CIRCULAR ON QUESTIONS CONCERNING HOW PREFERENTIAL TAX POLICIES AREAPPLICABLE TO NEW AND HIGH-TECH ENTERPRISES
CIRCULAR ON QUESTIONS CONCERNING HOW PREFERENTIAL TAX POLICIES AREAPPLICABLE TO NEW AND HIGH-TECH ENTERPRISES
(State Administration of Taxation: 29 June 1994 Coded Guo Shui Fa[1994] No. 151)
Whole Doc.
To the tax bureaus of various provinces, autonomous regions and
municipalities, the tax bureau of various cities with independent planning
and various sub-bureaus of the Offshore Oil Tax Administration:
In accordance with the stipulations of Clause 2 of Article 7 and
Clause 1 of Article 8 of the Income Tax Law of the People's Republic of
China on enterprise with foreign investment and Foreign Enterprises
(hereinafter referred to as Tax Law, and Item 5 of Clause 1 of Article 73
and Item 6 of Clause 1 of Article 75 of the Detailed Rules for the
Implementation of the Tax Law, we hereby clarify the following question
concerning how the preferential tax treatment is applicable to high-tech
enterprises:
I. Foreign-invested enterprises set up in the state new and high-tech
industrial development zones designated by the State Council, which are
recognized as new and high-tech enterprises as well as those set up in
Beijing New Technological Industrial Development Experimental Zone and
recognized as new technological enterprises shall pay enterprise income
tax at a reduced 15 percent rate from the tax-paying year on the day when
they are confirmed as new and high-tech enterprises or new technological
enterprises.
II. Productive enterprise with foreign investment (excluding the new
technological enterprises set up in Beijing's New Technological Industrial
Development Experimental Zone) recognized as new and high-tech enterprises
scheduled for an operational or production period of over 10 years may be
exempt from income tax in the first and second profit-making year, and be
granted a 50 percent income tax reduction in the third through the fifth
year.
III. Enterprise with foreign investment, in the tax-paying year to
which the day belongs when they are recognized as new and high-tech
enterprises, after the enterprises' profit-making year, or enterprise with
foreign investment set up in the Beijing New Technological Industrial
Development Experimental Zone, in the tax- paying year to which the day
when they are recognized as new technological enterprises belongs, after
the year to which the day when the enterprises open for business belongs,
may enjoy the preferential treatment of tax exemption or reduction in the
remaining years of the applicable tax exemption and reduction period;
those which are recognized as new and high-tech enterprises or new
technological enterprises only after the conclusion of the applicable tax
exemption and reduction period in accordance with related stipulations
shall not enjoy the preferential treatment of stipulated regular
enterprise income tax exemption and reduction.
rises
scheduled for an operational or production period of over 10 years may be
exempt from income tax in the first and second profit-making year, and be
granted a 50 percent income tax reduction in the third through the fifth
year.
III. Enterprise with foreign investment, in the tax-paying year to
which the day belongs when they are recognized as new and high-tech
enterprises, after the enterprises' profit-making year, or enterprise with
foreign investment set up in the Beijing New Technological Industrial
Development Experimental Zone, in the tax- paying year to which the day
when they are recognized as new technological enterprises belongs, after
the year to which the day when the enterprises open for business belongs,
may enjoy the preferential treatment of tax exemption or reduction in the
remaining years of the applicable tax exemption and reduction period;
those which are recognized as new and high-tech enterprises or new
technological enterprises only after the conclusion of the applicable tax
exemption and reduction period in accordance with related stipulations
shall not enjoy the preferential treatment of stipulated regular
enterprise income tax exemption and reduction.
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