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Preferential Treatment
Ⅰ.Enjoyment of the Direct Import & Export Right
All the approved enterprises with foreign investment enjoy the
direct import and export right . Except for items the import and export of which
the state has set a restriction on , they are , upon approval , allowed to
directly import machines , equipments , spare parts , other articles and raw
material necessary for the production and directly export their own products
within the ratified business scope.
Ⅱ.Preferential Treatment in Taxation
- Enterprises with foreign investment officially approved for the
establishment before March 31,1996 and confirmed after having been put on file
shall be allowed exemption of importing equipments and raw materials for their
own use and within total invested capital and the exemption shall be valid
until the said import have been completed .When enterprises with foreign
investment approved for the establistment in accord with state - stipulated
procedures between April 1,1996 and December 31,1997 and projects with foreign
investment which underwent capital increase during thisperiod import
equipments , the said equipments shall be free from import duties and value-
added tax in import link except for goods listed in the "Catalogue of Import
Commodties of Project with Foreign Investment not Allowed to Enjoy Tax
Exemption." When enterprises with foreign investment approved after January
1,1998 which fall under the encouraged categories and restricted category(B)
of "catalogue for the Guidance of Foreign Investment Industries" and which
involve transfer of technolgy import equipments for their own use and within
total invested capital shall be allowed exemption of import duties and valus -
added tax in import link except for goods listed in the " Catalogue of Import
Commodities of Projects with Foreign Ivestment not Allowed to Enjoy Tax
Exemption " .
- Enterprise with foreign investment approved for the establishment before
December 31,1993 shall be allowed exemption of value - added tax and
consumption tax when exporting directly their own products . If tax burden is
increased due to the levying of valueadded tax , consumption tax and business
tax according to the new regulations in 1994, the amount of tax overpaid due
to the increase of tax burden shall be reimbursed when application by
enterprises is approved by a tax authority . Starting from January 1,1999,a
new policy shall take effect , namely " exemption , compensation and
reimbursement . " The taxation policy of "exemption , compensation and
reimbursement " shall be applicable to products directly eported by
enterprises with for eign investment approved for the establishment after
January 1,1994. " Exemption " of tax means that when enterprises directly
export or entrust foreign trade agents for the export , the said enterprises
shall be allowed exemption of value - added tax arising from their own
production and sale links . By " compensation " it is implied that the amount
of tax to be levied on goods marketed domestically shall be compensated with
the amount of tax already levied on the raw materials and components and parts
involved in the production of goods exported either directly by enterprises
themselves or by their entrusted foreign trade agents which should otherwise
be exempted or reimbursed . By " reimbursement " it is inteded that when
enterprises directly export or entrust foreign trade agents for export and the
goods being exported exceed 50% of the total sales of goods of the enterprises
in a same period , the amount of tax not yet used for compensation shall be
reimbursed with an approval from a tax authority in charge of reimbursement
affairs if during a quarter of the year , the compensation of tax have not
been entirely used owing to the fact that the amount of tax usable for
compensation is larger than the amount of tax to be levied .
- When enterprises with foreign investment import raw materials , elements
and spare parts , packing material etc in order to fulfill the expout
contracts of products , these materials shall be supervised and administered
as bonded goods at first and import license exempted upon examination and
approval by a foreign trade and economic co - operation institution , upon
checking and issuance of "Entry Book " by the Customs and after an earnest
money account is opened at a bank . The Customs shall make verification of
comtracts of import and export contracts of the enterprises . After that , the
import duty and value - added tax reduction or exemption shall be allowed when
verification of export sale has been made.
- The income tax on enterprises with foreign investment which engage in
production and technical research shall be levied at the reduced rate of 24%
as is the case in the economic opening zones . Enterprises with foreign
investment which engage in production and operate for a period of over 10
years shall be exempt from income tax for the first two profit - mating years
and allowed a 50% reduction for the following three years when applications by
them are approved by a tax authority . Technology advanced enterprises shall
be allowed 50% income tax reduction for another three years after the
stipulated income tax exemption and reduction period expires . Export -
oriented enterprises shall further be allowed a 50% income tax reduction for
the year when the output value of products exported surpass 70% of the output
value of the products of the same year after income tax exemption and
reduction period expires
- If foreign investors invest in technology - intensive and knowledge -
intensive projects , invest in projects of which the investment exceeds USD30
million with a long investment payback period or invest in infrastructure
projects such as energy and communication , the income tax on the enterprises
shall be levied at the reduced rate of 15% .
- If enterprises with foreign investment pay local income tax
amounting to 10% of the required income tax , they shall enjoy the same
preferential policies concerning income tax and be given the preferential
treatment of a same reduction and exemption rate (as provided by the foregoing
article 3, chapter 2) .
- If losses occur to enterprises with foreign investment ,
profits of the following year are permitted to be allotted for making up . If
profits are not sufficient for the making up, profits of the following years
are permitted to be allotted . however, the longest making - up period is 5
years.
- If profits obtained from the invested enterprises by
enterprises with foreign investment are reinvested in the original enterprises
or other enterprises which operate for a period of over 5 years , 40% of the
income tax already levied on the amount of reinvestment shall be reimbursed .
If the reinvestment are made in export oriented enterprises or technology
advanced enterprises which operate for a period of 5 years or over , the
income tax already levied on the amount of reinvestment shall be totally
reimbursed and , in case the said investment are withdrawn when5 -year
operation period has not been reached , the reimbursed income tax on the
amount of investment withdrawn should be handed back. .
- Profits obtained by foreign investors from enterprises with
foreign investment are permitted to be remitted abroad free of duty .
Ⅲ
.Preferential Treatment in Land Use
- For enterprises with foreign investment which engage in production and
operate for a period of over 10 years , the land amortizing money shall be
paid at a rate lower than the basic land rate published by the county
government (verification shall e made through evaluation and estimation ) .
The longest use period of land for agricultural development projects are 50
years and its amortizing price may be lower than that of land for industrial
purposes .
- When enterprises with foreign investment which engage in production and
operate for a period of over 10 years obtain land use right by way of
amortization , they shall be exempt from land use fee before the year 2000 and
pay the land use fee according to state - owned land use right amortization
contract when the exemption period expires .
- When enterprises with foreign investment which engage in production and
operate for a period of over 10 years are in need of the existing sites of the
Chinese partners , the following methods may be adopted : (1)the Chinese
partners contribute existing sites as investment in the enterprises ; (2)
Lease from the county government are obtained and amortization formalities
gone through retroactively and amortizing nomey paid retroactively . If there
is difficulty in retroactive payment once for all , payment by several years '
instalments shall be allowed .
- Export-oriented enterprises and technology advanced enterprises shall be
exempt from site use fee for 5 years beginning from the date the land use
rights are obtained and allowed a 50% reduction from 6th to
10tth years . Other enterprises which engage in production shall
pay 50% of site use fee for 5 years . Enterprises with foreign investment
which occupy large areas of arable land and which engage in agriculture ,
forestry , husbandry and development items shall be allowed to pay the lowest
possible land use fee beginning from the 6th year.
Ⅳ .Preferential
Treatment in Fees Collection
- Once the export - oriented enterprises with foreign investment are
confirmed as such after examination and the output value of products exported
surpass 70% of the output value of the products of the same year and once the
enterprises with foreign investment are verified as technology advanced , they
shall be exempt from RMB25 yuan /person as subsidy for commodity pricesmonthly
payable according to the number of employees . Export - oriented enterprises
and technology- advanced enterprises are required by regulations t pay or put
aside only labor insurance , welfare fee and boarding subsidy for Chinese
employees and are exempt from various subsidies to employees by the state .
- Unauthorized , no unit is allowed to set up fee collectio it ems or raise
fee collection standards and apportion fees .
Ⅴ .Preferential
Treatment for Investment in Development Areas
Enterprises with foreign investment established in the
industrial quarters of Keqiao Economic Development Area , Chengnan Development
Area and other foreign investment areas approved by the county government enjoy
the following preferential treatment :
- Export- oriented and technology - advanced enterprises shall not only
enjoy the above mentioned preferential policies for another 5 years upon
approval .
- . Enterprises with foreign investment established in west Keqiao
industrial quarter shall pay for the comprehensive price markup of electricity
used in production at the reduced rate of 80%.
Ⅵ. Preferential
Treatment in Loans
- Enterprises with foreign investment enjoy the same preferemtial treatment
i loans as backbone enterprides of the county.
- To ensure the actual contribution by a Chinese partner, fimamcial
institutions comcerned shall grant a preferential support in loans for its
subscribed capital if the foreign partmer has already made its actual
contribution.
- For enterprises exchange earnings of which exceed 70% of sale revenue of
the economy of which is efficient , the amount of interim loans shall be
larger than stipulated .enterprises with foreign investment are permitted to
open at international divisions of Band of China or other banks balance
accounts other than the basic accounts opened at the lending banks
(cooperatives).
- With letter of credit and other related documents , enterprises with
foreign investment are permitted to apply with banks for packing credit and
cash against documents .
Ⅶ . Other Preferential Treatment
1.Once an actual foreign contribution ranging from USD100,000
to less than USD 500,000to an enterprise with foreign investment is made ,
arrangement shall be permitted for one quota of changin farmer's registerd card
into non-farmer's registered card accordin to regulations . If the actual
foreign contribution exceeds USD 500,000 , arrangement for two quotas shall be
permitted .
2.If a foreign partner of an enterprise with foreign investment
invests USD 500,000 or more than USD 500,000and the actual contributions by both
the Chinese and foreign partners of their subscribed capital have been totally
made and upon verification by certified public accountant (s) , a piece of land
of certain area shall be amortized to the foreign partner on preferential terms
and construction of residence house ofr villa permitted .
3. To the business and management personnel of an enterprise
with foreign investment , the priority shall be giver in going through
formalities for business investigations abroad.
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