Is it a crime to transfer assets overseas?

Many times, some people may get a lot of money through some illegal means. Domestic foreign exchange management is very important. Some people will choose to transfer assets in order to avoid tax rates, and the risk of transfer is great. So is it a crime to transfer assets overseas? 1. Is it a crime to transfer assets overseas?

If you transfer assets privately, it is illegal to transfer a huge amount.

According to the Interim Measures for the Administration of Foreign Transfer, Sale and Payment of Personal Property

Article 5 An applicant shall apply to the foreign exchange administration branch and the foreign exchange administration department (hereinafter referred to as the local foreign exchange bureau) where the immigrant's original household registration is located. The applicant shall apply to the foreign exchange bureau where the decedent was registered before his death for inheritance and transfer. The central branch of the State Administration of Foreign Exchange where the applicant is located may accept the application materials on his behalf.

Article 6 When immigrants transfer, the total amount of property that needs to be transferred out of the country at one time shall be remitted step by step. The amount that can be remitted for the first time shall not exceed half of all the property applied for transfer; After the first remittance of 1 year, the remaining property cannot be remitted more than half; After 2 years from the first remittance, all the remaining property can be remitted. If all the properties applied for transfer are less than RMB 200,000 (including RMB 200,000), they can be remitted once approved.

If all the property inherited from the same decedent is to be transferred out of the country after being realized, it must be applied in one lump sum, and it can be remitted 1 time or by stages. Property inherited by heirs from different decedents shall be separately applied for and remitted.

Article 7 An application for transferring property abroad may be handled by itself or by entrusting others.

Second, what will happen to the transfer of assets caused by the collapse of enterprises?

According to the provisions of Article 35 of the Bankruptcy Law, during the period from six months before the people's court accepts the bankruptcy case to the date of bankruptcy declaration, the act of concealing the property of the bankrupt enterprise is invalid, and the liquidation group has the right to apply to the people's court for recovering the property. The recovered property is incorporated into the bankruptcy property. Shareholders who withdraw their capital contributions in the form of loans shall be investigated and dealt with by the industrial and commercial bureau, and serious cases may be handed over to the public security organs for handling.

What are the revocable acts of malicious transfer of property?

1. The following property transfer behaviors within one year before the bankruptcy application is accepted are revocable behaviors.

If the debtor transfers the property free of charge, trades at an obviously unreasonable price, provides property guarantee for the debts without property guarantee, and pays off the unexpired debts in advance, the creditor's rights due are abandoned.

2. The following property transfer acts within six months before the bankruptcy application is accepted are revocable acts.

When the debtor is unable to pay off due debts, and its assets are insufficient to pay off all due debts or obviously lack solvency, the debtor still pays off individual debts. However, when the debt is paid off and the debtor's property can be increased, it can be paid off.

3. Is it illegal for a legal person to transfer assets?

The crime of withdrawing capital contribution in violation refers to the fact that the promoters and shareholders of a company violate the provisions of the Company Law by not delivering money, goods or transferring property rights, or withdrawing capital contribution after the establishment of the company, with huge amount and serious consequences or other serious circumstances. If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined for making false capital contributions or for withdrawing capital contributions of not less than 2% but not more than 7%; If a unit commits this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

The above is the legal knowledge about whether overseas transfer of assets is a crime. To sum up, the transfer of assets depends on the transfer, and it is generally illegal to transfer without permission.