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National Practice Guide · L3

Tax Clearance When a Foreigner Sells a China Apartment (2026)

The bank will not treat the sale as remittable until taxes on this transfer are paid or documented.

3+lawyer profiles listed
Updated14 Aug 2026
AudienceForeign businesses & individuals
Author China Law List Editorial · Last reviewed · 3 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Tax & Fiscal Compliance: typical process stages

Four high-level stages — details and local variations are in the guide below.

  1. RegisterTax status & invoicing setup
  2. FileCIT, VAT, IIT calendars
  3. GovernTP, related parties, PE
  4. ExitClearance & remittance docs
City hubs

Local guides & lawyers

Drill into city × practice hubs where available, or open the city legal market guide.

Not legal or tax advice. City tax windows and VAT/IIT methods change. This page is what the sale window and the bank will want — not a Shanghai rate card.

Sale map · Remit proceeds · Tax flagship · IIT departure · Sale-tax sister.

Direct answer

Expect an IIT conversation on the gain (or a local deemed method) plus VAT/surtax themes that depend on hold period and how the city classifies the unit (ordinary vs not). Land-appreciation tax appears in some fact patterns. This page will not invent a city sticker rate. Deed tax is usually the buyer’s bill — it is not your remittance receipt. Keep 完税 / payment proof with the sale contract for the wire pack. Leaving-China IIT clearance is a different file if you are also exiting tax residence.

At a glance

QuestionShort answer
What the bank wantsTax paid / clearance on this sale.
IIT?Gain or local deemed method — ask the window.
VAT?Hold period + housing class. City practice.
Deed tax?Usually buyer. Not your 完税.
Rate table here?No.

Scope and legal framework

IIT on property transfers. Individual transfers of real property are an IIT event. Some localities historically used a deemed percentage of the sale price; others assess gain. Bring cost basis and improvement proofs and let the window apply the rule in force.

VAT / surtaxes / hold period. Whether VAT (and local surcharges) apply often turns on how long you held the unit and whether it is treated as ordinary housing. Those labels are municipal. Do not export a WeChat “5-year rule” across cities.

Clearance as a remittance exhibit. The remittance bank wants evidence that this transaction’s taxes were settled. A buyer’s deed-tax slip is the wrong PDF.

Practical workflow

  1. Book the tax/registration window with contract, title, passport, marriage docs.
  2. Ask them to compute — do not pre-announce a blog percentage to the buyer.
  3. Pay; scan every receipt into the remittance folder.

Common mistakes

  • Netting “the agent said 5%” into the sale price.
  • Losing the purchase invoice from 2012.
  • Handing the bank a social-insurance receipt instead of sale-tax proof.

Action checklist

  1. Purchase contract + invoices + hold-period dates.
  2. Window appointment after the sale contract is firm.
  3. 完税 / payment PDFs named for the bank.

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Sources & trust

How to use this guide

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship. For methodology and AI-assisted drafting rules, see our Editorial Policy and AI Content Policy. Directory badge meaning is described in the Lawyer Verification Policy.

Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.

FAQ

Common questions

Quick answers for foreign nationals and employers. Rules vary by city and change over time.

I held the apartment more than five years. Is it tax-free?

Some VAT relief themes use a long hold and “only home” style facts. IIT may still apply. The window decides. Do not skip the appointment.

Is this the same as IIT departure clearance?

No. Departure clearance is about leaving tax residence. This page is tax on this sale.

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