Circular of the State Administration of Taxation Concerning the Levy of the Business Tax on the Transfer of the Intangible Assets Conducted by the Foreign Enterprises
According to the stipulations in the Circular of the State Administration of Taxation Concerning the Levy of the Business Tax on the Income arising from the Transfer of Intangible Assets into Chinese Territory conducted by Foreign Enterprises (No.4 in 1998 issued by the State Administration of Taxation) and the Written Reply of the State Administration of Taxation Concerning the Levy of the Business Tax on the Transfer of Intangible Assets to Our Country conducted by Foreign Enterprises (No.797 in 1998 replied in letter by the State Administration of Taxation), the income arising from the transfer of intangible assets into Chinese territory conducted by foreign enterprises should be levied of the business tax following January 1, 1994. But some regions did not know whether income, arising from contracts for the transfer of intangible assets signed before the end of 1993 between foreign enterprises and units located in Chinese territory but gained after 1994, should be levied of the business tax. After study now make the following stipulations:
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Circular of State Administration of Taxation Concerning the Issue of Handling the Taxation of Enterprises with Foreign Investment
In recent years, numerous accounting, auditing, consulting and law firms outside of China (hereinafter collectively cited as “Consulting Enterprises Outside of China”) have entered into China to engage in businesses such as taxation, accounting, auditing, law, consultation, etc. (hereinafter referred to as “Consulting Businesses”). Some of them have established enterprises with foreign investment which are specially engaged in Consulting Businesses in China. Others have set up their agencies in China. Depending on the particularities of the businesses, some Consulting Enterprises Outside China participated in consulting activities within China; some directly sent their staff to conduct business in China, and others did so jointly with enterprises with foreign investment and agencies within China. In order to regulate the taxation administration, we now pronounce as follows with regard to the issue of handling the taxation on the income derived by the enterprises with foreign investment, agencies and consulting enterprises which are engaged in Consulting Businesses within China:
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Ministry of Foreign Trade and Economic Cooperation, Questions Relating to Foreign Investors Investing in and Establishing Research and Development Centres Circular
To the Commissions (Departments, Bureaus) of Foreign Trade and Economic Cooperation of each province, autonomous region, municipality directly under the central government and municipality with independent development plans:
The State encourages foreign investors to invest in and establish research and development centres in China. We hereby notify you of questions relating to the examination and approval of the contracts for, and the articles of association of, research and development centres invested in and established by foreign investors.
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Circular of the Ministry of Labor and Social Security on the Issues Concerning the Average Monthly Working-time in a Year and Converting the Payment of Employee
Labor (labor and social security) departments (bureaus) of the provinces, autonomous regions, municipalities directly under the Central Government:
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Administrative Regulations of Shenzhen Municipality
Chapter I General Provisions
Article 1 In order to standardize governmental investment project of Shenzhen Municipality, establish sound decision-making procedure and organizational implementation procedure, guarantee quality of projects and achieve better investment profits, these regulations are hereby formulated in combination with the practical conditions of Shenzhen Municipality and in accordance with the fundamental principles of the relevant laws and regulations.
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Administration of the Examination and Approval of Wholly Foreign-owned Shipping Companies Tentative Procedures
Article 1 These Procedures have been formulated pursuant to the laws of the People’s Republic of China on foreign investment enterprises and shipping laws and regulations in order to standardize the investments and operations in the People’s Republic of China of foreign shipping companies and to protect the lawful rights and interests of investors.
Article 2 These Procedures shall apply to the establishment in China of wholly owned shipping companies by foreign shipping companies.
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Ministry of Science and Technology, Ministry of Finance and State Administration of Taxation, Administration of the Recognition and Registration of Technology Contracts Procedures
Article 1 These Procedures have been formulated to standardize the recognition and registration of technology contracts, strengthen the administration of the technology market and ensure the thorough implementation of State policies concerning the transformation of scientific and technological achievements.
Article 2 These Procedures shall apply to the recognition and registration of technology development contracts, technology transfer contracts, technical consultancy contracts and technical service contracts legally entered into by legal persons, other organizations and individuals.
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Circular of the State Administration of Taxation on some Issues of Real Estate Tax of Enterprises with Foreign Investment
Some issues arise from collecting the urban real estate tax of the enterprise with foreign investment because of the respective application of the Interim Regulations on Urban Real Estate Tax and the Interim Regulations of the People’s Republic of China on Real Estate Tax to enterprises with foreign investment and domestic-funded enterprises.
This is to specify some issues for the convenience of execution:
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Circular of the State Administration of Taxation Concerning the Examination and Approval of the Pre-income-tax Deduction of Asset Loss of Enterprises with Foreign Investment
Pursuant to the Law of the People’s Republic of China on Income Tax of Enterprises with Foreign Invesment and Foreign Enterprises and the corresponding Detailed Measures for implementation as well as the Law of the People’s Republic of China on the Administration of Taxation (Hereinafter referred to as Taxation Law) and the corresponding Detailed Measures for implementation, the relevant issues concerning the examination and approval of the deduction of asset losses prior to the levy of income tax for inventory shortages and destruction of fixed assets or flexible assets, losses arising from write-off and bad debt, and unusual loss caused by natural disaster, civil lawsuit and other unexpected accidents of enterprises with foreign investment hereinafter referred to as enterprises are stipulated as follows:
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Circular of the Ministry of Finance and the State Administration of Taxation Concerning the Issue of Tax Credit for Business Income Tax for Homemade Equipment Purchased by Enterprises with Foreign Investment and Foreign Enterprises
The finance departments (bureaus), the state taxation bureaus and local taxation bureaus of all the provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan:
The Circular of the Ministry of Finance and the State Administration of Taxation concerning the Issue of Tax Credit for Enterprise Income Tax for Homemade Equipment Purchased by Enterprises with Foreign Investment, is issued as follows to carry out the spirit of the relevant regulations stipulated by the Central Committee of the Communist Party of China and the State Council, enlarge the introduction of foreign investment, and encourage enterprises with foreign investment and foreign enterprises to use homemade equipments:
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