Taxation on Financial Transactions(6)(2024)
This is the sixth publication of the "Financial Transactions and Taxation" Research Group, which explores the intricate relationship between taxation and "culture" in its broadest interpretation. This volume also serves as a tribute to Mr. Eisuke Hamamoto, former Commissioner of the National Tax Agency, to whom many of our study group members are indebted. Mr. Hamamoto graciously contributed an essay on the establishment of the tea ceremony, shedding light on the limitations of language in our practical endeavors. Through the tea ceremony's historical narrative, he illuminates the profound truths that transcend mere verbalization, underscoring the essence of human civilization.
Culture, by its very nature, is multifaceted, urging us to expand our intellectual boundaries at the crossroads of various concepts and phenomena. Therefore, while this report loosely revolves around the theme of "culture," it refrains from imposing a rigid definition, allowing each author the freedom to interpret it at their discretion. Nonetheless, certain cohesive themes emerge within this exploration.
Firstly, we delve into how tax law interacts with—or ought to interact with—cultural artifacts and phenomena. Masui's paper delves into the mechanics of the fine arts market, offering a comprehensible explanation for legal professionals. Kohyama's contribution explores the temporal aspect of consumption taxation, particularly in relation to durable consumer goods such as artworks. Meanwhile, the Asatsuma paper contemplates "culture" as something transcending market logic and examines how the framework of welfare economics conceptualizes the destruction of culture.
Secondly, we scrutinize the legal frameworks supporting cultural endeavors. Fujitani's paper examines charity laws, typical vehicle for private museums and art galleries, and ponders whether donors' philosophies should endure over time. Nakazato's contribution explores the concept of "mortmain (dead-hand)" from a historical perspective, further enriching our understanding of this issue.
Thirdly, we inevitably confront the notion of community that shares a context and a “language", when we consider “culture.” Tax law scholarship revolves around the phenomenon of "taxation," a concept universally understood within our study group and beyond. Fuchi revisits this foundational concept from a comparative law standpoint, while Nagato analyzes the economic and societal conditions shaping the discourse surrounding taxation. From an institutional viewpoint, "culture" can be defined as a shared belief system that facilitates strategic collaboration among members of society in a game-theoretic context. These two papers illuminate the "culture" of taxation law in this precise sense.