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Inheritance tax in China

There is a fundamental interest in transferring the assets acquired during a lifetime to the next of kin or to designated persons. artax explains the facts about inheritance tax in China.

In international cases, it must first be clarified which inheritance law actually applies, i.e. the heirs must be determined. The legal basis for this can be found in the respective IPR - international private law. The assets should be transferred as undisturbed as possible by taxes.

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Inheritance tax in Germany

Inheritance tax law in Germany applies if either the testator or the heir had unlimited tax liability in Germany. This is always the case if you live in Germany. It doesn't matter how intensively it was used.

Inheritance tax in China

What about inheritance tax in China? China has no inheritance tax, but charges a transfer fee (Fangchanguohufeizong) when real estate assets are transferred upon death. Inheriting a house worth 1 million euros would cost around 80.000 euros in fees. Therefore, if possible, real estate should not be held directly. Corporate law solutions may be available. Germany and China have not concluded any agreements or contracts under international law in this regard. This means that if tax liability still exists in Germany, both countries will levy taxes and fees. However, Germany would credit the fees paid in China proportionately if the purchase in Germany results in a tax at all.

More critical is the transfer of business assets that a German company holds in China. While domestic business assets, no matter how high they may be, can be exempted up to 100%, foreign assets are subject to tax from the first euro. Entrepreneurs would therefore do well to structure asset development with inheritance tax aspects in mind.

Jürgen Bächle
Jurgen Bachle

has been working as an independent tax consultant and expert in international tax law since 1989 and has been a member of the board of the German Association of Tax Consultants Baden-Württemberg, DSTVBW, for over 20 years.

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