INCOME TAX LAW CONCERNING CHINESE-FOREIGN JOINT VENTURES
(Adopted by the Third Session of the Fifth National People’s Congress and Promulgated on and Effective as of September 10, 1980) Article 1 Income tax shall be paid in accordance with the provisions of this Law by Chinese-foreign joint ventures (hereafter referred to as Income tax on the income from production and business operations and on other income of branches of a joint venture inside and outside Article 2 The taxable income of a joint venture shall be the excess of its gross income in a tax year over its deductible costs, expenses and Article 3 The income tax rate on joint ventures shall be 30 percent. In addition, a local income tax of 10 percent of the assessed income tax The income tax rates on joint ventures that develop petroleum, natural gas and other resources shall be stipulated separately. Article 4 When a foreign joint venturer remits abroad its share of profit obtained from the venture, an income tax of 10 percent of the remitted Article 5 A newly established joint venture scheduled to operate for a period of 10 years or more, upon approval by the tax authorities of With the approval of the Ministry of Finance of the People’s Republic of China, joint ventures engaged in relatively low-profit operations Article 6 A joint venturer that reinvests in China its share of profit obtained from the venture for a period of not less than five years shall, Article 7 Losses incurred by a joint venture in a tax year may be carried over to the next tax year and offset against a corresponding amount Article 8 Income tax on joint ventures shall be computed and levied on an annual basis and paid in advance in quarterly installments. Such Article 9 A joint venture shall file its income tax returns in respect of advance payments with the local tax authorities within the period Article 10 Income tax on joint ventures shall be computed in terms of Renminbi. Income in foreign currency shall be taxed on the equivalent Article 11 When a joint venture starts to operate, changes its line of production, moves to a new site, ceases to operate or changes or assigns Article 12 The tax authorities have the right to investigate the financial, accounting and tax affairs of a joint venture. The joint venture Article 13 A joint venture must pay its tax within the prescribed time limit. In case of failure to do so, the tax authorities, in addition Article 14 The tax authorities may exercise their discretion in light of the circumstances to impose a fine on a joint venture that has violated In dealing with a joint venture that has evaded or refused to pay tax, the tax authorities, in addition to pursuing the tax payment, Article 15 In case of a dispute with the tax authorities over tax payment, a joint venture must first pay the tax as prescribed before applying Article 16 Income tax paid abroad by a joint venture or its branches may be credited against the assessed income tax of the head office. When agreements on avoidance of double taxation have been concluded between the Government of the People’s Republic of China and foreign Article 17 Rules for the implementation of this Law shall be formulated by the Ministry of Finance of the People’s Republic of China. Article 18 This Law shall go into effect on the day of its promulgation.
(The English translations are for reference only)
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