At New Horizons Global Partners, it is important for us that our readers stay up to date on the latest changes in Chinese legislation and regulations. In this vein, a huge part of doing business in any country is being able to figure out the tax structures, both for businesses and for individuals.
As China has seen an increase in its overall income and a myriad of changes regarding its legal frameworks, the country’s tax structure has also evolved. In this article, we will consider;
- an overview of individual income tax in China
- how taxable income is calculated
- which sources it is derived from
- how to know if you are subject to it as a foreigner living in China.
Income Tax in China Overview
Much like many other countries, individual income tax in China is derived from several income categories. Even though there have been some changes regarding the structure and consolidation of some of these categories (we discuss this briefly with the new amendments at the end of the article), today an individual is taxed in China according to his/her income in one of the following categories.
The 11 categories of income as enumerated by the IIT law itself are:
- Employment income (that is, income from wages and salaries tied to some form of formal employment contract).
- Income from the operation of sole proprietorship (a legal vehicle for one person to have his/her own company).
- Income from the operation of a business through a contract or a lease.
- Payment for labor services (that is, working as an independent contractor or providing some kind of labor service).
- Remuneration in virtue of being an Author.
- Interest, dividends, and profit distribution (this includes all kinds of investments, securities, and titles – and also considers capital gains).
- Rental income.
- Income from transfer of property.
- Incidental income.
- Other taxable income as determined by the Ministry of Finance of the State Council (that is, on a city ordinance or decree level, the Ministry can determine additional sources of income from which IIT can be derived).
*It’s important to mention that each one of these types of income has its own tax rates, its own specific allowable deductions, as well as subsidies and tax credits that vary due to an individual’s personal situation and a great many other factors.
In China, the tax ends on December 31st. For individuals, the law demands they file a report and pay advances on a monthly basis. The deadline date for submitting an annual report and making or negotiating payments is May 31st.
Failing to meet this deadline can lead to serious fines and sanctions. Employers in China have to submit a monthly report on their employees’ wages and to pay the tax deducted within 7 days of the end of the previous month.
Employment Income: The Most Common Source
Employment income is one of the most common bases for individual income tax in China. Having said this, it is important to understand the specifics in this category and get an idea on the numbers.
The rates applicable for monthly taxable income derived from employment contracts/ relationships are as follows:
|Monthly taxable income (CNY)||Tax rate as a percentage of (%)||Quick Calculation for the deduction (CNY)|
|Grossed income||Net income|
|1 to 1,500||0 to 1,455||3||0|
|1,501 to 4,500||Over 1,455 to 4,155||10||105|
|4,501 to 9,000||Over 4,155 to 7,755||20||555|
|9,001 to 35,000||Over 7,755 to 27,255||25||1,005|
|35,001 to 55,000||Over 27,255 to 41,255||30||2,755|
|55,001 to 80,000||Over 41,255 to 57,505||35||5,505|
Source: Pricewaterhouse Coopers
What Is Included in this Base?
It is important to understand that the taxable income in this category includes everything received by an employee in virtue of his/her labor.
Some employers tend to think that commissions and bonuses are not included in this calculation, but they are, as well as any sum paid directly or indirectly for the work performed for the employer.
Just to give you an idea of what this looks like, for an expat, their base could include their base salary, bonuses, expatriate premiums, cost-of-living allowances, mobility premiums, equity-based compensation, and the employer’s payments to overseas social security systems.
For a Chinese employee, it can include sums given to him/her as commissions, sales bonuses, group and individual bonuses that have nothing to do with sales but are related to specific tasks (ie. best employee of the month bonuses), etc.
The Next Most Common Category: income from Labor Services
When the law says individual income tax is derived from labor services, it means independent service tasks such as design, medical practices, consulting in legal, accounting, management or other services, among others.
In this category, the IIT is calculated from progressive or incremental tax rates that go from 20% to 40%. These “brackets” tend to be broader than those of the employment income rates, due to the fact that services are more specialized and tend to be better paid. The rates are as follows:
|Monthly taxable labour service income (CNY)||Tax rate (%)|
|0 to 20,000||20|
|Over 20,000 to 50,000||30|
Source: Pricewaterhouse Coopers
How to Define if You Are a Resident Taxpayer?
Speaking of expats, sometimes there is great confusion for foreigners living in China as to their fiscal obligations.
According to new amendments made to the IIT law, any individual who has a domicile* in China or who has stayed in China for 183 days or longer in a single tax year is considered as Chinese tax resident and shall pay IIT on any income derived from within and outside China.
The current IIT rules in force (but soon not to be), say that individuals who are not domiciled in China but stay in China for between one and five years, have to pay IIT from income derived from payment from enterprises inside China.
After these five years, the foreign individual has to declare on a “global income basis”. New amendments reduce the criteria to define a “Chinese tax resident” (and therefore subject to global income declaration) to a single fiscal year.
There is still not much clarity if this rule will coexist with the previous five-year rule or not. However, one this is for certain: becoming a tax resident in China is becoming a lot easier than before, and also has serious implications because the Chinese tax authority can talk with the individuals home country tax authority and share information.
We recommend getting an accountant or talking with us in depth if you are going to be working in China for more than a year.
*According to Chinese law, an individual is considered to be domiciled in China if he/she resides habitually in the country “by reason of his/her permanent registered address, family ties, or economic interests”. An individual with a Chinese passport or a hukou (household registration) is generally considered as a person who is domiciled in the country.
Recent Updates: The New Amendment
On August 31, 2018, the Amendment to the Individual Income Tax Law (“Individual Income Tax – IIT”) was approved by the competent authorities in China This legislation will be in force on a national level.
Several of the norms in the new amendment have already been in force since October 1, 2018, and the whole law will go into force as of January 1, 2019. With this new IIT law, the structure will switch over to what is usually called a General Income Structure or Mode, in which the varying incomes of individuals from their salary, labor services, and remuneration and royalty incomes as authors, are taxed in a consolidated fashion.
The tax bracket calculation will change from a monthly base to an annual base. However, individual income tax will still be paid on monthly basis and is still obliged to an annual filing from March 1 to June 30 of the next year.
This article is a publication of New Horizons Global Partners. The purpose of this article is to inform our clients and readers of a changing legal landscape. It is not intended, nor should it be used, as a substitute for specific legal advice or professional legal counsel.