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GSL / International Taxation / China

Taxation in China

The tax system of China is characterised by a multi-tiered structure comprising national and local taxes, a predominance of Value-Added Tax (VAT) within the national revenue framework, and the strategic deployment of tax incentives to stimulate investment, foster innovation, and accelerate the economic development of specific regions.

Core Taxes

Enterprise Income Tax
25%
Individual Income Tax
3-45%
Capital Gains Tax
None
Value Added Tax (VAT)
0-13%
Withholding Tax on Dividends and Interest
10%

Key Features of the Tax System

Taxation principle

Worldwide taxation; territorial taxation for non-residents

Tax residency criteria

Legal entities: incorporation / management and control.

Individuals: domicile / 183 days

CFC rules

Applicable to corporate entities

Foreign exchange controls

Yes

National currency

Renminbi (RMB, currency code CNY)

Tax authority

State Taxation Administration of the PRC

State Taxation Administration of the PRC

中华人民共和国国家税务总局

Tax administration in China is carried out by the State Taxation Administration of the PRC, which is responsible for administering the tax system, collecting taxes, monitoring compliance with tax legislation, conducting tax audits, recovering tax arrears and ensuring the implementation of the state’s tax policy.

China’s tax system combines uniform nationwide rules with specific regional mechanisms and incentives. The tax burden is determined not only by the amount of income, but also by the nature of the transaction, the industry, the location of the business and the taxpayer’s status. Accordingly, determining a taxpayer’s obligations requires consideration of all applicable taxes and special tax regimes.

Tax Residency Criteria for Legal Entities

A company is considered a tax resident of China if:

  • it is incorporated in China; or
  • its place of effective management is located in China.

The place of effective management is the place where overall and substantive management and control of the company’s business are exercised, including its operational activities and matters relating to personnel, finance and assets.

Taxation

Enterprise Income Tax

Companies that are tax residents of China are subject to Enterprise Income Tax (EIT) on their worldwide income.

Non-resident enterprises without an establishment or place of business in China are taxed only on income sourced in China.

Type of taxpayer Tax rate
Standard enterprises (basic rate) 25%
Small enterprises meeting the prescribed conditions 5%*
Key software and integrated circuit enterprises 10%**
High and New Technology Enterprises 15%
Advanced Technology Service Enterprises 15%
Enterprises registered in designated regions of China and engaged in encouraged business activities 15%

* Effective rate: 25% of the taxable income is treated as the tax base, to which the 20% rate is applied. This tax incentive is available until 31 December 2027.

** For qualifying enterprises, after the expiry of the full tax exemption period.

A company’s taxable income is calculated as its gross income for the tax year less allowable expenses, non-taxable income and tax losses carried forward.

Expenses are deductible if they are actually incurred, properly documented and economically justified, and are related to the generation of income, except for expenses that are non-deductible under tax legislation.

Deductible Expenses

These are expenses that may be deducted when calculating taxable profit, provided that they are related to the generation of income, economically justified and supported by appropriate documentation.

Depreciation of Fixed Assets

Fixed assets with a useful life of more than 12 months are generally depreciated using the straight-line method.

The minimum tax depreciation periods are:

  • 20 years for buildings and structures;
  • 10 years for production equipment;
  • 5 years for instruments, tools, furniture and fixtures;
  • 4 years for means of transport (other than aircraft, trains and ships); and
  • 3 years for electronic equipment.

Accelerated depreciation is available for certain categories of fixed assets. The depreciation period may be reduced to 60% of the prescribed minimum period, or the double-declining balance or sum-of-the-years’-digits method may be applied.

Certain capital investments may be deducted in full in the year of acquisition, including:

– research and development (R&D) equipment and instruments costing up to RMB 1 million;

– fixed assets (excluding real estate) costing up to RMB 5 million and acquired between 1 January 2018 and 31 December 2027;

– in Hainan (until 31 December 2027) and Hengqin, fixed assets (excluding real estate) and intangible assets costing up to RMB 5 million.

Intangible Assets

Amortisation of intangible assets, including patents, trade marks, copyrights and land-use rights, is deductible and is generally spread over a period of at least 10 years. Acquired intangible assets may be amortised over their prescribed useful life. Acquired goodwill is not deductible until the relevant investment is disposed of or liquidated.

Employee Costs
  • Remuneration (salaries and bonuses): 100% of properly documented payments, provided they are commercially reasonable.
  • Employee welfare expenses: up to 14% of the total payroll; any excess cannot be carried forward.
  • Employee training expenses: up to 8% of the total payroll; any excess may be carried forward indefinitely.
  • Trade union fees: up to 2% of the total payroll.
Advertising and Entertainment Expenses
  • Business entertainment expenses: the lower of 60% of the actual expenses incurred and 0.5% of the company’s annual revenue is deductible.
  • Advertising and promotional expenses: up to 15% of revenue for most enterprises and up to 30% for qualifying enterprises in the cosmetics, pharmaceutical and non-alcoholic beverage industries. Any excess may be carried forward. Advertising expenses for tobacco products are non-deductible.
R&D Expenses

Qualifying R&D expenses are eligible for an additional tax deduction at 200% of the amount incurred. Where the expenses are capitalised as an intangible asset, tax amortisation is calculated based on 200% of the asset’s cost. For manufacturers of integrated circuits and industrial machine tools, an additional deduction at 220% is available from 1 January 2023 to 31 December 2027.

Start-up Expenses

Start-up expenses include costs incurred before a company commences its formal business operations (i.e. before it earns its first income), such as registration fees, rent, legal fees and staff salaries. An enterprise may choose one of two tax treatments: deducting 100% of the expenses in the first month of business operations or amortising them on a straight-line basis over a period of at least three years. The chosen method must be recorded in the company’s accounting policy and cannot subsequently be changed. Capital expenditure, such as the purchase of equipment or real estate, is excluded from this treatment and is depreciated or amortised under the standard rules.

Charitable Donations

Donations made through registered non-profit organisations are deductible up to 12% of the company’s annual accounting profit. Any excess may be carried forward for the following three tax years.

Other Expenses

Other deductible expenses may include rent, utilities, raw materials and supplies, interest on loans, business travel expenses and other costs directly related to the company’s business activities, provided they are properly documented and comply with the applicable restrictions.

Enterprise Income Tax Calculation Consultation

Dividend Income

Dividends received from a resident company are exempt from tax, provided the prescribed conditions are met.

Dividends received from foreign companies are included in taxable income and are generally subject to Enterprise Income Tax at the standard rate of 25%, with a foreign tax credit available.

Interest Income

Interest income is included in taxable income and subject to Enterprise Income Tax at the standard rate of 25%.

Royalties

Royalty income is included in taxable income and subject to Enterprise Income Tax at the standard rate of 25%.

Capital Gains

Capital gains are generally included in taxable income and subject to Enterprise Income Tax at the standard rate of 25%. Capital losses are taken into account in accordance with the general rules.

Value Added Tax (VAT) / Sales Tax

VAT is levied on the sale of goods, services and intangible assets, as well as on the importation of goods. It is charged at each stage of the production and distribution chain, with the ultimate tax burden generally borne by the final consumer.

Rate Main types of transactions
13% Sales of most goods, imports of goods, processing, repair and maintenance services, and leasing of movable property
9% Certain categories of goods (including certain food products, books and utilities), transport, postal and construction services, and the leasing and sale of real estate (excluding land-use rights)
6% Most services and transactions involving intangible assets
0% Exports of goods and certain exported services, including R&D, design, software development, technology transfer, international transportation and other services consumed entirely outside China
VAT Exemptions and Incentives
  • Small-scale VAT taxpayers (小规模纳税人) are subject to the simplified rate of 3%, reduced to 1% for the period from 2023 to 2027.
  • Small-scale VAT taxpayers are exempt from VAT if their sales do not exceed RMB 100,000 per month (or RMB 300,000 per quarter where the quarterly tax period applies).
  • Certain transactions are VAT-exempt, including medical services, certain cultural activities and some transactions involving second-hand goods.
  • Advanced manufacturing enterprises and integrated circuit enterprises are eligible for an additional input VAT credit of 5% and 15%, respectively, subject to the prescribed conditions. This incentive is available until 31 December 2027.
VAT Registration

In China, entities and individual businesses carrying out transactions subject to VAT are required to register as VAT taxpayers.

Taxpayer category Conditions  Tax rate
General VAT taxpayer Annual taxable sales exceeding RMB 5 million 6–13%, with the right to claim input VAT credits
Small-scale VAT taxpayer Annual taxable sales of up to RMB 5 million 3%, temporarily reduced to 1%, under the simplified regime, or exemption where the prescribed thresholds are met
Filing and Payment

VAT returns are generally filed monthly, no later than the 15th day of the month following the reporting period. Import VAT must be paid within 15 days after the customs declaration documents have been processed. In certain cases, the Chinese purchaser acts as the withholding agent for a foreign supplier.

Consumption Tax (消费税)

Consumption Tax is levied on certain categories of goods, including tobacco and alcohol products, luxury goods, petroleum products, motor vehicles, batteries and paints and coatings. It is an indirect tax included in the final price of the goods and ultimately borne by the consumer. Depending on the category of goods, the tax is calculated as a percentage of the value, a fixed amount per unit or a combination of the two methods.

Additional Taxes Calculated by Reference to VAT and Consumption Tax
Tax Rate
Educational Surcharge 3%
Local Educational Surcharge 2%
Urban Maintenance and Construction Tax 7% (urban areas);
5% (counties and towns);
1% (other areas)

These taxes and surcharges are calculated based on the amounts of VAT and Consumption Tax actually paid. However, VAT and Consumption Tax paid on imported goods, as well as VAT paid on services and intangible assets supplied in China by foreign entities and individuals, are excluded from the tax base.

Withholding Tax

The standard withholding tax rate for non-resident enterprises is 20%. However, dividends, interest and royalties paid to non-resident enterprises that do not have an establishment or place of business in China, or whose income is not effectively connected with such an establishment or place of business, are subject to a reduced rate of 10%.

Recipient Dividends (%) Interest (%) Royalties (%)
Non-resident legal entity 10 10 10
Non-resident individual 20 20 20

Where an applicable double taxation agreement (DTA) is in force, the withholding tax rates may be significantly reduced.

Social Insurance

Participation in the social insurance system is mandatory for both employers and employees.

Type of insurance Employer Employee
Pension insurance 16% 8%
Medical insurance 5-10% 2%
Unemployment insurance 0,5-0,8% 0,2-0,5%
Work-related injury insurance 0,2–1,9% 0%
Maternity insurance Generally included in the employer’s medical insurance contribution 0%

Please note
Contributions are not calculated on the employee’s entire salary, but on the social insurance contribution base, which is subject to minimum and maximum limits (generally 60% to 300% of the average regional salary).

In addition to social insurance contributions, contributions are often made to the Housing Provident Fund (住房公积金). This fund is separate from the social insurance system. Its contribution rate is also determined by local authorities and generally ranges from 5% to 12% for both the employer and the employee.

Stamp Duty

Stamp Duty is levied on enterprises and individuals when they enter into certain transactions or execute documents subject to tax in China. It may also apply to contracts concluded outside China if they are used within China.

The rates depend on the type of document or transaction and range from 0.005% to 0.1%.

Tax Incentives and Benefits

China provides a wide range of tax incentives to support innovation, investment, high-tech manufacturing, priority industries and designated regions.

Category  Key incentives
Preferential Enterprise Income Tax rates A 15% rate for High and New Technology Enterprises, Advanced Technology Service Enterprises and certain companies operating in priority regions and special economic zones.
R&D Additional tax deductions for R&D expenses: a total deduction of 200% of qualifying expenses, increasing to 220% for integrated circuit and industrial equipment enterprises from 2023 to 2027. Additional deductions are also available for expenditure on basic research.
Accelerated depreciation Accelerated depreciation or an immediate tax deduction for the cost of certain fixed assets and equipment, subject to the prescribed conditions.
Regional incentives Preferential regimes for enterprises located in special economic zones, free trade zones and other priority regions, including Western China, Hainan, Qianhai, Hengqin and Nansha. These may include reduced Enterprise Income Tax rates, tax holidays and other incentives.
Sector-specific incentives Preferential treatment for agriculture, forestry, animal husbandry and fisheries; the software and integrated circuit industries; infrastructure and environmental protection projects; and certain technology transfer activities.
Indirect taxes VAT exemptions, zero-rating and input VAT refunds are available for certain transactions, particularly exports of goods and services.
Verification of a Chinese counterparty.
USD 1 100

Verification of a Chinese counterparty. Service offer

Tax Reporting

In China, a company is required to register with the tax authorities within 30 days of obtaining its Business Licence (营业执照).

Steps for Tax Registration
  1. Регистрация компании и получение Свидетельства на ведение коммерческой деятельности в органе регистрации предприятий.
  2. Налоговая регистрация в территориальном подразделении Государственного налогового управления (国家税务总局 / State Taxation Administration, STA). По закону это необходимо сделать в течение 30 дней после получения бизнес-лицензии. При регистрации компания предоставляет:
    • свидетельство на ведение коммерческой деятельности;
    • устав компании;
    • сведения о законном представителе;
    • документы о месте ведения деятельности;
    • сведения о банковском счете;
    • иную информацию, которую может запросить местное налоговое бюро.
  1. После регистрации налоговый орган:
    • присваивает налоговый статус;
    • определяет применяемые налоги;
    • открывает доступ к электронной системе подачи деклараций;
    • определяет периодичность представления отчетности.
  1. Incorporation of the company and obtaining a Business Licence from the company registration authority.
  2. Tax registration with the local branch of the State Taxation Administration (国家税务总局 / STA). Under the law, this must be completed within 30 days of obtaining the Business Licence. The company must provide the following documents and information:
    1. Business Licence;
    2. Articles of Association;
    3. details of the legal representative;
    4. documents confirming the business premises;
    5. bank account details; and
    6. any other information requested by the local tax bureau.
  3. Following registration, the tax authority:
    1. assigns the company’s tax status;
    2. determines the taxes applicable to the company;
    3. provides access to the electronic tax filing system; and
    4. determines the frequency of tax filings.

Corporate tax reporting in China is based on monthly or quarterly tax returns and annual compliance requirements.

Filing Methods

The primary method of filing tax returns in China is electronic submission through the relevant government tax systems. Companies use the National Unified Standardized Electronic Tax Bureau (全国统一规范电子税务局), which allows them to complete and submit tax returns, pay taxes and track the status of their filings.

Individuals use a separate electronic tax administration system and the Individual Income Tax mobile application (个人所得税). In certain cases, tax returns may also be submitted in paper form directly to the tax authorities.

Types of Tax Returns and Filing Deadlines

Tax / Return Filing frequency
Enterprise Income Tax Quarterly advance payments and annual tax reconciliation
Value Added Tax (VAT) Monthly or quarterly
Individual Income Tax on employee income Monthly
Stamp Duty On a transaction basis or periodically
Additional local surcharges Generally filed together with VAT returns

Penalties and Liability for Non-Compliance

Failure to pay taxes may result in penalties of up to five times the amount of tax arrears, as well as late payment interest.

Violation  Possible consequences
Late filing of a quarterly or annual tax return Administrative fine of up to RMB 2,000, or RMB 2,000 to RMB 10,000 in serious cases
Late payment of tax Late payment surcharge of 0.05% of the outstanding amount per day
Deliberate tax evasion or submission of a false tax return Fine of 50–500% of the unpaid tax, plus late payment surcharge

In certain cases, deliberate tax evasion may result in imprisonment under Article 201 of the Criminal Law of the PRC. Full repayment of the tax arrears before a criminal case is initiated may allow the taxpayer to avoid criminal punishment.

Anti-Avoidance Rules

Transfer Pricing

Transactions between related parties must comply with the arm’s length principle.

The tax authorities are entitled to adjust the terms of such transactions if they result in a reduction of the taxable income.

The generally accepted transfer pricing methods are used to determine the arm’s length price, including the comparable uncontrolled price method, resale price method, cost plus method, transactional net margin method, profit split method and other methods consistent with the arm’s length principle.

China’s transfer pricing documentation system is based on a three-tiered approach and generally follows the recommendations of BEPS Action 13, subject to certain national specificities.

Requirement Main conditions
Master File Required if the group prepares a Master File or the annual volume of related-party transactions exceeds RMB 1 billion.
Must be prepared within 12 months after the end of the financial year of the ultimate parent company.
Local File Required if the following thresholds are exceeded:

  • RMB 200 million – tangible asset transactions;
  • RMB 100 million – financial asset or intangible asset transactions;
  • RMB 40 million – other controlled transactions.

Generally, it must be prepared by 30 June of the year following the reporting year.

Country-by-Country Report (CbCR) Must be filed by multinational groups with consolidated revenue exceeding RMB 5.5 billion or by a designated reporting entity.
Filing deadline: 31 May of the year following the reporting year.

Thin Capitalisation

China applies thin capitalisation rules that restrict the deduction of interest on loans from related parties where a company is financed predominantly through debt rather than equity.

For tax purposes, the following debt-to-equity ratios apply:

  • 2:1 for most enterprises;
  • 5:1 for financial institutions.

Interest expenses on related-party loans exceeding the applicable limit are not deductible for Enterprise Income Tax purposes unless the taxpayer can demonstrate that the financing arrangements comply with the arm’s length principle.

Controlled Foreign Companies (CFC)

China applies controlled foreign company (CFC) rules to prevent profits from being shifted to low-tax jurisdictions through the use of foreign companies.

The CFC rules apply to Chinese tax resident enterprises that directly or indirectly control foreign companies.

Control criteria

A foreign company is considered controlled if:

  • it is controlled by a Chinese tax resident; and
  • its tax burden is substantially lower than the level of taxation in China and it derives mainly passive income, such as interest, dividends, investment income and income from holding assets.

Control may arise through:

  • direct or indirect equity participation;
  • voting rights;
  • effective control over the foreign company’s decisions.

When assessing control, the tax authorities take into account the aggregate ownership interests of related parties.

Tax consequences

Where the CFC rules apply, the undistributed profits of a foreign company may be included in the taxable income of the controlling Chinese enterprise in proportion to its ownership interest.

Accordingly, tax may become payable before dividends are actually received.

Exemptions

The CFC rules may not apply if:

  • the foreign company carries on genuine commercial activities;
  • there is a reasonable business purpose for earning the profits; and
  • the company is not used primarily for tax optimisation.

Foreign Exchange Controls

China has one of the most tightly regulated foreign exchange control systems, designed to manage capital flows and maintain the stability of the financial system. The key regulatory authority is the State Administration of Foreign Exchange, SAFE (国家外汇管理局).

In general, China’s foreign exchange control framework is based on the principle of relative freedom for current account transactions, combined with strict controls on cross-border capital movements. The main restrictions include a ban on the use of foreign currency for domestic payments, limits on cross-border transfers (typically USD 50,000 per year for individuals) and stringent verification of contracts for companies.

FAQ

What are the main taxes payable by a company in China?

The main taxes payable by a company in China are Enterprise Income Tax (EIT) and Value Added Tax (VAT). In addition, local surcharges are levied on turnover, including the Urban Maintenance and Construction Tax and Educational Surcharges. A company may also be liable for property tax if it owns real estate, and customs duties on imports. Social insurance contributions for employees are also mandatory. The specific taxes and applicable rates depend largely on the industry, the size of the business and the availability of tax incentives.

How often must enterprises file Enterprise Income Tax returns?

Enterprise Income Tax is calculated and paid in advance on a monthly or quarterly basis, depending on the filing period assigned to the enterprise. The return for the relevant month or quarter must be filed within 15 days after the end of the reporting period.

At the end of the year, the enterprise conducts an annual tax reconciliation and determines its final tax liability, taking into account advance payments already made. The annual return must be filed within five months after the end of the tax year, generally by 31 May of the following year.

What criteria must a company meet to qualify as a small enterprise?

For the purposes of the Enterprise Income Tax incentive, a special category of small low-profit enterprises (小型微利企业) applies. A company must meet all of the following criteria:

  • it must operate in an industry that is not prohibited or restricted by the state;
  • its annual taxable income must not exceed RMB 3 million;
  • it must have no more than 300 employees;
  • its total assets must not exceed RMB 50 million.

The number of employees and the value of assets are determined based on quarterly average figures.

Can a company carry forward losses to future years?

Yes. Losses that meet the statutory requirements may be used to reduce taxable profits in subsequent periods, subject to the applicable carry-forward time limits.

Can an error in a tax return that has already been filed be corrected?

Yes. If an error is discovered after a tax return has been filed, the taxpayer may submit an amended tax return to correct the information previously reported.

If the correction results in additional tax being due, the outstanding amount must be paid together with any applicable late payment interest or other charges prescribed by law. If the correction results in an overpayment, the taxpayer may apply for a refund or use the applicable tax credit mechanism.

How can a reduced withholding tax rate under a double taxation agreement (DTA) be obtained?

Where a DTA is in force between China and the country in which the income recipient is resident, a foreign company may apply the reduced rate provided for under the agreement, subject to its conditions. To qualify, the company must provide documents confirming its tax residence and compliance with the other requirements of the DTA.

Prior approval from the tax authorities is generally not required. The taxpayer may apply the treaty relief directly and retain the supporting documents in case of a tax audit.

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