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ARTICLE · 05 FEBRUARY 2019

Changes In China's Tax Law Affect Foreign Nationals

As of last September, China has begun sharing taxpayer financial information of residents and nonresidents with over 100 countries under the Common Reporting System ("C.R.S.").

ChinaTax

As of last September, China has begun sharing taxpayer financial information of residents and nonresidents with over 100 countries under the Common Reporting System ("C.R.S."). In addition, on August 31, 2018, China revised its Individual Tax Law ("I.T.L.") and introduced anti-tax avoidance provisions. These provisions are designed to enable tax authorities to tax people who transfer assets in order to evade tax or take advantage of tax havens.

The I.T.L. will affect many foreign nationals living in mainland China (including those that commute to Hong Kong). Currently, China taxes a foreign non-domiciled individual on worldwide income if the individual has resided in mainland China for one year. However, starting on January 1, 2019, individuals who do not have a domicile but reside in China for 183 days or more in a tax year will be considered tax residents.

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