CIRCULAR ON THE QUESTION CONCERNING THE LEVY OF STAMP TAX ON EN-TERPRISE WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

CIRCULAR ON THE QUESTION CONCERNING THE LEVY OF STAMP TAX ON EN-TERPRISE WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES (State Administration of Taxation: 7 April 1994 Coded Guo Shui Fa[1994] No. 095) Whole Doc.

To the tax bureaus of various provinces, autonomous regions and municipalities, the tax bureaus of various cities with independent planning and to various sub-bureaus of the Offshore Oil Tax Administration: In line with the stipulation of the State Council Circular On Questions Related to the Provisional Regulations Concerning the Levy of Applicable Value-Added Tax, Consumption Tax and Business Tax on Enterprise with Foreign Investment and Foreign Enterprises, foreign enterprises with foreign investment, foreign enterprises and other economic organizations and their offices in China (hereinafter referred to as "enterprises") shall, beginning from January 1, 1994, pay stamp tax in accordance with the Provisional Regulations of the People's Republic of China on Stamp Tax and detailed rules for its implementation. Related issues are hereby clarified as follows: I. Enterprises which had contracted to be established before December 31, 1993 and have received various dutiable certificates, including contracts, property rights transfer certificates, business account books and licenses of rights are exempt from stamp tax.

II. Enterprises which had signed dutiable contracts before December 31, 1993, revised the contracts after January 1, 1994 to increase the amount of investment or signed a new contract after the expiration of the original contract shall pay stamp tax according to regulations.

III. For capital actually received and capital accumulations increased after January 1, 1994 as recorded in the account book, stamp tax shall be levied on the increased portion; the capital actually received and capital accumulations which have not increased as recorded in the new account book are exempt from stamp tax; for other account books started using after January 1, 1994, stamp tax shall be levied according to regulations.

IV. For property right transfer certificates and right license obtained by the enterprise before December 31, 1993 which were revised, replaced or transferred, stamp tax shall be levied according to regulations.

V. If the amount of lump sum stamp tax to be recorded in the account book of the enterprise is too big, with approval from competent tax authorities, deficient stamp tax payments are allowed to be made up by instalments within three years. Enterprises with an operational period less than three years shall make up the deficient stamp tax payment within the operational period.

VI. The current regulations on stamp tax shall be acted upon in regard to other tax-exemption matters.

nt or signed a new contract after the expiration of the original contract shall pay stamp tax according to regulations.

III. For capital actually received and capital accumulations increased after January 1, 1994 as recorded in the account book, stamp tax shall be levied on the increased portion; the capital actually received and capital accumulations which have not increased as recorded in the new account book are exempt from stamp tax; for other account books started using after January 1, 1994, stamp tax shall be levied according to regulations.

IV. For property right transfer certificates and right license obtained by the enterprise before December 31, 1993 which were revised, replaced or transferred, stamp tax shall be levied according to regulations.

V. If the amount of lump sum stamp tax to be recorded in the account book of the enterprise is too big, with approval from competent tax authorities, deficient stamp tax payments are allowed to be made up by instalments within three years. Enterprises with an operational period less than three years shall make up the deficient stamp tax payment within the operational period.

VI. The current regulations on stamp tax shall be acted upon in regard to other tax-exemption matters.