Income Tax Law of the People's Republic of China on Enterprises with Foreign Investment and Foreign Enterprises
Updated: 2006-04-17 15:07 If the party concerned is not satisfied with the decision on punishment
by the tax authorities, it may, within fifteen days from the date of receipt of
the notification on punishment, apply for reconsideration to the tax authorities
at the next higher level than that which made the decision on punishment. Where
the party is not satisfied with the decision made after reconsideration, it may
institute legal proceedings in the people's court within fifteen days from the
date of receipt of the decision made after reconsideration.
The party
concerned may, however, directly institute legal proceedings in the people's
court within fifteen days from the date of receipt of the notification on
punishment. If the party concerned neither applies for reconsideration to the
higher tax authorities, nor institutes legal proceedings in the people's court
within the time limit, nor complies with the decision on punishment, the tax
authorities which made the decision on punishment may apply to the people's
court for compulsory execution.
Article 27
Where any enterprise with foreign investment which was
established before the
promulgation of this Law would, in accordance with the
provisions of this Law, otherwise be subject to higher tax rates or enjoy less
preferential treatment of tax exemption or reduction than before the entry into
force of this Law, in respect to such enterprise, within its approved period of
operation, the law and relevant regulations of the State Council in effect
before the entry into force of this Law shall apply. If any such enterprise has
no approved period of operation, the law and relevant regulations of the State
Council in effect before the entry into force of this Law shall apply within the
period prescribed by the State Council. Specific measures shall be drawn up by
the State Council.
Article 28
Where the provisions of a tax agreement concluded between the
government of the People's Republic of China and a foreign government are
different from the provisions of this Law, the provisions of the agreement shall
prevail.
Article 29
Rules for implementation shall be formulated by the State
Council in accordance with this Law.
Article 30
This Law shall enter into force on July 1, 1991. The Income
Tax Law of the People's Republic of China on Chinese-foreign Equity Joint
Ventures and the Income Tax Law of the People's Republic of China on Foreign
Enterprises shall be annulled as of the same date.
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