China Law & Practice

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Tax

May 2008

Current Policies and Prospects on Cross-straits Economic Exchanges
Vice Chairperson of the Mainland Affairs Council Liu Te-shun (LTS) spoke with Chris Bisogni (CB) and shared his thoughts on the development of cross-straits economic ties and what the Taiwanese people can expect as a result of Ma Ying-jeou’s victory in the recent election.

Circular on the Handling of Relevant Matters Following the Abolition of Several Preferential Tax Policies Previously Available to Foreign-invested Enterprises and Foreign Enterprises
关于外商投资企业和外国企业原有若干税收优惠政策取消后有关事项处理的通知
The Circular clarifies three issues arising after the abolition of several preferential tax policies previously available to foreign-invested enterprises and foreign enterprises.

Tax Treatment of Mergers, Divisions and Reorganizations

State Administration of Taxation, Circular on the Handling of Relevant Matters Following the Abolition of Several Preferential Tax Policies Previously Available to Foreign-invested Enterprises and Foreign Enterprises
国家税务总局关于外商投资企业和外国企业原有若干税收优惠政策取消后有关事项处理的通知
Tax refund policy for reinvestments by foreign investors clarified.

State Administration of Taxation, Circular on Issues Relevant to the Prepayment of Enterprise Income Tax of Real Property Developers
国家税务总局关于房地产开发企业所得税预缴问题的通知
Rate of tax prepayment raised to 20% for pre-sold premises.

State Administration of Foreign Exchange and State Administration of Taxation, Circular on Issues Relevant to the Trial Implementation of Tax Filing for Outbound Payments of Trade in Services
国家外汇管理局、国家税务总局关于试行服务贸易对外支付税务备案有关问题的通知
Advance tax filing for the service industry implemented in six places for trial.

State Administration of Taxation, Circular on Issues Relevant to the Administration of Tax Collection Concerning Outbound Payments of Trade in Services
国家税务总局关于服务贸易对外支付税收征管有关问题的通知
Procedures for advance tax filing for the service industry clarified.

State Administration of Taxation, Supplementary Circular on Issues Relevant to the Administration of Tax Collection Concerning Outbound Payments of Trade in Services
国家税务总局关于服务贸易对外支付税收征管有关问题的补充通知
International maritime transport not included in trial advance tax filing.

April 2008

Tariff/Tax Regulation Committee of the State Council, Circular on Exemption of Export Customs Duty for Certain Products that Enter Special Customs Supervised Zones
国务院关税税则委员会关于对部分进入海关特殊监管区域的产品不征收出口关税的通知
Manufacturers in special processing zones entitled to export customs duty exemption for purchase of Chinese raw materials.

March 2008

PRC Individual Income Tax Law (5th Revision)
中华人民共和国个人所得税法 (第五次修正)
The limit for deduction of expenses raised for wage income of individuals.

PRC Individual Income Tax Law (5th Revision)
中华人民共和国个人所得税法 (第五次修正)
The limit for deduction of expenses raised for wage income of individuals.

State Administration of Taxation, Circular on Issues Relevant to Prepayment of Enterprise Income Tax
国家税务总局关于企业所得税预缴问题的通知
Certain enterprises prepaying tax on a monthly basis now may prepay tax on a quarterly basis.

Key Clarifications on Preferential Tax Treatment in the Enterprise Income Tax

February 2008

The Draft Energy Law: a Possible Legal Protocol to Help China Go Green
As the second largest emitter of greenhouse gas in the world after the United States, the PRC is under great pressure and scrutiny from other countries, and has dedicated a great deal of resources and legislation effort in order to lower its emissions. Can the draft Energy Law successfully turn China into an energy-efficient country?

Implementing Regulations for the PRC Enterprise Income Tax Law
中华人民共和国企业所得税法实施条例
The Implementing Regulations clarify enterprise income tax matters in respect of revenue, deductions, tax treatment of assets, tax payable, preferential tax treatment, withholding at source, special tax adjustments, and administration of levy and collection.

NEW INCOME TAX LAW INCREASES DOMESTIC ENTERPRISES' COMPETITION

State Council, Implementing Regulations for PRC Enterprise Income Tax Law
国务院中华人民共和国企业所得税法实施条例
Enterprise tax deductions further clarified in implementing regulations.

State Council, Circular on the Implementation of Transitional Preferential Enterprise Income Tax Policies
国务院关于实施企业所得税过渡优惠政策的通知
State Council issues transitional preferential tax policies in view of the implementation of the PRC Enterprise Income Tax Law.

Other Recent Legislation for This Month

China Law & Practice Events

The 2008 Asia Pacific M&A Summit
05 August 2008
Location: Hong Kong

The 2008 Asia Pacific Dispute Resolution Summit
26 June 2008
Location: Singapore

The 2008 Asialaw India Summit
04 September 2008
Location: Mumbai

The 2008 Asialaw China Summit
23 September 2008
Location: Shanghai