Viewpoints

2019-12-02

China’s Current Tax System – Income Tax on Enterprises with Foreign Investment and Foreign Enterprises

(1) Taxpayers a. Enterprises with foreign investment include Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and wholly foreign owned enterprises. b. Foreign enterprises include foreign companies, enterprises and other economic organizations which have establishments or places in China engaged in production or business operations or which, though without establishments or places in China, have income from sources within China. (2) Tax base The enterprises with foreign investment with head office in China pay income tax on their world-wide income. Foreign enterprises pay income tax only on their income derived from sources within China. The income tax base for enterprises with foreign investment and foreign enterprises is the taxable income which is the amount remaining from its gross income in a tax year after allowable deduction for costs, expenses and losses. Any foreign enterprise which has no establishment or place in China but derives income of profits, interest, rental, royalties […]
2019-12-02

China’s Current Tax System – House Property Tax

(1) Taxpayers House Property Tax is levied in cities, county capitals, townships and industrial and mining districts. Taxpayers are owners of house property, operational and managerial units of house property, mortgagees, custodians and users of house property (excluding enterprises with foreign investment, foreign enterprises and foreigners). (2) Tax base, tax rates and computation of tax payable Two different rates are applied to two different cases: in one case where the tax base is the residual value after the subtraction of 10% to 30% of the original value from the original value of the property, the tax rate is 1.2% ; in the other case where the tax base is the rental income from the property, the rate is 12%. The formula for calculating House Property Tax payable is: Tax payable =Tax base x Applicable rate (3) Major exemptions House Property Tax may be exempt on the house property for the […]
2019-12-02

China’s Current Tax System – Fixed Assets Investment Orientation Regulation Tax

(1) Taxpayers This tax is imposed on enterprises, units, individual household businesses and other individuals who invest into fixed assets within the territory of the People’s Republic of China (excluding enterprises with foreign investment, foreign enterprises and foreigners). (2) Taxable items and tax rates Table of Taxable Items and Tax Rates Taxable Items Tax Rates A. Infrastructure 1. State urgent projects 2. Projects encouraged by the State but restricted by the condition of transportation and energy 3. Office buildings, hotels and guest houses 4. Residential buildings (including commercial residential buildings) 5. Other 0% 5% 30% 0% 5% 15% B. Renewal and transformation projects 1. State urgent projects (same as infrastructure) 2. Other renewal and transformation projects 0% 10% (For some residential building investment projects, the rate is 5%.) (3) Computation of tax payable This tax is based on the total investment actually put into fixed assets. For renewal and transformation […]
2019-12-02

China’s Current Tax System – Farm Land Occupation Tax

(1) Taxpayers Taxpayers are enterprises, units, individual household businesses and other individuals (except enterprises with foreign investment, foreign enterprises and foreigners) who occupy farmland for building construction or for other non-farm purposes. (2) Scope and tax payable per unit This tax is imposed on all State owned and collectively owned crop-planting land, and also on newly developed wasteland, fallow land, land for rotation of crops, land for rotation of grass and crops. Different ranges of tax per unit are specified for different regions in consideration of the average size of farmland occupied per person and the local economic situation. The annual amount of tax payable per square meter is: taking county as the administrative region for calculation (hereinafter the same), 2-10 yuan for county with one mu or less of farmland per person; 1. 6-8 yuan for county with 1-2 mu farmland per person; 1.3-6.5 yuan for county with 2-3 […]
2019-12-02

China’s Current Tax System – Enterprise Income Tax

(1) Taxpayers The taxpayers of Enterprise Income Tax include any state-owned enterprise, collective enterprise, private enterprise, joint operation enterprise, joint equity enterprise, and other organizations. (2) Tax base The taxpayers’ world-wide income from production and business operations and from other sources shall be subject to Enterprise Income Tax according to law. The Enterprise Income Tax is computed on the basis of the taxable income which is equal to the total income earned by the taxpayers in a tax year less allowable deductions for the same tax year. (3) Tax rates and computation of tax payable Normally, the amount of Enterprise Income Tax payable is computed on the basis of the taxable income and by applying the rate of 33%. The formula for computing the tax payable is: Income tax payable= Taxable income x 33% Besides the statutory rate, two lower rates of 18% and 27% are designed for some less […]
2019-12-02

China’s Current Tax System – Deed Tax

(1) Taxpayers The taxpayers of Deed Tax are those enterprises, units, individual household businesses and other individuals who are the transferees of house property transferred within the territory of China. (2) Tax base The Deed Tax is normally based on one of followings: a. The transactional price in case of sale/purchase of houses or sale or use right of State-owned land; b. Assessment made by tax collection offices in reference to the market price of land use right sale or house sale in case of transferring land use right or house as gift; or c. The difference of the land use right price and the house price in case of exchange of land use right and house. (3) Tax rates and computation of tax payable Deed Tax adopts a flat rate within the range of 3%-5%. The rate applicable in jurisdictions at provincial level shall be determined within the above […]
2019-12-02

China’s Current Tax System – Consumption Tax

(1) Taxpayers The taxpayers of Consumption Tax include all enterprises, units, household businesses and other individuals engaged in production or importation of taxable consumer goods within the territory of the People’ s Republic of China. The taxable consumer goods exported by the taxpayers are exempt from Consumption Tax, unless the taxable consumer goods are restricted by the State from exportation. (2) Taxable items and tax rates Table of Consumption Tax Taxable Items and Rates Taxable items Tax rates (tax amount) Comments 1. Tobacco (1) Grade A Cigarettes (2) Grade B Cigarettes (3) Grade C Cigarettes (4) Cigars (5) Cut tobacco 50% 40% 25% 25% 30%   2. Alcoholic drinks and alcohol (1) white spirits made from cereal (2) white spirits made from potatoes (3) yellow spirits (4) beer (5) other alcoholic drinks (6) alcohol 25% 15% 240 yuan per tonne 220 yuan per tonne 10% 5%   3. Cosmetics 30% […]
2019-12-02

China’s Current Tax System – City Maintenance and Construction Tax

(1) Taxpayers The enterprises of any nature, units, individual household businesses and other individuals (excluding enterprises with foreign investment, foreign enterprises and foreigners) who are obliged to pay Value Added Tax, consumption Tax and/or Business Tax are the taxpayers of City Maintenance and Construction Tax. (2) Tax rates and computation of tax payable Differential rates are adopted: 7% rate for city area, 5% rate for county and township area and 1% rate for other area. The tax is based on the actual amount of VAT, Consumption Tax and/or Business Tax paid by the taxpayers and paid together with the three taxes mentioned above. The formula for calculating the amount of the tax payable: Tax payable = Tax base x tax rate Applicable
2019-12-02

China’s Current Tax System – Agriculture Tax

(1) Taxpayers The taxpayers of Agriculture Tax include cooperative economic entities, enterprises, units, peasants and other individuals who are engaged in agriculture production and receive agricultural income within the territory of China. (2) Tax rates and computation of tax payable Agriculture Tax adopts regionally differentiated fiat rates. According to the Regulations of Agriculture Tax, the national average rate is 15.5% of the yield in a normal year. However, the currently implemented average rate is 8.8% and the actual burden is only about 2.5%. The State Council has stipulated the average rates varying from 13% to 19% respectively for different provinces, autonomous regions and municipalities directly under the State Council in accordance with the Regulations of Agriculture Tax and in combination with different economic conditions in different regions. According to the average rate stipulated by the State Council, every province, autonomous region and municipality directly under the State Council shall determine […]
2019-12-02

China WFOE Registration Guide (18) – Setting up Different Bank Accounts And Their Functions of a WFOE

1. Introduction In the course of doing business in China, both the foreign investors and the foreign invested companies (FIEs), including Wholly Foreign Owned Enterprise, will need to be familiar with the different bank accounts applicable and their respective functions/uses. In this article, we will introduce some of the bank accounts commonly used by FIEs and their functions. 2. Temporary Capital Account Before the official incorporation of a FIE, if it needs cash urgently for the purpose of pre-incorporation expenses, it can choose to set up a Temporary Capital Account. This account is to temporarily receive funds directly related to the investment in China. However, this account is not a necessity. It should be based on the needs and requirements of the company and approval by the State Administration of Foreign Exchange (SAFE) Functions (1) The money in the Temporary Capital Account can only be used to pay rental, utilities […]
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