Details are as follows:
1. When an individual opens a new account in a financial institution, the financial institution shall obtain the tax resident identity declaration document signed by the account holder to identify whether the account holder is a non-resident individual. The concept of tax residents is different from the concept of residents in residential management regulations. The identification standard of tax resident status is complicated, which cannot be directly judged by ordinary resident identity documents, so individuals and institutions that need to open accounts declare their tax resident status themselves;
2. Financial institutions shall review the rationality of statement documents according to account opening data, including statement documents collected through anti-money laundering customer identification procedures or public information, mainly to confirm whether the information filled in is obviously inconsistent with other information. If you are a tax resident of China, you only need to check "China tax resident" when filling out the declaration documents. If the account holder is an individual tax resident in China, financial institutions will not collect and submit relevant account information, nor will they exchange it with other countries and regions;
3. Financial institutions shall review the rationality of statement documents according to account opening data, including data collected through anti-money laundering customer identification procedures, mainly to confirm whether the information filled in is obviously inconsistent with other information. When a financial institution considers that the statement document contains unreasonable information, it shall require the account holder to provide a valid statement document or explain it. No account may be opened without providing valid declaration documents or reasonable explanations. If it is recognized as a non-resident individual, the financial institution shall collect and record the required information. If a financial institution knows or should know that the information in the original declaration document is inaccurate or unreliable due to the change of the newly opened personal account, it shall require the account holder to provide a valid declaration document. If the account holder fails to provide the declaration documents within 90 days from the date when he is required to do so, the financial institution shall manage his account as a non-resident account.
legal ground
People's Republic of China (PRC) tax collection management law
Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development. Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law. Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council. No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations. Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers. Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.