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Q&A on the Personal Income Tax Administration of Offshore Trusts in China(1)
Q&A on the Personal Income Tax Administration of Offshore Trusts in China(1)
| Q: |
I am an individual resident. When should I declare and pay personal income tax for the capital gains from the transfer of property during the process of property transfer? |
| A: |
Resident individuals shall file and pay individual income tax with the competent tax authority on the income from the deemed transfer of property at the time the property is contributed to an offshore trust during the period from March 1 to June 30 of the year following the year when the property is contributed to the offshore trust. |
| Q: |
I am a non-resident individual. Regarding the personal income tax to be paid on the property transfer income derived from properties located within China, when should it be declared and paid? |
| A: |
Non-resident individuals shall file and pay individual income tax with the competent tax authority within 15 days of the next month after the property is contributed to the offshore trust, in respect of income from the transfer of property sourced within China generated at the time of such contribution. |
| Q: |
I am an individual resident and have placed my property in an offshore trust. According to which item should I report and pay personal income tax to the competent tax authority? |
| A: |
Resident individuals who have contributed property to an offshore trust shall file and pay individual income tax with the competent tax authority between March 1 and June 30 each year on the income generated by the offshore trust in the preceding tax year, classified under the items of "income from property transfers" and "interest, dividend and bonus income" respectively. |
| Q: |
I am a resident individual. When a resident individual who places their assets in an offshore trust files their personal income tax return, what information should they fill in? |
| A: |
When residents who have placed their assets in offshore trusts file their personal income tax returns, they should fill out the "Individual Income Tax Self-Declaration Form for the Year" (Form B), and attach the "Individual Income Tax Taxation Detail Form for Offshore Trusts", "Individual Income Tax Annual Report Form for Offshore Trusts", as well as the financial statements, operating income and income distribution of the offshore trust, etc. |
| Q: |
I am a non-resident individual. When a non-resident individual who has placed their assets in an offshore trust files their personal income tax return, what documents should they submit? |
| A: |
When non-resident individuals who have placed their assets in offshore trusts declare and pay personal income tax, they should fill out the "Individual Income Tax Self-Declaration Form" (Form A), and attach the "Individual Income Tax Tax Payment Detail Form for Offshore Trusts" and the "Individual Income Tax Annual Report Form for Offshore Trusts", etc. |