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Q&A ‌ on the Personal Income Tax Administration of Offshore Trusts in China(2)

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Q: When a resident individual or a non-resident individual who has placed their assets in an offshore trust files their first tax return, what documents should they attach?
A:
  1. Offshore trust agreement or relevant documents with the same effect;
  2. List of assets included in the offshore trust;
  3. Information about the organizational structure of the offshore trust;
  4. Other relevant information about the offshore trust.

Q: I am a resident individual. When the offshore trust that holds my assets terminates, at what point should I declare and pay personal income tax?
A: When an individual's offshore trust for personal assets terminates, the individual shall, within 15 days from the following month after the completion of the liquidation, file a personal income tax return with the competent tax authority, submit the "Individual Income Tax Return Form for Offshore Trust Liquidation" and the "Individual Income Tax Report Form for Offshore Trust Liquidation", and attach the relevant materials such as the operating income, liquidation income and income distribution of the offshore trust during the period from January 1 of the year of termination to the termination date.

Q: I am a non-resident individual. When the offshore trust that holds my assets terminates, at what time should I declare and pay personal income tax?
A: When an offshore trust established by a non-resident individual is terminated, the resident individual who acquires the trust property shall, within 15 days from the date of completion of the liquidation, file a personal income tax return with the competent tax authority, submit the "Personal Income Tax Return for Offshore Trust Liquidation", and attach relevant supporting documents related to the distribution income obtained.

Q: When a resident individual transfers the assets placed in an offshore trust to a non-resident individual, at what time should the individual income tax be declared and paid?
A: When a resident individual transfers the property placed in an offshore trust to a non-resident individual, the resident individual shall file a personal income tax return with the competent tax authority within 15 days from the following month of the date of the transfer, submitting the "Personal Income Tax Return Form for Offshore Trust Liquidation" and the "Report Form for Personal Income Tax of Offshore Trust Liquidation", and attaching relevant materials such as the operating income and distribution of the offshore trust during the period from January 1 of the current year to the date of the transfer to the non-resident individual.

Q: If a resident individual and a non-resident individual place their assets into the same offshore trust, how should they declare and pay personal income tax?
A: When a resident individual and a non-resident individual place their assets into the same offshore trust, it is regarded as being placed into the offshore trust solely by the resident individual. The resident individual is required to declare and pay personal income tax in accordance with the regulations.

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