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CIRCULAR ON THE HANDLING METHOD FOR IMPLEMENTING THE STIPULATIONSCONCERNING THE LEVY OF TURNOVER TAX ON RESIDENCE REPRESENTATIVE OFFICES OFFOREIGN ENTERPRISES PUBLISHED BEFORE DECEMBER 31, 1993

CIRCULAR ON THE HANDLING METHOD FOR IMPLEMENTING THE STIPULATIONSCONCERNING THE LEVY OF TURNOVER TAX ON RESIDENCE REPRESENTATIVE OFFICES OFFOREIGN ENTERPRISES PUBLISHED BEFORE DECEMBER 31, 1993 (State Administration of Taxation: 16 March 1994 Coded Guo Shui Fa[1994] No. 070) Whole Doc.

To the tax bureaus of various provinces, autonomous regions and municipalities, to the tax bureaus of various cities with independent planning and to various sub-bureaus of the Offshore Oil Tax Administration: Our Administration issued the Circular On the Handling Method for Implementing the Stipulations Concerning the Levy of Turnover Tax on Residence Representative Offices of Foreign Enterprises Published Before December 31, 1993, a document issued on January 18, 1994 Coded Guo Shui Ming Dian [1994] No. 120, an additional document is hereby issued as follows: The Provisional Regulations of the People's Republic of China on Business Tax and the detailed rules for its implementation had been put into practice on January 1, 1994. The document concerning the levy of tax on the residence representative offices of foreign enterprises published prior to this, the stipulations on the levy of turnover tax, which have been examined and verified, may continue to be used in principle, the "consolidated industrial and commercial tax" set in the original regulations, however, shall be changed into "business tax" the applicable tax items shall be changed into "service trades", the applicable tax rate is 5 percent. Documents that can continue to be used are listed as follows: I. The Provisional Regulations of the Ministry of Finance Concerning the Levy of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on Residence Representative Offices of Foreign Enterprises published by the Ministry of Finance on May 15, 1985 and approved by the State Council on April 11, 1985.

II. The Circular on the Question Concerning the Levy of Tax at Lowering the Verified Profit Rate on the Residence Representative Offices of Foreign Enterprises, a document issued by the Ministry of Finance on October 6, 1985, Coded (86) Cai Shui Zi No. 290; III. Several Policy-elated Business Issues outlined in the Provisional Regulations Concerning the Levy of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on Residence Representative Offices of Foreign Enterprises, a document issued by the Ministry of Finance on May 13, 1986, Coded (85) Cai Shui Zi No. 122; IV. Additional Regulations on the Question Concerning the Levy of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on Residence Representative offices of Foreign Enterprises, a document issued by the State Administration of Taxation on September 25, 1985, Coded (85) Cai Shui Wai Zi No. 197; V. Circular on the Question Concerning the Calculation and Levy of Tax on the Verified Income Amount of Residence Representative Offices of Foreign Enterprises, a document issued by the State Administration of Taxation on September 19, 1985, Coded (85) Cai Shui Wai Zi No. 198; VI. Circular on Lowering the Commission Rate for Residence Representative Offices of Foreign Enterprises, a document issued by the State Administration of Taxation on November 4, 1986, Coded (86) Cai Shui Wai Zi No. 273; VII. Circular on the Question Concerning the Method of Levying Tax on Residence Representative Offices of Foreign Enterprises, a document issued by the State Administration of Taxation on September 19, 1985, Coded (85) Cai Shui Wai Zi No. 200; VIII. Circular on the Question Concerning Differentiating Self-Managed Commodities and Agency Commodities Undertaken by Residence Representative offices of Foreign Enterprises, a document issued by the State Administration of Taxation on March 1, 1986, Coded (86) Cai Shui Wai Zi No. 053; IX. Circular on the Question Concerning Determining the Tax- Levying Method of Residence Representative offices, a document issued by the State Administration of Taxation on March 3, 1986, Coded (86) Cai Shui Wai Zi No. 055; X. Circular on the Question Concerning Extending the Time Limit for Residence Representative Offices of Foreign Enterprises to Declare Payment of Consolidated Industrial and Commercial Tax, a document issued by the State Administration of Taxation on February 26, 1986, Coded (86) Cai Shui Wai Zi No. 046; XI. Circular Concerning That the Expenses Paid by the Residence Representative offices of Foreign Enterprises for Their General Agency May Not Be Taxed As the Expense Equivalent Income of the Residence Representative Offices, a document issued by the State Administration of Taxation on December 5, 1988, Coded (88) Guo Shui Wai Zi No. 333; and XII. Circular on the Levy of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on the Commission and Service Charges Gained From Advertising Business by Residence Representative Offices of Foreign Enterprises, a document issued by the State Administration of Taxation on December 12, 1988, Coded (88) Guo Shui Wai Zi No. 337.

of Foreign Enterprises, a document issued by the State Administration of Taxation on November 4, 1986, Coded (86) Cai Shui Wai Zi No. 273; VII. Circular on the Question Concerning the Method of Levying Tax on Residence Representative Offices of Foreign Enterprises, a document issued by the State Administration of Taxation on September 19, 1985, Coded (85) Cai Shui Wai Zi No. 200; VIII. Circular on the Question Concerning Differentiating Self-Managed Commodities and Agency Commodities Undertaken by Residence Representative offices of Foreign Enterprises, a document issued by the State Administration of Taxation on March 1, 1986, Coded (86) Cai Shui Wai Zi No. 053; IX. Circular on the Question Concerning Determining the Tax- Levying Method of Residence Representative offices, a document issued by the State Administration of Taxation on March 3, 1986, Coded (86) Cai Shui Wai Zi No. 055; X. Circular on the Question Concerning Extending the Time Limit for Residence Representative Offices of Foreign Enterprises to Declare Payment of Consolidated Industrial and Commercial Tax, a document issued by the State Administration of Taxation on February 26, 1986, Coded (86) Cai Shui Wai Zi No. 046; XI. Circular Concerning That the Expenses Paid by the Residence Representative offices of Foreign Enterprises for Their General Agency May Not Be Taxed As the Expense Equivalent Income of the Residence Representative Offices, a document issued by the State Administration of Taxation on December 5, 1988, Coded (88) Guo Shui Wai Zi No. 333; and XII. Circular on the Levy of Consolidated Industrial and Commercial Tax and Enterprise Income Tax on the Commission and Service Charges Gained From Advertising Business by Residence Representative Offices of Foreign Enterprises, a document issued by the State Administration of Taxation on December 12, 1988, Coded (88) Guo Shui Wai Zi No. 337.


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