In this explanation, the core is "illegally engaged in fund payment and settlement" and "illegally buying and selling foreign exchange". In short, it is underground banks that illegally trade.
As can be seen from the above, in fact, the Interpretation does not mention the relevant provisions of buying a house overseas, but only clarifies the identification and sentencing standards for illegal trading of foreign exchange.
To stipulate that illegal trading in foreign exchange, such as trading in foreign exchange in disguised form, shall be convicted and punished for the crime of illegal business operation; At the same time, the identification criteria of "serious circumstances" and "particularly serious circumstances" in illegal foreign exchange trading have been improved.
Buying a house overseas is not only a personal act, but also a commercial act. Sources of funds include overseas legal assets of individuals and enterprises and legal foreign exchange leaving the country.
For people and enterprises that have housing and office needs overseas, the demand for overseas home purchase is reasonable and legal, and it is by no means a simple judgment that "overseas home purchase is illegal".
Buying a house is a big deal, and you can't take it lightly. When choosing a formal platform and consulting a professional company, we must thoroughly understand the different laws and regulations of each country.
However, if we give up overseas asset allocation from now on, it is totally unnecessary. According to statistics, at present, 40% of the middle class are interested in buying a house overseas. Under the premise of observing relevant laws and regulations, it is completely safe to choose legal channels.
legal ground
Article 2 of the Interim Measures for the Administration of Foreign Transfer, Sale and Payment of Personal Property
The term "external transfer of personal property" as mentioned in these Measures includes the transfer of immigrant property (hereinafter referred to as immigration transfer) and the transfer of inherited property (hereinafter referred to as inheritance transfer). Immigrant transfer refers to the act of a natural person (hereinafter referred to as an immigrant) who emigrated or settled in the Hong Kong Special Administrative Region and the Macao Special Administrative Region from the mainland of China, realizing his legal property in China before obtaining immigration status, and purchasing foreign exchange through a designated foreign exchange bank and remitting it abroad. Inheritance and transfer refers to the behavior that foreign citizens or residents of Hong Kong Special Administrative Region and Macao Special Administrative Region (hereinafter referred to as heirs) realize the legally inherited domestic heritage and remit it abroad through designated foreign exchange banks.