Announcement of the State Administration of Taxation on Promulgating the Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises
Announcement of the State Administration of Taxation on Promulgating the Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises
Announcement of the State Administration of Taxation on Promulgating the Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises
Announcement of the State Administration of Taxation [2012] No. 40
August 10, 2012
It is hereby promulgated the Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises which shall take effect on October 1, 2012.
The announcement is hereby made.
Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises
Chapter I General Provisions
Article 1 The Measures are enacted in accordance with the Enterprise Income Tax Law of the People's Republic of China (hereinafter referred to as the "EIT Law") and its implementation rules to regulate the administration of income tax related to policy-based relocation of enterprises.
Article 2 The Measures shall apply only to income tax levy-related matters that are involved during a policy-based relocation of an enterprise, excluding any tax treatment matters involved during a non-policy-based relocation such as a self-initiated relocation or commercial relocation of an enterprise.
Article 3 The "policy-based relocation of an enterprise" refers to a government-led relocation in whole or in part of an enterprise for the purpose of meeting social or public interests. A relocation of an enterprise that meets any of following needs shall be deemed as a policy-based relocation provided that the relevant supporting materials are provided:
1. National defense or diplomatic needs;
2. Needs for government-organized implementation of energy, transportation, water conservancy or other infrastructure;
3. Needs for government-organized implementation of public services and facilities in the areas of science & technology, education, culture, health, sports, environmental and resource protection, disaster prevention and reduction, historic preservation, social welfare, municipal utilities, etc.;
4. Needs for government-organized implementation of social welfare housing projects;
5. Needs for implementation of old town reconstruction of locations with concentrated dilapidated houses, backward infrastructure, etc., organized by the government under the Law of the People's Republic of China on Rural and Urban Planning;
6. Needs for meeting other public interests as provided for in laws or administrative regulations.
Article 4 An enterprises shall, in compliance with the requirements of the Measures, conduct separate tax management and accounting of the income tax levy-related matters involved during a policy-based relocation, including relocation receipts, relocation expenditure, tax treatment of the assets involved in the relocation, and income from relocation.
......
Announcement of the State Administration of Taxation [2012] No. 40
August 10, 2012
It is hereby promulgated the Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises which shall take effect on October 1, 2012.
The announcement is hereby made.
Administrative Measures for Income Tax Related to Policy-Based Relocation of Enterprises
Chapter I General Provisions
Article 1 The Measures are enacted in accordance with the Enterprise Income Tax Law of the People's Republic of China (hereinafter referred to as the "EIT Law") and its implementation rules to regulate the administration of income tax related to policy-based relocation of enterprises.
Article 2 The Measures shall apply only to income tax levy-related matters that are involved during a policy-based relocation of an enterprise, excluding any tax treatment matters involved during a non-policy-based relocation such as a self-initiated relocation or commercial relocation of an enterprise.
Article 3 The "policy-based relocation of an enterprise" refers to a government-led relocation in whole or in part of an enterprise for the purpose of meeting social or public interests. A relocation of an enterprise that meets any of following needs shall be deemed as a policy-based relocation provided that the relevant supporting materials are provided:
1. National defense or diplomatic needs;
2. Needs for government-organized implementation of energy, transportation, water conservancy or other infrastructure;
3. Needs for government-organized implementation of public services and facilities in the areas of science & technology, education, culture, health, sports, environmental and resource protection, disaster prevention and reduction, historic preservation, social welfare, municipal utilities, etc.;
4. Needs for government-organized implementation of social welfare housing projects;
5. Needs for implementation of old town reconstruction of locations with concentrated dilapidated houses, backward infrastructure, etc., organized by the government under the Law of the People's Republic of China on Rural and Urban Planning;
6. Needs for meeting other public interests as provided for in laws or administrative regulations.
Article 4 An enterprises shall, in compliance with the requirements of the Measures, conduct separate tax management and accounting of the income tax levy-related matters involved during a policy-based relocation, including relocation receipts, relocation expenditure, tax treatment of the assets involved in the relocation, and income from relocation.
......