According to the provisions of the Enterprise Income Tax Law, the enterprise income tax payable by non-resident enterprises from equity transfer in China should be withheld at the source, and the withholding agent is the unit or individual who is directly obligated to pay relevant funds to non-resident enterprises according to relevant laws and regulations or contractual stipulations. The withholding agent shall withhold from the amount payable or due each time, and submit the Report Form of Withholding Enterprise Income Tax to the competent tax authorities within 7 days from the date of withholding, and the tax shall be turned over to the state treasury.
If the withholding agent fails to withhold or perform the withholding obligation according to law, if both parties to the equity transaction are non-resident enterprises and trade in China, the non-resident enterprises directly transfer the equity of domestic listed companies in the securities market. Non-resident enterprises shall, within 7 days from the date of equity transfer agreed in the contract and agreement, declare and pay enterprise income tax to the local competent tax authorities of China resident enterprises.
What is the income tax rate for equity transfer of non-resident enterprises?
According to the enterprise income tax law, the applicable tax rate for income obtained by non-resident enterprises is 20%. Article 91 of the detailed rules clearly stipulates that the income obtained by non-resident enterprises shall be subject to enterprise income tax at a reduced rate of 10%. That is, when a general overseas enterprise transfers the equity of a China enterprise or obtains the dividend distribution of a China enterprise, it should pay 10% of the enterprise income tax. However, if a non-resident enterprise belongs to a country that has signed a tax treaty or arrangement with China,
If a Hong Kong resident enterprise transfers its equity of a mainland resident enterprise, according to the tax arrangement signed between the Mainland and Hong Kong, if the proportion of Hong Kong resident enterprise holding the equity of a mainland resident enterprise is less than 25%, the income from the equity transfer in the Mainland is not subject to enterprise income tax. In order to enjoy the preferential treatment of the above tax treaties, non-resident enterprises must first apply to the competent tax authorities for agreed treatment, which can only be enjoyed after being examined and approved by the tax authorities, otherwise they must pay enterprise income tax in strict accordance with the provisions of the domestic tax law.
According to the provisions of the Enterprise Income Tax Law, the enterprise income tax payable by non-resident enterprises from equity transfer in China should be withheld at the source, and the withholding agent is the unit or individual who is directly obligated to pay relevant funds to non-resident enterprises according to relevant laws and regulations or contractual stipulations. The withholding agent shall withhold from the amount payable or due each time, and submit the Report Form of Withholding Enterprise Income Tax to the competent tax authorities within 7 days from the date of withholding, and the tax shall be turned over to the state treasury.
If the withholding agent fails to withhold or perform the withholding obligation according to law, if both parties to the equity transaction are non-resident enterprises and trade in China, the non-resident enterprises directly transfer the equity of domestic listed companies in the securities market. Non-resident enterprises shall, within 7 days from the date of equity transfer agreed in the contract and agreement, declare and pay enterprise income tax to the local competent tax authorities of China resident enterprises.
Income from equity transfer is the difference between equity transfer price and equity cost price. Equity transfer price refers to the amount collected by the equity transferor in the form of cash, non-monetary assets or equity. If the invested enterprise has undistributed profits or retained profits after tax, the equity transferor shall transfer the amount of shareholders' retained earnings right together with the equity. May not be deducted from equity transfer price. The cost price of equity refers to the amount of capital actually paid by the transferor to China resident enterprises when investing in shares, or the amount of equity actually paid to the original transferor when purchasing shares. When calculating the equity transfer price, if the owned enterprise has the ability to distribute profits or various funds deposited after tax, the amount of retained earnings of shareholders transferred by the equity transferor together with the equity shall not be from June 5438+ 10/2008.
To sum up, China has preferential tax policies for non-resident enterprises. According to the regulations, the income tax rate from equity transfer of non-resident enterprises is 20%, but with preferential policies, the actual tax rate is only 10%, which is already a very low standard. Income from equity transfer of non-resident enterprises shall be determined according to the difference between equity transfer price and cost price.
How to declare the income tax on the patent right transfer of non-resident enterprises? On the whole, in fact, according to Bian Xiao's information on the accounting treatment of the transfer of patent use rights of non-resident enterprises, I believe everyone knows that non-resident enterprises can report to the local tax authorities within 7 days after the transfer; There are many related materials on this website that can be studied for free. Welcome to this website for consultation.