(Promulgated on April 3, 1988 by the Shanghai Municipal People' s
Government, amended and re-promulgated on December 14,1999 by the
Shanghai
Municipal People' s Government, and amended and re-promulgated on April 1,2002
according to Decree No.119 of the Shanghai
Municipal People' s Government)
Article 1 In order to encourage foreign-invested technology-intensive
and knowledge-intensive projects, these Procedures are formulated in
accordance
with the "Implementing Rules on Income Tax Law of the People' s Republic of China
on Foreign-invested Enterprises and
Foreign Enterprises" , and in the light of
the actual circumstances of this Municipality. Article 2 These Procedures
apply to all technology-intensive and knowledge-intensive projects of production
enterprises invested and operated
in this Municipality by foreign business
people (hereinafter referred to as foreign-invested enterprises). Article
3 Foreign-invested enterprises shall make application and obtain approval
before they are eligible to enjoy the preferential treatment
of enterprise
income tax reduction to 15 per cent. Article 4 Foreign-invested
enterprises that comply with any one of the following conditions may enjoy the
preferential treatment for technology-intensive
and knowledge-intensive
projects: (1) Being able to provide advanced manufacturing technologies and
techniques pressingly needed by this Municipality, to manufacture
new products
(including new materials, key components and parts) urgently needed by this
Municipality, and promote the development
and utilization of new energy in this
Municipality; (2) Adopting advanced scientific and technological achievements
and enabling the raise of product output, quality and performance
by a large
margin and the effective reduction of production cost and the saving of energy
and material; (3) Being able to give impetus to the reform of technologies of
the industry; (4) Being able to provide patents of core technologies and
technical know-how (including advanced recipes) urgently needed by this
Municipality. Article 5 Foreign-invested enterprises may file an
application to the competent department (the application form is printed in a
uniform way
by the Municipal Science and Technology Commission). The application
shall be transmitted to the Municipal Science and Technology
Commission after
the competent department renders opinions. The Municipal Science and Technology
Commission shall, within a month
after receiving the application, examine and
verify jointly with the Municipal Foreign Investment Commission, the Municipal
Economic
Commission and other related departments, and issue an examination and
verification certification. Foreign-invested enterprises
shall apply to the
taxation organ for preferential treatment of taxes by the examination and
verification certification. Article 6 The Municipal Science and
Technology Commission is responsible for the interpretation of these
Procedures. Article 7 These Procedures shall become effective on the date
of promulgation.
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