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(1) Enterprise Income Tax The income tax on enterprises with foreign
investment established in Special Economic Zones, foreign enterprises which have
establishments or places in Special Economic Zones engaged in production or
business operations, and on production-oriented enterprises with foreign
investment in Economic and Technological Development Zones, shall be levied at
the reduced rate of fifteen percent. The income tax on production-oriented
enterprises with foreign investment established in coastal economic open zones
or in the old urban districts of cities where the Special Economic Zones or the
Economic and Technological Development Zones are located, shall be levied at the
reduced rate of twenty-four percent. The income tax on enterprises with
foreign investment engaged in energy resource, transportation, port, and dock
projects may be levied at the reduced rate of fifteen percent with the approval
of the State Administration of Taxation. Any enterprise with foreign
investment of a production nature scheduled to operate for a period of not less
than ten years shall, from the year beginning to make profit, be exempted from
income tax in the first and second years and allowed a fifty percent reduction
in the third to fifth years. However, the exemption from or reduction of income
tax on enterprises with foreign investment engaged in the exploitation of
resources such as petroleum, natural gas, rare metals, and precious metals shall
be regulated separately by the State Council. Chinese-foreign equity joint
ventures engaged in port and dock construction where the period of operations is
15 years or more shall, following application by the enterprise and approval
thereof by the tax authorities of provinces, autonomous regions, or
municipalities directly under the Central Government of the location and
commencing with the first profit-making year, be exempt from enterprise income
tax from the first year to the fifth year and subject to enterprise income tax
at a rate reduced by one half for the sixth year through the tenth year. Any
enterprise with foreign investment which is engaged in agriculture, forestry or
animal husbandry and any other enterprise with foreign investment which is
established in remote underdeveloped areas may, upon approval by the competent
department for tax affairs under the State Council of an application filed by
the enterprise, be allowed a fifteen to thirty percent reduction of the amount
of income tax payable for a period of another ten years following the expiration
of the period for tax exemption or reduction. Export-oriented enterprises
invested in and operated by foreign businesses for which in any year the output
value of all export products amounts to 70% or more of the output value of the
products of the enterprise for that year, may pay enterprise income tax at the
tax rate specified in the Tax Law reduced by one half after the period of
enterprise income tax exemptions or reductions has expired in accordance with
the provisions of the Tax Law. However, export-oriented enterprises in the
special economic zones and economic and technological development zones and
other such enterprises subject to enterprise income tax at the tax rate of 15%
that qualify under the above-mentioned conditions shall pay enterprise income
tax at the tax rate of 10%. Advanced technology enterprises invested in and
operated by foreign businesses which remain advanced technology enterprises
after the period of enterprise income tax exemptions or reductions has expired
in accordance with the provisions of the Tax Law may continue to pay for an
additional three years enterprise income tax at the tax rate specified in the
Tax Law reduced by one half. Losses incurred in a tax year by any enterprise
with foreign investment and by an establishment or a place set up in China by a
foreign enterprise to engage in production or business operations may be made up
by the income of the following tax year. Should the income of the following tax
year be insufficient to make up for the said losses, the balance may be made up
by its income of the further subsequent year, and so on, over a period not
exceeding five years. (2) Individual Income Tax For foreign nationals
working in the enterprises with foreign investment or foreign enterprises set up
in China, their taxable income is the balance of their monthly income after the
additional deductions for expenses RMB 3200 in addition to a monthly deduction
for expenses of RMB 800. (3) Profit The profits that foreign investors
make from the enterprises with foreign investment are exempt from the income
tax. (4) Importing Equipment When the encouraged projects in Catalogue
for the Guidance of Foreign Investment Industries import equipment for self use
within the total investment (including technology, fittings and spare parts
along with equipment imported in accordance with contacts) except for the
commodities listed in Catalogue of Non-Duty-Free Commodities Imported for
Foreign-Funded Projects, they shall be exempted from the customs duties and
value-added tax for import linkages. In case of the
foreign-funded enterprises of encouraged categories, foreign-funded research and
development centers and the technological innovation of foreign-funded
technically advanced enterprises or foreign-funded enterprises which have been
established, if they import within the prescribed scope of production and
management self-used equipment, supporting parts, auxiliaries and relative
technology that the local enterprises can't produce or supply or the local
products performance can not meet their requirement, they shall be exempted from
the customs duties and value-added tax for import linkages in accordance with
Circular of the State Council on the Adjustment of Tax Policy on Equipment
Imports (Guo Fa [1997] No. 37). If foreign-funded enterprises import
equipment for self use, as well as technology, fittings and spare parts along
with equipment imported in accordance with contracts in order to manufacture the
commodities listed in the Catalog of the State High-tech Products, these items,
except the ones listed in Catalogue of Non-Duty-Free Commodities Imported for
Domestic Investment Projects (Guo Fa [1997] No. 37), shall be exempted
from the customs duties and value-added tax for import linkages. (5)
Purchasing Domestic Equipment For investment projects whose capital of
foreign investors reaches 25% or above of the capital paid-up by all the
investors of the foreign-funded enterprises and which also accord with the
encouraged type in Catalogue for the Guidance of Foreign Investment Industries
and Catalogue of Key Industries, Products and Technologies Encouraged for
Development by the State, the unused domestic equipment purchased by
foreign-invested enterprises with currency in China (including part of plastic,
rubber, ceramic and porcelain accessories and pipes used in petrochemical
projects bought together with the equipment and listed in purchase contracts ),
will enjoy all value-added tax refund. As to the equipment listed in
Catalogue of Non-Duty-Free Commodities Imported for Foreign-Funded Projects and
Catalogue of Non-Duty-Free Commodities Imported for Domestic Investment Projects
and purchased in China, foreign-invested enterprises can not enjoy favorable tax
refund policy. (6) Reinvestment Any foreign investor of an enterprise
with foreign investment which reinvests its share of profit obtained from the
enterprise directly into that enterprise by increasing its registered capital,
or uses the profit as capital investment to establish other enterprises with
foreign investment to operate for a period of not less than five years shall,
upon approval by the tax authorities of an application filed by the investor, be
refunded forty percent of the income tax already paid on the reinvested amount.
Where foreign investors invest directly to organize and expand
export-oriented or advanced technology enterprises within the boundaries of
China, the entire portion of enterprise income tax that has already been paid
for on the reinvested amount may, in accordance with the provisions of the State
Council, be refunded. (7) Fixed Assets Depreciation For the fixed assets,
if the depreciation period needs to be shortened due to special reasons, the
enterprise can file an application, which will be submitted to the State
Administration of Taxation for approval level by level after the examination and
verification of the local tax bureaus. Such fixed assets include: 1.
Machines and equipment severely eroded by acid and alkali, as well as factory
buildings under perennial shocks or vibration; 2. Machines and
equipment in a perennial state of running for improving the utilization
frequency and strengthening the use intensity; 3. Fixed assets which will
belong to the Chinese side after the cooperation expires and the cooperation
period of Chinese-foreign contractual joint venture is shorter than the
depreciation period stipulated by Article 35 of the Detailed Rules. (8)
Miscellaneous Royalty derived from offering specialized technology for
scientific research, exploiting energy resources, developing traffic, improving
agriculture, forestry and animal husbandry, as well as developing important
technologies, can be taxed at a reduced rate of 10% with the approval of the
competent tax departments under the State Council. If the technologies provided
are advanced or the terms are favorable, the income tax can be exempted. The
income derived from technology transfer, technology development and their
related technology consultation and technology service offered by the units or
individuals (including enterprises with foreign investment, the research and
development centers invested and set up by foreign investors, foreign
enterprises and foreign nationals) shall be exempt from the business tax.
The software charge paid abroad by foreign-funded enterprises for
introducing into advanced technologies listed in Catalogue of the State
High-tech Products in accordance with the contracts shall be exempted from the
customs duties and value-added tax for import linkages. In the enterprises
where technology development fee occurred within the Chinese territory for the
year has increased by over 10% (including 10%) than that for the previous year,
they shall be permitted, upon examination and approval by the taxation
authorities, to re-offset 50% of the technology development fee actually used
for the year for the taxable income for the same year. In the enterprises where
technology development fee has increased by over 10% than that for the previous
year, and 50% of the amount actually used by the enterprises is higher than the
taxable income for this year, the enterprises may be permitted to offset the
portion which is not exceeding their taxable income; for the exceeding portion,
they shall not be allowed to offset in this year or for the succeeding years.
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