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《中华人民共和国外商投资企业和外国企业所得税法》(1.2)         ★★★ 【字体:
《中华人民共和国外商投资企业和外国企业所得税法》(1.2)
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Article 9. The exemption or reduction of local income tax on any enterprise with foreign investments which operates in an industry or undertakes  a  project encouraged by the state shall, in accordance with the actual situation, be at the discretion of the people's  government  of  the  province,  autonomous  region  or municipality directly under the Central Government.  

 

Article  10.  Any foreign investor of an enterprise with foreign  investments   which  reinvests  its  share  of  profit obtained  from  the enterprise  directly into that enterprise by increasing  its registered capital,  or  by  making the profit as capital  investment to establish other enterprises  with  foreign investments  to operate for a period of not less than five years shall,  upon  approval  by the tax authorities of an application filed  by the investor, be refunded forty percent of the income tax already  paid on the reinvested amount. Where other preferential provisions  are  provided by the State Council, such provisions shall apply. If  the  investor  withdraws  its reinvestment before the expiration of five years, it shall repay the refunded tax.  

 

Article  11.  Losses incurred by any enterprise with foreign investments and  by  an organization or establishment set up in China by a foreign enterprise  to engage in production or business operations in a tax year may be  made  up by the income of the following tax year. Should the income of the following tax year be insufficient to make up for the said losses, the balance may be made up by its income of the further subsequent year, and so on, over a period not exceeding five years.  

 

Article  12. Any enterprise with foreign investments shall be allowed to deduct from the amount of tax payable the foreign income tax already paid abroad  in  respect  of the income derived from sources  outside China when filing  a  consolidated  income  tax return.  The  deductible amount shall, however,  not  exceed the amount of income tax otherwise payable under this Law in respect of the income derived from sources outside China.  

 

Article  13.  The payment or receipt of money or fees in business  transactions   between an  enterprise  with  foreign investments  or,  an organization or establishment set up in China by a foreign enterprise to engage in production or business operations, and its associated enterprises, shall be made in the same way as the payment or receipt of money or fees in business transactions between independent enterprises. Where the payment or receipt of money or fees in not made in the same way as that in business transactions between  independent enterprises and results in a reduction of the taxable  income, the tax authorities shall have the right to make reasonable adjustment.  

 

Article  14.  Where an enterprise with foreign investments and  an organization or establishment set up in China by a foreign enterprise  to  engage  in  production or business operations is established, moves to a new site,  merges with another enterprise, breaks up, winds up or makes a change in any of the main entries of registration, it shall present the relevant documents  to  and go through  tax  registration with, the local tax authorities within thirty days after the relevant event is registered with or a change or cancellation in registration in made by the administrative agency for industry and commerce.  

 

Article  15.  Income tax on enterprises and local income tax shall be computed on an annual basis and paid in advance in quarterly installments. Such  payments  shall  be made within fifteen days from the end of each quarter and the final settlement shall be made within five months from the end  of each tax year. Any excess payment shall be refunded and any deficiency shall be repaid.  

 

Article  16.  Any  enterprise  with  foreign investments and  any organization or establishment set up in China by a foreign enterprise to engage  in production or business operations shall file  its quarterly provisional  income tax return in respect of advance payments with the local tax authorities within the period of each advance payment of tax, and it shall file an annual income tax return together with the statement of final accounts within four months from the end of the tax year.  

 

Article  17.  Any  enterprise  with  foreign investments and  any organization or establishment set up in China by a foreign enterprise to engage  in  production  or business operations shall submit a report on its financial  and  accounting systems to the local  tax authorities for reference. All accounting records must be  complete  and accurate, with legitimate vouchers as the basis for entries.  

If the  procedures for financial management and accounting of an enterprise  with  foreign  investments  and  an  organization or establishment set up in China  by a foreign enterprise to engage in  production  or  business operations contradict the relevant tax provisions of the State Council, tax payment shall be computed in accordance with the relevant tax provisions of the State Council.  

 

Article  18.  When  any enterprise with foreign investments goes into liquidation, and if the balance of its net assets or the balance of its remaining property after deduction of the enterprise's undistributed  profit,  various  funds  and  liquidation  expenses exceeds the enterprise's actually paid capital, the excess portion shall be income from liquidation on which income tax shall be paid in accordance with the provisions of this Law.
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