Re-evaluating Tax Assessments for Representative Offices

September 02, 2003 | BY

clpstaff &clp articles

Understanding tax assessment is among the most important issues for foreign-invested companies working in China. The state tax bureau has recently revamped the rules for the tax liability of foreign companies' representative offices in China.

By Ivan Chan, Ernst & Young, Beijing

The State Administration of Taxation (SAT) issued the Tax Administration Issues Relevant to Resident Representative Offices of Foreign Enterprises Circular (关于外国企业常驻代表机构有关税收管理问题的通知)[Guo Shui Fa (2003) No. 28, the 2003 Circular] on March 12 2003 to further define and clarify how and to what extent a representative office established in China by a foreign company will be taxed. The tax circular came into effect on July 1 2003.

The 2003 Circular shows the SAT's willingness to amend tax rules in response to market liberalization and in view of the changing regulatory environment as a result of China's accession to the World Trade Organization (WTO).

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