Ministry of Science and Technology, Ministry of Finance and State Administration of Taxation, Measures for the Administration of the Recognition of Hi-tech Enterprises
科技部、财政部、国家税务总局高新技术企业认定管理办法
June 02, 2008 | BY
clpstaff &clp articles &Stricter recognition standards for hi-tech enterprises.
Issued: April 14 2008
Effective: January 1 2008
Applicability: For the purposes of these Measures, the term “hi-tech enterprise” means a tax-resident enterprise registered in China (excluding Hong Kong, Macao and Taiwan) for at least one year that falls within the Hi-tech Sectors Supported by the State on a Priority Basis (see the Appendix), and conducts research and development and applies technological achievements practically on an ongoing basis, with such achievements forming the core of the enterprise's self-controlled intellectual property rights, and that uses the same as the basis for carrying out its business activities (Article 2).
Main Contents: The Measures set forth the criteria for recognition as a hi-tech enterprise. For example, it has to be an enterprise registered in China (excluding Hong Kong, Macao and Taiwan) and owning the self-controlled intellectual property rights in the core technology of its principal products (or services) through its own development, transfer, acceptance of the donation, or mergers or acquisitions during the last three years or through an exclusive licence therefor of at least five years (Article 10).
After obtaining qualifications as a hi-tech enterprise, the enterprise is entitled to tax reduction or exemption.
Related Legislation: PRC Enterprise Income Tax Law, Mar 16 2007, CLP 2007 No.3 p.21; Implementing Regulations for the PRC Enterprise Income Tax Law, Dec 6 2007, CLP 2008 No.1 p.21; PRC Law on the Administration of the Levy and Collection of Taxes (Revised in April 2001), Apr 28 2001, CLP 2001 No.5 p.12 & CLP 1995 No.3 p.12; and Implementing Rules for the PRC Law on the Administration of the Levy and Collection of Taxes (Revised)
Repealed Legislation: Conditions and Measures for the Recognition of Hi-tech Enterprises Located Outside of State Hi-tech Industry Development Zones, 1996; and Conditions and Measures for the Recognition of Hi-tech Enterprises in State Hi-tech Industry Development Zones, 2000
clp reference:2600/08.04.14prc reference:国科发火 〔2008〕 172号promulgated:2008-04-14effective:2008-01-01This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now