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Individual income tax (IIT) deductions for foreigners working in China

Individual income tax (IIT) deductions for foreigners working in China.

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To create a favourable working environment for foreigners, the Chinese government has rules on tax-free allowances applicable to foreigners working in Mainland China. All foreigners and their employers should be aware of these rules to ensure that they do not pay more individual income tax (IIT) than they have to.

Tax-free items in China for foreigners

According to the currently effective regulations, the overview below shows the tax-free items, which allow foreign employees to minimise payable IIT:

Tax-free itemDescription
Rent
  • If in the form of non-cash (i.e. the rental contract is with the company, and the company remits rent directly to the landlord, or the rental contract is with the expatriate who applies for reimbursement of rent paid)
  • Rent amount must be reasonable and supported by valid fapiao issued to the company.
Relocation
  • If in the form of reimbursement to the expatriate
  • Expenses (e.g. flight, luggage, moving company etc.) must be real, reasonable and supported by valid fapiaos or receipts (if incurred outside Mainland China)
  • Fixed monthly relocation allowances are taxable
Home trip
  • If in the form of reimbursement to expatriate
  • Expenses (e.g. flight, train, taxi) must be real, reasonable and supported by valid fapiaos or receipts (if incurred outside Mainland China)
  • Up to two round-trips per year
  • Travel must be between the city in Mainland China where the expatriate works and the city where the expatriate/spouse/parents are from or currently live
  • Any allowance paid for the expatriate’s family will be taxable
School fees
  • Expenses must be reasonable and supported by valid fapiaos and documents on school information
  • The school must be registered and located in Mainland China
  • Other fees (e.g. meals, school bus, uniforms) are usually deemed taxable
Business trips
Meals, groceries and laundry
  • Expenses must be real, reasonable and supported by valid fapiaos
  • Expenses must have incurred in Mainland China
  • Any fixed monthly allowance for expenses is taxable
Chinese lessons
  • Expenses must be reasonable and supported by valid fapiaos
  • Language school must be located in Mainland China
  • Language courses provided to the expatriate’s family members are taxable

Q&As

We have prepared a Q&A to deal with some questions that we frequently receive from our clients:

Should IIT exemptions be approved in advance?

Although it is not necessary to obtain the tax bureau’s approval in advance, a detailed breakdown of tax-free items must always be provided during the monthly IIT filing. The tax bureau can at any time decide to audit supporting documents, and some tax bureaus still require the submission of related materials at filing.

A lot of expenses must be reasonable. What does this mean?

The tax bureau has full discretion to determine whether or not an expense is reasonable. In some case there may be internal policies (e.g. in some Shanghai districts, the rental fee may not be more than 30% of the total salary) but in most situations, there are not.

Note, however, that first and foremost the tax officers will pay attention to whether or not the expenses are real.

Do these rules apply to residents of Taiwan, Hong Kong and Macao?

Yes. Although Taiwan, Hong Kong and Macau are part of China, their residents enjoy the same benefits as foreigners.

Do these deductions apply to foreign individuals that work in Guangdong Province but live in Hong Kong or Macau?

Yes they do, even if these individuals travel back and forth on a daily basis or if the expense was incurred in Hong Kong or Macau. Foreign individuals working in Guangdong Province may be able to apply for a even better preferential tax treatment (such as 15% IIT cap), based on criteria given by the city they work in.

Will the rules change?

This preferential treatment has already been extended from 2021 to 2023 and then from 2023 to 2027, so current deductions are in place until the end of 2027. If the arrangement is not extended, then expatriates in Mainland China will only be eligible to the same deductions as Chinese nationals, which are generally much less favourable.

I work for a small company that may not have the expertise to ensure that all deductions are applied in the correct way. What can I do?

Chinese tax laws are complex, and the penalties on tax evasion and non-compliance can be very severe. Therefore, we recommend that smaller international companies outsource the IIT tax filing work to an external agent or corporate service provider that is fully familiar with the requirements for deductions and staying up-to-date with all policy changes.


Contact our teams for expert support and further information about accounting & tax requirements in China to ensure you are compliant in the market.

Christophe Marquis, Director, Shanghai, c.marquis@acclime.com
Mei Qian, Accounting Services Director, q.mei@acclime.com
Emily Shi, Partner, y.shi@acclime.com


About Acclime.

Acclime China helps established multinational companies and startups start and operate their business in China. By seamlessly navigating our clients through the complexities of the Chinese laws and bureaucracy, we allow them to reclaim valuable time and fully focus on growing and developing their business.

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