Criteria for Individuals to Be Considered Chinese Tax Residents
Criteria for Individuals to Be Considered Chinese Tax Residents
1. Resident individual
An individual is a resident individual if either condition applies:
- They have domicile in China; or
- They do not have domicile in China, but have resided in China for 183 days or more in a tax year.
2. Non-resident individual
An individual is a non-resident individual if either condition applies:
- They have no domicile in China and do not reside in China; or
- They have no domicile in China and have resided in China for less than 183 days in a tax year.
3. Tax year
The tax year is the calendar year, from January 1 to December 31.
4. Domicile
Domicile means habitual residence in China based on factors such as:
- domiciliary registration, (e.g. Chinese ID, Chinese nationality)
- family ties,
- economic interests.
Habitual residence is a legal criterion for defining a taxpayer. It does not mean actual residence or physical presence for a particular period of time.
Example:
If an individual leaves China to stay, work, visit family, or tour elsewhere, but is expected to return to reside in China, China may still be their habitual residence.
Simple decision rule
| Situation | Tax status |
|---|---|
| Has domicile in China | Resident |
| No domicile + resided in China 183 days or more in tax year | Resident |
| No domicile + resided in China less than 183 days in tax year | Non-resident |
| No domicile + does not reside in China | Non-resident |
Tax Impact:
Under the Individual Income Tax Law, having a domicile in China makes you a resident taxpayer, which means you are generally subject to individual income tax on your worldwide income (both domestic and foreign sources), not just income earned inside China.
The Six-Year Rule:
Foreign individuals who do not have a domicile in China may benefit from special rules (such as the six-year rule) that can limit or exempt certain foreign-source income from Chinese taxation under specific conditions. (e.g. foreign sources income from HK)
ref link:
https://www.oecd.org/content/dam/oecd/en/topics/policy-issue-focus/aeoi/china-residency.pdf
Individual Income Tax Law of the People’s Republic of China
http://www.npc.gov.cn/npc/xinwen/2018-09/05/content_2060671.htm
Regulations for the Implementation of the Individual Income Tax Law of the People’s Republic of China
http://www.gov.cn/zhengce/content/2018-12/22/content_5351177.htm
Who should pay individual income tax
Foreigners employed in China must pay personal income tax according to law
https://en.nia.gov.cn/n147428/n147498/n147775/n147930/c159209/content.html