
多年来,许多中国企业家采用相同的策略来保护他们的财富免受税务部门的追缴:在国内建立成功的企业,在全球交易所上市,并将数十亿资产存放在离岸地区。
For years, many Chinese entrepreneurs used the same strategy to protect their riches from the taxman. Build a successful business at home, list it on a global exchange, and keep their billions offshore.
但自7月官员表示将开始对居民纳税人来自离岸信托的收益征收20%的税后,这一路径已不再可行。获得此类收入的人现在有到10月22日的时间来统计、申报并缴纳税款,且不会受到处罚。
That’s no longer a viable path after officials said in July they would begin enforcing a 20% tax on gains from overseas trusts for resident taxpayers. Those who receive such income now have until Oct. 22 to tally, report and pay their obligations without penalty.
根据彭博亿万富翁指数,此次政策调整可能影响最大的群体之一包括全球500大富豪榜上的八人及其受益人。离岸信托持有的中国主要业务公司的上市股份表明,这些人是通过离岸信托持有在中国运营主要业务的公司股份的大亨。
Among those potentially most affected by the move are eight of the world’s 500 richest people and their beneficiaries, according to the Bloomberg Billionaires Index. These are tycoons who hold listed stakes in businesses with major operations in China through offshore trusts, stock exchange filings show.
中国政府尚未公开点名任何个人,也不清楚这些亿万富翁中是否有人需要为其离岸信托所得收益缴税,或是否已被要求这样做。根据彭博基于监管文件的计算,截至周五,他们的持股在各自情况下均为该个人或家族的最大资产,总价值约为1402亿美元。
The Chinese government hasn’t singled out any individuals publicly and it’s unclear if any of these billionaires might be due to pay taxes on gains made by their overseas trusts, or if they’ve been asked to do so. Their holdings, which in each case are the person’s or family’s largest assets, totaled about $140.2 billion as of Friday, according to Bloomberg calculations based on regulatory filings.
这八位亿万富翁创办了中国一些最知名的公司,他们将信托设立在英属维尔京群岛和开曼群岛等税收洼地。其中包括网易公司创始人丁磊,他运营着视频游戏开发商网易公司,并在离岸地区持有约370亿美元资产;还有拼多多控股公司创始人黄峥,他创立了电商巨头拼多多控股公司,并在中国境外持有约290亿美元资产。
The eight billionaires, who founded some of China’s most well-known companies, domiciled their trusts in tax havens like the British Virgin Islands and Cayman Islands. They include William Ding, who runs video game developer NetEase Inc. and holds about $37 billion overseas, and Colin Huang, who launched e-commerce giant PDD Holdings Inc. and has $29 billion outside China.
中国宏桥集团有限公司的一位发言人表示,将该公司创始人张波及公司领导层与税收政策变化联系起来“毫无根据且具有误导性”。其他七家公司的代表未回应置评请求。
A spokesperson for China Hongqiao Group Ltd., an aluminum producer, said that linking its founder Zhang Bo and the company’s leadership to the tax policy changes “is unfounded and misleading.”Representatives for the other seven companies did not respond to requests for comment.

大部分海外财富是在公司在美国或香港完成首次公开募股之前所作的投资中积累的。其中一些企业,如拼多多和泡泡玛特,自开始交易以来价值飙升,使其创始人在账面上赚取了数十亿美元。
Much of the overseas wealth was accumulated on investments made before the companies completed initial public offerings in the US or Hong Kong. Some of those businesses, such as PDD and Pop Mart, have soared in value since they began trading, netting their founders billions of dollars on paper.
税收行动对老钱信托的影响更大,香港英思及公司合伙人Kevin Woo表示。
The tax grab impacts old money trusts more heavily, said Kevin Woo, a partner at law firm Ince & Co Hong Kong.
“公司上市后,增值会变得巨大,”他说。那些早在很久以前就上市公司的潜在客户“正在寻找能够重组信托而不仅仅是陈述规则的创新律师”,他说,指的是他自己的对话,而不是彭博社所确定的那八位亿万富翁。
“Appreciation becomes massive once the company goes public,” he said. Prospective clients who listed their companies long ago “are asking for inventive lawyers who can restructure trusts rather than simply state the rules,” he said, referring to his own conversations rather than the eight billionaires identified by Bloomberg.
税收征收行动是中国国家主席习近平“共同富裕”运动的延伸,该运动包括对本土科技巨头的打压和对银行家的减薪。尽管这些限制在过去几年中有所缓解,但持续的房地产低迷也对地方政府财政造成了严重打击,促使其寻找其他收入来源。
The tax collection drive is an extension of Chinese President Xi Jinping’s campaign for “common prosperity,” which included a crackdown on homegrown technology giants and pay cuts for bankers. Even though some of those curbs have eased over the past few years, a prolonged property slump has also dealt a severe blow to the finances of local governments, prompting the search for other sources of revenue.
“他们需要在地方和中央政府层面优化收入来源,并将离岸财富视为其中一个渠道进行探索,”瑞士私人银行亚洲资深经济学家Carlos Casanova表示。
“They need to optimize revenue streams at local and central government levels and they’re exploring offshore wealth as one of the channels,” said Carlos Casanova, senior economist for Asia at Union Bancaire Privee.
今年早些时候,知情人士表示,中国已开始限制在海外注册、可能提供某些税收优惠的公司的IPO。财富顾问和律师现在正在帮助家庭追溯其离岸架构的历史,回溯到资产首次转入信托的时候,并统计此后他们赚取了多少钱。
China had begun restricting IPOs of firms incorporated overseas that may offer certain tax benefits, people familiar with the matter said earlier this year. Wealth advisers and lawyers are now helping families trace the history of their offshore structures, going back to when the assets were first transferred into the trusts and tallying how much money they’ve made since then.
“对于已经存在多年的架构的家庭来说,这可能是一项相当重要的工作,”BDO税务咨询资产与财富管理业务负责人Kylie Luo表示。
“For families with structures that have been around for many years, this can be quite a significant exercise,” said Kylie Luo, head of the asset and wealth management practice at BDO Tax Advisory.
总体而言,一些家庭正寻求简化其海外财务,而另一些家庭则在考虑重组或终止某些安排,罗女士表示。“我们还看到,今年有更多家族办公室结构被建立起来,”她说。
In general, some families are looking to simplify their overseas finances, while others are considering restructuring or unwinding certain arrangements, Luo said. “We’re also seeing more family office structures being set up this year,” she said.
这八位亿万富翁均未公开表示他们是否需要应对税收规则的变化,或将如何应对。但一些其他创始人已经向投资者筹集资金以缴纳税款。此前,知情人士透露,海底捞国际控股有限公司和看准网(Kanzhun Ltd.)的创始人已合计出售数亿美元股份,以应对新税收的执行。
None of the eight billionaires has stated publicly whether they have to respond to the tax rule change, or how they might be doing so. But some other founders have already turned to investors to raise cash for the taxes. The entrepreneurs behind hotpot chain Haidilao International Holding Ltd. and recruitment app Kanzhun Ltd. have sold hundreds of millions of dollars of shares combined in response to the new tax enforcement, people familiar with the matter said previously.
新规将为中国政府财政增加多少收入仍存在不确定性,部分原因在于目前尚无公开数据显示谁应缴纳多少税款。此外,富裕个人在最终税款方面仍有谈判空间。
How much the new rules will add to China’s government coffers remains uncertain, in part because there’s no public data on who owes what yet. There’s also room for wealthy individuals to negotiate their final bills.
不过,几乎不可能有人能免税而过。中国的税收甚至适用于已取得外国护照的人士 — — 只要他们主要收入来源来自中国,例如海底捞的创始人。
Still, it’s unlikely anyone will get away with paying nothing. China’s taxes apply even to those who have acquired foreign passports — such as Haidilao’s founder — as long as they derive much of their revenue from the country.
“每个人都感到震惊,”罗德律师事务所(Dentons Rodyk)合伙人、曾为中国超级富豪就税务目的设立信托提供咨询的白女士表示。白女士透露,她的许多客户(她拒绝透露姓名)起初被这一变化措手不及,但很快开始筹备付款并深入研究技术细节,例如某些费用是否可以申报为扣除项。
“Everyone got a shock,” said Linda Bai, a partner at law firm Dentons Rodyk who has advised China’s ultrarich on setting up trusts for tax purposes. Bai said many of her clients, whom she declined to name, were initially caught off-guard but quickly began to prepare the payments and delve into the technicalities, such as whether certain expenses could be claimed as deductions.
白女士表示,他们意识到税务机关能够通过公开的IPO文件或收购公告, triangulate(三角测量)出他们应缴纳的税款。“你无法逃避这一点,”她说。
They realized authorities would be able to triangulate how much tax they owed from publicly available IPO documents or acquisition announcements, said Bai. “You cannot run away from it,” she said.