How to transfer personal legal property to the outside world?

On February 1, the central bank implemented the Interim Measures for the Administration of Foreign Exchange Sale and Payment of Personal Property.

Private legal property can be transferred abroad.

● The outward transfer of personal property includes two types: one is the transfer of immigrant property; The second is the transfer of inherited property.

● Transfer must be applied to the foreign exchange administration department of the original residence of the immigrant or the residence of the deceased.

● "One-time application and step-by-step remittance" If the transfer of immigrant property exceeds RMB 200,000 (including RMB 200,000), the method of "one-time application and step-by-step remittance" shall be adopted.

● If the application amount exceeds the equivalent of RMB500,000 (including RMB500,000), it must be reported to the State Administration of Foreign Exchange for approval.

Applicants include:

Before obtaining immigration status, natural persons who emigrated or settled in Hong Kong and Macao Special Administrative Regions from the mainland of China may apply for realizing their lawful property in China and purchasing foreign exchange for remittance abroad. Foreign citizens and residents of Hong Kong and Macao Special Administrative Regions may apply for realizing the legally inherited domestic heritage and purchasing foreign exchange for remittance abroad. These Measures shall apply mutatis mutandis to the transfer of personal property to Taiwan Province Province.

Transfer more than 200,000 yuan:

In order to prevent the balance of payments risks that may be caused by the transfer of a large number of personal property, the Interim Measures require that the transfer of immigrant property exceeding a certain amount (equivalent to 200,000 yuan) must be "applied once and remitted step by step", and at the same time, graded approval should be set according to the amount of application. In addition, in extraordinary times, the People's Bank of China can adjust the limit of personal property transfer and remittance frequency according to the international balance of payments.

Transfer over 500,000 yuan:

The transfer of personal property to the outside world shall be uniformly applied to the foreign exchange administration department of the original residence of the immigrant or the residence of the decedent before his death. If the application amount is less than the equivalent of 500,000 yuan, it shall be examined and handled by the branches and sub-bureaus of the State Administration of Foreign Exchange (Foreign Exchange Management Department); If the equivalent amount is more than 500,000 yuan (including 500,000 yuan), all branches (foreign exchange management departments) shall report to the State Administration of Foreign Exchange for examination and approval after preliminary examination.

According to Xinhua News Agency (Beijing 165438+1October16), the People's Bank of China recently issued the Interim Measures for the Administration of Sale and Payment of Foreign Exchange of Personal Property in order to meet the reasonable demand for the external transfer of personal legal property and facilitate and standardize the external transfer of personal property. This method will be officially implemented on 65438+February 1 day, which also means that there will be rules to follow in the external transfer of personal legal property.

The relevant person in charge of the People's Bank of China said that the Interim Measures clarified the relevant foreign exchange management policies for the purchase and transfer of immigrant property and inherited property, which is of great significance for protecting the legitimate property rights of individuals and promoting the convertibility of RMB capital projects.

The outward transfer of personal property mentioned in the Interim Measures includes two types: first, the transfer of immigrant property, that is, the act of realizing the legal property owned in China, purchasing foreign exchange and remitting it abroad before obtaining immigration status, which is carried out by natural persons who have migrated from the mainland of China or settled in Hong Kong and Macao Special Administrative Regions; The second is the transfer of inherited property, that is, foreign citizens and residents of Hong Kong and Macao Special Administrative Regions will realize the legally inherited domestic heritage and purchase foreign exchange and remit it abroad. These Measures shall apply mutatis mutandis to the transfer of personal property to Taiwan Province Province. Other forms of personal property transfer do not belong to the scope of these measures.

The "Interim Measures" clarify that the property that the applicant applies for foreign transfer shall be his own legal property and shall not have disputes with others; The foreign exchange bureau does not accept applications for foreign transfer of property restricted by judicial and regulatory authorities according to law, as well as applications for foreign transfer of property that cannot be transferred according to law, property whose legal source cannot be proved, and property involving unresolved criminal or civil litigation cases.

The "Interim Measures" stipulates that the transfer of personal property to the outside world shall be uniformly applied to the foreign exchange administration department where the immigrant's original household registration is located or where the deceased's household registration is located before his death. The application can be handled by yourself or by others. If the application amount is less than the equivalent of 500,000 yuan, it shall be examined and handled by the branches and sub-bureaus of the State Administration of Foreign Exchange (Foreign Exchange Management Department); If the equivalent amount is more than 500,000 yuan (including 500,000 yuan), all branches (foreign exchange management departments) shall report to the State Administration of Foreign Exchange for examination and approval after preliminary examination.

The "Interim Measures" also stipulates that if the property transfer of immigrants exceeds 200,000 yuan (including 200,000 yuan), the method of "one-time application and step-by-step remittance" shall be adopted, that is, the applicant must apply for all the property to be transferred out of the country at one time and remit all the property step by step within two years. All the property inherited from the same decedent can be remitted in one time or several times only by one-time application. However, the property inherited by the same heir from different decedents shall be reduced or exempted separately.