视点｜移民必看！个人财产转移全攻略（一）：合法合规“带钱出国”之移民财产转移
Published:
2025-08-08
With the acceleration of globalization, an increasing number of high-net-worth individuals are choosing to immigrate or settle abroad. However, how to legally and compliantly transfer domestic property overseas has become a challenge for many. Improper operation may face foreign exchange controls, tax inspections, and even legal risks. As a lawyer, I will explain the key points of "Immigration Transfer in the Transfer of Personal Property Abroad" today to help you complete cross-border asset allocation safely and efficiently!
With the acceleration of globalization, an increasing number of high-net-worth individuals are choosing to immigrate or settle abroad. However, how to legally and compliantly transfer domestic property abroad has become a difficult problem for many. Improper operation may face foreign exchange controls, tax audits, and even legal risks. As a lawyer, I will explain the key points of "Immigration Transfer in the Transfer of Personal Property Abroad" today to help you complete cross-border asset allocation safely and efficiently!
1. What is "Immigrant Property Transfer"?
According to the "Provisional Measures for the Administration of the Sale and Payment of Foreign Exchange for the Transfer of Personal Property Abroad" (Announcement No. 16 of the People's Bank of China [2004]), immigration transfer refers to the act of a natural person who moves from mainland China to a foreign country, or settles in the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region, to realize the legal property they owned in China before obtaining immigration status, and purchase and remit foreign exchange through designated foreign exchange banks.
Key points:
1. Applicable people: Chinese citizens who have obtained permanent foreign residency, natural persons who have obtained foreign citizenship, and residents of Hong Kong, Macao, and Taiwan.
2. Scope of property: It must be legal income in China before personal immigration (such as deposits, real estate realization, stock income, etc.), and proof of tax payment is required.
2. Principles and Conditions of Immigration Transfer
1. Basic principles: one-time application, step-by-step remittance
The amount that can be remitted for the first time shall not exceed one-half of the total property to be transferred; after one year from the first remittance, no more than one-half of the remaining property may be remitted; after two years from the first remittance, all remaining property may be remitted.
Taking the transfer of 10 million RMB as an example:
(1) The amount of the first remittance shall not exceed one-half of the total property to be transferred, so the first transfer is 5 million RMB.
(2) After one year from the first remittance, no more than one-half of the remaining property may be remitted, so the second transfer is 2.5 million RMB.
(3) After two years from the first remittance, all remaining assets of 2.5 million RMB can be remitted.
2. Core conditions:
(1) Immigration procedures have been completed (such as holding a foreign permanent residence permit or passport), and Chinese nationality or mainland household registration has been cancelled;
(2) The source of property is legal and tax-paid (such as real estate realization requires providing a sales contract and transaction tax certificate).
3. Detailed Operation Process (Taking Real Estate Realization as an Example)
Step 1: Prepare materials
——Identity certificate: Overseas permanent residence certificate (such as green card), proof of cancellation of nationality or mainland household registration
——Property and tax payment certificate: Real estate certificate, sales contract, bank statement and tax payment certificate, etc. (property certificate information needs to be notarized)
——Application form: "Immigrant Property Transfer Applicant Information Form" "Personal Property Transfer Business Application Form" (download from the website of the Foreign Exchange Administration)
Step 2: Approval by the Foreign Exchange Administration
——Submit the application to the foreign exchange administration where the original household registration is located
——If a large amount of funds is involved (more than 500,000 RMB), the local foreign exchange bureau shall submit it to the State Administration of Foreign Exchange for review, and the State Administration of Foreign Exchange shall issue an approval document to the local foreign exchange bureau after approval
——The local foreign exchange bureau issues an approval document to the applicant
Step 3: The bank purchases foreign exchange and remits it
——With the approval document from the Foreign Exchange Administration, go to the designated bank to purchase foreign exchange and make cross-border remittances
4. Lawyer's Reminder: Three Major Risk Aversions
1. Tax Compliance:
——Before the transfer, make sure that all income has been taxed, otherwise tax + late payment fees may be recovered
- Some countries tax global income, so you need to plan your tax resident status in advance
2. Foreign Exchange Control Red Line:
——It is strictly forbidden to fabricate transactions, split foreign exchange purchases, or operate underground money houses, otherwise it is suspected of money laundering and may violate criminal law
3. Number of Restrictions:
——There is only one application for immigration transfer, so cherish it
5. Frequently Asked Questions
Q: Do I need to transfer the property in steps if the amount is not large?
A: If all the property to be transferred is less than 200,000 RMB (including 200,000 RMB), it can be transferred out in one lump sum after approval.
Q: Before obtaining immigration status, my household registration was in Jinan. I plan to sell my Beijing property to purchase foreign exchange and remit it. Which foreign exchange bureau should I apply to?
A: It shall be handled by the foreign exchange bureau where the original household registration of the immigrant is located.
Q: If the applicant cannot return to China, can he entrust someone else to handle the immigration transfer application?
A: Yes, but a notarized power of attorney and the agent's identity certificate must be provided.
6. Conclusion
Immigrant property transfer involves multiple fields such as law, foreign exchange, and taxation. Slight carelessness may lead to risks. It is recommended to consult a professional lawyer in advance to customize a plan.
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