About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

China

CN129

Back

Circular of the State Administration of Taxation for Defining the Incomes of Foreign Enterprises and Individuals from Technology Transfer which Are to Be Exempt from Business Tax

 Circular of the State Administration of Taxation for Defining the Incomes of Foreign Enterprises and Individuals from Technology Transfer which Are to Be Exempt from Business Tax

Circular of the State Administration of Taxation for Defining the

Incomes of Foreign Enterprises and Individuals from Technology

Transfer which Are to Be Exempt from Business Tax

Full text

The bureau of Local Taxation of every province, autonomous region, municipality directly under the Central Government and municipality separately listed on the State plan:

According to the provisions of 'Circular of the Ministry of Finance and the State Administration of Taxation for Implementation of Provisions Concerning Taxation in "Decision of the Central Committee of the Chinese Communist Party and the State Council on Promotion of Technological Innovation, Development of High Technologies and Accomplishment of Industrialization "(CaiShuiZi [1999] No.273), incomes of foreign enterprises and individuals from technology transfer, business of technology development and related business of technical consultancy and service shall be exempt from business tax. For the purpose of convenient implementation, provisions are hereby made for clarification of the incomes of foreign enterprises and individuals from technology transfer which are exempt from business tax.

1. The income from technology transfer that is exempt from business tax means those earned by the transferor from compensated transfer of, the ownership of, or the right to use his patent or non-patent technology and from the provision of relevant technical consultancy and service. Incomes relating to technology transfer earned in the form of 'admission fee' or 'royalty' determined according to a certain percentage of the sales shall all be incomes that are free from business tax.

2. Trademark royalty or other similar incomes under a technology transfer contract are not incomes that are free from business tax under the CaiShuiZi [1999] No.273. So the tax bearer shall reasonably divide the income that is subject to business tax such as trademark royalty from the contract price. In case of failure to divide precisely and reasonably, the taxation organ may determine the amount for which the business tax is to be exempted provided that such amount shall not exceed 50% of the total contract price.

3. The procedure for examination and approval of the above-mentioned exemption of business tax shall still continue to be handled according to Item (3), Article 2 of CaiShuiZi [1999] No.273 .

1