Announcement of the State Taxation Administration, the Ministry of Finance and the People's Bank of China on Issues concerning the Filing of Consolidated Enterprise Income Tax Returns by Non-resident Enterprises for Their Own Establishments and Offices
Announcement of the State Taxation Administration, the Ministry of Finance and the People's Bank of China on Issues concerning the Filing of Consolidated Enterprise Income Tax Returns by Non-resident Enterprises for Their Own Establishments and Offices
Announcement of the State Taxation Administration, the Ministry of Finance and the People's Bank of China on Issues concerning the Filing of Consolidated Enterprise Income Tax Returns by Non-resident Enterprises for Their Own Establishments and Offices
Announcement of the State Taxation Administration [2019] No.12
March 1, 2019
In accordance with the relevant provisions of the Law of the People's Republic of China on Enterprise Income Tax (the "Law on Enterprise Income Tax") and the implementing regulations thereof, the issues concerning the filing of consolidated enterprise income tax returns by non-resident enterprises for their own establishments and offices (the "establishments and offices") are hereby announced as follows:
I. Where a non-resident enterprise that sets up several establishments and offices in China selects its main establishments and offices to pay the consolidated enterprise income tax together with other domestic establishments and offices (the "consolidated establishments and offices") in accordance with Article 51 of the Law on Enterprise Income Tax, the Announcement shall apply to the relevant tax treatment matters.
II. A non-resident enterprise that files consolidated tax returns shall continuously meet all of the following conditions in the consolidated tax year:
1. the establishments and offices that file consolidated tax returns have gone through tax registration with the local competent tax authorities and obtained the taxpayer identification numbers;
2. the main establishments and offices comply with Article 126 of the Implementing Regulations of the Law on Enterprise Income Tax, and the establishments and offices that file consolidated tax returns may not calculate and pay enterprise income tax by assessment; and
3. the establishments and offices that file consolidated tax returns can calculate their respective tax allocation accurately according to the Announcement, and file tax returns with the local competent tax authorities as required.
III. The establishments and offices that file consolidated tax returns are subject to the measures for the collection and administration of enterprise income tax featuring "unified calculation, hierarchical management, local prepayment, consolidated settlement, and allocation by the Ministry of Finance".
......
Announcement of the State Taxation Administration [2019] No.12
March 1, 2019
In accordance with the relevant provisions of the Law of the People's Republic of China on Enterprise Income Tax (the "Law on Enterprise Income Tax") and the implementing regulations thereof, the issues concerning the filing of consolidated enterprise income tax returns by non-resident enterprises for their own establishments and offices (the "establishments and offices") are hereby announced as follows:
I. Where a non-resident enterprise that sets up several establishments and offices in China selects its main establishments and offices to pay the consolidated enterprise income tax together with other domestic establishments and offices (the "consolidated establishments and offices") in accordance with Article 51 of the Law on Enterprise Income Tax, the Announcement shall apply to the relevant tax treatment matters.
II. A non-resident enterprise that files consolidated tax returns shall continuously meet all of the following conditions in the consolidated tax year:
1. the establishments and offices that file consolidated tax returns have gone through tax registration with the local competent tax authorities and obtained the taxpayer identification numbers;
2. the main establishments and offices comply with Article 126 of the Implementing Regulations of the Law on Enterprise Income Tax, and the establishments and offices that file consolidated tax returns may not calculate and pay enterprise income tax by assessment; and
3. the establishments and offices that file consolidated tax returns can calculate their respective tax allocation accurately according to the Announcement, and file tax returns with the local competent tax authorities as required.
III. The establishments and offices that file consolidated tax returns are subject to the measures for the collection and administration of enterprise income tax featuring "unified calculation, hierarchical management, local prepayment, consolidated settlement, and allocation by the Ministry of Finance".
......