Apr. 2026 - Indirect transfers of Chinese taxable property by non-PRC resident enterprises

Even where a transaction takes place entirely outside China, it may still be subject to Chinese compliance requirements and potentially Chinese taxation, if the underlying value is primarily derived from Chinese entities, potentially triggering Chinese enterprise income tax (EIT) liabilities.

In practice, Bulletin 7 is more likely to be triggered in the following scenarios:

• Offshore M&A transactions involving groups with Chinese subsidiaries or operations, particularly where the transaction value is largely driven by Chinese entities.
• Internal group restructurings, especially those involving multi-layered offshore holding structures or the transfer of intermediate holding companies holding Chinese investments.
• Offshore share transfers of holding companies whose value is largely derived from Chinese investments.

Such transactions are increasingly identified through data analytics, information reporting and integrated tax risk monitoring systems, even where they are executed entirely offshore.

This newsletter provides an overview of the key rules governing indirect transfers of Chinese taxable property, the factors considered by the Chinese tax authorities in assessing potential tax liabilities, recent regulatory trends, and the relevant reporting and filing obligations. It also outlines practical considerations for offshore transactions involving investments in Chinese entities.