In recent years, more and more people around the world have chosen to be naturalized in other countries, among which Chinese are even more invincible. Unlike the early immigrants who have been naturalized, most of the immigrants today are worth a lot of money, so the problem arises. What should I do if I can successfully immigrate to naturalize? How to deal with domestic assets? Or some families have two systems, one family, two spouses, one foreigner, and one Chinese. How should domestic assets be handled in this situation?
interprets this as follows.
1. Change from red-skin passport to blue-skin passport. The nature of Chinese assets
After changing passport, the nature of the company will not change due to the change of shareholder immigration status. According to the Ministry of Commerce's "Regulations on Foreign Investors' M&A with Mergers and Acquisitions of Domestic Enterprises" : Article 55: If a natural person shareholder of a domestic company changes its nationality, the nature of the company will not change, and the nature of the holding and inheritance will not change.
2. Regarding the new investment issues after identity transformation
adopts the principle of source of investment. China has an access and approval system for the entry of foreign capital. It can be used to learn from the "Safety Review Industry Table" and "Industry Guidance Catalog".
3. After naturalization, issue of purchasing and holding property in China
Overseas individuals can only purchase one house for their own living in China. Overseas institutions that establish branches and office representative agencies in the country can only purchase non-residential houses required for office work in registered cities. For purchase, the purchase is a real-name purchase plus a valid certificate.
If an overseas individual holds a property in China, he or she enjoys national treatment in terms of property tax collection, and the tax rate is referred to Document No. [2009] 3.
4. After naturalization, after the contract rights (deposits, stocks, securities, commercial insurance, etc.) in China, the original Chinese contract rights (including deposits, stocks, bonds, commercial insurance, etc.) will enjoy national treatment and will not change any changes due to changes in immigration status.
V. Regarding property inheritance and transfer issues
In terms of property inheritance , the legal terms of residence are used to inherit property in accordance with the law, which means that the property is within China, refer to China's legal terms, the property is overseas, and the relevant local legal terms.
Regarding property transfer issues, it is based on the legal principles of the place where the property is located. Regarding the taxation issue of property transfer, the method of withholding is implemented. The transfer tax of domestic assets of immigrants. In the countries that have contracting relationships with each other, according to the tax agreement between the two parties, a non-resident of a country obtains taxable income from contracting party , and income tax can be levied according to the exemption. The amount withholding of taxes for non-residents in their country of residence is deducted from the above sources.
Three types of people are not restricted
According to my country's regulations, there are currently three types of people who can formally transfer assets overseas without restrictions. According to the Interim Measures for the Management of External Transfer of Personal Property, the following three types of people can directly apply for all personal assets to be transferred overseas:
1. Natural persons who moved abroad from mainland China and obtained permanent residence ;
2. Natural persons who went to Hong Kong Special Administrative Region of China from mainland China and obtained permanent residence ;
3. Natural persons who settled from mainland China and settled in Taiwan.
Generally speaking, legal asset transfers are mainly divided into two categories:
1. Inheriting and transferring
Foreign citizens, or residents who have obtained permanent residence rights in the Hong Kong Special Administrative Region and the Macao Special Administrative Region, or residents in Taiwan can apply for the realization of domestic inheritance inherited in accordance with the law, purchase foreign exchange and remittance abroad.
2. Immigration transfer
Natural persons who migrated abroad from mainland China and obtained permanent residence, or natural persons who went to the Hong Kong Special Administrative Region and Macao Special Administrative Region from mainland China and obtained permanent residence, or natural persons who settled in Taiwan from mainland China can apply to cash out the legal property they owned in the country before obtaining immigration status, purchase foreign exchange and remittance abroad.
It is worth noting that the regulations on immigration transfer clearly emphasize that foreign exchange transfer cannot be carried out during the first application for overseas identity. This regulation must be applied after obtaining permanent foreign residence or obtaining foreign citizenship or resident status in the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.
Simply put, that's not a problem.
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