("Income Tax Law of the People's Republic of
China on Enterprises with Foreign Investment and Foreign Enterprises" is adopted
at the Fourth Session of the Seventh National People's congress on April 9,
1991, and is promulgated. This law will be effective as of July 1,
1991.)
Chapter I General Provisions
Article 1
Income tax
shall be paid in accordance with the provisions of this Law by enterprises with
foreign investment within the territory of the People's Republic of China on
their income derived from production, business operations and other
sources.
Income tax shall be paid in accordance with the provisions of this
Law by foreign enterprises on their income derived from production, business
operations and other sources within the territory of the People's Republic of
China.
Article 2
"Enterprises with foreign investment" referred to in this Law
mean Chinese-foreign equity joint ventures, Chinese-foreign contractual joint
ventures and foreign-capital enterprises that are established in
China.
"Foreign enterprises" referred to in this Law mean foreign companies,
enterprises and other economic organizations which have establishments or places
in China and engage in production or business operations, and which, though
without establishments or places in China, have income from sources within
China.
Article 3
Any enterprise with foreign investment which establishes its
head office in China shall pay its income tax on its income derived from sources
inside and outside China. Any foreign enterprise shall pay its income tax on its
income derived from sources within China.
Article 4
The taxable income of an enterprise with foreign investment and
an establishment or a place set up in China to engage in production or business
operations by a foreign enterprise, shall be the amount remaining from its gross
income in a tax year after the costs, expenses and losses have been deducted.
Article 5
The income tax on enterprises with foreign investment and the
income tax which shall be paid by foreign enterprises on the income of their
establishments or places set up in China to engage in production or business
operations shall be computed on the taxable income at the rate of thirty
percent, and local income tax shall be computed on the taxable income at the
rate of three percent.
Article 6
The State shall, in accordance with the industrial policies,
guide the orientation of foreign investment and encourage the establishment of
enterprises with foreign investment which adopt advanced technology and
equipment and export all or greater part of their products.
Article 7
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 enterprises with foreign investment of a production
nature in Economic and Technological Development Zones, shall be levied at the
reduced rate of fifteen percent.
The income tax on enterprises with foreign
investment of a production nature 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 in coastal economic open zones, in the old urban districts of
cities where the Special Economic Zones or the Economic and Technological
Development Zones are located or in other regions defined by the State Council,
within the scope of energy, communications, harbour, wharf or other projects
encouraged by the State, may be levied at the reduced rate of fifteen percent.
The specific measures shall be drawn up by the State Council.
Article 8
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. Enterprises with foreign investment which have actually
operated for a period of less than ten years shall repay the amount of income
tax exempted or reduced already.
The relevant regulations, promulgated by
the State Council before the entry into force of this Law, which provide
preferential treatment of exemption from or reduction of income tax on
enterprises engaged in energy, communications, harbour, wharf and other major
projects of a production nature for a period longer than that specified in the
preceding paragraph, or which provide preferential treatment of exemption from
or reduction of income tax on enterprises engaged in major projects of a
nonproduction nature, shall remain applicable after this Law enters into
force.
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 as
provided for in the preceding two paragraphs.
After this Law enters into
force, any modification to the provisions of the preceding three paragraphs of
this Article on the exemption from or reduction of income tax on enterprises
shall be submitted by the State Council to the Standing Committee of the
National People's Congress for decision.
Article 9
The exemption from or reduction of local income tax on any
enterprise with foreign investment which operates in an industry or undertakes a
project encouraged by the State shall, in accordance with the actual situation,
be at the discretion of the people's government of the relevant province,
autonomous region or municipality directly under the Central Government.
Article 10
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 regulations of
the State Council provide otherwise in respect of preferential treatment, such
provisions shall apply. If the investor withdraws its reinvestment before the
expiration of a period of five years, it shall repay the refunded tax.
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