I. Corporate Income Tax Policy for Legal Partner of Limited Partnership Venture Capital Enterprise
Notification requirements
1. Since 20151kloc-0/,if the nationwide limited partnership venture capital enterprises have invested in unlisted small and medium-sized high-tech enterprises for two years (24 months), the legal partners of the limited partnership venture capital enterprises can deduct 70% of their investment in unlisted small and medium-sized high-tech enterprises.
2. The capital contribution of the legal person partner of the limited partnership venture capital enterprise to the unlisted small and medium-sized high-tech enterprises shall be calculated and determined according to the capital contribution of the limited partnership venture capital enterprise to the small and medium-sized high-tech enterprises as agreed in the partnership agreement and the capital contribution ratio of the legal person partner to the limited partnership venture capital enterprise.
policy analysis
Partnership enterprises in China refer to general partnership enterprises and limited partnership enterprises established in China by natural persons, legal persons and other organizations in accordance with the Partnership Law of People's Republic of China (PRC). A general partnership consists of general partners, who are jointly and severally liable for the debts of the partnership. Limited partnership consists of general partner and limited partner. The general partner shall be jointly and severally liable for the debts of the partnership, and the limited partner shall be liable for the debts of the partnership to the extent of the capital contribution subscribed.
Limited partnership is an enterprise between general partnership and limited liability company. The structure of limited liability and unlimited liability is very suitable for the needs of venture capitalists. Professional management institutions or individuals with good investment awareness shall assume unlimited joint liability as general partners and be responsible for the operation and management of the enterprise. As a capital contributor, a limited partner enjoys the benefits of the partnership, and, like the shareholders of a joint stock limited company, only bears limited liability for the debts of the enterprise.
In order to encourage investment in enterprises that the state needs to support and encourage, starting from 20 13, a limited partnership venture capital enterprise in Suzhou Industrial Park has invested in unlisted small and medium-sized high-tech enterprises for more than 2 years (24 months), and the legal person partner of the limited partnership venture capital enterprise can deduct the taxable income of the limited partnership venture capital enterprise according to 70% of its investment in unlisted small and medium-sized high-tech enterprises. Later, it was extended to all national independent innovation demonstration zones such as Zhongguancun, Hefei-Wuhu-Bengbu Independent Innovation Comprehensive Experimental Zone and Mianyang Science and Technology City. In view of the special role of limited partnership enterprises in mass entrepreneurship, this document Caishui [20 15] 1 16 extends the above investment deduction preferential policies to the whole country.
The term "limited partnership venture capital enterprise" as mentioned in these Measures refers to a limited partnership enterprise established in accordance with the People's Republic of China (PRC) Partnership Enterprise Law and the Interim Measures for the Administration of Venture Capital Enterprises (Order No.39 of the National Development and Reform Commission).
Small and medium-sized high-tech enterprises invested by venture capital enterprises not only comply with the provisions of the Notice of the Ministry of Science and Technology of the People's Republic of China, the Ministry of Finance and State Taxation Administration of The People's Republic of China on Printing and Distributing the Administrative Measures for the Identification of High-tech Enterprises (Guo Kefa [2008]172) and the Notice on Printing and Distributing the Administrative Guidelines for the Identification of High-tech Enterprises (Guo Kefa [2008] No.362).
After small and medium-sized enterprises that meet the standards of high-tech enterprises accept venture capital, the investment period of venture capital enterprises is calculated from the year when they are recognized as high-tech enterprises (whether it is 24 months or not). After small and medium-sized enterprises accept venture capital within this period, if the scale of the enterprise exceeds the standard of small and medium-sized enterprises, but it still meets the standard of high-tech enterprises, it will not affect the venture capital enterprises to enjoy relevant tax concessions.
Two. Enterprise income tax policy for technology transfer income
Notification requirements
1. Starting from 20151kloc-0/,the technology transfer income obtained by national resident enterprises after transferring their non-exclusive license rights for more than five years is included in the technology transfer income enjoying preferential corporate income tax. The part where the annual technology transfer income of resident enterprises does not exceed 5 million yuan shall be exempted from enterprise income tax; For the part exceeding 5 million yuan, the enterprise income tax will be levied by half.
2. The technologies mentioned in this Notice include patents (including national defense patents), computer software copyrights, exclusive rights of integrated circuit layout design, new varieties of plants, new varieties of biomedicine and other technologies determined by the Ministry of Finance of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China. Among them, patents refer to inventions, utility models and designs that do not simply change the patterns and shapes of products.
policy analysis
This preferential policy was originally implemented in Zhongguancun National Independent Innovation Demonstration Zone from 1 October 20 13 to 1, and was extended to all national independent innovation demonstration zones, Hefei-Wuhu-Bengbu Independent Innovation Comprehensive Experimental Zone and Mianyang Science and Technology City from October 0/5 to1. These Provisions shall be applicable nationwide from 20 15 10 1.
The enterprise income tax law gives preferential tax relief to technology transfer. The Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Corporate Income Tax Policies Concerning Technology Transfer of Resident Enterprises (Caishui [2010]11No.) defines the scope of technology transfer that meets the conditions of tax reduction and exemption: technology transfer refers to the transfer of patented technology, computer software copyright, integrated circuit layout design right and new factory building owned by resident enterprises.