Laws of the People's Republic of China

The State Administration of Taxation

Circular of the State Administration of Taxation on Issues Relating to the Tax Treatment of Enterprises with Foreign Investment which Foreign Investor's Capital Contribution Lower than 25%

GuoShuiHan [2003] No. 422

April 18, 2003

State tax bureaus and local tax bureaus of provinces, autonomous regions and municipalities directly under the Central Government, municipalities separately listed on the State plan:

For facilitating localities to accurately understand, carry out and implement the Circular of the MOFTEC, the State Administration of Taxation, the State Administration for Commerce and Industry, and the State Administration of Foreign Investment on Issues Relating to Strengthening the administration over the Examination and Approval, Registration, Foreign Exchanges and Taxes of Enterprises with Foreign Investment (WaiJingMaoFa [2002] No.575), here is to clarify the issues relating to the tax treatment of the newly-established enterprises with foreign investment with actual capital contributions by foreign investors lower than 25% (hereinafter referred to as enterprises that foreign investment lower than 25%):

I.

Issues on applicable tax system. The applicable tax system to enterprises that foreign investment lower than 25% shall be the same as that to domestic enterprises without enjoying the preferential tax treatment granted to enterprises with foreign investment, unless otherwise provided for by the State Council.

II.

Issues on tax registration. Enterprises that foreign investment lower than 25% shall be treated as domestic enterprises when handling with tax registration, unless otherwise provided for by the State Council.

Please abide by and implement the present Circular.