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中华人民共和国企业所得税暂行条例 PROVISIONAL REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ENTERPRISE INCOME TAX

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国务院第137号令
(Adopted at the 12nd Executive Meeting of the State Council on November 26, 1993, promulgated by Decree No. 137 of the State Council of the People's Republic of China on December 13, 1993 and effective as of January 1, 1994)
颁布日期:19931213  实施日期:19940101  颁布单位:国务院

  Article 1 All enterprises, other than foreign investment enterprises and foreign enterprises, within the territory of the People's Republic of China, shall pay Enterprises Income Tax (“Income Tax”) on income derived from production and business operations and other income in accordance with the provisions of these Regulations. Income from production and business operations and other income shall include income sourced both within and outside the People's Republic of China.

  Article 2 The following enterprises or organizations, which independently account for their respective financial results (hereinafter referred to as Taxpayers) shall have an obligation to pay Income Tax:

  (1) State-owned enterprises;

  (2) Collective enterprises;

  (3) Private enterprises;

  (4) Joint venture enterprises;

  (5) Joint stock enterprises;

  (6) Any other organizations deriving income from production and business operations and other income.

  Article 3 The Income Tax payable by a Taxpayer shall be computed at 33% of its Taxable income. Article 4 The Taxable Income shall represent total income earned by the Taxpayer in a tax year less Deductible Items

  Article 4 The Taxable Income shall represent total income earned by the Taxpayer in a tax year less Deductible Items for that tax year.

  Article 5 The total income of a Taxpayer shall include:

  (1) Income from production and business operations;

  (2) Income from the transfer of property;

  (3) Interest income;

  (4) Income from leasing;

  (5) Income from royalties and licence fees;

  (6) Dividend income;

  (7) Other income.

  Article 6 Deductible Items for the purposes of arriving at the Taxable Income are costs, expenses and losses incurred by the Taxpayer in earning that income.

  The following items shall be deductible based on the prescribed scopes and criteria:

  (1) Interest expenses incurred by a Taxpayer on borrowings from financial institutions during the course of production and business operations shall be deductible on an actual basis. Interest expenses incurred on borrowings from non-financial institutions shall be deductible to the extent that such interest payments do not exceed those on similar borrowings provided by financial institutions during the same period.

  (2) Salaries and wages paid to employees by a Taxpayer shall be deductible based on the amount of tax salaries and wages. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall determine, within the range set down by the Ministry of Finance, the bases of calculating the tax salaries and wages and shall submit them to the Ministry of Finance for records purposes.

  (3) Employees union's expenses, employees' welfare costs and employees' educational expenses are deductible at 2%, l4% and 1.5% respectively of the amount of tax salaries and wages.

  (4) Donations for community benefits and charitable donations by a Taxpayer in a year are deductible up to 3% of the Taxable Income.

  Items other than above-listed shall be deducted in accordance with laws, executive regulations and relevant tax rules promulgated by the State.

  Article 7 The following items shall not be deductible in calculating the Taxable Income:

  (1) Expenditure of a capital nature;

  (2) Expenditure on acquisition or development of intangible assets;

  (3) Fines in relation to illegal business operations and losses incurred on confiscation of property;

  (4) Surcharge on overdue tax payments, fines and penalties in relation to various types of taxes;

  (5) That portion of losses incurred due to natural disasters or accidents, which is covered by compensations receivable;

  (6) Donations for community benefits and charitable donations in excess of the deductible amounts; and donations other than those for community benefits or charitable donations;

  (7) Expenditure on any sponsorship;

  (8) Other items of expenditure that are not incurred in the earning of income.

  Article 8 Tax incentives are available to the following Taxpayers:

  (1) Enterprises operating in autonomous regions requiring special incentives and encouragement shall be given tax reductions or exemptions for a specified period upon the approval of the provincial people's governments;

  (2) Enterprises given tax reductions or exemptions under the laws, executive regulations and relevant provisions of the State Council shall be granted such tax incentives accordingly.

  Article 9 In the calculation of Taxable income, where the financial and accounting bases adopted by a Tax payer contradict the relevant tax provisions, Taxable Income shall be computed in accordance with those relevant tax provisions.

  Article 10 Business transactions between a Taxpayer and its associated enterprises shall be conducted in the same manner as those between independent enterprises in respect of the amounts of receipts or payments. Where the business transactions which give rise to the receipts or the payments are not carried out on the same bases as those between independent enterprises and result in a reduction of Taxable Income of the Taxpayer, the tax authorities shall have the right to make reasonable adjustment.

  Article 11 Losses incurred in a tax year by a Taxpayer may be offset against the income of the following tax year. Should the income of the following tax year be insufficient to absorb the said losses, the balance may be carried forward to be offset against the income of subsequent tax years. However, losses may only be carried forward over a period not exceeding five tax years.

  Article 12 A Taxpayer shall be allowed, when filing a Consolidated Income Tax Return, to deduct from the amount of income Tax payable the foreign income tax already paid abroad in respect of the income derived from sources outside the People's Republic of China. The deductible amount shall, however, not exceed the amount of Income Tax otherwise payable under the provisions of these Regulations.

  Article 13 When a Taxpayer is placed into liquidation in accordance with the relevant legislation, Income Tax shall be payable on the net income upon completion of liquidation in accordance with the provisions of these Regulations.

  Article 14 Unless otherwise required by the State, a Taxpayer shall pay Income Tax to the local tax authorities where the enterprise is situated.

  Article 15 Income Tax payable shall be calculated on an annual basis and provisional tax payments shall be made on a monthly or quarterly basis. Such provisional payments shall be made within 15 days from the end of each month or quarter as applicable. The final settlement shall be made within four months from the end of the tax year with any excess tax payment refunded or any deficiency repaid.

  Article 16 A Taxpayer shall file accounting statements and provisional Income Tax returns within 15 days from the end of each month or quarter as applicable with the local tax authorities where it is located. The Taxpayer shall also file the final accounting statements and Income Tax return with the local tax authorities where it is located within 45 days from the end of the tax year.

  Article 17 The administration for the collection of Income Tax shall be conducted in accordance with the Tax Collection and Administration Law of the People's Republic of China and the relevant provisions of these Regulations.

  Article 18 The payment of Income Tax by financial and insurance enterprises shall be made in accordance with the relevant regulations.

  Article 19 The Ministry of Finance shall be responsible for the interpretation of these Regulations. The rules for the implementation of these Regulations shall be determined by the Ministry of Finance.

  Article 20 These Regulations shall come into effect on January 1, 1994. As from this same date, the Draft Regulations of the People's Republic of China on State-Owned Enterprise Income Tax and Measures of Collection of State-Owned Enterprise Adjustment Tax published by the State Council on September 1, 1984, the Provisional Regulations of the People's Republic of China on Collective Enterprise Income Tax published on April 11, 1985 and the Provisional Regulations of the People's Republic of China on Private Enterprise Income Tax published on June 25, 1988 shall all be abolished. The measures of the State Council in connection with contracted payment of Income Tax on State-owned enterprises shall also cease to be effective as from the same date.

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