Implementing Regulations for the PRC Individual Income Tax Law (Amended)

(Promulgated by the State Council on December 19 2005 and effective as of January 1 2006.)

Order of the State Council No.452

Article 1: These Regulations are formulated in accordance with the PRC Individual Income Tax Law (the Tax Law).

Article 2: For the purposes of the first paragraph of Article 1 of the Tax Law, the term "individuals who are domiciled in the People's Republic of China" shall mean individuals who by reason of their permanent registered address, family or economic interests, habitually reside in the People's Republic of China.

Article 3: For the purposes of the first paragraph of Article 1 of the Tax Law, the term "have resided in the People's Republic of China for at least one year" shall mean to have resided within the People's Republic of China for 365 days in a Tax Year. No deductions shall be made from that number of days for Temporary Trips out of the People's Republic of China.

For the purposes of the preceding paragraph, the term "Temporary Trips out of the People's Republic of China" shall mean absence from the People's Republic of China for not more than 30 days during a single trip, or not more than a cumulative total of 90 days over a number of trips, within the same Tax Year.

Article 4: For the purposes of the first and second paragraphs of Article 1 of the Tax Law, the term "income derived from sources inside the People's Republic of China" shall mean income the source of which is inside the People's Republic of China, and the term "from sources outside the People's Republic of China" shall mean income the source of which is outside the People's Republic of China.

Article 5: The following income, whether the place of payment is inside the People's Republic of China or not, shall be income derived from sources inside the People's Republic of China:

(1)        income from personal services provided inside the People's Republic of China because of the tenure of an office, employment, the performance of a contract, etc.;

(2)        income from the lease of property to a lessee for use inside the People's Republic of China;

(3)        income from the assignment of property such as structures, land use rights, etc. inside the People's Republic of China or the assignment inside the People's Republic of China of any other property;

(4)        income from the licensing for use inside the People's Republic of China of any kind of licensing rights;

(5)        income from interest, dividends and extra dividends derived from companies, enterprises and other economic organizations or individuals inside the People's Republic of China.

Article 6: For income derived from sources outside the People's Republic of China of individuals not domiciled in the People's Republic of China, but resident for more than one year and less than five years, subject to the approval of the tax authorities-in-charge, individual income tax may be paid on only that part that was paid by companies, enterprises or other economic organizations or individuals that are inside the People's Republic of China. Individuals who reside for more than five years shall, commencing from the sixth year, pay individual income tax on the whole amount of income derived from sources outside the People's Republic of China.

Article 7: For individuals who are not domiciled in the People's Republic of China, but who reside inside the People's Republic of China consecutively or accumulatively for not more than 90 days in any one Tax Year, that part of their income derived from sources inside the People's Republic of China that is paid by an employer outside the People's Republic of China, and that is not borne by organizations or offices of that employer that are within the People's Republic of China, shall be exempt from individual income tax.

Article 8: The scope of the categories of income mentioned in Article 2 of the Tax Law shall be as set forth below:

(1)        The term "income from wages and salaries" shall mean wages, salaries, bonuses, year-end extras, profit shares, subsidies, allowances and other income related to the tenure of an office or employment that is derived by individuals by virtue of the tenure of an office or employment.

(2)        The term "income derived by individual industrialists and merchants from production and business" shall mean the following:

(a)        income derived by individual industrialists and merchants from engagement in industry, handicrafts, construction, transportation, commerce, the food and beverage industry, the service industry, the repair industry and production and business in other industries;

(b)        income derived by individuals from engagement, with approval from the relevant government authorities and after having obtained licenses, in the provision of educational, medical, advisory and other services activities for consideration;

(c)        other income derived by individuals from engagement in  individual industrial and commercial production and business;

(d)        all taxable income related to production and business of the above individual industrialists and merchants and individuals.

(3)        The term "income from contracting for or leasing the operation of enterprises or institutions" shall mean income derived by individuals from contracting for or leasing operations, or from assigning such contracts or leases, including income of a wage or salary nature derived by individuals on a monthly basis or from time to time.

(4)        The term "income from remuneration for personal services" shall mean income derived by individuals from engagement in design, decoration, installation, drafting, laboratory testing, other testing, medical treatment, legal, accounting, advisory, lecturing, news, broadcasting, translation, proofreading, painting and calligraphic, carving, moving picture and television, sound recording, video recording, show, performance, advertising, exhibition and technical services, introduction services, brokerage services, agency services and other personal services.

(5)        The term "income from author's remuneration" shall mean income derived by individuals by virtue of the publication of their works in books, newspapers and periodicals.

(6)        The term "income from royalties" shall mean income derived by individuals from provision of the right to use patent rights, trademark rights, copyrights, non-patented technology and other licensing rights. Income from provision of the right to use copyrights shall not include income from author's remuneration.

(7)        The term "income from interest, dividends and extra dividends" shall mean income from interest, dividends and extra dividends that is derived by individuals by virtue of their possession of creditor's rights and share rights.

(8)        The term "income from the lease of property" shall mean income derived by individuals from the lease of structures, land use rights, machinery, equipment, means of transportation and other property.

(9)        The term "income from the assignment of property" shall mean income derived by individuals from the assignment of negotiable securities, share rights, structures, land use rights, machinery, equipment, means of transportation and other property.

(10)      The term "casual income" shall mean income derived by individuals from winning awards, prizes and lotteries and other income of an occasional nature.

Income derived by individuals for which the taxable category is difficult to determine shall be decided upon by the tax authorities.

Article 9: Measures for the levy and collection of individual income tax on income from the transfer of shares shall be separately formulated by the Ministry of Finance and submitted to the State Council for approval and implementation.

Article 10: Taxable income derived by individuals shall include cash, physical objects and negotiable securities. If the income is in the form of physical objects, the amount of taxable income shall be calculated according to the price specified on the voucher obtained. If there is no receipt for the physical objects or if the price specified on the voucher is obviously on the low side, the tax authorities-in-charge shall determine the amount of taxable income by reference to the local market price. If the income is in the form of negotiable securities, the amount of taxable income shall be determined by the tax authorities-in-charge according to the face value and the market price.

Article 11: For the purposes of item (4) of Article 3 of the Tax Law, the phrase "a payment received as income from remuneration for personal services is abnormally high" shall mean a payment received as remuneration for personal services with an amount of taxable income exceeding Rmb20,000.

That part of taxable income as mentioned in the preceding paragraph that exceeds Rmb20,000 but does not exceed Rmb50,000 shall, after the amount of tax payable is calculated in accordance with the Tax Law, be subject to an additional levy at the rate of 50% of the amount of tax payable. That part that exceeds Rmb50,000 shall be subject to an additional levy at the rate of 100%.

Article 12: For the purposes of item (2) of Article 4 of the Tax Law, the term "interest on national debt obligations" shall mean interest income derived by individuals by virtue of holding bonds issued by the Ministry of Finance of the People's Republic of China, and the term "interest on financial bonds issued by the state" shall mean interest income derived by individuals by virtue of holding financial bonds issued with State Council approval.

Article 13: For the purposes of item (3) of Article 4 of the Tax Law, the term "allowances and subsidies paid in accordance with uniform provisions of the state" shall mean special government subsidies, subsidies for fellows and subsidies for senior fellows granted in accordance with State Council provisions, and allowances and subsidies that are exempted from individual income tax by State Council provisions.

Article 14: For the purposes of item (4) of Article 4 of the Tax Law, the term "welfare benefits" shall mean cost-of-living subsidies paid to individuals according to relevant state provisions out of the welfare benefits or labour union funds allocated by enterprises, institutions, state authorities and social organizations, and the term "relief payments" shall mean hardship subsidies paid to individuals by civil affairs authorities of the state.

Article 15: For the purposes of item (8) of Article 4 of the Tax Law, the "income of diplomatic agents, consular officials and other members of the embassies and consulates in China, where tax-exempt under relevant Chinese laws" shall mean income that is tax-exempt under the PRC Regulations Concerning Diplomatic Privileges and Immunities and the PRC Regulations Concerning Consular Privileges and Immunities.

Article 16: The ranges and periods of the reductions in individual income tax referred to in Article 5 of the Tax Law shall be stipulated by the people's governments of the provinces, autonomous regions and municipalities directly under the central government.

Article 17: For the purposes of item (2) of the first paragraph of Article 6 of the Tax Law, the term "costs and expenses" shall mean all direct expenditures, indirect expenses allocated as costs, as well as sales expenses, administrative expenses and financial expenses incurred by taxpayers while engaging in production and business, and the term "losses" shall mean all non-operating expenditures incurred by taxpayers in the course of production and business.

If a taxpayer engaging in production or business fails to provide complete and accurate tax information and is unable to correctly calculate the amount of taxable income, his amount of taxable income shall be determined by the tax authorities-in-charge.

Article 18: For the purposes of item (3) of the first paragraph of Article 6 of the Tax Law, the term "gross revenue for each tax year" shall mean the share of the operating profit or the income of a wage or salary nature derived by the taxpayer according to the contract for the contracting for or lease of the operation and the term "less the necessary expenses" shall mean a monthly deduction of Rmb1,600.

Article 19: For the purposes of item (5) of the first paragraph of Article 6 of the Tax Law, the term "the original value of the property" shall mean:

(1)        in the case of negotiable securities, the price for which they were purchased and related expenses paid according to provisions at the time of purchase;

(2)        in the case of structures, the construction expenses or purchase price, and other, related expenses;

(3)        in the case of land use rights, monies paid to acquire the land use rights, land development expenses and other, related expenses;

(4)        in the case of machinery, equipment, vehicles and vessels, the purchase price, freight, installation expenses and other, related expenses;

(5)        in the case of other property, the original value shall be determined by reference to the above methods.

If a taxpayer fails to provide complete and accurate vouchers concerning the original value of the property and is unable to correctly calculate the original value of the property, the original value of the property shall be determined by the tax authorities-in-charge.

Article 20: For the purposes of item (5) of the first paragraph of Article 6 of the Tax Law, the term "reasonable expenses" shall mean relevant expenses paid in accordance with provisions at the time of sale.

Article 21: For the purposes of items (4) and (6) of the first paragraph of Article 6 of the Tax Law, the term "each payment" shall mean:

(1)        in the case of income from remuneration for personal services, the amount, if the income is derived in a lump sum, of that lump sum; and, if the income is of a continuing nature and pertains to the same project, the income derived during one month;

(2)        in the case of income from author's remuneration, the income derived on each instance of publication;

(3)        in the case of income from royalties, the income derived from each instance of licensing a licensing right;

(4)        in the case of income from the lease of property, the income derived during one month;

(5)        in the case of income from interest, dividends and extra dividends, the income derived each time interest, dividends or extra dividends are paid;

(6)        in the case of casual income, each payment of such income obtained.

Article 22: Tax on income from the assignment of property shall be paid on the proceeds of a single assignment of property less the original value of the property and reasonable expenses.

Article 23: If the same item of income is derived by two or more individuals, tax thereon shall be calculated and paid separately on the income derived by each individual after the deduction of expenses in accordance with the Tax Law.

Article 24: For the purposes of the second paragraph of Article 6 of the Tax Law, the term "income that individuals donate to educational and other public welfare undertakings" refers to the donation by individuals of their income to educational and other public welfare undertakings, and to areas suffering from serious natural disasters or poverty, through social organizations in the People's Republic of China or state authorities.

That part of the amount of donations that does not exceed 30% of the amount of taxable income declared by the taxpayer may be deducted from his amount of taxable income.

Article 25: According to state provisions, basic old-age pension insurance premiums, basic medical insurance premiums, unemployment insurance premiums and housing common reserve contributions paid by work units on behalf of individuals or by individuals may be deducted from the taxable income of taxpayers.

Article 26: For the purposes of the third paragraph of Article 6 of the Tax Law, the term "income from wages and salaries from sources outside the People's Republic of China" shall mean income from wages and salaries derived from the tenure of an office or employment outside the People's Republic of China.

Article 27: For the purposes of the third paragraph of Article 6 of the Tax Law, the term "extra deductions for expenses" shall mean a monthly deduction for expenses in the amount specified in Article 29 hereof in addition to the deduction for expenses of Rmb1,600.

Article 28: For the purposes of the third paragraph of Article 6 of the Tax Law, the term "the scope of applicability of such extra deductions for expenses" shall mean:

(1)        foreign nationals working in foreign-invested enterprises and foreign enterprises in the People's Republic of China;

(2)        foreign experts hired to work in enterprises, institutions, social organizations and state authorities in the People's Republic of China;

(3)        individuals who are domiciled in the People's Republic of China and derive income from wages and salaries by virtue of their tenure of an office or employment outside the People's Republic of China; and

(4)        other personnel as determined by the Ministry of Finance.

Article 29: The standard for the extra deductions for expenses mentioned in the third paragraph of Article 6 of the Tax Law shall be Rmb3,200.

Article 30: Overseas Chinese and Hong Kong, Macao and Taiwan compatriots shall be treated by reference to Articles 26, 27 and 28 hereof.

Article 31: Individuals who are domiciled in the People's Republic of China, or who are not domiciled but have resided in the People's Republic of China for at least one year shall calculate the amounts of tax payable for income derived from sources in and outside the People's Republic of China separately.

Article 32: For the purposes of Article 7 of the Tax Law, the term "the amount of individual income tax paid outside the People's Republic of China" shall mean the amount of income tax payable, and actually paid, on income derived by a taxpayer from sources outside the People's Republic of China, according to the laws of the country or region from which that income was derived.

Article 33: For the purposes of Article 7 of the Tax Law, the term "the amount of tax payable computed in accordance with the provisions of [the Tax] Law" shall mean the amount of tax payable on income derived by a taxpayer from sources outside the People's Republic of China, computed separately for each different country or region and for each different tax category, in accordance with the standards for the deduction of expenses and the applicable tax rate stipulated in the Tax Law. The sum of the amounts of tax payable in the different tax categories within the same country or region shall be the limit for deductions for that country or region.

If the actual amount of individual income tax paid by a taxpayer in a country or region outside the People's Republic of China is less than the limit for deductions for that country or region computed in accordance with the provisions of the preceding paragraph, the balance shall be subject to taxation in the People's Republic of China. If the amount exceeds the limit for deductions for that country or area, the excess portion may not be deducted from the amount of tax payable for that Tax Year; however, such excess portion may be deducted retroactively from any unused portion of the limit for deductions for that country or region during subsequent Tax Years, for a maximum period of five years.

Article 34: When taxpayers apply for approval to deduct the amounts of individual income tax paid outside the People's Republic of China in accordance with Article 7 of the Tax Law, they shall provide the original tax payment receipts issued by the tax authorities outside the People's Republic of China.

Article 35: When withholding agents make taxable payments to individuals, they shall withhold tax in accordance with the Tax Law, pay the tax over to the treasury in a timely manner, and keep special records for future inspection.

For the purposes of the preceding paragraph, the term "Payments" shall include payments in cash, payments by remittance, payments by account transfer, and payments in the form of negotiable securities, physical objects and other forms.

Article 36: A taxpayer shall file a tax return with the competent tax authority in accordance with provisions if:

(1)        he/she has an annual income of at least Rmb120,000;

(2)        he/she derives wage or salary income from two or more sources in China;

(3)        he/she derives income from outside China;

(4)        he/she receives taxable income but does not have a withholding agent; or

(5)        he/she is characterized by another circumstance stipulated by the State Council.

A taxpayer with an annual income of at least Rmb120,000 shall file his/her tax return with the competent tax authority within three months of the end of the fiscal year.

The measures for the administration concerning the locations in which withholding agents are to file tax returns and other relevant matters shall be formulated by the State Administration of Taxation.

Article 37: For the purposes of Article 8 of the Tax Law, the term "withholding reports on the full amount for all personnel" means the basic information on the individuals to whom the withholding agent has paid income, the amount of income paid, the specific amounts and total amount of tax withheld and other tax-related information that the withholding agent submits to the competent tax authority within the month following the withholding of such tax.

The measures for the administration of "withholding reports on the full amount for all personnel" shall be formulated by the State Administration of Taxation.

Article 38: When taxpayers who personally file tax returns file their returns, tax payments that have been withheld inside the People's Republic of China may be deducted from the amount of tax payable, in accordance with provisions.

Article 39: Taxpayers who concurrently derive income under two or more of the categories listed in Article 2 of the Tax Law shall compute and pay tax separately for each category. Taxpayers who derive income under items (1), (2) and (3) of Article 2 of the Tax Law in two or more places inside the People's Republic of China shall combine the incomes in the same category for the computation and payment of tax.

Article 40: For the purposes of the second paragraph of Article 9 of the Tax Law, the term "specific industries" shall mean the excavation industry, ocean-shipping industry, deep-sea fishing industry and other industries as determined by the Ministry of Finance.

Article 41: For the purposes of the second paragraph of Article 9 of the Tax Law, the term "the method of calculation on an annual basis and prepayment in monthly installments" shall mean the monthly prepayment of the tax payable on the income from wages and salaries of staff and workers in the specific industries listed in Article 38 hereof, and the computation of the actual tax payment due, within 30 days from the last day of the year, by averaging over 12 months the total wage and salary income for the whole year, at which time excess payments shall be refunded and deficiencies shall be made good.

Article 42: For the purposes of the fourth paragraph of Article 9 of the Tax Law, the phrase "the taxpayers shall pay such tax into the national treasury within 30 days after the end of the year" shall mean that taxpayers who derive their income from contracting for or leasing the operation of enterprises in a lump sum payment at the end of the year, shall pay the tax payable thereon into the national treasury within 30 days of the date on which the income is derived.

Article 43: In accordance with Article 10 of the Tax Law, foreign currency income shall be converted into renminbi for the computation of the amount of taxable income at the exchange rate published by the People's Bank of China on the last day of the month preceding that in which the tax payment receipt is issued. At the time of the annual settlement after the end of the year in accordance with the Tax Law, the amounts of foreign currency income on which tax has been prepaid on a monthly basis or each time the income was derived shall not be converted again. As for the portion of income the tax on which is to be made up, the amount of taxable income shall be computed by converting such portion of income into renminbi according to the exchange rate published by the People's Bank of China on the last day of the preceding Tax Year.

Article 44: When tax authorities pay commissions to withholding agents in accordance with Article 11 of the Tax Law, they shall issue to the withholding agents monthly income return statements, on the strength of which the withholding agent shall carry out treasury refund procedures with designated banks.

Article 45: The models for individual income tax returns, individual income tax withheld returns and individual income tax payment receipts shall be formulated by the State Administration of Taxation in a unified manner.

Article 46: For the purposes of the Tax Law and these Regulations, the term "Tax Year" shall mean the period commencing on 1 January and ending on 31 December on the Gregorian calendar.

Article 47: Commencing with the 1994 Tax Year, individual income tax shall be computed, levied and collected in accordance with the Tax Law and these Regulations.

Article 48: These Regulations shall be interpreted by the Ministry of Finance with the State Administration of Taxation.

Article 49: These Regulations shall be effective as of the date of promulgation. The PRC State Council, Tentative Provisions for the Reduction of Individual Income Tax on Income from Wages and Salaries Derived by Foreign Personnel Working in China promulgated by the State Council on August 8 1987 shall be repealed at the same time.