Ministry of Finance and State Administration of Taxation, Circular on Issues Concerning the Enterprise Income Tax Policy for Technology Transfers by Tax-resident Enterprises
财政部、国家税务总局关于居民企业技术转让有关企业所得税政策问题的通知
Tax circular issued to clarify scope of technology transfers.
Issued: December 31 2010
Effective: January 1 2008
Applicability: The term “technology transfer” means the act whereby a tax-resident enterprise transfers ownership of, or grants a global exclusive licence of at least five years for, a technology satisfying Article 1 hereof that it owns (Article 2).
Main contents: The Circular clarifies the scope of technology transfers, which includes the transfer by tax-resident enterprises of proprietary technology, copyrights in computer software, rights in layout-designs of integrated circuits, new varieties of plants, new biopharmaceutical products and other technologies as determined by the Ministry of Finance and the State Administration of Taxation (Article 1).
Related legislation: PRC Enterprise Income Tax Law, Dec 6 2007, CLP 2008 No.1 p.21; and Implementing Regulations for the PRC Enterprise Income Tax Law, Dec 6 2007, CLP 2008 No.1 p.21
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