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China Tax Residence for Foreigners: The 183-Day Rule (2026)

The 183-day test answers one question: are you a China IIT resident this calendar year?

Updated16 Aug 2026
AudienceForeign businesses & individuals
Author Chunfang Chen · Reviewer Qian Peng · Last reviewed · 3 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Workflow in this guide

Section sequence for this topic.

  1. Practical workflow
  2. Common mistakes
  3. Action checklist
  4. Find China tax counsel
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Not tax advice. SAT day-count circulars and treaty articles change. This page is this-year residence — not the six-year worldwide trigger and not a treaty opinion.

Tax flagship · Expat IIT hub · Six-year rule · Worldwide income · IIT for foreigners · Departure clearance.

Direct answer

You are generally a China IIT resident for a tax year if you have a China domicile or you spend 183 or more full 24-hour days in mainland China in that calendar year (1 January–31 December). Arrival and departure days usually do not count. Under 183 days you are usually a non-resident: China-source income only — your China workdays are still taxable. Crossing 183 does not by itself put foreign rent and dividends on the China return; that is the six-year rule. Visa validity, police registration and a tax-treaty 183-day employment article are different clocks.

At a glance

QuestionShort answer
Window?Calendar year — not a rolling 12 months.
What is a day?Generally a full 24 hours in mainland China. Confirm live SAT wording.
Under 183?Usually non-resident. China-source (including China work) still taxed.
Does 183 = worldwide?No. Six-year page.
Treaty 183?A different test. Not this page.

Scope and legal framework

IIT Law — resident individuals. An individual domiciled in China, or not domiciled but residing 183 days or more in a tax year, is a resident taxpayer. Residents use comprehensive-income mechanics. Non-residents are taxed on China-source income by category.

SAT day-count practice. For the 183-day residence count, a day in China is generally a presence of 24 hours. Days of entry or exit typically do not count. Count mainland China — not “Greater China” tourism.

Treaties are not this test. A double-tax agreement may use 183 days in a twelve-month period for short-term employment income. That is not the IIT residency definition. Do not run a treaty claim off this page.

Practical workflow

  1. List every mainland arrival and departure this calendar year.
  2. Count only full 24-hour mainland days.
  3. If under 183: non-resident pack — China-source and withholding. If 183+: resident pack, then open the six-year page.

Common mistakes

  • Using work-permit validity as the day count.
  • Assuming 183 days taxes the US brokerage.
  • Rolling “any 12 months” instead of the calendar year.

Action checklist

  1. Passport / exit-entry spreadsheet for this year.
  2. Full-day total written down.
  3. Resident or non-resident labelled.
  4. If resident: six-year page next, not a forum thread.

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How to use this guide

Primary sources for this page (editorial source-check 2026-09-19): Prefer the current official Chinese text of each instrument over secondary commentary. Confirm current rules with qualified counsel. This page is not legal advice.

Editorial, AI and verification policies

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.

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FAQ

Common questions

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

Does a Hong Kong weekend count as leaving China?

For this test you are counting mainland 24-hour days. A same-day HK hop usually adds no mainland day. It is also not a 31-day six-year reset — see the next page.

I am here 100 days. Is my China salary tax-free?

No. Non-residents still pay IIT on China-source employment. Under-183 only limits foreign-source reach, not China workdays.

Consultation preparation

Preparation is in this guide

Use the preparation section above before contacting counsel. It is specific to this topic.

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