On July 24, 2026, the Ministry of Finance and the State Taxation Administration officially issued the “Announcement on Matters Concerning Individual Income Tax on Offshore Trusts,” which systematically clarifies that offshore trusts inContribution of Assets, Ongoing Income, Distribution of Profits, Termination and Liquidation, Changes in Status, and Succession of Rights and InterestsRules for handling individual income tax in these and other situations.

In a nutshell:Offshore trusts are not uniformly taxed at a rate of 20% of their total assets; instead, taxes are calculated separately based on the trust’s tax status, the source of the assets, the nature of the income, and the stage of the trust’s operations.

So, when will the new regulations take effect? Who needs to be aware of them? Under what circumstances are taxes due? How much will be owed? Do existing offshore trusts need to pay back taxes? This article explains it all.

When will the new regulations take effect?

First, it’s important to distinguish between three key time points.

1,This announcement takes effect on July 24, 2026.

The “Announcement” takes effect on the date of its issuance; in other words, the relevant tax filing and collection management rules will officially take effect on July 24, 2026.

However, it is important to note that this does not mean the policy applies only to offshore trusts established after July 24, 2026.

The Announcement also establishes transitional rules for offshore trusts established in prior years and for taxes that have not yet been paid in accordance with the law.

2,Effective January 1, 2026, cases will generally be handled in accordance with the new regulations.

Effective January 1, 2026, when a resident individual places assets into an offshore trust, as well as with respect to income generated by such a resident individual’s offshore trust during its term, the nature of the income must be determined, taxable income calculated, and individual income tax filed and paid in accordance with the new regulations.

In other words, although the announcement was issued in July 2026, the relevant rules actually apply to events occurring on or after January 1, 2026.

3,Certain historical items dating back to 2023 must also be reported retroactively.

Individuals who transfer assets into an offshore trust between January 1, 2023, and December 31, 2025, must file and pay any unpaid individual income tax arising from such transfers within 90 days of the effective date of this announcement.

For taxpayers who comply with the provisions of this announcement and complete their filing and payment within 90 days, no late payment penalties will be imposed for the time being.

For income generated during the term of an individual’s offshore trust prior to January 1, 2026, but on which taxes have not yet been paid in accordance with the law, individual income tax must also be reported and paid within 90 days.

Therefore, individuals who have already established an offshore trust should not focus solely on the future; they should also take the time to review the following:

1. Have any assets been added since the beginning of 2023?;
2. Were there any earnings in prior years?;
3. Have funds been distributed to Chinese tax residents?;
4. Whether there are any circumstances deemed to constitute distributions, such as loans or payments made on behalf of others;
5. Has the relevant income been reported in accordance with the law?

Who is affected by this policy?

The new individual income tax regulations for offshore trusts do not only affect “trust settlors” in the traditional sense. The following categories of individuals should pay close attention to these regulations.

1. Chinese tax residents who place assets in an offshore trust

For example, an individual may transfer equity interests in domestic and foreign companies, shares in publicly traded companies, real estate, or assets in investment accounts that he or she holds into an offshore family trust.

If the property has already appreciated in value at the time of the transfer, personal income tax may be incurred at the time of the transfer.

2. Chinese tax residents who have established offshore trusts

Even if a trust has been in existence for many years, as long as it remains in force and the trust or an overseas entity controlled by the trust generates income, it is necessary to determine whether there is an obligation to file annual tax returns.

3. A trust established by a foreign individual but effectively controlled by a Chinese tax resident

In some trusts, the nominal settlor, founder, or protector is a nonresident individual, but the trust property is actually funded, financed, or controlled by a Chinese tax resident.

In such cases, the tax authorities may, in accordance with the principle of “substance over form,” treat the transfer of assets into an offshore trust as having been made by a Chinese tax resident.

Simply put: Having a foreign national act as a nominee or establishing a company in their name does not automatically exempt you from Chinese tax liability.

4. Chinese tax residents who receive income from overseas trusts

Example:

🔷 Parents living abroad establish a trust to distribute funds to their children in China;

🔷 A relative living abroad establishes a trust to pay living expenses to a Chinese tax resident;

🔷 The trust purchases real estate, repays debts, or pays for educational expenses on behalf of domestic beneficiaries.

These economic benefits, whether obtained directly or indirectly, may be subject to personal income tax.

5. Persons who have acquired foreign citizenship or permanent residency abroad

Obtaining a foreign passport, long-term residency, or permanent residency does not automatically result in the loss of Chinese tax resident status.

The “Announcement” clarifies that individuals who have acquired foreign nationality or long-term or permanent residency abroad, but whose primary economic interests are derived from within China, may still be deemed resident individuals for tax purposes and will continue to pay individual income tax on their domestic and foreign income.

6. Individuals planning to immigrate, change their tax status, or engage in family wealth succession

A resident individual’s status changing to that of a non-resident individual, the death of a trust settlor, or the succession of trust interests by another person may all trigger a tax settlement or new filing obligations.

Therefore, immigration planning, status planning, and offshore trust planning should no longer be handled separately but should be evaluated simultaneously.

How are taxes handled when assets are placed in an offshore trust?

For individual residents, placing assets into an offshore trust is considered a transfer of property.

Who are taxpayers?

Resident individuals who place their assets in an offshore trust.

Under which income category should taxes be paid?

Pay personal income tax based on “gains from the transfer of property”

What is the tax rate?

20%

How is taxable income calculated?

The formula is:

Taxable Income = Market Value of the Property at the Time of Transfer – Original Cost of the Property – Reasonable Expenses

It is important to emphasize that:

Taxes are not paid directly based on the total value of the assets placed in the trust; rather, in principle, taxes are paid only on the appreciation of those assets.

For example, Mr. Zhang acquired shares in a certain company for 5 million yuan many years ago and is now placing those shares into an offshore trust.

At the time of the investment, the market value of the equity was 15 million yuan; assuming that the related reasonable expenses amounted to 200,000 yuan.

Then:

• Taxable income: 15 million yuan – 5 million yuan – 200,000 yuan = 9.8 million yuan;
• Personal income tax due: 9.8 million yuan × 20.1% = 1.96 million yuan.

After an individual resident pays taxes in accordance with the above rules, the tax base for that property will be adjusted to its market value at the time it was placed in the trust.

When the trust subsequently transfers this property, the subsequent capital gains may be calculated based on the adjusted original value.

Nonresident individuals who transfer assets may also be subject to taxes.

Non-resident individuals who place assets into an offshore trust are also required to pay individual income tax in China if the assets involve gains from the transfer of property sourced from within China.

If property is nominally contributed by a nonresident individual but is actually controlled by a resident individual, it may also be deemed to have been contributed to the trust by a resident individual.

 Do I have to pay taxes on a trust even if no distributions are made during its term?

This is one of the most noteworthy changes in this policy.

The answer is:For offshore trusts formed with assets contributed by individual residents, annual taxes may be required even if the income has not actually been distributed to the individual’s account.

The “Announcement” specifies that income generated during the term of a resident individual’s offshore trust—as well as by any overseas entities held, controlled, or managed by such a trust—shall be reported and paid as personal income tax annually by the resident individual as the taxpayer, regardless of whether such income is actually distributed.

Income during the term is divided into two categories

Gains from the Transfer of Property

Example:

• Trust sells shares;
• Transfer of Company Shares by a Trust;
• Trust Sale of Real Estate;
• A trust-controlled overseas company disposes of investment assets.

In principle, taxable income is calculated as follows:

• Income from the Transfer of Property – Original Cost of the Property – Reasonable Expenses

The applicable tax rate is 20%.

Income from interest, dividends, and bonuses

Example:

• Bank interest;
• Bond interest;
• Company dividends;
• Fund Allocation;
• Other trust income that does not constitute a transfer of property.

The individual income tax rates specified in 20% also apply.

Will there be double taxation when the funds are actually distributed?

No. Individual residents have already filed and paid individual income tax on the income generated during the trust’s term in accordance with regulations; when this income is subsequently distributed to individuals, they will not be required to pay individual income tax on it again.

In addition, if personal income tax has been paid overseas on income related to an offshore trust in accordance with the regulations, a foreign tax credit may be claimed in accordance with the law.

Which expenses are not tax-deductible?

Many offshore trusts incur certain annual administrative and professional service costs, such as:

1. Fiduciary compensation;
2. Trust management fee;
3. Legal service fees;
4. Investment advisory fees;
5. Architecture maintenance costs.

However, the “Announcement” clearly states that these expenses may not be deducted from taxable income.

In other words, taxes cannot be calculated simply based on the net profit derived from “trust investment income minus all trust operating expenses.”

In addition, there are three rules to keep in mind:

1,These two types of income cannot be offset against each other

“Income from the transfer of property” and “income from interest, dividends, and bonuses” cannot be offset against each other.

For example, if a trust incurs a stock trading loss of 1 million yuan in a given year but receives 2 million yuan in dividend income, the stock loss cannot be directly offset against the dividend income.

2,Gains and losses from the transfer of property may be offset against each other within the same tax year.

In principle, gains and losses arising from the transfer of different properties within the same tax year may be offset against each other in accordance with the regulations. 

3. Losses cannot be carried forward to future years.

Losses from the transfer of property that were not fully offset in the current year cannot be carried forward to the next year for further offset.

 How are taxes paid when a trust established by a foreign individual distributes funds to Chinese residents?

If an offshore trust is established with assets contributed by a nonresident individual, the resident individual who receives distributions from the trust during its term is required to pay individual income tax on those distributions.

Under which category should taxes be paid?

Taxes are paid in accordance with the “interest, dividends, and profit distributions” category.

What is the tax rate?

20%. For example, a foreign national establishes a family trust, and in 2026, the trust distributes 2 million yuan to the foreign national’s child, who resides in China and is a Chinese tax resident.

Assuming no other factors are taken into account, this individual may be required to pay 400,000 yuan in personal income tax on the 2 million yuan in distribution income.

Even if funds are not transferred directly, it may still be treated as a distribution.

Some trusts do not transfer funds directly into the beneficiaries’ personal accounts, but instead ensure that the beneficiaries actually receive economic benefits through other means.

The “Announcement” specifies that the following circumstances may be deemed to constitute the distribution of income to individual residents:

1. Using trust assets to provide collateral or guarantees for the debts of individual residents;
2. Loans provided to individual residents that remain outstanding as of December 31 of that year;
3. Paying expenses on behalf of individual residents or reimbursing them for such expenses;
4. Allowing individual residents to use trust assets, such as real estate and vehicles, free of charge or at a significantly reduced price;
5. Transferring property or making payments to individual residents through a third party;
6. Provide relevant economic benefits to enterprises controlled by individual residents and to related parties.

For example, if an offshore trust does not directly distribute funds to beneficiaries but pays for their housing, tuition, or living expenses, or allows beneficiaries to reside in trust-owned properties on a long-term, rent-free basis, such actions may be treated as distributions of income based on the market value of the economic benefits actually received.

 How much tax is due when a trust is terminated or liquidated?

Personal income tax may also be incurred when an offshore trust is liquidated due to the expiration of the contract, early termination, or other reasons.

Termination of an Individual Resident's Offshore Trust

Individual residents, as taxpayers, are subject to a 20% personal income tax on the proceeds from the liquidation of trust property, classified as “interest, dividends, and profit distributions.”

In principle, the calculation formula is as follows:

Liquidation Proceeds = Market Value of All Assets at the Time of Trust Termination – Original Value of the Trust Property – Reasonable Expenses

It is important to note that income generated between January 1 of the year in which the trust terminates and the date of termination must still be calculated and taxed in accordance with the relevant rules applicable during the trust’s term.

Termination of an Offshore Trust Established by a Nonresident Individual

If, upon the termination of a trust, a resident individual acquires the trust property, the market value of the trust property at the time of acquisition by the resident individual may be treated as taxable income, and a 20% individual income tax will be levied on such income under the category of “interest, dividends, and bonus income.”

This differs from offshore trusts established by individual residents, which must be assessed on a case-by-case basis depending on the settlor’s identity, the source of the assets, and the beneficiaries’ circumstances.

Can an individual resident avoid individual income tax on trust income by changing their status to non-resident?

This should not be simplistically interpreted to mean: “If you become a non-resident before the trust makes its distribution, you won’t have to pay taxes in China afterward.”

The “Announcement” stipulates that,During the term of a resident individual’s offshore trust, if the resident individual becomes a nonresident individual, a tax settlement must be conducted for the trust property.

In principle, taxable income is calculated as follows:Market value of the trust property on the date of conversion to a nonresident individual—original cost of the property

Pay personal income tax at the 20% rate on “interest, dividends, and bonus income.”

At the same time, trust income generated from January 1 of that year through the date of status change, as well as any taxes due but unpaid from previous years, must also be reported in accordance with regulations.

Upon completion of the tax settlement, the original value of the trust property is adjusted to its market value as of the date of the status change.

Therefore, before immigrating or changing your tax status, you should assess the following in advance:

1. Whether you are currently still a Chinese tax resident;
2. The current market value of the offshore trust property;
3. Have historical annual returns been filed?;
4. Will a change in status result in a large tax settlement?;
5. Whether there is complete documentation of the original value and valuation of the assets.

 Who Pays the Taxes When the Trust Settlor Dies?

Upon the death of an individual resident, a determination must be made as to who will succeed to the offshore trust.

1,Inherited by other individual residents

Offshore trusts continue to be treated as offshore trusts held by resident individuals, and the new resident individual is required to fulfill the subsequent tax filing and payment obligations in accordance with the regulations.

2,Inherited by a nonresident individual or left without an heir

In principle, the taxable income is calculated as the market value of the trust property on the date of death, less its original cost.

The trustee or a domestic institution designated by the trustee shall file and pay individual income tax on behalf of the beneficiary in accordance with the provisions for “interest, dividends, and bonus income.”

At the same time, trust income earned by an individual resident from January 1 of the year of death through the date of death, as well as any individual income tax due but unpaid from previous years, must also be addressed.

A Single Chart Explains How Taxes Are Paid at Each Stage of an Offshore Trust

Tax-relatedannular ring	MainTaxpayer	Incomesports event	Tax CalculationBasics	duty rate
Personal Assets Deposited by Residents	Resident Individuals Who Have Transferred Assets	Gains from the Transfer of Property	Market Value – Original Cost – Reasonable Expenses	20%
Sale of Assets During the Term of the Agreement	Individual Residents	Gains from the Transfer of Property	Proceeds from Transfer – Original Cost – Reasonable Expenses	20%
Interest and dividends accrued during the term, etc.	Individual Residents	Income from interest, dividends, and bonuses	Income Related to the Current Year	20%
Distributions by a Nonresident Trust to Residents	Resident Beneficiaries	Income from interest, dividends, and bonuses	Actual or Deemed Distributed Income	20%
Termination of the Liquidation of the Residential Trust	Individual Residents	Income from interest, dividends, and bonuses	Liquidation Value – Original Cost – Reasonable Expenses	20%
Resident to Non-Resident	Indigenous Individuals	Income from interest, dividends, and bonuses	Market Value on the Conversion Date – Original Cost	20%
Transfer of Assets to a Resident Following the Termination of a Nonresident Trust	Individuals Who Have Acquired Property	Income from interest, dividends, and bonuses	Market Value of the Property Acquired	20%

It bears repeating:20% is the applicable tax rate; this does not mean that all offshore trusts are taxed at a rate of 20% of their total assets.

The actual tax burden depends on the founder’s tax status, the original value of the assets, their market value, the type of income, the method of distribution, and the history of tax compliance.

When should I file?

The filing deadlines vary by stage.

1,Individuals Place Their Assets into Offshore Trusts

Tax returns must be filed between March 1 and June 30 of the year following the transfer of the property.

2,Income generated during the term of an individual resident's offshore trust

Tax returns for the previous year's tax liability must be filed between March 1 and June 30 of each year.

3,Nonresident Individuals Placing Assets into an Offshore Trust

If taxable income is derived from within China and tax is due, a tax return must be filed within 15 days of the following month.

4,Termination of an Offshore Trust

A tax return must be filed within 15 days of the month following the date on which the liquidation is completed.

If liquidation has not been completed within 60 days after the termination of the trust, the 60th day following the date of termination shall, in principle, be deemed the date of completion of liquidation.

Entities that face genuine difficulties and are unable to pay the relevant liquidation taxes on time may, upon filing a report with the tax authorities, pay the amount in equal installments over a period of five years.

5,Death of an Individual Resident

The trustee or a domestic institution designated by the trustee shall file a tax return within 15 days of the month following the date of death of the resident individual.

6,Change from Resident Individual to Non-Resident Individual

A tax return must be filed within 15 days of the month following the date on which the individual becomes a nonresident.

 I’ve already set up an offshore trust. What should I do now?

For individuals and families who have already established an offshore trust or are planning to establish an overseas family trust, we recommend immediately conducting the following self-assessments.

1,判断本人是否属于中国税务居民

不能只看国籍、护照或者永居身份，还需要结合：

1. 中国境内是否有住所；
2. 家庭和主要社会关系所在地；
3. 主要经营活动所在地；
4. 主要收入和财产来源；
5. 境内外实际居住时间。

2,梳理信托中的全部角色

Included:

• 委托人；
• 受托人；
• 保护人；
• 受益人；
• 实际控制人；
• 信托控制的境外企业。

尤其要判断，名义上的设立人与实际出资人、控制人是否一致。

3,梳理装入信托的全部资产

Key Points:

1. 财产装入日期；
2. 财产取得成本；
3. 装入时市场价值；
4. 相关估值依据；
5. 股权、股票、房产等资产原值证明；
6. 是否涉及来源于中国境内的财产。

4,核查2023年以来的历史事项

Key Areas to Inspect:

1. 是否在2023年至2025年装入过财产；
2. 是否产生过应缴未缴的财产转让所得；
3. 2026年以前信托是否产生收益；
4. 是否向居民个人分配过资金；
5. 是否存在需要在90日内补充申报的事项。 

5,核对信托及底层实体的年度收益

不仅要看信托账户有没有向个人打款，还要检查：

1. 利息；
2. 股息红利；
3. 股票和股权转让收益；
4. 房产租金及处置收益；
5. 基金投资收益；
6. 信托控制的境外公司收益。

6,检查是否存在视同分配风险

Included:

1. 信托向个人提供借款；
2. 替个人支付生活费用；
3. 替个人购房或者还贷；
4. 为个人债务提供担保；
5. 允许个人无偿使用房产、车辆等信托财产；
6. 向个人关联企业提供资金或者其他经济利益。

7,提前准备申报资料

建议准备：

1. 信托契约及补充文件；
2. 资产装入文件；
3. 股权及财产原值证明；
4. Bank flow;
5. 信托年度财务报表；
6. 底层境外企业财务资料；
7. 资产估值报告；
8. 收益分配记录；
9. 境外完税凭证；
10. 税务居民身份证明。

个人不能提供真实、完整资料，证明交易具有合理商业目的、资产价值合理的，税务机关可以按照合理方法进行调整或者评估。

put at the end

离岸信托并没有因为个税新规而失去财富传承、家族治理、风险隔离和跨境资产管理的功能。

但必须明确：信托的法律隔离功能，不等于税务义务同步消失。

新规落地后，离岸信托的税务判断已经从过去重点关注“是否实际分配”，转向全面关注：

1. 谁实际装入财产；
2. 谁实际控制信托；
3. 谁最终取得经济利益；
4. 信托及底层实体是否产生收益；
5. 相关个人是否属于中国税务居民；
6. 历史年度是否已经依法申报。

对于已经设立离岸信托、计划搭建境外持股架构，或者正在进行移民及税务身份调整的个人和家庭，应尽快完成信托架构、历史收益、资产原值和纳税义务的专项梳理。

尤其是涉及2023年以来历史事项的，应充分利用公告规定的90日申报窗口，及时评估并处理潜在税务风险，避免后续产生滞纳金、罚款甚至偷逃税风险。