The Law of the People’s Republic of China on Enterprise Income Tax
Table of Content
Chapter One General Provisions
Chapter Two Taxable Income
Chapter Three Payable Tax
Chapter Four Preferential Tax Treatment
Chapter Five Tax Withheld at Source
Chapter Six Special Tax Payment Adjustment
Chapter Seven Administration of Tax Levying and Collection
Chapter Eight Supplementary Provisions
Chapter One General Provisions
Article 1 Taxpayers of enterprise income tax shall be enterprises and other organizations that
obtain income within the People’s Republic of China (hereinafter referred to as “Enterprises”) and
shall pay enterprise income tax in accordance with the provisions of this Law.
This Law shall not apply to wholly individually-owned enterprises and partnership
enterprises.
Article 2 Enterprises are divided into resident enterprises and non-resident enterprises.
For the purposes of this Law, the term “resident enterprises” shall refer to Enterprises that are
set up in China in accordance with the law, or that are set up in accordance with the law of the
foreign country (region) whose actual administration institution is in China.
For the purposes of this Law, the term “non-resident enterprises” shall refer to Enterprises
that are set up in accordance with the law of the foreign country (region) whose actual
administration institution is outside China, but they have set up institutions or establishments in
China or they have income originating from China without setting up institutions or
establishments in China.
Article 3 Resident enterprises shall pay enterprise income tax originating both within and
outside China.
Non-resident enterprises that have set up institutions or premises in China shall pay
enterprise income tax in relation to the income originating from China obtained by their
institutions or establishments, and the income incurred outside China but there is an actual
relationship with the institutions or establishments set up by such enterprises.
Where non-resident enterprises that have not set up institutions or establishments in China, or
where institutions or establishments are set up but there is no actual relationship with the income
obtained by the institutions or establishments set up by such enterprises, they shall pay enterprise
income tax in relation to the income originating from China.
Article 4 The rate of enterprise income tax shall be 25%.
Non-resident enterprises that have obtained income in accordance with the provisions of
Paragraph Three of Article 3 hereof, the applicable tax rate shall be 20%.
Chapter Two Taxable Income
Article 5 The balance derived from the total income in each taxable year of Enterprises, after
deduction of the non-taxable income, tax exempted income, other deductions and the making up
of losses of previous years shall be the taxable income.
Article 6 Income obtained by Enterprises from various sources in monetary and
non-monetary terms shall be the total income, including
from sale of goods;
from provision of labour services;
from transfer of property;
from equity investment such as dividend and bonus;
income;
income;
from royalties;
from donations; and
income.
Article 7 The following income from the total income shall not be taxable
funding;
fees and government funds obtained and included in financial management
in accordance with the law; and
non-taxable income prescribed by the State Council.
Article 8 Reasonable expenses that are relevant to the income actually incurred and obtained
by Enterprises, including costs, fees, tax payments, losses and other fees may be deducted from
the taxable income.
Article 9 In relation to the expenses from charitable donations incurred by Enterprises, the
portion within 12% of the total annual profit may be deducted from the taxable income.
Article 10 The following expenses may not be deducted from the taxable income
from equity investment paid to investors such as dividend and bonus;
of enterprise income tax;
payment fines;
; fines and losses from confiscated property;
from donations other than those prescribed in Article 9 hereof;
fees;
for non-verified provisions; and
expenses irrelevant to the income obtained.
Article 11 Where Enterprises compute the taxable income, the depreciation of fixed assets
calculated in accordance with provisions may be deducted.
No depreciation may be deducted for the following fixed assets
assets other than premises and buildings that have not yet been used;
assets leased from other parties by means of business lease;
assets leased to other parties by means of lease financing;
assets that have been depreciated in full but are still in use;
assets that are irrelevant to business activities;
credited as fixed assets after independent price valuation;
fixed assets whose depreciation may not be calculated.
Article 12 In Enterprises compute the taxable income, the amortization of intangible assets
calculated in accordance with provisions may be deducted.
The amortization of the following intangible assets may not be deducted
fees for self development of intangible assets that have been deducted from the taxable
income;
-created goodwill;
assets that are irrelevant to business activities; and
intangible assets whose amortization fee may not be calculated.
Article 13 Where Enterprises calculate taxable income, the following expenses incurred by
Enterprises as long-term fees to be amortized and that are amortized in accordance with provisions
may be deducted
expenses for fixed assets that have been depreciated in full;
expenses for fixed assets leased from other parties;
repair expenses of fixed assets; and
expenses that shall be treated as long-term amortization fees.
Article 14 During the period when Enterprises invest outside the territory, the cost of
investment in assets may not be deducted from the taxable income.
Article 15 The inventory used or sold by Enterprises whose cost is calculated in accordance
with provisions may be deducted from the taxable income.
Article 16 Where Enterprises transfer assets, the net value thereof may be deducted from the
taxable income.
Article 17 Where Enterprises compute the consolidated enterprise income tax, the losses of
business institutions outside the territory may not be offset by the profits of business institutions
inside the territory.
Article 18 Where there is a loss in a taxable year of Enterprises, it may be brought forward to
the succeeding years and made up by the income of succeeding years, but the limit of bringing
forward may not exceed five years.
Article 19 Where non-resident enterprises obtain income provided in Paragraph Three of
Article 3 hereof, the taxable income shall be calculated in accordance with the following methods
from equity investment such as dividend and bonus and interest income, rental
income and royalties, the total income shall be the taxable income;
from property transfer, the balance derived from the deduction of net asset value
from the total income shall be the taxable income;
income whose taxable income shall be calculated with reference to the previous two
methods.
Article 20 The income, specific scope and standard of deduction and the specific method of
taxation treatment of assets prescribed in this Chapter shall be provided by the departments in
charge of finance and taxation under the State Council.
Article 21 In computing the taxable income, where financial and accounting treatment
methods of Enterprises are inconsistent with tax laws and administrative regulations, such taxable
income shall be computed in accordance with tax laws and administrative regulations.
Chapter Three Payable Tax
Article 22 The taxable income of Enterprises shall be the balance derived from the taxable
income of Enterprises multiplies the applicable rate and minus the tax amount of tax reduction and
exemption pursuant to the preferential tax treatment hereof.
Article 23 The income tax that has been paid outside the territory for the following income
obtained by Enterprises may be offset from the payable tax of the current period. The offset limit
is the payable tax calculated in accordance with provisions hereof in respect of the income of such
item, the portion in excess of the offset limit may be made up by the balance of the offset amount
of the current year out of the annual offset limit within the next five years
taxable income originating outside China by resident enterprises;
taxable income incurred outside China that is obtained by institutions or establishments
of non-resident enterprises set up in China with an actual relationship with such institution or
establishment.
Article 24 Where income from equity investment such as dividend and bonus originating
outside the territory of China is shared by foreign enterprises directly or indirectly controlled by
resident enterprises, the portion undertaken by foreign enterprises in the actual income tax actually
paid outside the territory by foreign enterprises may be offset in the offset limit prescribed in
Article 23 hereof as the income tax that may be offset outside the territory by such resident
enterprises.
Chapter Four Preferential Tax Treatment
Article 25 The industries and projects with key support and under encouraged development
by the State may be given preferential enterprise income tax treatment.
Article 26 The following income of Enterprises shall be tax-exempted income
from interests on government bonds;
from equity investment income such as dividend and bonus between qualified
resident enterprises;
from equity investment such as dividend and bonus obtained from resident
enterprises by non-resident enterprises that have set up institutions or establishments in China with
an actual relationship with such institutions or establishments;
of qualified non-profit organizations.
Article 27 The following income may be subject to exempted or reduced enterprise income
tax
from engaging in projects of agriculture, forestry, animal husbandry and fisheries
by Enterprises;
from investment and operation of infrastructure projects with key state support such
as habour, pier, airport, railway, highway, electricity and hydroelectricity by Enterprises;
from engaging in qualified projects of environmental protection and energy and
water conservation;
from qualified transfer of technology by Enterprises; and
prescribed by Paragraph Three of Article 3 hereof.
Article 28 Small-scale Enterprises with minimal profits that are qualified are subject to the
applicable enterprise income tax rate with a reduction of 20%.
High and new technology Enterprises that require key state support are subject to the applicable
enterprise income tax rate with a reduction of 15%.
Article 29 The autonomous authority of ethnic autonomous locality may decide on the
reduction or exemption of the portion of enterprise income tax shared by the locality that shall be
paid by Enterprises of the ethnic autonomous locality. Where an autonomous prefecture or
autonomous county decides on the reduction or exemption, they must report to the people’s
government of province, autonomous region or municipality directly under the central government
for approval.
Article 30 Weighted deduction may be computed in taxable income for the following
expenses of Enterprises
and development fees incurred by Enterprises in the development of new
technology, new products and new skills; and
wages paid by Enterprises for job placement of the disabled and of other personnel
encouraged by the State.
Article 31 Venture investment enterprises that engage in venture investment requiring key
state support and encouragement may offset the taxable income at a certain ratio of the investment
amount.
Article 32 Where the fixed assets of Enterprises actually require accelerated depreciation due
to technology advancement, the years of depreciation may be shortened or the accelerated
depreciation method may be adopted.
Article 33 The income obtained by Enterprises from the production of products in line with
state industrial policies through comprehensive use of resources may be deducted from the taxable
income.
Article 34 The investment by Enterprises on procurement of special facilities for
environmental protection, energy and water conservation and safe production may be subject to an
offset tax amount at a certain ratio.
Article 35 The specific measures of preferential tax treatment prescribed by this Law shall be
formulated by the State Council.
Article 36 Where there is a significant impact on the business activities of Enterprises
pursuant to the needs of national economy and social development, or due to unexpected public
incidents, the State Council may formulate the special preferential policy of enterprise income tax
and report to the Standing Committee of the National People’s Congress for the record.
Chapter Five Tax Withheld at Source
Article 37 The payable income tax from income obtained by non-resident enterprises in
accordance with Paragraph Three of Article 3 hereof shall be subject to tax withheld at source,
with the payer as the withholding agent. The tax payment shall be withheld from the amount paid
or the payable amount due from each tax payment and payable amount of the withholding agent.
Article 38 In respect of the payable income tax from income obtained by non-resident
enterprises from project works and labour services in China, the tax authority may designate the
payer of project price or labour fee as withholding agent.
Article 39 In respect of the income tax that shall be withheld in accordance with Articles 37
and 38 hereof, where the withholding agent has not withheld or fails to perform the withholding
obligation in accordance with the law, the taxpayer shall pay in the place where the tax is incurred.
Where the taxpayer does not pay in accordance with the law, the tax authority may pursue the
payable tax amount of such taxpayer from the amount payable by the payer of other income
projects in China of such taxpayer.
Article 40 The withholding agent shall turn the tax payment withheld to the treasury within 7
days from the day of withholding, and submit a statement of withholding enterprise income tax to
the tax authority of the place where it is located.
Chapter Six Special Tax Payment Adjustment
Article 41 The business transactions between Enterprises and their affiliates that reduce the
taxable income or income of such Enterprises and their affiliates not in compliance with
independent transaction principle, the taxation authority has the right to make an adjustment in
accordance with reasonable methods.
The cost incurred in joint development and transfer of intangible assets, or joint provision
and acceptance of labour services by Enterprises and their affiliates shall be shared under the
independent transaction principle in computing the taxable income.
Article 42 Enterprises may report to the tax authority the pricing principle and calculation
method of the transactions between their affiliates. Upon negotiation and confirmation with the
Enterprises, the tax authority may reach the advance pricing arrangement.
Article 43 Where Enterprises submit to the tax authority the annual enterprise income tax
return, they shall enclose a statement of the annual business transactions between affiliates in
respect of the business transactions of the Enterprises and their affiliates.
Where the tax authority conducts affiliated business investigation, Enterprises and their
affiliates, and other enterprises relevant to the affiliated business investigation shall provide the
relevant information in accordance with provisions.
Article 44 Where Enterprises fail to provide the information of business transactions of
affiliates, or provide false and incomplete information that cannot faithfully reflect the actual
affiliated business transaction, the tax authority has the right to verify its taxable income.
Article 45 Where Enterprises controlled by resident enterprises or resident enterprises and
Chinese residents in the country (region) where the actual tax burden is obviously lower than the
tax rate prescribed by Paragraph One of Article 4 hereof, and profits are not distributed or
distributed at a reduced rate due to reasons other than reasonable business needs, the portion of the
above profits belonged to such resident enterprises shall be included in the income of such
resident enterprises of the current period.
Article 46 The interest fee incurred in excess of the prescribed standard obtained by
Enterprises from the loan investment and equity investment of their affiliates may not be deducted
from the taxable income.
Article 47 Where Enterprises implement other arrangement without reasonable business
objectives to reduce the payable income or income, the tax authority has the right to adjust in
accordance with reasonable methods.
Article 48 Where tax payment requires to be levied additionally by tax authority in respect of
the tax payment adjustment made in accordance with the provisions of this Chapter, such tax
payment shall be levied additionally and interest shall be levied in accordance with the provisions
of the State Council.
Chapter Seven Administration of Tax Levying and Collection
Article 49 The administration of levy and collection of enterprise income tax shall follow the
provisions hereof in addition to the Law of the People’s Republic of China on the Administration
of Levying and Collection of Tax.
Article 50 Unless otherwise specified by tax laws and administrative regulations, resident
enterprises whose place of tax payment is the place of registration of the Enterprise but the place
of registration is outside the territory, the place of tax payment shall be the place where the actual
administration institution is located.
Where resident enterprises establish business institutions in China without legal person
qualification, it shall consolidate the calculation and payment of enterprise income tax.
Article 51 In respect of non-resident enterprises that obtain the income prescribed in
Paragraph Two of Article 3 hereof, the place of tax payment shall be the place where the
institution or the establishment is located. Non-resident enterprises that set up two or more
institutions or establishments in China may, upon the examination and approval of the tax
authority, select its main institution or establishment to pay the consolidated enterprise income
tax.
Where non-resident enterprises obtain the income prescribed in Paragraph Three of Article 3
hereof, the place of tax payment shall be the place where the withholding agent is located.
Article 52 Enterprises may not pay consolidated enterprise income tax unless otherwise
prescribed by the State Council.
Article 53 Enterprise income tax shall be calculated in accordance with the taxable year
which starts from 1 January to 31 December of a calendar year.
If an Enterprise commences business or terminates its business activities during the taxable year
and the actual business period of such taxable year is less than 12 months, the actual business
period shall be treated as a taxable year.
Where the Enterprise is liquidated in accordance with the law, the liquidation period shall be a
taxable year.
Article 54 Enterprise income tax shall be prepaid on a monthly or quarterly basis.
Enterprises shall submit a prepaid enterprise income tax return to the tax authority within 15
days of the completion of the month or the quarter to make tax prepayment.
Enterprises shall submit an annual enterprise income tax return to the tax authority within
five months of the completion of the year and make the settlement of the payable and refundable
tax payment.
Enterprises that submit the enterprise income tax return shall enclose a financial report and
other relevant information in accordance with provisions.
Article 55 Where Enterprises terminate business activities in the interim of the year, they
shall handle with the tax authority the settlement and payment of enterprise income tax of the
current period within 60 days from the actual termination of business.
Enterprises shall, prior to handling registration cancellation, file a return of the income settled
and pay enterprise income tax in accordance with the law.
Article 56 Enterprise income tax paid in accordance with this Law shall be calculated in
Renminbi. Where the income is calculated in a currency other than Renminbi, it shall be converted
into Renminbi for tax payment.
Chapter Eight Supplementary Provisions
Article 57 Enterprises set up with approval prior to the promulgation of this Law that enjoy
low preferential tax rate in accordance with the tax laws and administrative regulations at the
current period may, pursuant to the provisions of the State Council, gradually transit to the tax rate
provided herein within five years of the implementation of this Law. Where such enterprises enjoy
regular tax exemption and reduction, the treatment continues to apply until expiry after the
implementation of this Law. However, those that fail to be entitled to this treatment by reason of
not making any profits, the preferential period shall be calculated from the year this Law is
implemented.
High and new technology enterprises that are set up in a specific zone in accordance with the
law for the purpose of external economic cooperation and technology exchange and that are newly
set up and require key state support in the region of special policy of such region specified by the
State Council may eligible for transitional treatment and the specific measures shall be provided
by the State Council.
Other enterprises under the encouraged category confirmed by the state may eligible for tax
exemption and reduction in accordance with the provisions of the State Council.
Article 58 Where agreements on taxation concluded by the People’s Republic of China and
foreign governments contain different provisions, such agreements shall prevail.
Article 59 The implementing regulations shall be formulated by the State Council on the
basis of this Law.
Article 60 This Law shall come into effect as of 1 January 2008. The Law of the People’s
Republic of China on the Enterprise Income Tax of Foreign-invested Enterprises and Foreign
Enterprises adopted at the 4th session of the 7th National People’s Congress on 9 April 1991 and
the Tentative Regulations of the People’s Republic of China on Enterprise Income Tax
promulgated by the State Council on 13 December 1993 shall be repealed simultaneously.
