State Administration of Taxation, Questions Concerning Enjoyment of Income Tax Preferential Treatment for Technologically Advanced Enterprises by Foreign-invested Enterprises Whose Investments and Operation Are Carried out in Instalments Official Reply

Issued: July 9 2003

Main contents: The Official Reply clarifies that foreign-invested enterprises that have already enjoyed periodic tax reductions and exemptions on income derived from projects that start production and operation in instalments may still enjoy preferential tax treatment prescribed in Item (h) of Article 75 of the PRC Foreign-invested Enterprise and Foreign Enterprise Income Tax Law Implementing Rules if such foreign-invested enterprises are recognized as technologically advanced enterprises.
Related legislation: Several Provisions on Issues Relevant to Levy and Collection of Income Tax on Sino-foreign Equity Joint Ventures, Sino-foreign Cooperative Production Joint Ventures and Wholly Foreign-owned Enterprises Circular, 1986; PRC Foreign-invested Enterprise and Foreign Enterprise Income Tax Law, Apr 9 1991, CLP 1991 No.3 p25 and PRC Foreign-invested Enterprise and Foreign Enterprise Income Tax Law Implementing Rules, Jun 30 1991, CLP 1991 No.7 p16