Forums > Living in Kunming > Proposed IIT Reform I’m a retiree living in China. No trips abroad due to covid. Wondering when the dreaded six-year rule kicks in. See below for what I found.
Note that this is for a person without any China-sourced income, past or future. Different rules apply to expats who make money here. See sources at end of this message.
1. Foreigners who are residents of mainland China for six consecutive years will be subject to taxation on their worldwide income starting in the seventh year
2. If there is a single departure outside of mainland China of 31 or more consecutive days at any point during the six years, the clock to count tax residency will be reset
3. A foreigner is deemed to have spent a year in China if he or she stays in the country for at least 183 days within a given calendar year
4. Those who stay in China for less than 24 hours within a single day will not be counted as having a day of residence
5. The number of years spent in China before 2019 will not be included in the calculation
Given the above, the crucial date is December 31, 2024. That’s the end of the grace period after the Six-Year Rule came into force on January 1, 2019.
Conclusion: Make a 31-day trip outside China before that crucial date, otherwise get ready to pay tax on worldwide income.
Unanswered questions …
Can a trip to Hong Kong, Macao, or Taiwan reset the tax residency clock? Are they “outside” mainland China for the purposes of the rule? (Point 2. above) For one site I looked at, they opined 31 days in Hong Kong would indeed reset the clock.
What sort of “registration” is desirable/required for an expat with no China-sourced income? Fly under the radar? What are the pros and cons?
Sources:
www.china-briefing.com/[...]
www.china-briefing.com/[...]