Legislation roundup: Enterprise income tax and property registration

March 27, 2015 | BY

clpstaff &clp articles &

This week the SAT has clarified enterprise income tax rules for overseas affiliates and industries in Western China. The Implementing Rules for the national property registration system have also been released

Tax

State Administration of Taxation, Announcement on Enterprise Income Tax Issues Relevant to the Payment of Expenses by Enterprises to Overseas Affiliates
国家税务总局关于企业向境外关联方支付费用有关企业所得税问题的公告

The payment of expenses by an enterprise to an overseas affiliate shall comply with the arm's length principle, and the tax authority may proceed with an adjustment for any expenses paid to an overseas affiliate not in compliance with the arm's length principle.

See the full translation.

Further reading
PRC Enterprise Income Tax Law
Recent transfer pricing developments


State Administration of Taxation, Announcement on Enterprise Income Tax Issues Relevant to the Implementation of the «Catalogue of Encouraged Industries in Western China»
国家税务总局关于执行《西部地区鼓励类产业目录》有关企业所得税问题的公告

An enterprise established in Western China that has as its main business a project in an encouraged industry newly added to the Catalogue of Encouraged Industries in Western China and the income from which for the year in question accounts for at least 70% of its total income may pay enterprise income tax at the reduced rate of 15% commencing from October 1 2014.

See the digest for more details.

Further reading
Catalogue for Foreign Investment in the Dominant Industries of the Central and Western Regions (2013 Revision)
Guiding regional investment

Land and real property

Ministry of Land and Resources, Implementing Rules for the Tentative Regulations for the Registration of Immovable Property (Draft for Comments)
国土资源部不动产登记暂行条例实施细则 (草案征求意见稿)

When applying for the registration of joint tenancy of immovable property, the application shall be submitted by all of the co-owners or their appointed agent. When applying for the registration of tenancy in common of immovable property, the application shall be submitted by co-owners accounting for at least two-thirds of the shares or by their appointed agent. Exceptions apply when otherwise provided by the co-owners.

This premium content is reserved for
China Law & Practice Subscribers.

  • 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
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]