Short answer: a foreign national who sells property in China can remit the proceeds after the sale taxes are settled and the tax payment certificate, sale contract, ownership transfer certificate and identity documents are in place. Funds of this kind are a capital-account payment: under Article 22 of the Foreign Exchange Administration Regulations of the PRC they are handled against valid documents, and where the rules require approval, approval must be obtained before payment. Property received by inheritance and then sold follows the Interim Measures for the Administration of the Sale and Purchase of Foreign Exchange for the Transfer of Personal Property Abroad: approval is sought from the foreign exchange bureau at the deceased's last registered residence, and the bank then buys and remits the foreign exchange. Remittance timing, bank charges and the exact document list follow the rules and the bank's practice in force, so this page publishes no day counts or amounts.

Foreign nationals who sell property in China face a critical question: how to legally transfer the sale proceeds abroad. The answer involves a multi-step process through tax clearance, bank foreign exchange application, and cross-border remittance.

Legal Framework

Under Article 22 of the Foreign Exchange Administration Regulations of the PRC, a capital-account foreign exchange payment is made against valid documents, and where the rules require approval from the foreign exchange authority, that approval must be obtained before payment. Foreign nationals may therefore apply to remit the legitimate proceeds from selling China real estate once all taxes are paid, with the documents the bank and the authority require. The four stages are tax clearance, document preparation, the bank FX application, and cross-border remittance. Where the property was received by inheritance, the Interim Measures for the Administration of the Sale and Purchase of Foreign Exchange for the Transfer of Personal Property Abroad add a step: under Articles 5 and 6, approval is sought from the foreign exchange bureau at the deceased's last registered residence, the bank remits against that approval, and property inherited from the same deceased must be applied for as a whole. The time required varies widely from case to case.

Step 1: Tax Clearance

Before remitting funds, the sale taxes must be settled: VAT (whether it applies, and whether it is charged on the full amount or the difference, depends on the holding period, the size and the nature of the property), individual income tax (generally on the gain, or assessed on another basis where the original cost cannot be documented), surcharges calculated on the VAT actually paid, and stamp duty under the rules in force. Where the rates depend on current policy we do not publish figures; the tax authority assesses the file. The tax authority then issues a Tax Payment Certificate, which is a core document for the bank application.

Step 2: Prepare Bank Documents

Submit: passport with Same Person Certificate if needed, property sale contract, ownership transfer certificate, tax payment certificates, FX purchase application, fund source statement, and power of attorney if applicable.

Step 3: Bank FX Application

Apply at a major bank with foreign exchange experience (Bank of China, ICBC and similar). Sale proceeds fall under the capital account, under the personal property transfer arrangement, and are not handled as an ordinary annual facilitation purchase. Whether the whole amount can be remitted in one application, and which documents the bank will require, follow the State Administration of Foreign Exchange rules and the bank's practice in force, so confirm the position with the branch handling the file before you rely on it. This page does not publish quota figures.

Step 4: Cross-Border Remittance

Funds are transferred by SWIFT. Arrival time depends on the sending bank, the receiving bank and the corridor, so we do not publish day counts; expect several business days. Fees (cable charge plus a service fee with caps set by the bank) vary between banks, so confirm the current schedule with the bank handling the remittance, and ask whether intermediary banks deduct separately.

FAQs

Q: Can I remit the proceeds to a family member's account abroad?

A: In practice the remittance is expected to go to an account in the applicant's own name, and the bank checks the relationship between the payee and the applicant. Third parties, including a spouse or a child, are generally not accepted as the payee. If you need a different arrangement, confirm with the branch before you agree the sale, not after the money is received.

Q: Are inheritance sale proceeds handled the same way?

A: The direction is the same but there is an extra step. Under Articles 5 and 6 of the Interim Measures for the Administration of the Sale and Purchase of Foreign Exchange for the Transfer of Personal Property Abroad, approval is applied for at the foreign exchange bureau where the deceased was last registered as a resident, and the bank remits against that approval; property inherited from the same deceased must be applied for as a whole. The notarial inheritance certificate or the effective court decision is also needed.

Q: Is a separate tax filing for outbound payment required first?

A: As a rule no separate outbound-payment tax filing is needed, provided all taxes on the sale have been settled in China and the tax payment certificate is in hand. Any further tax step follows the current requirements of the tax authority and the bank.

Q: How long does the whole process take?

A: It varies widely: it depends on whether inheritance or title transfer is complete, progress on tax clearance, the bank's review and any supplements, and processing at the receiving bank. This page makes no promise about processing time or the date the money arrives.

Conclusion

Professional legal advice is strongly recommended. Zhao Haiying's team at Lantai (Shanghai) Law Firm handles cross-border asset repatriation for foreign clients.

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Written by Zhao Haiying, Partner, Lantai (Shanghai) Law Firm.

Sources: Foreign Exchange Administration Regulations of the PRC (State Council); State Administration of Foreign Exchange: Interim Measures for the Administration of the Sale and Purchase of Foreign Exchange for the Transfer of Personal Property Abroad (full text). Verified as of 2026-10-15; tax and foreign exchange rules and bank review requirements change, so confirm the current position with the tax authority, the foreign exchange authority and the bank.

Contact: +86 173 2109 9752 (phone and WeChat) · zhaohaiying@lantai.cn · Lantai (Shanghai) Law Firm · zhaohaiyinglvshi.com