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Issuing Authority: State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC).
Document number: Caishui [1994] 1
Date of promulgation:1March 29, 994
Category: enterprise income tax
According to the principles stipulated in the Provisional Regulations on Enterprise Income Tax in People's Republic of China (PRC), the original preferential enterprise income tax policy with strong policy and great influence, which is conducive to economic development and social stability, can be continued with the consent of the State Council. Hereby notify as follows:
1. Upon examination and approval by the tax authorities, enterprises that meet the following conditions may be granted preferential tax reduction or exemption according to the following provisions:
(1) High-tech enterprises in high-tech industrial development zones approved by the State Council shall be subject to income tax at a reduced rate of 15%; Newly established high-tech enterprises shall be exempted from income tax for two years from the year of production. It means:
1. Enterprises in high-tech industrial development zones approved by the State Council, which are recognized as high-tech enterprises by relevant departments, may be subject to income tax at a reduced rate of 15%.
2. Newly established high-tech enterprises in the high-tech industrial development zone approved by the State Council shall be exempted from income tax for two years from the year of production.
(2) In order to support and encourage the development of tertiary industry enterprises (including tertiary industry enterprises established by industrial enterprises owned by the whole people through the transformation of operating mechanism), income tax may be reduced or exempted within a certain period according to industrial policies. The specific provisions are as follows:
1. Rural industries provide technical services or labor income for agricultural production before, during and after delivery, that is, agricultural technology extension stations, plant protection stations, water pipe stations, forestry stations, animal husbandry and veterinary stations, aquatic products stations, seed stations, agricultural machinery stations, meteorological stations, farmers' professional technical associations and professional cooperatives, as well as various other cities and institutions to carry out the above technologies.
2. Income from technical services obtained by scientific research institutions and institutions of higher learning in the transfer of technical achievements, technical training, technical consultation, technical services and technical contracting shall be exempted from income tax temporarily.
3 newly established independent accounting enterprises or business units engaged in consulting (including consulting in science and technology, law, accounting, auditing, taxation, etc.). ), the information industry and technical service industry shall be exempted from income tax from the first year to the second year from the date of opening.
4. Newly established independent accounting enterprises or business units engaged in transportation, post and telecommunications shall be exempted from income tax in the first year and levied income tax by half in the second year.
5. Newly established independent accounting enterprises or business units engaged in public utilities, commerce, materials industry, foreign trade industry, tourism, warehousing industry, residential service industry, catering industry, educational and cultural undertakings and health undertakings may, with the approval of the competent tax authorities, reduce or exempt income tax for one year.
6. If a newly established tertiary enterprise operates in multiple industries, the tax reduction and exemption policy shall be determined according to its main business (calculated by its actual turnover).
(3) Enterprises that use waste water, waste gas, waste residue and other wastes as their main raw materials may have their income tax reduced or exempted within five years. It means:
1. The income from the production of products other than those specified in the original design with the resources in the Catalogue of Comprehensive Utilization of Resources as the main raw materials shall be exempted from income tax for five years from the date of production and operation.
2. The income from the production of building materials products by enterprises using bulk coal gangue, slag and fly ash outside the enterprise as the main raw materials shall be exempted from income tax for 5 years from the date of production and operation.
3. Newly-established enterprises that deal with and utilize the waste resources of other enterprises are listed in the Catalogue of Comprehensive Utilization of Resources, and with the approval of the competent tax authorities, the income tax may be reduced or exempted 1 year.
(4) Enterprises newly established in "old, less developed, border and poor" areas designated by the state may have their income tax reduced or exempted within three years. It means:
Enterprises newly established in the old revolutionary base areas, ethnic minority areas, remote areas and poverty-stricken areas as determined by the state may have their income tax reduced or exempted for three years with the approval of the competent tax authorities.
Rural credit cooperatives designated as poverty-stricken counties by the state may continue to be exempted from income tax before the end of 1995.
(5) Enterprises and institutions engaged in technology transfer and technical consultation, technical service and technical training related to technology transfer, whose annual net income is less than 300,000 yuan, are temporarily exempted from income tax. It means:
Income from technology transfer of enterprises and institutions, as well as technical consultation, technical service and technical training related to technology transfer in the process of technology transfer, with an annual net income of less than 300,000 yuan, shall be temporarily exempted from income tax; Income tax shall be paid in accordance with the law for the part exceeding 300,000 yuan.
(6) In case of serious natural disasters such as wind, fire, water and earthquake, the enterprise may reduce or exempt its income tax within a certain period of time. It means:
In case of serious natural disasters such as wind, fire, water and earthquake, the enterprise may reduce or exempt its income tax 1 year with the approval of the competent tax authorities.
(seven) newly established employment service enterprises, when the number of unemployed people in cities and towns reached the prescribed proportion, can reduce or exempt income tax within three years. It means:
1. Newly-established urban labor employment service enterprises may be exempted from income tax for three years if the number of unemployed people exceeds 60% of the total number of employees. The formula for calculating the proportion of unemployed people in that year is:
2. After the expiration of the tax exemption period for labor employment service enterprises, if the newly-placed unemployed persons account for more than 30% of the total number of original employees of the enterprise in that year, the income tax may be halved for two years upon examination and approval by the competent tax authorities. The formula for calculating the proportion of unemployed people in that year is:
3. Unemployed people who enjoy tax incentives include unemployed youth, surplus staff and workers of state-owned enterprises who have changed their operating mechanism, surplus staff of government agencies and institutions who have streamlined their institutions, farmers who have turned into farmers, and people who have worked for two jobs to get rid of difficulties.
4. The total number of employees in labor employment service enterprises includes all kinds of personnel working in enterprises, including temporary workers, contract workers and retirees.
(8) Enterprises established by institutions of higher learning and primary and secondary schools may reduce or exempt income tax. It means:
1. The income from the production and operation of factories and farms run by institutions of higher learning and primary and secondary schools shall be temporarily exempted from income tax.
2. Institutions of higher learning and primary and secondary schools hold all kinds of advanced courses and training courses, which are temporarily exempt from income tax.
3. Institutions of higher learning and primary and secondary schools enjoy preferential tax treatment for school-run enterprises, which must be funded by the school, managed by the school, and the operating income belongs to the school. The following enterprises shall not enjoy preferential tax treatment for school-run enterprises:
(1) transform the original tax-paying enterprise into a school-run enterprise;
(2) on the basis of the original school-run enterprise, the school absorbs the joint venture invested by other units;
(3) Joint ventures invested by the school to other units;
(four) enterprises jointly organized by schools and other enterprises, units and individuals;
(five) the school will sublet the school-run enterprises to enterprises operated by other units;
(6) The school contracts the school-run enterprises to individual enterprises.
4. The scope of institutions of higher learning and primary and secondary schools that enjoy preferential tax policies is limited to general education schools organized by the education department, excluding adult schools such as TV University, Night University, University of Technology, employee schools and private schools organized by enterprises.
(nine) the welfare production enterprises organized by the civil affairs departments can reduce or exempt income tax. It means:
1. For welfare factories organized by civil affairs departments and social welfare production units that have not been transferred to sub-district offices halfway, if the placement of "four disabled" personnel accounts for more than 35% of the total number of production personnel, income tax will be temporarily exempted. Where the placement of "four disabled" personnel accounts for more than 10% of the total number of production personnel, and does not reach 35%, the income tax will be levied by half.
2. The scope of "four disabilities" enjoying preferential tax policies includes blindness, deafness, dumb and physical disability.
3. Welfare production enterprises enjoying preferential tax policies must meet the following conditions:
(1) Having the conditions stipulated by the state for starting a business;
(2) the placement of "four disabled" personnel to reach the prescribed proportion;
(3) The production and operation projects conform to the national industrial policy and are suitable for disabled people to engage in productive labor or operation;
(4) Every disabled worker has a suitable position;
(five) the necessary conditions for safe production and labor protection measures suitable for the physiological conditions of the disabled;
(6) There is a strict and perfect management system, and a "four tables and one book" has been established (enterprise basic information table, work arrangement table for disabled employees, enterprise employee payroll table, profit and tax distribution and use report, and list of disabled employees).
(10) Township enterprises may subsidize social expenses at the tax payable minus 10%. The method of pre-tax extraction 10% is no longer implemented.
(eleven) the income obtained by the water conservancy project management unit shall be exempted from income tax during the Eighth Five-Year Plan period. It means:
Income earned by water conservancy project management units engaged in planting, aquaculture and tourism (excluding hotels, restaurants and guest houses with independent accounting), income from primary processing of agricultural products and income from construction industry serving the water conservancy project itself shall be exempted from income tax before the end of 1995.
(12) The income of geological exploration units affiliated to the Ministry of Geology and Mineral Resources shall be subject to income tax by half before the end of 1994.
(13) The policy of exempting overseas income of newly established foreign contracted engineering companies from income tax for five years can be implemented until the end of 1995.
(fourteen) non-staple food production enterprises in the "Eighth Five Year Plan" period to reduce or exempt from income tax. It means:
1. Enterprises specializing in the production of soy sauce, vinegar, bean products, pickled products, sauces, pickles, sugar snacks, children's food, small cakes, preserved fruits, fruit juice jams, dried vegetable seasonings (excluding monosodium glutamate) and feed processing, 1995 will be subject to income tax by half before the end of the year.
2. Some newly established food industrial enterprises shall be exempted from income tax before the end of 1995/year.
3. Enterprises or workshops specializing in the production of infant food and directly supplying fast food and convenience food to primary and secondary school students, whose products do not enter the market, shall be exempted from income tax before the end of 1995.
4. For newly restored traditional famous and special food enterprises, the income tax will be halved before the end of 1995.
(fifteen) the newly established feed industry enterprises shall be exempted from income tax before the end of 1995.
Two. The above preferential policies will be implemented from 1994 65438+ 10/month 1. If the original preferential policies are continued, the period of tax reduction or exemption for enterprises enjoying preferential policies shall be calculated continuously.
Three, within the scope and duration of the above preferential policies, the provincial tax authorities (branches, local taxation bureaus) can formulate specific provisions according to local conditions, and report to the Ministry of Finance and State Taxation Administration of The People's Republic of China for the record.
Four, in addition to the "Provisional Regulations on Enterprise Income Tax in People's Republic of China (PRC)" and the above preferential policies, other preferential policies shall be abolished. All regions and departments shall not exceed their authority to formulate preferential policies for enterprise income tax.