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China tax residency: the 183-day rule and the six-year rule

If you’re not domiciled in China, you’re resident for individual income tax in a year you spend 183 days or more there — counting only full 24-hour days, so the days you arrive and leave don’t count. Six such years in a row, with no single trip abroad over 30 days, bring foreign income paid abroad into Chinese tax as well.

China 183-day calculator

Without a home in China, 183 days or more there in a calendar year make you resident. Only a full 24 hours in China is a day, so the days you arrive and leave don’t count.

China tax residency: a home, or 183 days

Article 1 of the Individual Income Tax Law makes you a resident individual if you’re domiciled in China, or not domiciled but have resided in China for 183 days or more in total in a tax year — the calendar year, 1 January to 31 December. A resident is taxed on income from China and abroad; a non-resident, on income from within China.

At a glance China
The day test 183 days or more, if you’re not domiciled in China
Over the calendar year
A day counts if you’re in China for the full 24 hours of it
Foreign income paid abroad exempt until the six-year rule is met

Only full days count

For someone not domiciled in China, the days of residence are the days you stay in China for the full 24 hours. A day with less than 24 hours there — the day you arrive and the day you leave — doesn’t count (MOF and STA Announcement 2019 No. 34).

The six-year rule

A non-domiciled resident with 183 days or more in a year pays tax on income from both inside and outside China only if, in each of the six years before, they also had 183 days or more there and no single trip abroad longer than 30 days. Otherwise, foreign income paid by people or entities abroad is exempt. The six years are counted from 2019: earlier years don’t count.

Worked example

You were in China from 1 May to 10 August: 100 full days, from 2 May to 9 August. Arriving again on 1 September, leave by 23 November — 182 full days this year. Staying all of 23 November would make 183, and you’d be resident for the year.

Japan looks at your base of living instead: see Japan tax residency. Other countries, side by side: 183-day rule by country.

How FlySee counts it

FlySee has no China tracker. The calculator counts China’s way: only a day spent entirely in China is a day, so it answers with the day to leave by. A tax tracker of your own set to count a day at midnight counts the day you arrive too — one day more per trip than China, never late. The six-year rule isn’t counted.

China tax residency: questions and answers.

Do the days I arrive and leave count?

No. For someone not domiciled in China, a day counts only if you’re in China for the full 24 hours of it; a day with less than 24 hours there doesn’t count.

Is the tax year the calendar year?

Yes: it runs from 1 January to 31 December.

What is the six-year rule?

A non-domiciled resident with 183 days or more in China in a year pays tax on income from both inside and outside China if, in each of the six years before, they had 183 days or more there and no single trip abroad longer than 30 days. Otherwise, foreign income paid by people or entities abroad is exempt.

When did the six years start?

From 2019: years before 2019 don’t count towards the six.

How is a non-resident taxed?

On income from within China.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until.

  • A tax tracker of your own counts towards 183 days in the calendar year — set to midnight, a day early per trip, never late
  • Logs every day you’re in China and abroad, automatically
  • Exports your trips with dates as PDF, Excel or CSV — the record for the six-year rule
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