Laws of the People's Republic of China

The State Administration of Taxation

The Circular of the State Administration of Taxation on Enterprise Income Tax Credit of Enterprises with Foreign Investment and Foreign Enterprises Purchasing Domestic Equipment for Investment

Guo Shui Han [2005] No. 488

The bureaus of national tax of all provinces, autonomous regions and municipalities directly under state planning, the bureaus of local tax of Guangdong province, Hainan province and Shenzhen municipality:

Certain issues concerning the implementation of the Circular of the Ministry of Finance and the State Administration of Taxation on Enterprise Income Tax Credit of Enterprises with Foreign Investment and Foreign Enterprise Purchasing Domestic Equipment for Investment (Cai Shui Zi [2000] No.049) are now notified as follows:

1.

Issues concerning enterprise income tax credit of product line and integrated equipment

With respect to the product line or integrated equipment purchased by enterprises that is constituted by imported equipment, domestic equipment and parts, accessories and supplementary material, the enterprise income tax credit shall only be meted out to the part that is made in China and determined as an individual asset, at the time of purchase, to have satisfied the fixed asset standard.

2.

Issues on the enterprise income tax credit of the equipment sold after simply assembled by imported material

The enterprise income tax of the enterprise purchasing equipment that is simply assembled by imported parts and accessories shall not be creditable or exempt.

3.

Issues on the enterprise income tax credit of the domestic equipment purchased in supplementary investment

As to the domestic equipment purchased by enterprise in supplementary investment project that satisfies related provisions, and is calculated separately and enjoys the fixed-term preferential treatment of tax credit, it shall, in calculating the enterprise income tax credit of domestic equipment purchased thereof, be consolidated with domestic equipment previously purchased in the investment of the same term and the enterprise income tax thereof shall, unifiedly taking the enterprise as a unit, be deducted and exempted from the newly added income tax of the enterprise of the year.

4.

Issues on deduction and exemption from the enterprise income tax of the domestic equipment investment of merged or divided enterprise

(1)

Where the enterprise is merged or divided, the investment amount of the enterprise' domestic equipment that has not been creditable before merger or division may continue the credit respectively by the enterprises after merger or division in the remaining years of continued credit as prescribed in Article 3 of the document Cai Shui Zi [2000]049,

(2)

Where the enterprise purchases domestic equipment in the year of merger, its base number of the enterprise income tax of the previous year shall be the sum of the enterprise income tax paid actually by each enterprise before merger. Where the domestic equipment is purchased in the second year after merger, its base number of the enterprise income tax of the previous year shall be the sum of enterprise income tax paid actually at the merger year by each enterprise before merger and the enterprise after merger.

(3)

Where the enterprise is divided, the investment amount that has not been creditable may continue the deduction or exemption respectively by the enterprises after division subject to the amount as agreed in the division agreement. Where there is no agreed amount in the division agreement, the investment credit amount that has not been creditable before division shall not be conducted by the enterprises after division.

(4)

Where the enterprises after division purchase domestic equipment at the year, the base number of the enterprise income tax of the enterprise in previous year shall be determined by the following formula:

The base number of the enterprise income tax of previous year= (the book asset gained by the enterprise in division/total assets of the enterprise before division)* the actual paid income tax of the enterprise in previous year before division

Where the enterprises after division purchase domestic equipment in the second year after division, the base number of the enterprise income tax of the enterprise in previous year shall be determined by the following formula:

The base number of the enterprise income tax of previous year= (the book asset gained by the enterprise in division/total assets of the enterprise before division)* the actual paid income tax in the division year of the enterprise (before division) + the actual paid income tax of the year of the enterprise after division.

The State Administration of Taxation

May 20, 2005