企业所得税法实施条例英文.docx

1、企业所得税法实施条例英文The Release of Regulations on the Implementation of Enterprise Income Tax Law of the Peoples Republic of China by the State Council 发文日期12-06-2007内容分类Tax Law发文机关the State Council 文号Order of the State Council 2007 No. 512时效性Effective生效日期2008-01-01有效范围NationalThe Release of Regulations on

2、the Implementation of Enterprise Income Tax Law of the Peoples Republic of China by the State CouncilOrder of the State Council 2007 No. 512December 6, 2007Regulations on the Implementation of Enterprise Income Tax Law of the Peoples Republic of China, approved at the 197th Executive Meeting of the

3、State Council on November 28, 2007, are hereby promulgated and shall come into effect as of January 1, 2020. Premier: Wen JiabaoAttachment: Regulations on the Implementation of Enterprise Income Tax Law of the Peoples Republic of China Chapter I General Provisions Article 1 In accordance with the pr

4、ovisions of the Enterprise Income Tax Law of the Peoples Republic of China (hereinafter called the Enterprise Income Tax Law), this Regulation is hereby formulated. Article 2 The individual proprietorship enterprises and the partnership enterprises indicated in the Article 1 of the Enterprise Income

5、 Tax Law refer to the individual proprietorship enterprises and the partnership enterprises established in accordance with the provisions of Chinese laws and administrative rules. Article 3 The enterprises established in accordance with Chinese laws and administrative rules within Chinas territory,

6、as indicated in the Article 2 of the Enterprise Income Tax Law, include the companies, the institutions, the social organizations, and other organizations with income sources. The enterprises established in accordance with the foreign (regional) laws, as indicated in the Article 2 of the Enterprise

7、Income Tax Law, refer to enterprises and other organizations with income sources which are established in accordance with the foreign (regional) law. Article 4 The in-fact administrative organizations indicated in the Article 2 of the Enterprise Income Tax Law refer to the organizations that actuall

8、y and comprehensively manage and control the production and operation, staff, account, property and other aspects of enterprises. Article 5 The organizations and places indicated in the Clause 3 of the Article 2 of the Enterprise Income Tax Law refer to the organizations and places wherein the domes

9、tic production and operation activities are conducted, including: 1. Management office, business office, representative office; 2. The places used as farm, factory, and exploitation of natural resources; 3. Places where the labor service is provided; 4. Places where the engineering works in fields l

10、ike construction, installation, assembly, repair and exploration are conducted; 5. Other organizations and places wherein other production and operation activities are conducted. If non-resident enterprises authorize business agents to engage in production and operation activities within Chinese ter

11、ritory, including entrusting units or individuals to sign contracts, store goods or deliver goods etc, such business agents shall be deemed as the organization or establishment set up by the non-resident enterprises within Chinese territory. Article 6 The incomes indicated in the Article 3 of the En

12、terprise Income Tax Law include the income from selling goods, the income from providing labor service, the income from property transfer, the income from equity investment such as the dividends and bonus, the income from interest, the income from rental, the income from royalty fee, the income from

13、 donation and other incomes. Article 7 The incomes from Chinese territory and foreign territory which are indicated in Article 3 of the Enterprise Income Tax Law shall be recognized in accordance with the following principles: 1. The incomes from selling goods shall be recognized in terms of places

14、where the sales activities happen; 2. The incomes from providing labor service shall be recognized in terms of places where the labor services provide; 3. As to the incomes from property transfer, if the income from transferring real properties, it shall be recognized in terms of where the real prop

15、erty is located; if transferring the movable properties, it shall be recognized in terms of where the enterprise/organization/place conducting the transfer of the movable properties is located; if transferring the equity investment assets, it shall be recognized in terms of where the enterprise acce

16、pting the equity investment is located; 4. For the income from equity investment such as the income from dividend and bonus, it shall be recognized in terms of where the enterprise distributing the dividend and bonus is located; 5. For the income from interest, rental and royalty fee, it shall be re

17、cognized in terms of where the enterprise/organization/place bearing or paying the interest, rental and royalty fee is located; 6. For other incomes, they shall be recognized in terms of the rules of the competent finance and taxation departments under the State Council; Article 8 The actual associa

18、tions indicated in the Article 3 of the Enterprise Income Tax Law mean organizations and places established by non-resident enterprises within Chinese territory own equities, creditors rights generated by themselves and own, manage or control the properties generated by themselves. Chapter II Taxabl

19、e Incomes Section 1 General Provisions Article 9 The amount of income taxable of enterprise shall be computed on the accrual basis. For the income and expense belonging to the current period, regardless of whether they have received or paid, they shall be recognized as the income and expense in the

20、current period; for the income and expense not belonging to the current period, even if they have received or paid in the current period, they shall not be recognized as the income and expense in the current period, unless otherwise prescribed in these Regulations and the rules of the competent fina

21、nce and taxation departments under the State Council. Article 10 The loss mentioned in the Article 5 of the Enterprise Income Tax Law means the negative balance (less than zero) of total income minus tax-exemption income minus various deductions in each taxpaying year in accordance with the provisio

22、ns of the Enterprise Income Tax Law and these Regulations. Article 11 The income from liquidating mentioned in the Article 55 of the Enterprise Income Tax Law means the balance of the realized value of enterprises total assets or the transaction price minus net assets value minus liquidating expense

23、 minus other relevant taxes. For the part of the residual assets the investing enterprise has acquired from the liquidated enterprise, which is equal to the total of the accumulative undistributed profit and the accumulative surplus fund of the liquidated enterprise, it shall be recognized as the in

24、come from dividend. For the balance of the aforesaid residual assets minus the aforesaid the income from dividend, which is above/or below the investment cost, the above or below part shall be respectively recognized as income/or loss from transferring investment assets. Section 2 Incomes Article 12

25、 The currency forms of the enterprise income indicated in the Article 6 of the Enterprise Income Tax Law shall include the cash, the bank deposit, the receivable, the note receivable, the speculative bonds investment the enterprise intends to possess till they get expired, and exempt of liabilities.

26、 The non-currency forms of the enterprise income indicated in the Article 6 of the Enterprise Income Tax Law shall include the fixed assets, the biology assets, the intangible assets, the equity investment, inventory, the speculative bond investment the enterprise does not intend to possess till the

27、y get expired, and labor service and other equities. Article 13 The enterprises acquired non-currency income indicated in the Article 6 of the Enterprise Income Tax Law shall be calculated based on the fair value. The aforesaid fair value means assets value determined by market price. Article 14 The

28、 incomes from selling goods which is indicated in the Item 1 of the Article 6 of the Enterprise Income Tax Law mean the incomes the enterprise has acquired through selling the commodities, the goods, the raw materials, the packaging, the low-value consumables, and other inventories. Article 15 The i

29、ncomes from providing the labor services which are indicated in the Item 2 of the Article 6 of the Enterprise Income Tax Law mean the incomes the enterprise has acquired through engaging in the construction & installation, repair & maintenance, transportation, warehouse lease, financial service & in

30、surance, post & telecom, consulting & brokerage, culture & sports, scientific research, technical service, education & training, restaurant & hotel, agent services, hygiene & healthcare, community service, tourism, entertainment, processing and other labor services. Article 16 The incomes from the p

31、roperty transfer indicated in the Item 3 of the Article 6 of the Enterprise Income Tax Law mean the incomes the enterprise has acquired through transferring fixed assets, biologic assets, intangible assets, equity, and the creditors right. Article 17 The incomes from the equity investments like the

32、income from dividend and bonus indicated in the Item 4 of the Article 6 of the Enterprise Income Tax Law mean the incomes which the enterprise has acquired through equity investment from the invested party. The recognition of the incomes from the equity investments like the income from dividend and bonus shall be based on the time when the invested party has made its profit distribution plan unless otherwise stipulated by finance and tax departments under the State Council. Article 18 The incomes from the interests indicated in the Ite