All material subject to strictly enforced copyright laws. For help please see our FAQ. This content is from: Sponsored. January 21 October 15 June 30 Sponsored by By Lewis Lu. CT is levied alongside VAT on a number of product categories, and is akin to excise duties in other countries on alcoholic drinks, tobacco and petrol.
The issuance of the draft VAT law marks the first step in the process of both elevating the status of VAT rules in China to a legislative form, and in harmonising the rules for both goods and services. In particular, it moves to ensure that VAT only applies where consumption takes place in China, and allows for the refunding of excess input VAT credits.
There are some variations to existing approaches such as in relation to the scope of taxable activities, mixed sales, deemed sales, and VAT consolidation. The draft VAT law also says that where any existing circulars need to be continued, such circulars may remain effective for up to five years.
Given there are many existing circulars which may be either more beneficial to taxpayers or to the tax authorities, or inconsistent with the draft VAT law, it is inevitable that this clause will be the subject of considerable debate. For the draft CT law, it appears that the framework of the existing CT rules, and the existing tax burden, will remain unchanged. However, the draft law does clarify that the State Council i.
The new FIL replaces the existing three laws which have governed the foreign investment in China for decades, i. This means that foreign investors can use the same forms of Chinese legal entity as used by Chinese investors. China is considering providing more tax benefits for foreign companies to encourage them to reinvest in the country and start new projects, according to the State Council Information Office. The State Council Information Office said the central government had launched a series of tax benefits to help private companies resume production and operations since the Covid outbreak.
It said the central government would ensure that both local and foreign companies enjoy the same tax benefits. In the next stage, the central government will further review its taxation policies to encourage foreign companies to reinvest in the country. The scheme is expected to help local banks further revitalize their resources, optimize their asset-liability structure and improve their management efficiency.
It will promote the cross-border renminbi flow, provide overseas institutions with more high-quality financial assets and promote the renminbi as a global investment currency. A total of live broadcast anchors recorded revenue of more than million yuan each with a total of 40 million products being displayed on their programs.
In , Taobao aims to help , anchors make more than 10, yuan a month and companies achieve annual sales of million yuan. Total net profit of the six major Chinese banks in grew 5. Total revenue of these banks reached 3.
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In , Taobao aims to help , anchors make more than 10, yuan a month and companies achieve annual sales of million yuan. Total net profit of the six major Chinese banks in grew 5. Total revenue of these banks reached 3. Postal Savings Bank of China was the most profitable bank among its peers with its net profit up Huatai Securities said its net profit surged Revenue increased The company planned to buy back However, as the local and global epidemic situations continue to change, China still faces a rising risk of having more and more imported cases, he said.
Article 15 Income tax on enterprises and local income tax shall be computed on an annual basis and paid in advance in quarterly installments. Such payments shall be made within 15 days from the end of each quarter and the final settlement shall be made within 5 months from the end of each tax year. Any excess payment shall be refunded and any deficiency shall be repaid.
Article 16 Any enterprise with foreign investment and any establishment or place set up in China by a foreign enterprise to engage in production or business operations shall file its quarterly provisional income tax returns in respect of advance payments with the local tax authorities within the period for each advance payment of tax and shall file an annual income tax return together with the final accounting statements within 4 months from the end of the tax year.
Article 17 Any enterprise with foreign investment and any establishment or place set up in China by a foreign enterprise to engage in production or business operations shall report its financial and accounting systems to the local tax authorities for reference purposes. All accounting records must be complete and accurate, with legitimate vouchers as the basis for entries. If The financial and accounting bases adopted by an enterprise with foreign investment or an establishment or place set up in China by a foreign enterprise to engage in production or business operations contradict the relevant tax provisions of the State Council, tax payment shall be computed in accordance with the relevant tax provisions of the State Council.
Article 18 If any enterprise with foreign investment goes into liquidation, and if the balance of its net assets or the balance of its remaining property after deduction of the enterprises undistributed profit, various funds and liquidation expenses exceeds the enterprises paid-in capital, the excess portion shall be liquidation income on which income tax shall be paid in accordance with the provisions of this Law.
Article 19 Any foreign enterprise which has no establishment or place in China but which derives profits, interest, rent, royalties or other income from sources in China, or which, though it has an establishment or place in China, derives such income and the income is not effectively connected with such establishment or place, shall pay an income tax of 20 percent on such income. From the payment of income tax in accordance with the provisions of the preceding paragraph, the income beneficiary shall be the taxpayer and the payer shall be the withholding agent.
The tax shall be withheld from the amount of each payment by the payer. The withholding agent shall, within 5 withholding income tax return to the local tax authorities. An exemption from or reduction of income tax shall apply to the following income: 1 profits derived by a foreign investor from an enterprise with foreign investment shall be exempted from income tax; 2 income from interest on loans made to the Chinese Government or Chinese state banks by intermational financial organizations shall be exempted from income tax; 3 income from interest on loans made at a preferential interest rate to Chinese state banks by foreign banks shall be exempted from income tax; 4 income tax on royalties received for the supply of technical know-how in scientific research, exploitation of energy resources, development of the communications industries, agricultural, forestry and animal husbandry production, and the development of important technologies may, upon approval by the competent department for tax affairs under the State Council, be levied at the reduced rate of 10 percent.
Where the technology supplies is advanced or the terms are preferential, exemption from income tax may be allowed. Apart from the aforesaid provisions of this article, if preferential treatment in the form of reduction of or exemption from income tax on profits, interest, rent, royalties and other income, is required, it shall be regulated by the State Council. Article 20 The tax authcrities shall have the right to inspect the financial accounting and tax affairs of enterprises with foreign investment and establishments or places set up in China by foreign enterprises to engage in production or business operations, and shall have the right to inspect the tax withholding of the withholding agent and its payment of the withheld tax to the State Treasury.
The entities and withholding agents being inspected must report the facts and provide relevant information. They may not conceal or refuse to report any facts. When making an inspection, the tax officials shall produce their identity documents and shall be responsible for confidentiality. Income in foreign currency shall be converted into Renminbi according to the exchange rate quoted by the state exchange control authorities for purposes of tax payment. Article 22 If any taxpayer fails to pay tax within the prescribed time limit, or if the withholding agent fails to remit the tax withheld within the prescribed time limit, the tax authorities shall, in addition to setting a new time limit for tax payment, impose a surcharge for overdue payment equal to 0.
Article 23 The tax authorities shall set a new time limit for registration or submission of documents and may impose a fine of 5, yuan or less on any taxpayer or withholding agent which fails to register for tax purposes or to make a change or cancellation in registration with the tax authorities within the prescribed time limit; submit an income tax return, final accounting statements or withholding income tax return to the tax authorities within the prescribed time limit; or report its financial and accounting systems to the tax authorities for reference purposes.
Where the tax authorities have set a new time limit for registration or submission of documents, they shall impose a fine of 10, yuan or less on tax payers or withholding agents which again fail to meet the time limit for rgistration or making a change in registration with the tax authorities, or for submitting an income tax return, final accounting statements or withholding income tax return to the tax authorities.
Where the circumstances are serious, the legal representative and the person directly responsible shall be investigated for criminal responsibility by applying, mutatis mutandis, the provisions of Article of the Criminal Law.
Where the withholding agent fails to remit the tax withheld to the State Treasury within the prescribed time limit, the tax authorities shall set a time limit for remitting the taxes and may impose a fine of 5, yuan or less on the withholding agent; if the withholding agent again fails to meet the time limit, the tax authorities shall pursue the taxes according to the law and may impose fine of 10, yuan of less on the withholding agent.
If the circumstances are serious, the legal representative and the person directly responsible shall be investigated for criminal responsibility by applying, mutatis mutatis mutandis, the provisions of Article of the Criminal Law. Article 25 Where any person evades tax by deception or concealment or fails to pay tax within the time limit prescribed by this Law and, after the tax authorities have pursued the payment of tax, again fails to pay it within the prescribed time limit, the tax authorities shall, in addition to recovering the tax which should have been paid, impose a fine up to but not exceeding percent of the amount of tax which should have been paid.
Where the circumstances are serious, the legal representative and the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article of the Criminal Law. Article 26 In case of a dispute with the tax authorities in respect of the payment of tax, any enterprise with foreign investment, foreign enterprise or withholding agent must first pay tax according to the relevant regulations. Thereafter, the taxpayer or withholding agent may, within 60 days from the date of receipt of the tax payment certificate issued by the tax authorities, apply to the tax authorities days after receipt of the application for reconsideration.
If the taxpayer or withholding agent is not satisfied with the decision, it may institute legal proceedings in the people's court within 15 days from the date of receipt of the notification on decision made after reconsideration. If the party concerned is not satisfied with the decision on punishment by the tax authorities, it may, within 15 days from the dare of receipt of the notification on punishment, apply for reconsideration to the tax authorities at the next highest level above the 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 15 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 15 days from the date of receipt of the decision made after reconsideration.
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