Meaning
Legal framework for determining how tax liabilities are distributed when an employee is temporarily assigned from an overseas company to a Chinese subsidiary. A secondment agreement tax allocation clarifies whether the home office or the host entity bears the burden of the expatriate’s social security and income tax. This document is essential for cross-border moves within multinational corporations.
Cost Recharge
Local entities often pay the overseas parent for the labor costs incurred during the assignment period. Executing a cost recharge requires an invoice that matches the actual salary and benefit expenses of the seconded staff.
Permanent Establishment
Sustained presence of seconded staff can inadvertently create a taxable branch for the overseas parent company. Avoiding a permanent establishment requires that the seconded employees report directly to the local management instead of the foreign office. Agreements must specify that the staff are working for the benefit of the Chinese subsidiary.
The duration of the secondment and the level of authority granted to the employees determine the outcome.
Registration Process
Foreign employees on secondment must register with the local tax office shortly after their arrival. Completing the registration process ensures that the individual receives a tax ID and can begin making monthly payments. The secondment letter provides the evidence needed to determine the initial tax base.