Translated by Claude, edited by Sinocism.com

Source: Ministry of Finance 财政部 / State Taxation Administration 税务总局 | July 24, 2026

In order to strengthen the collection and administration of individual income tax on offshore trusts, and pursuant to the relevant provisions of the Individual Income Tax Law of the People's Republic of China and its implementing regulations, matters concerning individual income tax on offshore trusts are hereby announced as follows:

为加强离岸信托个人所得税征收管理，根据《中华人民共和国个人所得税法》及其实施条例有关规定，现就离岸信托个人所得税有关事项公告如下：

Article 1. Where an individual places property into an offshore trust or derives income through an offshore trust, this constitutes the receipt of income as provided in Article 2 of the Individual Income Tax Law of the People's Republic of China, and individual income tax shall be declared and paid in accordance with this Announcement.

一、个人将财产装入离岸信托以及通过离岸信托取得收益，属于取得《中华人民共和国个人所得税法》第二条规定的所得，应当按照本公告规定申报缴纳个人所得税。

For purposes of this Announcement, "offshore trust" means a trust established under foreign law, or another legal arrangement that performs the function of a trust. "Another legal arrangement that performs the function of a trust" means a foreign legal arrangement not established in the name of a trust but which in substance performs a function similar to a trust; excluded, however, are financial products issued by banks, insurance companies, securities companies, fund companies and the like that are supervised by the financial regulators of the country or region in which they are located and that conduct business independently and bear risk vis-à-vis an indeterminate range of customers.

本公告所称离岸信托是指依照境外法律设立的信托或具有信托功能的其他法律安排。具有信托功能的其他法律安排是指不以信托名义设立，实质上具有类似信托功能的境外法律安排，但受所在国家和地区金融监管机构监管，面向不特定客户独立开展业务并承担风险的银行、保险公司、证券公司、基金公司等发行的金融产品除外。

Article 2. For purposes of this Announcement, an individual's placing of property into an offshore trust includes the following circumstances:

二、本公告所称个人将财产装入离岸信托，包括以下情形：

(1) The individual transfers property to an offshore trust, or to the trustee of an offshore trust, to be held, managed, employed or disposed of;

（一）个人将财产转移给离岸信托或离岸信托受托人持有、管理、运用、处分；

(2) The individual transfers property to an offshore entity that is held, controlled or managed by an offshore trust or by the trustee of an offshore trust, to be held, managed, employed or disposed of.

（二）个人将财产转移给离岸信托或离岸信托受托人持有、控制、管理的境外实体持有、管理、运用、处分。

Where an individual transfers property through another individual or organization and that property is in fact funded, borne or controlled by that individual, the individual shall be deemed to have received the property and placed it into the trust.

个人通过其他个人或组织转移财产，并且该财产由该个人实际出资、负担、控制的，视为该个人取得并装入财产。

For purposes of this Announcement, "property" includes movable property, immovable property and all other categories of property. "Trustee" means the organization or individual responsible, under the terms of the trust and the provisions of law, for holding, managing, employing and disposing of the trust property.

本公告所称财产，包括动产、不动产和其他各类财产。本公告所称受托人是指按照信托约定以及法律规定，负责持有、管理、运用、处分信托财产的组织或个人。

Article 3. Where a resident individual places property into an offshore trust, the taxable income shall be the market value of the property at the time it is placed in, less the original value of the property and reasonable expenses, and individual income tax shall be declared and paid under the category of "income from the transfer of property."