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Provision Concerning Taxes and other
Fares for Foreign-funded Enterprises
£±. Taxes Required to be Paid by Foreign-funded Enterprised
1.1 Value Added Tax(VAT)
There are three types of rate for VAT:
For sales or import of goods and providing service
of processing and
repair,the tax rate is 17%. For sales or import of grain,edible oil,coal
gas,
natural gas,coal products for civil use,books,newspapers,magazines,etc.,the
tax rate is 13%.
For export goods,except for those that the State
Council has special
provisions,the tax rate is 0.
For enterprises and individuals engaged in production
or providing
taxable labor service with an annual sales volume under RMB 1 million,those
engaged in whole sale and retailing with an annual sales volume under
RMB
1.8 million,and thsoe designatd by the tax authority as small VAT payers,the
tax rate is 6%.
1.2 Consumption Tax
Consumption tax has in all 11 tax items and 25 tax
rates(tax volumes),
from the lowest 3% to the highest 5%. The tax rate should be decided
by
prices in the production process while for yellow rice wine,beer,petrol
and
diesel oil,the tax volume is decided by its quantity.The taxable export
consumer goods,except those subject to special State provisions,should
be
exempt from consumption tax.
1.3 Business Tax
There ate 9 business tax rates,ranging from 3%(communications
and
transportation industry) to 20%(recreation endustry).The temporary
tax rate
for recreation industry in Beijing is 10%.
1.4 Income Tax
In the administrative area of Beijing, the tax rate
of foreign-funded
enterprises of a production nature with an operation term over 10 years
is
reduced to 24%. They shall be exempt from this tax in the first two
profitable years and allowed a 50% reduction in the following three
years.
* Foreign-funded enterprises engaged in farming,forestry
and husbandry
may apply to the State Tax Bureau for a 15% to 30% reduction in income
tax
for 10 years after the expiration of the two-year income tax exemption
and
the three-year reduction period.
* Foreign-funded production enterprises located in Beijing
Economic and
technological Development Zone shall be levied at a reduced rate of
15%,
and shall be exempt from this tax for two years starting from its first
profitable year and allowed a reduction of 50% of this tax(7.5%) in
the next
three years.
*Hi-tech enterprises set up in Beijing Hi-tech Industry Experimental
Zone
shall be exempt from this for three years from the date it gets the
business
license and allowed a reduction of 50% of this tax(7.5%) in the next
three
years.
* After application of the enterprise and approval from the
tax authority,
the elected technologically advanced enterprises may enjoy extension
for
another three years of 50% income tax reduction after the expiration
of its
exemption and reduction period of income tax.But if the reduced rate
is lower
than 10%,the income tax should be levied at the rate of 10%. After
the
expiration of the exemption and reduction period of income tax,export-oriented
enterprises whose annual export volume amounts to 70% or higher of
the
annual output value,may enjoy 50% income tax reduction for that year.
Foreign-funded production enterprise which operate technology
intersive
projects,with a foreign investment over US$30 million which need a
long
period to retrieve, and which are engaged in projects of energy, communications
and construction of harbor ,may enjoy a reduced income tax rate of
15%, with
the approval of the State Tax Bureau.
* Foreign investors in a foreign-funded enterprise, who
reinvest the net
profits directly in other enterprises in China for an operation term
of no
less than five years,shall obtain a refund of 40% of the income tax
paid on
the amount of reinvestment.Foreign investors who reinvest their directly
owned net profits in the technologically advanced enterprises or export-oriented
enterprises for an operation term no less than five years,may obtain
a refund
of all the income tax paid on the amount of reinvestment.
* New technology enterprises,technologically advanced enterprises
and
export-oriented enterprises are exempt from local income tax.Foreign-funded
production enterprises with an operation term over 10 year shall enjoy
exemption from local income tax in the first five profitable years
and a 50%
reduction in the following five years.
1.5 Land Appreciation Tax
Land Appreciation Tax has four levels of progressive
tax rate.
* For the part of increased value that does not surpass
50% of the
deduction of fixed items, the tax rate is 30%.
* For the part of increased value that surpasses 50% but
no more than
100% of the deduction of fixed items,the tax rate is 40%.
* For the part of increased value that surpasses 100%
but no more than
200% of the deduction of fixed items,the tax rate is 50%.
* For the Part of increased value that surpasses 200%
of the deduction of
fixed items, the tax rate is 60%.
The surplus amount of the Land Appreciation Tax payer's
income from
real estate transfer subtracting the fixed amount of deduction is the
volume
of increased value.
Fixed items for deduction:
The amount of money paid for the right to use the land;the
development
cost of the land; the cost and fees for new house building and the
accessory
equipment,or the assessed value for the old houses and buildings;the
relevant
taxes on real estate transfer as required by the Ministry of Finance.
In the calculation of Land Appreciation Tax, for expenses related
to real
estate development,such as sales expenses,financial expensses,management
expenses should be 10% of the total real estate cost.
1.6 Tax on Building Property
The owner or renter (agent and user in case it is unidentifiable)is
the
tax payer.
The building property of foreign-funded enterprises and of foreign
personnel
should be levied quarterly at an annual tax rate of 1.2%. And they
may enjoy
a 30% reduction of assessed tax.
1.7 Stamp Tax
The taxable instruments:
Contracts or agreements on buying and selling, processing,building
projects,
leasing,goods transport,storange,loans,property insurance and technology
contracts and vouchers of contract.
Instruments of property transfer,business account
books,rights,
certificates and licenses;other instruments that the Ministry of Finance
deems necessary to be taxed.
1.8 License Fare of Vehicles and Vessel
Users of automobiles and Vessels are Tax Payers. Tax rate:the
rate for
trucks and ships is decided by their tonnage while that for passenger
buses
and cars by their types and number of seats.
---------------------------------------
Trucks
RMB 48 yuan per ton per year
Buses and Cars
RMB 120-163 yuan per year
(according to the number of seats)
Motor bicycles
RMB 20-48 yuan per year
None-motor vehicles
RMB 4-30 yuan per year
---------------------------------------
1.9 Individual
Income Tax
For individuals residing in China for less than
one year,individual income
tax shall be livied only on the income gained within China.
For individuals residing in China over one year
but less than five years,
individual income tax shall be levied on the income gained within or
outside
China.
For individuals residing in China over five years,individual
income tax
shall be levied on their total income from outside China from the sixth
year.
Individual income tax shall be levied on the following
categories of
income:
Wages and salaries: compensation of personal services,royalties;interest,
dividends and bonus;income from property leasing; income from property
transfer; other kinds of income specified as taxable by the Ministry
of
Finance.
Foreign personal working and performing personal
services within China,
Whose continuous or accumulated residence in China does not exceed
90 days in one Gregorian calendar year (183 days for those from countries
with which China has taxation agreement),shall be exempt from individual
income tax for income from salaries and wages obtained from employers outside
China.
Income from wages and salaries is taxed at 8 progressive
rates,ranging
from 5% to 45%. One's monthly income minus RMB 4,000 yuan is his taxable
amount of income.
Income from compensation for personal services,roualties,interest,
dividends, bonus,lease of property,transger of property,and other kinds
of
income shall be taxed at a proportional rate of 20%.
1.10 Customs Duty
Import: Starting from April 1,1996,the import of equipment
and raw
materials purchased by newly established foreign-funded enterpries
within
the stipulated total investment is subject to import tariff and import
link
tax. For foreign-funded enterprises founded before March 31,1996,import
of
goods within the stipulated total investment and approved additional
investment is exempt from import duty during the grace period(begore
Dec.31, 1997,for projects with total investment above US$30 million;befor
Dec.31, 1996,for projects with tatal investment less than US$30 million).
Tax should be levied accordingly for their import beyond total investment.If
the
import can not be finished within the grace period,the State Council
may
extend the grace period upon the request of Moftec.
Export: Export products prodeced by the foreign-funded
enterprise itself,
except those prohibited from exportation by the state and those subject
to
other state regulations,shall be exempt from export tariff.
Bonded commodities:THe necessary imports for foreign-funded
firms to
procuce exports,such as raw materials,fuel,parts and components,accessories
or packaging materials are regarded by the custom house as bonded
commodities.
£². Fees Required to be Paid by Foreign-funded Enterprises.
2.1 Four Kinds of Construction Fees for Urban Infrastructure.(Hereinafter
refers to as Four Kinds of Fees)
Four Kinds of Fees means the construction fees for
water works,gas works, beating plant and sewage treatment plant.Four Kinds
of Fees,if included in the cost for the lands sold with payment,shall not
be levied.The construction fees for water works shall be levied RMB 830
yuan per ton of water according to the water used per day;the construction
fees for gas works shall be levied RMB 600 yuan per cubic meter of gas
according to the gas used per hour; the construction fees for sewage treatment
plant shall be levied RMB 800 yuan per ton of sewage according to sewage
drained per day.
2.2 Construction Fees for Municipal Public Facilities (Big Municipal
Fees)
Big Municipal Fees(BMF)means the construction fees
for municipal public
facilities in the whole city,beyond the Red Planning Line.In the planning
areas,BMF,if included in the cost for the lands sold with payment,shall
not
be levied separately.Otherwise,it shall be levied by 15% of investment.
However,for the items concerning energy,communecations,municipal bublic
facilities,schools and hospitals,the BMF shall be exempted.For the
items out
of the planning areas,the governments of districts and counties may
carry
out this regulation.
2.3 Land Use Fee (see Apendix 2 for details)
During the period of capital construction,foreign-funded
enterprises should
pay20-30% of stipulated land ree;production-type foreign-funded enterprises,
with the qpproval of Beijing Munidipal Finance Bureau,may be exempt from
the land use fee during preparatory period.With the approval of the finance
authorities,the land use fee for export-oriented enterprises and technologically
advanced enterprises who have passed the examination and come up to
the standards, may be reduced by10-30%.
Land use fee for the land used for planting and breeding,can
refer to that
for industrial purpose,and can also appraised and decided at
1% to 3% of the annual turnover.Land use fee for enterprises with
overseas Chinese and
Taiwanese investment,on the strength of the affirmation issued by Beijing
Municipal Office of Overseas Chinese Affairs or Beijing Vunicipal Office
of
Taiwan Affairs,may be reduced by 20-30% according to the standards
stipulated by Beijng Municipal Finance Bureau.
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