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1.
Corporate Income Tax Foreign
invested enterprises (Sino-foreign equity joint ventures, Sino-foreign
contractual joint ventures and solely foreign invested enterprises) and foreign
enterprises which have their organizations established in the Chinese territory
and are engaged in production and business are subject to corporate income tax
at a rate of 30% and local income tax at a rate of 3%. The manufacturing type
foreign invested enterprises in Shanghai pay income tax at a reduced rate of 24%, and those
in the economic and technological development zones of Shanghai and Pudong New
Area pay income tax at a reduced rate of 15%. A 20% income tax shall be levied
on the income derived from profits, interests, rentals, royalties and other
sources in China by foreign
enterprises which have no establishments in China. The above
mentioned enterprises enjoy a reduced income tax rate of 10% in Shanghai (known
internationally as withholding tax which is paid in advance by the disburser).
The enterprises which provide fund or equipment on favourable terms or which
transfer advanced technologies can enjoy further preferential treatment in terms
of income tax reduction or exemption upon approval of municipal government.
Income Tax Rate for Foreign Invested Enterprises in Shanghai
Income
Tax Rate for Foreign Invested Enterprises in Shanghai
|
Tax |
Tax
Rate |
|
areas
other than the development zones |
Pudong
New Area and development zones |
|
Corporate
Income Tax |
in
a normal year |
Manufacturing
enterprise 24% |
Manufacturing
enterprise 15 % |
|
Tax
exemption and reduction period |
first
and second years after making profit |
Income
tax is exempted for enterprises with business period of over 10
years |
|
third,
fourth and fifth years after making profit |
24%×0.5=12% |
15%
x 0.5=7.5% |
|
Extension
of tax exemption and reduction period |
Technologically
advanced enterprises enjoy tax reduction by 50% for 3 more
years |
|
24%
x 0.5=12% |
10% |
|
tax
reduction in a specific year |
When
the export value of an enterprise reaches 70% or more of its total output
i n a certain year, the enterprise can enjoy 50% reduction of its tax in
that said year |
|
24%
x 0.5=12% |
10% |
|
Local
Income Tax |
in
a normal year |
3% |
|
|
first
and second years after making profit |
tax
exemption |
|
tax
exemption in a specific year |
when
the export value of an enterprise reaches 70% or more of its total output
in a certain year, the tax can be exempted in that
year |
|
when
sending pros abroad |
free
of tax |
Note:
1. The Corporate Income Tax rate of a non-manufacturing enterprise is 30%. The
Local Income Tax rate of a non-manufacturing enterprise is 3% . 2. For a
foreign invested enterprise engaged in the building of municipal infrastructure
with its business period of over 15 years, corporate income tax can be exempted
for the first five years after making profits, and the corporate income tax can
be reduced by 50% for the second five years. 3. For a foreign invested
enterprise carrying on building infrastructure in Pudong New Area, the corporate
income tax rate is 15%.
2.
Value Added Tax, Consumption Tax and Business Tax Previously,
incomes of foreign invested enterprises derived from sales of their industrial
products, commercial retails, improtation of goods, transportation and other
services were subject to the industrial and commercial consolidated tax . The
minimum rate was 1.5% and the maximum was 55% (excluding tobacco and alcohol).
On december 29th, 1993, a resolution was passed at the 5th session of the 8th
National People’s Congress. It stated that before relevant laws were
promulgated, the provisional regulations promulgated by the State Council on
value added tax, consumption tax and business tax shall be applicable to foreign
invested enterprises as of January 1st, 1994. In the meantime, the ind ustrial and
commercial consolidated tax was abolished. If a foreign invested enterprise
established before December 31st, 1993 incurred extra burden due to the fact
that in lieu of industrial and commercial consolidated tax it started to pay
value added tax, consumption tax and business tax, it can get a rebate for the
extra burden it paid for a period of no more than 5 years within its approved
operational period or for a period of no more than 5 years if the enterprise
does not have stipulated operational period upon application by the enterprise
and approval by the taxation authority, (1) Value Added Tax Enterprises or
individuals who sell commodities, engage in repair and maintenance or import and
export business in the territory of China are subject to value added tax in line
with Chinese laws. The standard rate for value added tax is 17% , but the rate
for a few commodities such as grain, cooking oil, running water, forage,
fertilizer, pesticide, and farming machinery is 13%. (2) Consumption Tax
Product, processing and importation of the following 11 commodities in the
territory of
China are subject to
consumption tax: tabacco, alcoholic drinks or alcohol, cosmetics, skin and hair
care products, jewellery, fireworks, gasoline, diesel, automobile tyre,
motorcycle and motorcar. Consumption tax is calculated in two ways. One way is
to calculate according to quantity (gasoline is RMB 0.20 per litre). The other
is to set tax rate according to the price of commodities (the rate for motorcar
with its engine cylinder capacity under 2,200ml is 8%). (3) Business Tax
Enterprises or individuals whose businesses are in the sectors of transportation
, post and telecommunication, finance and insurance, construction, art, sports,
entertainment, and services, or who transfer incorporeal properties, sell
immovables in the territory of China are subject to business tax. Business tax
rate is 3% or 5%. But the tax rate for entertainment sector is 10% or
15%.
|
增值税 |
消费税 |
营业税 |
|
基本税率为17%,对粮食、食用植物油、自来水、饲料、化肥农药农机等少数货物税率为13% |
一种为从量定额 |
税率为3%或5%,其中娱乐业的税率为10%或15% |
|
一种为从价定率 |
3.
Stamp Tax Activities
involving purchases and sales, processing, contracting, leasing, transportation,
storage, loan lending, property insurance, technology contract and property
transfer vouchers, business account books and licenses are subject to stamp tax.
The minimum rate of a stamp tax is 0.005% and the maximum is 0.1%. For licenses
and business account books (not including the account books for stating funds),
stamps shall be sticked on to each pieces. The price is RMB 5 a piece.
4.
City Real Estate Tax The
tax is levied at an annual rate of 1.2% on the original value of the real
estate, after 20% is deducted therefrom. The tax rate is 12% if it is levied on
the rental income. The newly constructed houses, which are built by the relevant
foreign-invested enterprises themselves or purchased by the relevant
foreign-invested enterprises in Pudong New Area and Economic and Technological
Development Zones, shall be exempt from real estate tax for 5 years as of the
month of completion of construction or purchase.
5.
Vehicle and Vessel Licence Tax All
the vehicles owned and used by foreign invested enterprises are subject to this
tax according to “The Interim Regulations on the Vehicles and Vessels Operation
Licence Tax”. The tax rates are as follows:
|
Category |
Type |
Unit |
Annual
Tax yable |
|
Motor
Vehicles |
Passenger
Cars |
Vehicle |
RMB320 |
|
Trucks |
Ton |
RMB60 |
|
Motorcycle |
2
wheels |
Vehicle |
RMB60 |
|
3
wheels |
Vehicle |
RMB80 |
|
Light-Duty
Motorcycle |
Vehicle |
RMB20 |
|
Temporary
License |
Ten
days constitute a session. For each session at 3% of the tax of the said
vehicle. If it is used for less than 10 days, it is regarded as 10
days. |
6.
Individual Income Tax (1)
The individul income, such as wages and salaries of foreigners working in China
shall be taxed at the following progressive rates: (2) Individual income tax
shall also be levied on those who have income derived from working in any of the
following service businesses in the territory of China: design,decoration,
installation, drafting, chemical analysis, testing, medicine, law, accounting,
consulting, giving lecture, press, radio broadcasting, translation, examination
and checking of manuscript, writing, painting, sculpture carving, movie and
television, audio recording, video recording, performance, display, advertising,
exhibition, technical service, introduction service, brokerage service, agency
service, and others. The income taxable each time is the remaining sum of the
income after RMB 800 is deducted if the said income is under RMB 4,000. If the
said income is over RMB 4,000, 20% of the income shall be deducted and the
remaining sum is the amount taxable. The tax rate is 20%. If an individual’s
income taxable is over RMB 20,000 but under RMB 50,000, the tax rate to the part
which exceeds RMB 20,000 shall be increased by 50% from its original rate. The
tax rate to the part which exceeds RMB 50,000 shall be increased by 100% from
its original tax rate.
|
Grade |
Monthly
Income Taxable(RMB) |
Tax
Rates(%) |
|
1 |
The
section less than 500 |
5 |
|
2 |
The
section from 500 plus to 2,000 |
10 |
|
3 |
The
section from 2,000 plus to 5,000 |
15 |
|
4 |
The
section from 5,000 plus to 20,000 |
20 |
|
5 |
The
section from 20,000 plus to 40,000 |
25 |
|
6 |
The
section from 40,000 plus to 60,000 |
30 |
|
7 |
The
section from 60,000 plus to 80,000 |
35 |
|
8 |
The
section from 80,000 plus to 100,000 |
40 |
|
9 |
The
section exceeding 100,000 |
45 |
7.
ATTACHMENT: DEED TAX When
transferring the ownership of land and houses in the territory of the People’s
Republic of China, any organization or individual on the receiving end is
subject to deed tax. The transfer of ownership of land and houses refers to: 1)
the grant of land use right by the state (not including the transfer of
management right of the rural collective land); 2) transfer (including selling,
bestowal and exchange) of land use right; 3) sale and purchase of houses; 4)
bestowal of houses; 5) exchange of houses. The tax rate is 3-5%, determined by
provincial, autonomous region, or municipal governments according to their
actual situation and registered with the State Finance Ministry and the State
Council for file.
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