The Six-Year Rule for non-domiciled individuals

The Six-Year Rule is a special buffer rule for non-domiciled individuals who are tax residents in China by virtue of the 183-day test. It determines when their worldwide income becomes fully taxable in China. In short: a non-domiciled individual who is a resident for less than six consecutive years (or who breaks the chain) can still enjoy an exemption on foreign-sourced income paid by overseas entities or individuals; once the six-year chain is complete, worldwide income becomes fully taxable from the seventh year.


1. Core condition for the Six-Year Rule

For a non-domiciled individual who resides in China for 183 days or more in a tax year, the six-year rule applies as follows:

Condition in the preceding six consecutive yearsTax treatment in the current tax year
In each of the six years, the individual resided 183 days or more in China, and in no year did a single departure exceed 30 daysIncome from both within and outside China is subject to Chinese individual income tax (full worldwide taxation)
In any of the six years, residence was less than 183 days, or a single departure exceeded 30 daysForeign-sourced income paid by overseas entities or individuals is exempt from Chinese IIT

This is stated in the official Announcement on March of 2019 issued by the Ministry of Finance and the State Taxation Administration.


2. How “preceding six years” is counted

  • The “preceding six years” means the six consecutive tax years immediately before the current tax year (i.e., year −1 to year −6).
  • Crucially, the starting year for counting is 2019. Years before 2019 are disregarded (“cleared to zero”). Therefore, 2024 was the first year in which the six-year chain could potentially be completed (2019.1.–2024.12.31).

This transitional rule meant that all non-domiciled individuals enjoyed the foreign-income exemption through 2024, regardless of how long they had actually lived in China before 2019.


3. The “30-day reset” rule

If in any tax year during the six-year period the individual has a single departure from China exceeding 30 days, the continuous six-year count is broken and reset to zero. The counting starts anew from the following year.

This is a key planning point: a carefully timed single trip of more than 30 days can reset the clock and preserve the foreign-income exemption.


4. How residence days are counted

For the 183-day test (and for the six-year chain), days are counted as follows:

  • A day on which the individual stays in China for 24 hours or more counts as one residence day.
  • A day on which the individual stays less than 24 hours does not count as a residence day.

Example: A Hong Kong resident who commutes to Shenzhen every Monday morning and returns Friday evening—where Monday and Friday stays are each less than 24 hours—will have only 3 countable days per week (Tuesday, Wednesday, Thursday). Over 52 weeks, that is 156 days, below the 183-day threshold, so they would not be a resident individual at all.


5. The exemption and its procedural requirement

If the six-year chain is not completed, the foreign-sourced income exemption applies only if the individual files a record with the competent tax authority (备案). The exemption covers income sourced outside China and paid by overseas entities or individuals.


6. Practical illustration

Consider a non-domiciled individual who has been in China since 2019:

YearDays in ChinaSingle departure >30 days?Six-year chain status
2019210NoYear 1
2020195NoYear 2
2021185NoYear 3
2022207NoYear 4
2023184NoYear 5
2024195NoYear 6 (chain complete)
2025200NoWorldwide income fully taxable

If, instead, in 2023 the individual had taken a 35-day trip abroad, the chain would have reset. The six-year count would restart from 2024, and the foreign-income exemption would continue to apply in 2025.


Summary table

ConceptRule
Who it applies toNon-domiciled individuals who are resident by the 183-day test
Effect of completing six yearsWorldwide income becomes fully taxable from year 7
Effect of not completing six yearsForeign-sourced income paid overseas is exempt (with filing)
Counting start date2019 (pre-2019 years disregarded)
Reset triggerAny single departure exceeding 30 days in a tax year
Day countingOnly days with 24+ hours of stay count

The Six-Year Rule is essentially a transitional safe harbour designed to give non-domiciled residents time to adjust before full worldwide taxation applies. It is separate from—and additional to—the domicile and 183-day tests that determine resident status in the first place.

ref link:

criteria for individuals to be considered chinese tax residents

关于在中国境内无住所的个人居住时间判定标准的公告

https://www.gov.cn/zhengce/zhengceku/2019-10/16/content_5440701.htm

Who should pay individual income tax

https://english.shanghai.gov.cn/en-PersonalIncomeTaxPolicies/20231215/a47eca3fa1384bffb8c991809d2a4c4e.html#1

Criteria for Determining the Period of Residence of Individuals Without a Domicile in China

https://fgk.chinatax.gov.cn/eng/c102962/c102967/c102997/c103004/c5248304/content.html#1