TAXATION
 

Foreign invested enterprises and foreign enterprises are liable to such kinds of taxes as corporate income tax, value added tax, consumption tax, business tax, vehicle and vessel license tax, stamp tax, native farming and forestry produce tax, animal slaughter tax, city real estate tax and land value added tax in China. Customs duty is levied on imports and exports. Any individual working in the
territory of China is liable to individual income tax.

1. Corporate income Tax

Foreign invested enterprises (Sino-foreign equity joint ventures, Sino-foreign contractual joint entures and solely foreign invested enterprises) and foreign enterprises which have their organizations established in the Chinese territory and are engaged in production and business are subject to orporate income taX at a rate of 30% and local income tax at a rate of 3%. Foreign invested
enterprises in Pudong New Area are exempt from local income tax until the end of year 2000.

The manufacturing type foreign invested enterprises in Shanghai pay income tax at a reduced rate of 24%, and those in the economic and technological development zones of Shanghai and Pudong New Area pay income tax at a reduced rate of 15%. A 20% income tax shall be levied on the income derived from profits, interests, rentals, royalties and other sources in China by foreign enterprises which have no establishments in China. The above mentioned enterprises enjoy a reduced income tax rate of 10% in Shanghai (known internationally as withholding tax which is paid in advance by the disburser). The enterprises which provide fund or equipment on favourable terms or which transfer advanced technologies can enjoy further preferential treatment in terms of income tax reduction or exemption upon approval of municipal government.

Income Tax rate for Foreign Invested Enterprises in Shanghai

Tax

Tax Rate

areas other than the development zones

Pudong New Area and development zones

in a normal year

manufacturing
enterprise 24%

manufacturing
enterprise 15%

tax
exemption
and
reduction
period

first and second
years after making
profit

Income tax is exempted for enterprises with business
period of over 10 years

third,fourth and fifth years after making profit

24%*0.5=12%

15%*0.5=7.5%

Extension of tax exemption and reduction period

Technologically
advanced enterprises
enjoy tax reduction by
50% for 3 more years
Tax rate for technology
intensive and knowledge
intensive enterprises
during their whole perid
of operations

24%*0.5=12%

10%

tax reduction in a specific year

When the export value of an enterprise reaches 70% or more of its total output in a certain year,the enterprise can enjoy 50% reduction of its tax in that said year

24%*0.5=12%

10%

in a nomal year

3%

tax exemption for foreign invested enterprise before year 2000

tax holidays

first and second years after making profit

tax exemption

tax exemption in a specific year

export-oriented enterprises
when the export value of an enterprises reaches 70% ormore of its total output in a certain year,the tax can be exempted in that year

when sending pros abroad

free of tax

Note:1.The Corporate Income Tax rate of a non-manufacturing enterprise is 30%.The Local lncome Tax rate of a non-manufacturing enterprise is 3%.

2.For a foreign invested enterprise engaged in the building of municipal infrastructure with its business period of over l5 years,corporate income tax can exempted for the first five years after making profits,and the corporate income tax can be reduced by 50% for the second five years.

3.For a foreign invested enterprise carrying on building infrastructure in Pudong New Area, the corporate income tax rate is l5%.

2. Value Added Tax, Consumption Tax and Business Tax

Previously, incomes of foreign invested enterprises derived from sales of their industrial products, commercial retails, improtation of goods, transportation and other services were subject to the industrial and commercial consolidated tax. The minimum rate was 1.5% and the maximum was 55% (excluding tobacco and alcohol).

On december 29th, 1993, a resolution was passed at the 5th session of the 8th National People's Congress. It stated that before relevant laws were promulgated, the provisional regulations Promulgated by the State Council on value added tax, consumption tax and business tax shall be applicable to foreign invested enterprises as ofjanuny 1st, 1994. In the meantime, the ind ustrial and commercial consolidated tax was abolished. If a foreign invested enterprise established before December 31st, 1993 incurred extra burden due to the fact that in lieu of industrial and commercial consolidated tax it started to pay value added tax, consumption tax and business tax, it can get a rebate for the extra burden it paid for a period of no more than 5 years within its approved operational period or for a period of no more than 5 years if the enterprise does not have stipulated operational period upon application by the enterprise and approval by the taxation authority,

1) Value Added Tax

Enterprises or individuals who sell commodities, engage in repair and maintenance or import and export business in the territory of China are subject to value added tax in line with Chinese laws. The standard rate for value added tax is 17%, but the rate for a few commodities such as grain, cooking oil, running water, forage, fertilizer, pesticide, and farming machinery is 13%.

2) Consumption Tax

Product, processing and importation of the following 11 commodities in the territory of China are subject to consumption tax: tabacco, alcoholic drinks or alcohol, cosmetics, skin and hair care products, jewellery, fireworks, gasoline, diesel, automobile tyre, motorcycle and motorcar. Consumption tax is calculated in two ways. One way is to calculate according to quantity (gasoline is RMB 0.20 per litre). The other is to set tax rate according to the price of commodities (the rate for motorcar with its engine cylinder capacity under 2,200ml is 8%).

3) Business Tax

Enterprises or individuals whose businesses are in the sectors of transportation, post and telecommunication, finance and insurance, construction. art, sports, entertainment, and services, or who transfer incorporeal properties, sell immovables in the territory of China are subject to business tax. Business tax rate is 3% or 5%. But the tax rate for entertainment sector is 10% or 15%.

3. Stamp Tax

Activities involving purchases and sales, processing, contracting, leasing, transportation, storage, loan lending, property insurance, technology contract and property transfer vouchers, business account books and licenses are subject to stamp tax. The minimum rate of a stamp tax is 0.005% and the maximum is 0.1%. For licenses and business account books (not including the account books for stating funds), stamps shall be sticked on to each pieces. The price is RMB 5 a piece.

4. City Real Estate Tax

The tax is levied at an annual rate of 1.2% on the original value of the real estate, after 20% is deducted therefrom. The tax rate is 12% if it is levied on the rental income. The newly constructed houses, which are built by the relevant foreign-invested enterprises themselves or purchased by the relevant foreign- invested enterprises in Pudong New Area and Economic and Technological Development Zones, shall be exempt from real estate tax for 5 years as of the month of completion of construction or purchase.

5. Vehicle and Vessel Licence Tax

All the vehicles owned and used by foreign invested enterprises are subject to this tax according to "The Interim Regulations on the Vehicles and Vessels Operation Licence Tax". The tax rates are as follows:

The Tax Rates of Vehicles and Vessel Licence

Category
Type
Unit
Anual tax
yable
Motor
Vehicles
Passenger cars
Vehicle
RMB320
Trucks
Ton
RMB60
Motorcycle
2 wheels
Vehicle
RMB60
3 wheels
Vehicle
RMB80
Light-Duty
Motorcycle
Vehicle
RMB20
Temporary Licence
Ten days constiture a session.For each session at 3% of the tax of the said vehicle.
If it is used for less than 10 days,it is regarded as 10 days.

 

6. Individual income Tax

(1) The individul income, such as wages and salaries of foreigners working in China shall be taxed at the following progressive rates:

Individual Income Tax rates
(applicable to wages and salaries)

Grade
Monthly Income Taxable(RMB)
Tax Rates(%)
1
The section less than 500
5
2
The section from 500 plus to 2,000
10
3
The section from 2,000 plus to 5,000
15
4
The section from 5,000 plus to 20,000
20
5
The section from 20,000 plus to 40,000
25
6
The section from 40,000 plus to 60,000
30
7
The section from 60,000 plus to 80,000
35
8
The section from 80,000 plus to 100,000
40
9
The section exceeding 100,000
45

Note: The Monthly Income Taxable refers to the remaining sum of an individual's monthlincomafter RMB 800 or an extra deductible sum is deducted as stipulated by Article 6 of the Law on Individual Income Tax. With regard to a foreigner, it refers to the remaining sum of his monthlyincomafte RMB 4,000 is deducted.

(2) Individual income tax shall also be levied on those who have income derived from working in any of the following service businesses in the territory of China: design, decoration, installation, drafting, chemical analysis, testing, medicine, law, accounting, consulting, giving lecture, press, radio broadcasting, translation, examination and checking of manuscript, writing, painting, sculpture carving, movie and television, audio recording, video recording, performance, display, advertising, exhibition, technical service, introduction service, brokerage service, agency service, and others. The income taxable each time is the remaining sum of the income after RMB 800 is deducted if the said income is under RMB 4,000. If the said income is over RMB 4,000, 20% of the income shall be deducted and the remaining sum is the amount taxable. The tax rate is 20%. If an individual's income taxable is over RMB 20,000 but under RMB 50,000, the tax rate to the part which exceeds RMB 20,000 shall be increased by 50% from its original rate. The tax rate to the part which exceeds RMB 50,000 shall be increased by 100% from its original tax rate.

ATTACHMENT:
DEED TAX

When transferring the ownership of land and houses in the territory of the People's Republic of China, any organization or individual on the receiving end is subject to deed tax. The transfer of ownership of land and houses refers to:1) the grant of land use right by the state (not including the transfer of management right of the rural collective land); 2) transfer (including selling, bestowal and exchange) of land use right; 3) sale and Purchase of houses; 4) bestowal of houses; 5) exchange of houses.

The tax rate is 3-5%, determined by provincial, autonomous region, or municipal governments cording to their actual situation and registered with the State Finance Ministry and the State Council for file.


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