China Daily (Hong Kong)

Mainland tax overhaul ‘won’t dent talent inflow’

Planned revamp in personal tax laws a burden for high-income group, but no brain drain seen

- By PAMELA LIN in Hong Kong pamelalin@chinadaily­hk.com

What’s being expected are possible changes to the Detailed Implementa­tion Rules which, basically, offer more guidance for various categories of taxpayers.”

Allen Tong,

While high-income earners living and working on the Chinese mainland, including expatriate­s and Hong Kong residents, may fret about one of the most sweeping overhauls planned for the country’s personal tax laws, taxation pundits are convinced it would not precipitat­e an overseas brain drain.

A bulwark against any potential exodus of talents will be the vast spectrum of opportunit­ies up for grabs as China continues along the path of rapid economic modernizat­ion and expansion, particular­ly in the highly acclaimed innovation and technologi­cal fields.

Under a proposed amendment espousing a slew of changes to the country’s Individual Income Tax Law, expected to come into force in January next year, the internatio­nal taxation practice giving an explicit definition of resident and non-resident individual­s would come into play. The length of time used to distinguis­h between the two groups, without domicile in China, would be reduced from 365 days to 183 days.

The change implies that expatriate­s who’ve been working on the mainland for more than 183 days in a year would have to pay tax on earnings sourced from both within China and overseas.

“It would put an extra burden on enterprise­s and organizati­ons, and potentiall­y raise their tax obligation­s if they send staff to work in China,” explained Tony Jasper — a tax partner at Deloitte China.

However, he believes a dramatic change in the perspectiv­e of attracting overseas talents is unlikely as China remains a magnet for expatriate­s with significan­t job opportunit­ies.

What makes expatriate­s rather apprehensi­ve is whether the five-year concession granted under the existing Detailed Implementa­tion Rules (DIRs) will be revised. Janssen Chan, divisional councilor at CPA Australia, Greater China, reckons that the five-year concession would be trimmed following the adoption of the new IIT Law.

“It would be a nightmare if the five-year rule is abolished,” said Danny Po, co-chairman of the Tax Subcommitt­ee at ACCA Hong Kong. “But, if there’s a new IIT Law, then there would be a new set of DIRs.”

Under the existing regulation­s, foreign individual­s who have lived and worked on the mainland for five years or more, instead of 365 days, are subject to worldwide income tax from the sixth year onward.

“What’s being expected are possible changes to the DIRs which, basically, offer more guidance for various categories of taxpayers,” said Allen Tong, tax director at Deloitte China.

Jasper advised his clients to “think what the proposed reform would mean to them, and what process they need to change from a multi-field perspectiv­e”.

Hong Kong profession­als working on the mainland are neither exempt from the new IIT Law in terms of the 183-day residence rule. With the highly touted Guangdong-Hong Kong-Macao Greater Bay Area — an integrated economic and business hub linking the two special administra­tive regions and nine cities in the Pearl River Delta — poised to draw talents from Hong Kong and Macao, the taxation issue has been uppermost in their minds.

“If there’s no tax exemption for Hong Kong residents working in the Bay Area, it would be difficult for people moving around,” Chan said.

According to Po, discussion­s on tax deductions for Hong Kong residents working on the mainland are in progress.

Ken Chu — a National Committee member of the Chinese People’s Political Consultati­ve Conference and chairman of Mission Hills Group — had proposed tax reform by introducin­g special deductions for Hong Kong and Macao residents working in the Bay Area during the two sessions held earlier this year.

At present, Hong Kong residents who have lived or worked on the mainland for more than 183 days within any 12-month period are subject to IIT.

The IIT is the third major contributo­r to China’s total tax revenues after value-added tax and enterprise income tax. According to the Ministry of Finance, revenue from IIT reached 812.7 billion yuan ($119 billion) in the first half of 2018 — a 20.3-percent increase over the previous year.

The draft amendment to the IIT Law was submitted for its first reading at a bimonthly session of the National People’s Congress Standing Committee. A public consultati­on exercise ended late last month.

The IIT public consultati­on process drew more than 130,000 comments from some 60,000 participan­ts, attracting the most attention compared with three other amendments that were open to public consultati­on during the same period.

Although the country’s tax rate on individual­s’ income, levied progressiv­ely from 3 percent to 45 percent, remains unchanged, Chan noted the tax overhaul revised the tax brackets from 3 percent to 25 percent so most of the taxpayers would benefit from a reduction of the overall payable tax.

“What I’ve suggested to my clients is that they should review all their existing compensati­on packages for expatriate­s. It’s also a good opportunit­y to check on those who may have aggressive tax planning or are claiming allowances unreasonab­ly or without a commercial substance to prevent non-compliance risks under the proposed general anti-avoidance provision,” Chan said.

Tong is also positive about the upcoming tax reform. “For some individual taxpayers in China, the challenge they’re facing is even though there’s one set of individual income tax rules that apply across the country, the administra­tion is down to the local authority level, so people keep hearing things like local practice is like this, is like that. Sometimes, it causes confusion and creates inconsiste­ncy,” Tong said. “So, now we’re also providing more simplicity to people.”

The proposed IIT Law amendment also calls for the individual income tax threshold to be lifted to 5,000 yuan from 3,500 yuan, effective from Oct 1 this year.

Since 1980, when China’s top legislatur­e set the IIT threshold at 800 yuan per month, there’ve been three major amendments. The last overhaul was in 2011 when the monthly personal allowance threshold was raised to 3,500 yuan from 2,000 yuan.

Besides, the Comprehens­ive Income category will be applied, which may benefit individual­s with a single source of income. The anti-avoidance provision is introduced in the IIT Law to ensure fairness.

The amendment also introduces more tax cuts for residents for expenses on their children’s education, self-education, medical expenses for serious illnesses, housing loan interest and rental housing.

 ?? SHEN QILAI / BLOOMBERG ?? Commuters walk toward the boundary-crossing facility at Shatoujiao Port of Entry in Shenzhen. Amid heated debates about the proposed amendment to the country’s Individual Income Tax Law, experts are calling for tax exemption for Hong Kong residents working in the Bay Area to facilitate talent exchanges. tax director at Deloitte China
SHEN QILAI / BLOOMBERG Commuters walk toward the boundary-crossing facility at Shatoujiao Port of Entry in Shenzhen. Amid heated debates about the proposed amendment to the country’s Individual Income Tax Law, experts are calling for tax exemption for Hong Kong residents working in the Bay Area to facilitate talent exchanges. tax director at Deloitte China

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