大灣區的183天稅務啟示

前幾日新聞講大陸限定左如果一個香港居民在內地一年超過183 日, 就要交大陸稅

呢個RULE 係根據香港同內地的稅務亙認(DOUBLE TAXATION ARRANGEMENT, DTA)

http://www.china-tax.net/china-tax/special-tax-treatments-applications/individual-income-tax-2.html

https://www.ird.gov.hk/eng/faq/dta_2006.htm

https://www.bakermckenzie.com/en/insight/publications/2018/04/china-issues-new-rules

How is “Time in China” calculated?

• Scenario One: Foreign individuals residing in China for less than 90 days in a tax year (the “90-day Rule”)

A non-resident individual who has worked in China continuously or cumulatively for less than 90 days in a tax year only has to pay IIT on income for work done in China and for which the salary is paid by Chinese domestic institutions, entities or individuals. IIT on income derived from working outside of China or paid by a foreign employer outside of China will be exempt. If there is a double taxation agreement (DTA) in place between a foreign country and China, the 90-day limit may be extended to 183 days, depending on the relevant DTA.

• Scenario Two: Foreign Individuals Residing in China for More than 90 Days but Less than One Year (the “One-year Rule”)

An individual who has resided in China for more than 90 days but less than one year during the tax year is subject to IIT on all China-sourced income, including income paid by both Chinese and overseas entities for his/her work in China. Income earned while working overseas (i.e., foreign-sourced income) in the tax year is not Chinese IIT taxable.
 RELATED: Individual Income Tax for Expats in China

• Scenario Three: Foreign individuals residing in China for more than one year but less than five years

An individual’s period of residency in China is calculated based on the calendar year, excepting temporary absences from the country of up to 30 days continuously or 90 days cumulatively – which are not counted toward the individual’s stay in China.
A foreign individual who is deemed to have resided in China for more than one year but less than five years must pay IIT for income received from both Chinese and foreign employers for work conducted in China (China-sourced income), and also for income paid by Chinese employers during any temporary absences from the country. Income obtained from foreign employers for work done during a temporary absence is not taxable.

• Scenario Four: Foreign individuals residing in China for more than five years consecutively

A foreign individual who has resided in China for more than five years continuously may face new IIT liabilities identical to those of a resident individual of China, depending on the duration of his/her residency in China starting from the sixth year.
If a foreign individual resides in China for one year in the sixth or any following single year, he/she would be considered a resident individual under the IIT Law and therefore liable for IIT on income received globally for that specific tax year; if the individual resides in China for less than one year in the sixth or any following single year, he/she is subject to IIT on only China-sourced income, and the One-year Rule applies.
The five-year threshold will be reset if the individual resides in China for less than 90 days in any single tax year starting from the sixth year, in which case the “90-day Rule” will apply for that tax year. Understanding the “Five-year Rule” is especially important for foreign companies with expats working in China for the long-term as their IIT burden may be significantly reduced if their stay in China is managed properly.

其實好多人都唔係太清楚DTA的安排，除左183 D RULE 之外 (即係一年唔可以留超過183日), 最麻煩係SCENARIO 4, 即係如果持續留在中國超過5年的話, 都係會DEEMED TAXABLE TO IIT

而中國係行緊GLOBAL TAXATION. 即係全球的收入, 包括物業稅同埋其他收入都係會要課稅, 而稅率係40%左右 (睇收入同埋所在地區)

呢個稅不比其他發達國家如加拿大, 英美澳歐等等少

是以2047年前,香港的低稅率及簡單稅制依舊係對國際投資者, 同埋國內投資者係有莫大的吸引力

好可惜, 一國兩制係2047 年係會結束, 而稅制的回歸亦係可以預期

即係收租的租金要上繳40% 俾稅局, 同埋所有香港人的收入係打個6折

如是者, 資產及租金收入, 在新稅制融合下將變得不合理地低, 本身3%的回報可能變左做2%, 或1.5% 左右

至於資產價格方向, 小子就唔太會預測, 因為係30年後的事, 而在銀紙貶值下, 新稅制如果落實, 與其結合的EFFECT下會係點樣令到樓價升跌實在係TOO EARLY TO DEDUCE

但可以肯定一點係,到時外國資產如澳洲樓, 因為都係差唔多稅負, 而在COMMON LAW SYSTEM的保護下, 應該吸引力會比現在有所增加