal Restrictions on Foreign Buyers: Condos, Freehold Land, and Government Approvals
Section titled “Legal Restrictions on Foreign Buyers: Condos, Freehold Land, and Government Approvals”Four Types of Restriction: Outright Bans, Quotas, Price Floors and Approval Regimes
Section titled “Four Types of Restriction: Outright Bans, Quotas, Price Floors and Approval Regimes”Foreign buyer rules fall into four types, and one country can use several. Extra purchase taxes form a fifth layer that raises the cost rather than blocking the purchase.
- Outright bans: Thai land; Australian established dwellings until 30 June 2029 (as of October 2026).67
- Quotas: Thailand’s 49% foreign cap per condominium building (as of October 2026).6
- Price floors: Malaysian state minimum prices for foreign purchases.
- Approval regimes: Australian foreign investment approval, for a fee (as of October 2026).78
- Purchase surcharges: the UK’s 2% non-resident Stamp Duty Land Tax surcharge in England and Northern Ireland, and 7% to 9% in five Australian states (as of October 2026).91011121314
Legal Due Diligence: Title, Encumbrances and Registry Checks
Section titled “Legal Due Diligence: Title, Encumbrances and Registry Checks”Confirm title in the official register before any money moves: the Land Office in Thailand, the state land office in Malaysia, HM Land Registry in England and Wales, or the county recorder in the United States. As general guidance, a licensed local lawyer or conveyancer should check:
- the registered owner is the seller and has authority to sell;
- mortgages, liens, leases or other encumbrances;
- zoning and permitted use, including letting;
- for Thailand, room left in the building’s foreign quota;6
- for Australia, approval in hand or a contract conditional on it.7
Australia allows signing before approval only if “the contract is conditional on receiving foreign investment approval” (Guidance Note 6), and land that previously had a dwelling on it “would generally not be treated as vacant residential land”.7
Thailand checks the buyer as well as the unit. The Board of Investment (BOI) guide says eligible foreign condominium buyers must provide proof of lawful residency under the Immigration Act or authorization under the Investment Promotion Act, “as applicable”.6 A further route based on bringing in foreign currency is widely described but could not be checked against the statute, so confirm it with the Land Office.
Country-by-Country Legal Property Matrix (Table)
Section titled “Country-by-Country Legal Property Matrix (Table)”The matrix summarises the five sample markets (as of October 2026). “See official source” marks cells with no official figure found.
| Country | Foreign individual freehold land | Condo or strata unit | Approval or price floor | Foreign-buyer purchase surcharge | Key official source |
|---|---|---|---|---|---|
| Thailand | Generally not permitted (narrow exceptions)6 | Permitted within 49% of total unit floor area per building6 | Land Office registration; bank evidence of foreign currency funding15 | See official source | BOI Quick Guide 2026; Bank of Thailand |
| Malaysia | Prior State Authority approval (National Land Code Section 433B)16 | Same | State-set minimum prices; see official source | See official source | State land office |
| Australia | Approval required; established dwellings banned to 30 June 20297 | New dwellings: approval usually without usage conditions7 | Foreign investment approval; fee from AUD 4,600 (2026-27)8 | 7% to 9% in NSW, Vic, Qld, WA, Tas1011121314 | foreigninvestment.gov.au |
| United States | No federal approval step identified; state laws vary | Same | CFIUS excepts a single housing unit17 | None federal; FIRPTA withholding on sale18 | IRS; eCFR |
| United Kingdom | No restriction identified | Same | None | SDLT 2% non-resident surcharge (England and NI), usually plus 5% if you own another home anywhere919 | GOV.UK (HMRC) |
Southeast Asia Real Estate: Thailand Condominium Quotas and Malaysia State Price Thresholds
Section titled “Southeast Asia Real Estate: Thailand Condominium Quotas and Malaysia State Price Thresholds”Thailand: No Land Ownership, the 49% Condominium Quota and Foreign Currency Funding
Section titled “Thailand: No Land Ownership, the 49% Condominium Quota and Foreign Currency Funding”Foreigners are generally not permitted to own land in Thailand. The BOI’s 2026 guide lists exceptions for juristic persons in industrial estates and for BOI-promoted investors needing land for the promoted activity, neither of which usually fits an individual buyer.6
Condominium units are the main legal route. Foreign ownership “must not exceed 49% of the total floor area of all units within that building” (as of October 2026).6 The cap is measured by floor area, not unit count, so confirm the building’s foreign-owned share before paying a deposit.
Funding evidence comes from the bank. Under the Bank of Thailand’s Exchange Control Regulation, anyone purchasing, selling, depositing or withdrawing foreign currency with an authorized bank must notify the bank of the transaction details, and the bank then issues evidence of the transaction to the customer.15 For transactions of USD 200,000 or more, banks request supporting documents unless they have already done Know Your Business checks (as of October 2026).15
Keep that evidence, and ask the receiving bank and the Land Office what they need before sending money. Form thresholds quoted on commercial sites do not appear on the Bank of Thailand page. Non-residents may also use a Non-resident Baht Account for purposes including investment in immovable assets (as of October 2026).15
Leasehold is often discussed as an alternative for land or a house; confirm the maximum term and registration rules with a Thai lawyer. Transfer fees and taxes were not verified on an official page, so check with the Department of Lands and the Revenue Department; the Thailand relocation guide covers visas.
Malaysia: State Consent Under National Land Code Section 433B and Minimum Prices
Section titled “Malaysia: State Consent Under National Land Code Section 433B and Minimum Prices”Foreign buyers need State Authority consent. National Land Code Section 433B provides that a non-citizen may acquire land, or deal in alienated land, only with the State Authority’s prior approval on written application, possibly subject to a levy.16 The official statute text could not be reached; this relies on the Malaysian Bar’s circular quoting the provision.
Each state sets and revises its own minimum price and excludes certain property categories. No current figure could be confirmed on a government page (as of October 2026), so check with the state land office rather than relying on agents’ websites.
State thresholds are separate from MM2H, the Malaysia My Second Home visa programme, covered in the Southeast Asian retirement visas article and the Malaysia relocation guide.
Western Markets: US, UK, and Australia FIRB Approval Rules
Section titled “Western Markets: US, UK, and Australia FIRB Approval Rules”Australia: FIRB Approval, the Established Dwelling Ban and Fees
Section titled “Australia: FIRB Approval, the Established Dwelling Ban and Fees”Foreign persons, including temporary residents, need approval to buy residential land.20 Permanent visa holders and New Zealand citizens on a Special Category Visa are exempt, and Australian citizens need no approval even if living abroad.20
Established dwellings are off-limits until 30 June 2029 (as of October 2026). The ban began on 1 April 2025 and originally ran to 31 March 2027; Budget 2026-27 extended it by two years and three months.2122 Guidance Note 6 calls it “the Government’s policy”, applied through the Treasurer’s national interest test under the Foreign Acquisitions and Takeovers Act 1975.723
Exceptions are narrow and still need approval: redevelopment adding at least 20 dwellings, acquisitions supporting housing on a commercial scale, and certain employers housing Pacific island or Timor-Leste workers.7 Temporary residents have no exception.7
New dwellings and vacant land remain open with approval. A new dwelling approval “is not usually subject to any conditions concerning its usage”, while vacant land approval requires construction to be completed within four years and no sale before completion (as of October 2026).7
Fees are indexed every 1 July. For 2026-27, residential land other than established dwellings costs AUD 4,600 below AUD 75,000 consideration and AUD 15,600 up to AUD 1 million; established dwelling fees are 3 times the standard amount, from AUD 13,800 (as of October 2026).824 An annual vacancy fee applies if the dwelling is not residentially occupied or genuinely available for rent for at least 183 days in 12 months; for vacancy years starting on or after 9 April 2024 it is usually double the original application fee.724
State surcharges come on top (as of October 2026): NSW 9%, Victoria 8%, Queensland 8%, Western Australia 7% and Tasmania 8% for residential property.1011121314 Check other states and territories with their revenue offices.
United States: No Federal Ban, but FIRPTA, State Laws and CFIUS
Section titled “United States: No Federal Ban, but FIRPTA, State Laws and CFIUS”No federal approval step for a foreign individual buying a home was identified in the official sources reviewed. The CFIUS national security regime treats the purchase or lease of “a single housing unit” as an excepted real estate transaction.17 State laws vary and some restrict certain foreign buyers, so check the relevant state’s law with a local attorney.
The main federal touchpoint comes when you sell. Under the Foreign Investment in Real Property Tax Act (FIRPTA), a buyer from a foreign person generally withholds 15% of the amount realized, subject to the exceptions in the selling section (as of October 2026).18
United Kingdom: Open Market, Higher Purchase Taxes for Non-Residents
Section titled “United Kingdom: Open Market, Higher Purchase Taxes for Non-Residents”No restriction on foreign individuals was identified, but non-residents pay more Stamp Duty Land Tax (SDLT) in England and Northern Ireland. Standard residential rates run from nil to £125,000 up to 12% above £1.5 million (as of October 2026).9
Two surcharges usually stack for a Japan homeowner. You are non-resident for SDLT if you were not in the UK for at least 183 days in the 12 months before purchase, and non-residents “usually pay a 2% surcharge” (as of October 2026).9 You also usually pay 5% extra if the purchase will not be the only residential property worth £40,000 or more that you own anywhere in the world, so a home in Japan will usually count.919
Scotland and Wales have their own property transaction taxes; check the relevant revenue authority. An overseas company must register with Companies House on the Register of Overseas Entities to buy, sell or transfer UK land; the cross-border company formation article covers corporate structures.25
Financing Overseas Property: Japanese Bank Overseas Mortgages vs. Local Host Country Loans
Section titled “Financing Overseas Property: Japanese Bank Overseas Mortgages vs. Local Host Country Loans”Japanese Housing Loans and Public Schemes Generally Cover Homes in Japan
Section titled “Japanese Housing Loans and Public Schemes Generally Cover Homes in Japan”The housing loan tax credit (住宅借入金等特別控除) does not reach a home abroad, because Act on Special Measures Concerning Taxation (STMA) Article 41(1) applies to a home built or acquired “in Japan” (国内において).2
Flat 35, the Japan Housing Finance Agency (JHF) fixed-rate scheme, is built around a Japanese inspection. Its terms require a conformity certificate (Tekigo Shomeisho 適合証明書) from an inspection against JHF technical standards and exclude property rented to third parties, with full repayment demanded on investment use (as of October 2026).26 Never divert a Japanese loan whose terms restrict the use of funds to a purchase abroad.
Borrowing in Japan Against Other Assets vs. Borrowing in the Host Country
Section titled “Borrowing in Japan Against Other Assets vs. Borrowing in the Host Country”The generic routes are cash, a loan in Japan secured on other assets, or a host-country mortgage. As general guidance, host-country lenders set their own conditions for non-residents, and servicing a foreign-currency loan from yen income carries exchange risk. In Australia, mortgages from foreign lenders are not caught by the established dwelling ban.7
Interest is deductible against rent, with one land-related limit. Interest on borrowing to acquire a rental property is a necessary expense of real estate income (Income Tax Act Article 37).15 Where real estate income is a loss, STMA Article 41-4 treats the part equal to interest on debt used to acquire the land as not arising for loss offset, and its text has no domestic limitation.2
Moving the Purchase Money: Payment Reports and Source of Funds
Section titled “Moving the Purchase Money: Payment Reports and Source of Funds”A resident’s purchase of real estate abroad is a “capital transaction” under the Foreign Exchange and Foreign Trade Act (Gaitame Ho 外為法, Article 20 item 10), but no capital transaction report applies to it. Article 55-3(1) item 12 requires a report only when a non-resident acquires real estate in Japan, and the Bank of Japan’s FEFTA Q&A confirms that a resident’s acquisition of real estate abroad needs no post-transaction report.2728 Buying through a foreign company you control can be outward direct investment, covered in the cross-border company formation article.27
What applies is the Article 55 payment report for a single payment from Japan over ¥30M equivalent.2729 The Bank of Japan says it is filed when the money leaves a bank in Japan, even if routed via a local lawyer or your own account abroad (balance of payments item 874).28 The international money transfers article covers that report, the Overseas Remittance Statement and bank source-of-funds checks.
The 2020 Tax Reform: The End of Overseas Wooden Building Depreciation Deductions
Section titled “The 2020 Tax Reform: The End of Overseas Wooden Building Depreciation Deductions”Despite the common label, the 2020 reform did not end depreciation and is not limited to wooden buildings. It added STMA (Sozei Tokubetsu Sochi Ho 租税特別措置法) Article 41-4-3, the special rule on loss offset for real estate income from overseas used buildings (国外中古建物の不動産所得に係る損益通算等の特例), from 2021 income.2 Neither the Article nor its Enforcement Regulation mentions wood or construction type.23
How Japan Taxes Overseas Rental Income While You Are Resident
Section titled “How Japan Taxes Overseas Rental Income While You Are Resident”Overseas rent goes on your final return (Kakutei Shinkoku 確定申告) as real estate income, in full for most residents and, for a non-permanent resident, only if paid in Japan or remitted.14 It also enters the inhabitant tax (Juminzei 住民税) base, because Local Tax Act Article 313(2) follows the income tax computation.30
Convert amounts to yen at the TTM (the mid-rate between a bank’s telegraphic transfer selling and buying rates) on the transaction date; for real estate income, the TTB for income and the TTS for expenses may be used if applied consistently.31
Host-country tax on the rent can be credited. Under Income Tax Act Article 95, foreign income tax is credited up to Japanese income tax multiplied by adjusted foreign-source income over total income, with any excess creditable against the reconstruction surtax under a parallel limit.32
What Article 41-4-3 Disregards: Depreciation-Driven Losses on Overseas Used Buildings
Section titled “What Article 41-4-3 Disregards: Depreciation-Driven Losses on Overseas Used Buildings”The rule applies when you have real estate income from an “overseas used building” (国外中古建物) and an overseas real estate income loss for the year.2 That loss, to the extent described below, “shall be deemed not to have arisen” for computing real estate income (Income Tax Act Article 26(2)), for loss offset (Article 69(1)) and for other income tax provisions.2
An overseas used building is a building abroad that had already been used by an individual, or in a company’s business, before you acquired and rented it, limited to buildings whose useful life was set by a method specified by ministerial ordinance.2 New buildings fall outside the definition. Enforcement Regulation Article 18-24-2 catches two methods:3
- Simplified method (簡便法): 20% of the statutory life for a fully elapsed asset, or the statutory life minus elapsed years plus 20% of the elapsed years, with a 2-year minimum.33 The short life produces large annual depreciation.
- Estimate method (見積法) without supporting documents: caught unless the estimated life is confirmed by (a) a document showing it equals the statutory life under the host country’s law, (b) a certified estimate by a qualified appraiser there, or (c) only where (a) and (b) are difficult, a certified estimate by the seller or broker.3 The document (translated if in a foreign language) must be attached to the final return.3
Depreciation still reduces the same building’s rent, down to zero.34 What the rule removes is the depreciation-driven loss: it cannot offset salary, other income or rental income from Japanese property, and, treated as never having arisen, leaves nothing to carry forward.235
Worked Illustration (Round Numbers, Labelled Illustrative)
Section titled “Worked Illustration (Round Numbers, Labelled Illustrative)”These round numbers illustrate Enforcement Order Article 26-6-3(1) for a single building. If depreciation exceeds the loss, the whole loss is disregarded; otherwise the part equal to depreciation is.34
| Item (illustrative) | Case A | Case B |
|---|---|---|
| Rent | ¥3M | ¥1M |
| Cash expenses | ¥1M | ¥2M |
| Depreciation | ¥4M | ¥4M |
| Rental loss | ¥2M | ¥5M |
| Disregarded amount | ¥2M (whole loss) | ¥4M (equal to depreciation) |
| Loss available against other income | ¥0 | ¥1M (subject to Article 41-4 for land interest) |
Several overseas properties are netted first. Positive income from other overseas real estate absorbs the loss before the disregarded amount is fixed; income is computed building by building, with common expenses allocated on a reasonable basis.343
The NTA attachment is the 付表《国外中古建物の不動産所得に係る損益通算等の特例》 filed with the blue return financial statement or income and expense statement for real estate income (as of October 2026).35 The cumulative disallowed amount for each building must be written in the remarks (摘要) column of the depreciation schedule every year.35
flowchart TD
A["Used building abroad, rented out?"] -->|No| Z["Article 41-4-3 does not apply"]
A -->|Yes| B["Useful life by simplified method, or estimate without the prescribed documents?"]
B -->|No| Z
B -->|Yes| C["Rental loss on it for the year?"]
C -->|No| N["Depreciation reduces that building's rent as normal"]
C -->|Yes| D["Positive income from other overseas real estate absorbs the loss first"]
D --> E["Depreciation part of the remaining loss disregarded"]
E --> F["Record the cumulative amount per building; it is added back on sale"]
Effect on Sale: Disregarded Depreciation Is Added Back to Cost
Section titled “Effect on Sale: Disregarded Depreciation Is Added Back to Cost”The disregarded amount comes back when you sell. Article 41-4-3(3) reduces the building’s accumulated depreciation by the total losses deemed not to have arisen, raising its acquisition cost on sale and lowering the taxable gain.236 Where losses were netted across buildings, Enforcement Order Article 26-6-3(4) allocates the amount in proportion, which is why the per-building records matter.3435
Selling Overseas Real Estate: Capital Gains Tax and Double Taxation Relief
Section titled “Selling Overseas Real Estate: Capital Gains Tax and Double Taxation Relief”Japanese Capital Gains: Separate Assessment, Long-Term vs. Short-Term
Section titled “Japanese Capital Gains: Separate Assessment, Long-Term vs. Short-Term”A resident’s sale of land or buildings abroad is taxed separately from other income under STMA Articles 31 and 32, which contain no domestic limitation.2 The gain is the sale price minus acquisition cost, selling expenses and any special deduction; the rate depends on the holding period on 1 January of the year of sale (as of October 2026).373638
| Holding period on 1 January of the year of sale | Income tax incl. reconstruction surtax | Inhabitant tax |
|---|---|---|
| More than 5 years (long-term) | 15.315% | 5% |
| 5 years or less (short-term) | 30.63% | 9% |
Losses stay inside the land and building category: they cannot offset other income, though long-term and short-term results can be netted.2 The reconstruction surtax (2.1% of income tax) applies from 2013 to 2047.36
The exchange rate is part of your gain. The NTA converts the sale price, acquisition cost and selling expenses each at the TTM on its own transaction date (TTB or TTS where currency is converted immediately), so a property flat in local currency can show a yen gain if the yen has weakened.39
The ¥30M own-home special deduction (STMA Article 35) is uncertain for a home abroad. Unlike Articles 31-3 and 36-2, its text has no “in Japan” limitation, but the property must have been the home you actually lived in.23440 An investment or holiday property will not qualify, and no NTA statement on homes abroad was found, so confirm with a Zeirishi.40
Host-Country Taxes on Sale and the Foreign Tax Credit
Section titled “Host-Country Taxes on Sale and the Foreign Tax Credit”The country where the property is located generally taxes the gain first under its own law, and Japan relieves double taxation through the Article 95 foreign tax credit.32 Only taxes on income qualify, so transfer and stamp duties on the price are not creditable.32
- United States: FIRPTA withholding of 15%; none if the buyer acquires the property as a residence for USD 300,000 or less, and 10% for such residence purchases up to USD 1,000,000 (as of October 2026).184142
- United Kingdom: non-residents must report a disposal within 60 days of completion, even with no tax to pay or a loss.43
- Malaysia: Real Property Gains Tax for non-citizens who are not permanent residents is 30% within 5 years of acquisition and 10% from the 6th year (as of October 2026).44
- Thailand: transfer fees and taxes were not verified on an official page; see the Department of Lands and the Revenue Department.
Selling After You Leave Japan
Section titled “Selling After You Leave Japan”Once you are a non-resident, a sale of property abroad falls outside Japanese income tax, because gains from assets abroad are foreign-source income (a reading of the statute).14 A sale while still resident, including earlier in the year you leave, is taxed in Japan; leaving itself triggers no tax on the property, as the Departure Tax does not cover real estate.1
Estate and Inheritance Exposure on Overseas Property
Section titled “Estate and Inheritance Exposure on Overseas Property”Japanese Inheritance Tax Reaches Overseas Real Estate
Section titled “Japanese Inheritance Tax Reaches Overseas Real Estate”Property abroad can fall within Japanese inheritance tax. Whether it does depends on the heir’s and the deceased’s residence and nationality, explained with the 10-year rule and the nationality tests in the cross-border inheritance and estate planning article. With no route price (Rosenka 路線価) abroad, Basic Valuation Circular 5-2 values it by analogy to the circular’s methods or by sale prices and expert opinion, and, absent tax abuse, accepts the acquisition price adjusted for local price trends.45
Foreign inheritance tax is creditable under Inheritance Tax Act Article 20-2, up to the Japanese tax multiplied by the foreign property’s share of the taxable estate.46
Situs-Country Estate Taxes and Probate
Section titled “Situs-Country Estate Taxes and Probate”- United States: the executor of a nonresident non-citizen must file Form 706-NA if US-situated assets exceed USD 60,000 (as of October 2026).47 The Japan-US estate and gift tax treaty may provide relief; take professional advice.48
- United Kingdom: for deaths after 5 April 2025, a person based abroad (in the UK for less than 10 of the last 20 years) pays Inheritance Tax only on UK assets, including UK property; threshold £325,000, rate 40% (as of October 2026).49
- Probate (general guidance): each country may need its own probate procedure, so discuss wills with lawyers in each relevant jurisdiction.
Step-by-Step Administrative Procedure & Timeline
Section titled “Step-by-Step Administrative Procedure & Timeline”The timeline runs from six months before purchase to a later sale; country steps apply only where relevant.
| When | Action | Source |
|---|---|---|
| T-6 months | Check host eligibility (Thai land rule and quota, Malaysian state consent, Australian ban and approval, UK surcharges); confirm your Japanese tier. | 616794 |
| T-3 months | Australia: obtain approval or sign only a conditional contract. Arrange financing; Flat 35 and the housing loan credit do not fit. | 7226 |
| T-1 month | Title and registry checks. Thailand: plan the bank FX evidence (documents at USD 200,000 or more). Article 55 payment report if one payment exceeds ¥30M. | 1529 |
| Completion | Keep the contract, yen rates for each payment, building age and, if renting, the useful-life documents (a) to (c). | 339 |
| Each year while resident | Final return (normally due mid-March; check the NTA) with overseas rent, the Article 41-4-3 attachment and the foreign tax credit. Statement of Overseas Assets if applicable. Australia: vacancy fee return where required. | 3532507 |
| On sale | Host filings (UK 60-day report, FIRPTA, Malaysian RPGT); Japanese return with the Article 41-4-3(3) add-back. | 4318442 |
The Statement of Overseas Assets (Kokugai Zaisan Chosho 国外財産調書) is due by 30 June of the following year if foreign assets exceed ¥50M on 31 December, for residents other than non-permanent residents (as of October 2026).50 The international money transfers article covers filing.
Japanese Citizens vs. Foreign Residents: Critical Distinctions
Section titled “Japanese Citizens vs. Foreign Residents: Critical Distinctions”| Situation | Japanese citizen | Non-permanent resident | Other foreign residents |
|---|---|---|---|
| Japanese tax on overseas rent and gains | All of it1 | Only if paid in Japan or remitted14 | All of it1 |
| Statement of Overseas Assets | Applies over ¥50M50 | Excluded50 | Applies over ¥50M50 |
| Foreign buyer abroad | In all five sample countries | Except in own country of citizenship | Except in own country of citizenship |
Japanese citizens can never be non-permanent residents, so overseas rent and gains are fully taxable while they live in Japan; non-permanent residents move to the worldwide rule once the 5-in-10-year limit passes.4
Buying in your own country of citizenship changes the host side only. Australian citizens do not need approval, Australian permanent visa holders are exempt, and FIRPTA applies only to foreign sellers (as of October 2026).2018 US citizens remain subject to US estate tax on worldwide assets.47
Common Pitfalls & Regulatory Compliance Risks
Section titled “Common Pitfalls & Regulatory Compliance Risks”- Relying on pre-2021 depreciation pitches. Fix: check whether Article 41-4-3 catches the building first.23
- Paying a deposit before approval or a quota check. Fix: sign only a contract conditional on Australian approval; confirm the Thai quota first.76
- Thai purchase money without bank evidence. Fix: obtain the bank’s FX evidence.15
- Nominee owners to get round a land ban. Fix: treat this as a serious legal risk; take advice from a licensed local lawyer.
- Assuming foreign rent is not taxed in Japan. Fix: report it every year while resident.15
- Ignoring exchange rates. Fix: record the rate for every payment.3931
- Missing host filings or relying on stale figures. Fix: diarise the filings in the timeline above and recheck official sources; Australia’s ban end date, for example, moved from 31 March 2027 to 30 June 2029.722
- No estate plan per jurisdiction. Fix: review Japanese inheritance tax, situs estate tax and probate together.464749
See also
Section titled “See also”Global investment and business
- Golden Visas & Residency by Investment for Japan Residents: residence programmes based on investment, a separate question from owning property.
Cross-border tax and finance
- Keeping Japanese Bank & Brokerage Accounts After Moving Abroad: the yen accounts that may fund or service a purchase once you leave.
Destination guides
- Moving from Japan to Australia: Visas, Tax, Super & Healthcare: visas and settling in, alongside the approval rules above.
- Moving from Japan to the USA: Visas, Taxes & Healthcare Guide: visas, US taxes and healthcare for a move to the US.
- Moving from Japan to the UK: Visas, NHS, Tax & Renting Guide: visa routes and daily life in the UK.
References & Official Sources
Section titled “References & Official Sources”Footnotes
Section titled “Footnotes”-
e-Gov, Income Tax Act (所得税法, Act No. 33 of 1965), Articles 7, 37, 38, 60-2, 95; revision 340AC0000000033_20261001_507AC0000000070, https://laws.e-gov.go.jp/law/340AC0000000033 ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10 ↩11 ↩12 ↩13 ↩14
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e-Gov, Act on Special Measures Concerning Taxation (租税特別措置法, Act No. 26 of 1957), Articles 31, 31-3, 32, 35, 36-2, 41, 41-4, 41-4-3; revision 332AC0000000026_20261016_508AC0000000035 (CurrentEnforced), https://laws.e-gov.go.jp/law/332AC0000000026 ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10 ↩11 ↩12 ↩13 ↩14 ↩15 ↩16 ↩17
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e-Gov, Enforcement Regulation of the Act on Special Measures Concerning Taxation (租税特別措置法施行規則), Article 18-24-2; revision 332M50000040015_20260901_508M60000040021, https://laws.e-gov.go.jp/law/332M50000040015 ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8
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National Tax Agency, Tax Answer No.2010 納税義務者となる個人 [令和8年4月1日現在法令等], https://www.nta.go.jp/taxes/shiraberu/taxanswer/shotoku/2010.htm ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8
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National Tax Agency, Tax Answer No.1370 不動産収入を受け取ったとき(不動産所得) [令和8年4月1日現在法令等], https://www.nta.go.jp/taxes/shiraberu/taxanswer/shotoku/1370.htm ↩ ↩2 ↩3
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Thailand Board of Investment, Quick Guide to Starting a Business in Thailand 2026, “Permission to own land” and “Permission to own a condominium”, https://www.boi.go.th/upload/content/quick_guide_to_starting_a_business_in_thailand_2026.pdf ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10 ↩11
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Foreign Investment Australia, Guidance Note 6: Residential Land, Version 5 (1 July 2026), https://foreigninvestment.gov.au/sites/foreigninvestment.gov.au/files/2026-06/guidance-note-6-residential-land-v5.pdf ; residential land page, https://foreigninvestment.gov.au/guidance/types-investments/residential-land ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10 ↩11 ↩12 ↩13 ↩14 ↩15 ↩16 ↩17 ↩18
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Foreign Investment Australia, Schedule of Fees, Version 8 (1 July 2026, 2026-27 financial year), https://foreigninvestment.gov.au/sites/foreigninvestment.gov.au/files/2026-06/schedule-of-fees-v8.pdf ↩ ↩2 ↩3
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GOV.UK (HMRC), Stamp Duty Land Tax: Residential property rates, https://www.gov.uk/stamp-duty-land-tax/residential-property-rates ↩ ↩2 ↩3 ↩4 ↩5 ↩6
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State Revenue Office Tasmania, Foreign investor duty surcharge: rates of surcharge, https://sro.tas.gov.au/property-transfer-duties/foreign-investor-duty-surcharge/rates-of-surcharge ↩ ↩2 ↩3
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Malaysian Bar (statutory professional body; secondary, quoting the statute), Circular No 444/2024 on National Land Code (Revised 2020) Act 828 Section 433B, https://www.malaysianbar.org.my/cms/upload_files/document/Circular%20No%20444-2024.pdf ↩ ↩2 ↩3
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eCFR, 31 CFR 802.216 Excepted real estate transaction, paragraph (d), https://www.ecfr.gov/current/title-31/subtitle-B/chapter-VIII/part-802/subpart-B/section-802.216 ↩ ↩2
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Internal Revenue Service, FIRPTA withholding (reviewed 21 July 2026), https://www.irs.gov/individuals/international-taxpayers/firpta-withholding ↩ ↩2 ↩3 ↩4 ↩5
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GOV.UK (HMRC), Stamp Duty Land Tax: buying an additional residential property (last updated 1 April 2025), https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property ↩ ↩2
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Foreign Investment Australia, Guidance Note 2: Key Concepts, Version 5 (12 December 2025), https://foreigninvestment.gov.au/sites/foreigninvestment.gov.au/files/2025-12/guidance-note-2-key-concepts-v5.pdf ↩ ↩2 ↩3
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Foreign Investment Australia (Treasury), “Changes to foreign purchases of established dwellings”, 17 February 2025, https://foreigninvestment.gov.au/news-and-reports/news/changes-foreign-purchases-established-dwellings ↩
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Australian Government, Budget 2026-27, Budget Paper No. 2, p. 11, “Foreign Investment: extending the ban on foreign purchases of established dwellings”, https://budget.gov.au/content/bp2/download/bp2_2026-27.pdf ↩ ↩2
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Australian Government, Australia’s Foreign Investment Policy (May 2026), https://foreigninvestment.gov.au/sites/foreigninvestment.gov.au/files/2026-05/australias-foreign-investment-policy-may-2026.pdf ↩
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Foreign Investment Australia, Guidance Note 10: Fees, Version 12 (19 September 2026), https://foreigninvestment.gov.au/sites/foreigninvestment.gov.au/files/2026-09/guidance-note-10-fees-v12.pdf ↩ ↩2
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GOV.UK (Companies House), Register an overseas entity and its beneficial owners, https://www.gov.uk/guidance/register-an-overseas-entity ↩
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Japan Housing Finance Agency, 【フラット35】ご利用条件, https://www.flat35.com/loan/flat35/conditions.html ; 対象となる住宅・技術基準, https://www.flat35.com/loan/tech.html ↩ ↩2
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e-Gov, Foreign Exchange and Foreign Trade Act (外国為替及び外国貿易法), Articles 20, 55, 55-3; revision 324AC0000000228_20260812_508AC0000000064, https://laws.e-gov.go.jp/law/324AC0000000228 ↩ ↩2 ↩3
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Bank of Japan, 外為法Q&A(資本取引編), Q21, https://www.boj.or.jp/about/services/tame/faq/data/sh-qa.pdf ; and 外為法の報告書についてよく寄せられる質問と回答(「支払又は支払の受領に関する報告書」関係, September 2026), question 5, https://www.boj.or.jp/about/services/tame/faq/data/t_faqetc1.pdf ↩ ↩2
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e-Gov, Foreign Exchange Order (外国為替令) Article 18-4, https://laws.e-gov.go.jp/law/355CO0000000260 ; and Ministerial Ordinance on Reporting of Foreign Exchange Transactions (外国為替の取引等の報告に関する省令) Article 1; revision 410M50000040029_20260401_508M60000040032, https://laws.e-gov.go.jp/law/410M50000040029 ↩ ↩2
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e-Gov, Local Tax Act (地方税法), Article 313; revision 325AC0000000226_20261016_508AC0000000002, https://laws.e-gov.go.jp/law/325AC0000000226 ↩
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National Tax Agency, Income Tax Basic Circular 57の3-2 (外貨建取引の円換算), https://www.nta.go.jp/law/tsutatsu/kihon/shotoku/11a/01.htm ↩ ↩2
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National Tax Agency, Tax Answer No.1240 居住者に係る外国税額控除 [令和8年4月1日現在法令等], https://www.nta.go.jp/taxes/shiraberu/taxanswer/shotoku/1240.htm ↩ ↩2 ↩3 ↩4
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e-Gov, Ministerial Ordinance on Useful Life of Depreciable Assets (減価償却資産の耐用年数等に関する省令), Article 3; revision 340M50000040015_20260522_508M60000040029, https://laws.e-gov.go.jp/law/340M50000040015 ↩
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e-Gov, Enforcement Order of the Act on Special Measures Concerning Taxation (租税特別措置法施行令), Articles 20-3, 23, 26-6-3; revision 332CO0000000043_20261016_508CO0000000270, https://laws.e-gov.go.jp/law/332CO0000000043 ↩ ↩2 ↩3 ↩4 ↩5
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National Tax Agency, 青色申告決算書又は収支内訳書(不動産所得用)付表《国外中古建物の不動産所得に係る損益通算等の特例》 記載要領, https://www.nta.go.jp/taxes/tetsuzuki/shinsei/annai/shinkoku/annai/pdf/0021012-103_02-ki.pdf ↩ ↩2 ↩3 ↩4 ↩5
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National Tax Agency, Tax Answer No.3208 長期譲渡所得の税額の計算 [令和8年4月1日現在法令等], https://www.nta.go.jp/taxes/shiraberu/taxanswer/joto/3208.htm ↩ ↩2 ↩3
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National Tax Agency, Tax Answer No.1440 譲渡所得(土地や建物を譲渡したとき) [令和8年4月1日現在法令等], https://www.nta.go.jp/taxes/shiraberu/taxanswer/shotoku/1440.htm ↩
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National Tax Agency, Tax Answer No.3211 短期譲渡所得の税額の計算 [令和8年4月1日現在法令等], https://www.nta.go.jp/taxes/shiraberu/taxanswer/joto/3211.htm ↩
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National Tax Agency, Q&A 外国通貨で支払が行われる不動産を譲渡した場合における譲渡所得の金額の計算の際の円換算, https://www.nta.go.jp/law/shitsugi/joto/03/09.htm ↩ ↩2 ↩3
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National Tax Agency (Tokyo Regional Taxation Bureau), 【令和6年分用】居住用の家屋や敷地(居住用財産)を譲渡した場合の特例チェックシート, https://www.nta.go.jp/about/organization/tokyo/topics/check/r06/pdf/15.pdf ↩ ↩2
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Internal Revenue Service, Exceptions from FIRPTA withholding, https://www.irs.gov/individuals/international-taxpayers/exceptions-from-firpta-withholding ↩
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Internal Revenue Service, Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities, “Residences”, https://www.irs.gov/publications/p515 ↩
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GOV.UK (HMRC), Tell HMRC and pay Capital Gains Tax on UK property or land if you’re not a UK resident (last updated 13 January 2026), https://www.gov.uk/guidance/capital-gains-tax-for-non-residents-uk-residential-property ↩ ↩2
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Inland Revenue Board of Malaysia (LHDN), RPGT rates (Kadar Cukai Keuntungan Harta Tanah), last updated 23 June 2026, https://www.hasil.gov.my/en/ckht/kadar-cukai-keuntungan-harta-tanah/ ↩ ↩2
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National Tax Agency, Basic Valuation Circular (財産評価基本通達) 5-2 国外財産の評価, https://www.nta.go.jp/law/tsutatsu/kihon/sisan/hyoka_new/01/01.htm ↩
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e-Gov, Inheritance Tax Act (相続税法), Article 20-2; revision 325AC0000000073_20260401_506AC0000000008, https://laws.e-gov.go.jp/law/325AC0000000073 ↩ ↩2
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Internal Revenue Service, Some nonresidents with U.S. assets must file estate tax returns (reviewed 27 June 2026), https://www.irs.gov/individuals/international-taxpayers/some-nonresidents-with-us-assets-must-file-estate-tax-returns ↩ ↩2 ↩3
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e-Gov, Act on Submission of Statement of Overseas Remittance (内国税の適正な課税の確保を図るための国外送金等に係る調書の提出等に関する法律), Article 5; revision 409AC0000000110_20260812_508AC0000000064, https://laws.e-gov.go.jp/law/409AC0000000110 ↩ ↩2 ↩3 ↩4 ↩5
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