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The foreign talents working in China can enjoy some favorable taxation conditions. We list some as follows:
1. How to understand the tax-free stipulation for the foreigner living in China for not longer than 90 days and 183 days?
According to the stipulation, an individual foreigner meeting the following requirements can be exempt from the income tax for individuals: a), he/she has no domicile in China; b), he/she has worked in China for consecutive and accumulative 90 days in a tax year or he/she has worked in China for consecutive and accumulative 183 days in the period set by the taxation agreement; c) his/her salary is directly paid by overseas company or institution instead of the China branch.
One person (no matter a Chinese or foreigner) having no domicile in China and has worked in China for consecutive and accumulative 90 days in a tax year or he/she has worked in China for consecutive and accumulative 183 days in the period set by the taxation agreement is free of income tax on his/her earnings from working outside of China. Note: directors and senior executives of a company located in China are excluded.
2. What favorable taxation conditions can foreign economists in China enjoy?
According to the rule, the cost of dwelling, using cars and medical services for foreign economists coming to and serving China is completely afforded by the government departments, institutions or companies inviting them. They only need pay income tax on their salaries and bonuses.
3. Do the ordinary foreign employers enjoy favorable taxation conditions in China?
The document “Notice on the Issues of Foreign Workers’ Paying Individual Income Tax in China” stipulates:
1). Engineers who are designated to support the construction of key projects in China are free of income tax, no matter whether their salaries are paid by Chinese parties or foreign parties.
2). Linguists and educationists coming to and serving China are paid by the Chinese institutions or companies, on which they shall pay individual income tax. If they are provided with free dwelling house, auto and medical services, this party of cost is not included within the range of individual income.
3). The foreigners working in China shall pay income tax on their salaries and bonuses, no matte whether their salaries are paid by Chinese companies, foreign companies or the both parties. Foreigners meeting the requirement of Clause One in this section are free of income tax. In addition, the foreigners having worked in China for not longer than 90 consecutive days only need to pay income tax on their salaries paid by Chinese parties and no tax is imposed on their salaries paid by foreign parties.
4). The allowance and scholarship for foreign students studying in China are not included into the scope of salaries or bonuses and thus they don’t need to pay individual income tax.
4. Is there income tax imposed on various allowances foreign companies give to their foreign employees in China?
The “Notice on the Issues of Individual Income Tax from the Ministry of Finance” requires:
1). Income tax shall be imposed on the allowances for the foreign companies’ employees in China which is included in the scope of salary or bonus. The other allowances, which are categorized as the public funds issued by foreign companies to their employees in China, such as the allowance for travel expense (dwelling, transportation and postal cost) and public expense (official, advertising and business affairs), are free of income tax if the proofs issued by relevant companies are verified by local taxation departments.
2). For the foreign experts and technicians who come to China with the mission of supporting and aiding China’s development freely don’t have to pay tax on the allowances or subsidiaries given by Chinese parties.
5. Do the foreign senior intellectuals, who have Chinese blood and settled down in China after retirement, have to pay the income tax on the pensions they gain from foreign companies?
According to the “Notice on the Issues of Individual Income Tax from the Ministry of Finance”, the answer to this question varies to different situations.
1). Those who earn their pensions from foreign companies due to the past employment are free of income tax.
2). Those who are given jobs and paid by Chinese companies or institutions shall pay income tax on the amount of their pensions deducted by the national standard amount (if positive). However, those retired people who are re-employed by Chinese companies or institutions as consultants are free of tax on their incomes.
6. Are there any special stipulations about the income tax on the ambassadors and consuls of foreign countries in China?
According to the laws and regulations, the ambassadors and consuls of foreign countries in China are usually exempt from the tax on their salaries. But this only goes effective when the Chinese emissaries and consuls have the same tax-exemption right in the foreign countries where these ambassadors and consuls come from. China has already participated in the Vienna Convention on Diplomatic Relations and Consular Relations, according to whose 34th, 37th and 49th clauses, the administrators, technicians, servicemen working for the embassies and consulates, are free of income tax if they are not locals employed by foreigners.
7. Do foreigners have to pay tax on their dwelling subsidies in China?
According to the “Notice of Ministry of Finance on the Foreigner’s Tax on Their Dwelling Subsidies in China”, the foreigners shall:
1). Be exempt from this tax if their dwelling houses are bought or rented by foreign companies or institutions and their residence is completely free.
2). Pay income tax on their dwelling subsidies given by foreign companies and institutions since it is considered as a part of their income.
8. Are there any rules on the income tax on dividends of foreigners?
1). According to the “Notice of Ministry of Finance on Several Issues about Individual Income Tax”, no tax is imposed on the dividends foreigners gain from foreign-funded companies in China.
2). According to the General Administration of Taxation’s rules about bonuses foreigners gain from their stakes of companies listed in China, the foreigners holding B shares (shares of the companies listed in China and are quoted or settled in foreign currencies) and H shares (shares of the companies incorporated in mainland China and are traded in Hong Kong) don’t have to pay income tax on their dividends from the Chinese companies listed in B-share market or H-share market.
1. How to understand the tax-free stipulation for the foreigner living in China for not longer than 90 days and 183 days?
According to the stipulation, an individual foreigner meeting the following requirements can be exempt from the income tax for individuals: a), he/she has no domicile in China; b), he/she has worked in China for consecutive and accumulative 90 days in a tax year or he/she has worked in China for consecutive and accumulative 183 days in the period set by the taxation agreement; c) his/her salary is directly paid by overseas company or institution instead of the China branch.
One person (no matter a Chinese or foreigner) having no domicile in China and has worked in China for consecutive and accumulative 90 days in a tax year or he/she has worked in China for consecutive and accumulative 183 days in the period set by the taxation agreement is free of income tax on his/her earnings from working outside of China. Note: directors and senior executives of a company located in China are excluded.
2. What favorable taxation conditions can foreign economists in China enjoy?
According to the rule, the cost of dwelling, using cars and medical services for foreign economists coming to and serving China is completely afforded by the government departments, institutions or companies inviting them. They only need pay income tax on their salaries and bonuses.
3. Do the ordinary foreign employers enjoy favorable taxation conditions in China?
The document “Notice on the Issues of Foreign Workers’ Paying Individual Income Tax in China” stipulates:
1). Engineers who are designated to support the construction of key projects in China are free of income tax, no matter whether their salaries are paid by Chinese parties or foreign parties.
2). Linguists and educationists coming to and serving China are paid by the Chinese institutions or companies, on which they shall pay individual income tax. If they are provided with free dwelling house, auto and medical services, this party of cost is not included within the range of individual income.
3). The foreigners working in China shall pay income tax on their salaries and bonuses, no matte whether their salaries are paid by Chinese companies, foreign companies or the both parties. Foreigners meeting the requirement of Clause One in this section are free of income tax. In addition, the foreigners having worked in China for not longer than 90 consecutive days only need to pay income tax on their salaries paid by Chinese parties and no tax is imposed on their salaries paid by foreign parties.
4). The allowance and scholarship for foreign students studying in China are not included into the scope of salaries or bonuses and thus they don’t need to pay individual income tax.
4. Is there income tax imposed on various allowances foreign companies give to their foreign employees in China?
The “Notice on the Issues of Individual Income Tax from the Ministry of Finance” requires:
1). Income tax shall be imposed on the allowances for the foreign companies’ employees in China which is included in the scope of salary or bonus. The other allowances, which are categorized as the public funds issued by foreign companies to their employees in China, such as the allowance for travel expense (dwelling, transportation and postal cost) and public expense (official, advertising and business affairs), are free of income tax if the proofs issued by relevant companies are verified by local taxation departments.
2). For the foreign experts and technicians who come to China with the mission of supporting and aiding China’s development freely don’t have to pay tax on the allowances or subsidiaries given by Chinese parties.
5. Do the foreign senior intellectuals, who have Chinese blood and settled down in China after retirement, have to pay the income tax on the pensions they gain from foreign companies?
According to the “Notice on the Issues of Individual Income Tax from the Ministry of Finance”, the answer to this question varies to different situations.
1). Those who earn their pensions from foreign companies due to the past employment are free of income tax.
2). Those who are given jobs and paid by Chinese companies or institutions shall pay income tax on the amount of their pensions deducted by the national standard amount (if positive). However, those retired people who are re-employed by Chinese companies or institutions as consultants are free of tax on their incomes.
6. Are there any special stipulations about the income tax on the ambassadors and consuls of foreign countries in China?
According to the laws and regulations, the ambassadors and consuls of foreign countries in China are usually exempt from the tax on their salaries. But this only goes effective when the Chinese emissaries and consuls have the same tax-exemption right in the foreign countries where these ambassadors and consuls come from. China has already participated in the Vienna Convention on Diplomatic Relations and Consular Relations, according to whose 34th, 37th and 49th clauses, the administrators, technicians, servicemen working for the embassies and consulates, are free of income tax if they are not locals employed by foreigners.
7. Do foreigners have to pay tax on their dwelling subsidies in China?
According to the “Notice of Ministry of Finance on the Foreigner’s Tax on Their Dwelling Subsidies in China”, the foreigners shall:
1). Be exempt from this tax if their dwelling houses are bought or rented by foreign companies or institutions and their residence is completely free.
2). Pay income tax on their dwelling subsidies given by foreign companies and institutions since it is considered as a part of their income.
8. Are there any rules on the income tax on dividends of foreigners?
1). According to the “Notice of Ministry of Finance on Several Issues about Individual Income Tax”, no tax is imposed on the dividends foreigners gain from foreign-funded companies in China.
2). According to the General Administration of Taxation’s rules about bonuses foreigners gain from their stakes of companies listed in China, the foreigners holding B shares (shares of the companies listed in China and are quoted or settled in foreign currencies) and H shares (shares of the companies incorporated in mainland China and are traded in Hong Kong) don’t have to pay income tax on their dividends from the Chinese companies listed in B-share market or H-share market.