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The Chinese IIT Liability of Foreign Directors and Senior Managers on Directors' Fees

The State Administration of Taxation (SAT) has issued a series of regulations to address questions regarding the Chinese individual income tax (IIT) liability of foreign individuals holding director or senior management positions in mainland China. However, some differences exist among these regulations concerning the nature of directors' fees and how foreign individuals perform their duties. These differences lead to potential contradictions in the assessment method and tax jurisdictional basis which in tum affect these individuals'need for certainty in determining their Chinese IIT liability. This paper endeavours to canvass systematically the IIT policies applicable to these foreign directors and senior managers and to assist them in correctly fulfilling their Chinese IIT obligations in practice.