What is China’s Six-Year Rule for Foreigners?

In this blog post, we will delve into the details of the six-year rule, its implications, and strategies to navigate it.

China’s “six-year rule” is a crucial regulation for foreigners living and working in the country.

This rule, part of China’s Individual Income Tax (IIT) system, determines how foreign residents are taxed on their global income.

Understanding this rule is essential for expatriates to manage their tax obligations effectively.

Understanding the Six-Year Rule

The six-year rule was introduced as part of the revised IIT system in 2019 and came into effect in 2024.

According to this rule, foreigners who reside in China for 183 days or more each calendar year are considered tax residents.

If a foreign individual remains a tax resident for more than six consecutive years, they become liable for tax on their global income, including income from foreign sources.

Key Points of the Six-Year Rule

1. Tax Residency: Foreigners who stay in China for at least 183 days in a calendar year are deemed tax residents. This status subjects them to Chinese tax laws on their worldwide income after six years.
2. Calculation of Days: The six-year period starts from January 1, 2019. Any residency prior to this date does not count. A year of residence is defined as staying in China for at least 183 days within a calendar year. Days spent in China for less than 24 hours in a single day are not counted.
3. Resetting the Six-Year Period: If a foreigner stays in China for fewer than 183 days in any year within the previous six years, or if they leave China for more than 30 consecutive days, they can reset the six-year period.

Implications for Foreigners

The six-year rule has significant implications for foreigners working in China:

• Global Income Taxation: After six years of continuous tax residency, foreigners are taxed on their global income. This includes income from foreign sources, which can lead to higher tax liabilities.
• Tax Rates: China’s tax rates are relatively high for high-income earners. For instance, the tax rate is 35% for annual taxable income between RMB 660,000 and RMB 960,000, and 45% for income exceeding RMB 960,000.
• Tax Planning: Foreigners need to carefully plan their stay in China to manage their tax obligations. Strategies such as ensuring a break in residency or limiting the number of days spent in China can help reset the six-year period.

Strategies to Navigate the Six-Year Rule

1. Monitor Residency Days: Keep track of the number of days spent in China each year. Ensure that you do not exceed 183 days if you wish to avoid becoming a tax resident.
2. Plan Extended Absences: Consider taking an extended leave of more than 30 consecutive days outside China to reset the six-year period.
3. Consult Tax Professionals: Engage with tax advisors who are familiar with Chinese tax laws to develop strategies that minimize your tax liabilities.
4. Stay Informed: Regularly update yourself on changes in tax regulations and policies that may affect your tax residency status.

Conclusion

China’s six-year rule is a critical aspect of the country’s tax system for foreigners. By understanding the rule and implementing effective tax planning strategies, expatriates can manage their tax obligations and avoid unexpected liabilities.

Staying informed and consulting with tax professionals can help navigate the complexities of the six-year rule and ensure compliance with Chinese tax laws.

By following these guidelines, foreigners can make informed decisions about their residency and tax status in China, ultimately leading to better financial management and peace of mind.