NOTICE CONCERNING PAYMENT OF TAX ON INCOMES IN FOREIGN CURRENCYGAINED BY ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES
NOTICE CONCERNING PAYMENT OF TAX ON INCOMES IN FOREIGN CURRENCYGAINED BY ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES
(State Administration of Taxation: 21 January 1993 Guo Shui Fa(1993) No. 013)
Whole Doc.
To tax bureaus of various provinces, autonomous regions and
municipalities, to tax bureaus of various cities with separate planning
and to sub-bureaus of offshore oil tax administrative bureaus:
In line with related stipulations of the Tax Law, you are hereby
notified as follows about how enterprise with foreign investment and
foreign enterprises shall pay tax on their foreign currency incomes:
I. Enterprise with foreign investment which have incomes gained from
their production and operation and their incomes are all in foreign
currency, shall convert their foreign exchange into Renminbi at the Bank
of China in accord with the listed price of the day their tax payment
receipts are issued by tax authorities and then pay tax.
II. Enterprise with foreign investment, which have incomes in both
foreign currency and Renminbi gained from their production and operation,
may pay tax with Renminbi gained from production and operation instead of
with foreign currency. The enterprise shall not use the Renminbi gained
from borrowing, share-holder's input or gained through regulation to pay
tax instead of foreign currency income.
If the Renminbi incomes gained from production and operation are
insufficient to pay dutiable tax, to make up the deficiency, the
enterprise with foreign investment concerned shall use the foreign
currency gained from its production and operation and exchange it into
Renminbi at the Bank of China in accord with the listed price of foreign
exchange on the day its tax payment receipt is issued by tax authorities
and then pay tax.
III. Foreign companies, enterprises and other economic organizations
as well as foreign personnel shall also pay tax in line with the
above-mentioned principle for their incomes or other gains.
IV. The Notice shall be put into practice from the day of the receipt
of the document, if the original stipulations are contradicting this
Notice, this Notice shall be taken as the standard.
se the Renminbi gained
from borrowing, share-holder's input or gained through regulation to pay
tax instead of foreign currency income.
If the Renminbi incomes gained from production and operation are
insufficient to pay dutiable tax, to make up the deficiency, the
enterprise with foreign investment concerned shall use the foreign
currency gained from its production and operation and exchange it into
Renminbi at the Bank of China in accord with the listed price of foreign
exchange on the day its tax payment receipt is issued by tax authorities
and then pay tax.
III. Foreign companies, enterprises and other economic organizations
as well as foreign personnel shall also pay tax in line with the
above-mentioned principle for their incomes or other gains.
IV. The Notice shall be put into practice from the day of the receipt
of the document, if the original stipulations are contradicting this
Notice, this Notice shall be taken as the standard.
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