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Under the guidance of the Notice of the General Office of the State Council on Transmitting the Opinions of the Western Development Office of the State Council on the Implementation of Several Policies and Measures for the Western Development (No.73 [2001] of the General Office of the State Council), and the Notice of the Ministry of Finance, the State Administration of Taxation and the General Administration of Customs on the Issues of Preferential Taxation Policies for the Western Development (No.202 [2001] of the Ministry of Finance), the opinions on the concrete implementation of the relevant preferential taxation policies for the Western Development are hereby notified as follows: I. An Enterprise established in the western region and taking the encouraged industrial projects as the main business, from which the income of the current year exceeds 70% of the total income thereof, may file applications on their own initiatives and be subject to the review of the taxation organs. Only upon the confirmation after review by the taxation organs may the enterprises pay the business income tax at a reduced rate of 15%. The enterprises shall, within the prescribed period, file a written application to the taxation authority, attach the relevant materials, and submit to the higher authorities after the review of the taxation authorities. For the first year, such materials shall be submitted to the taxation organs at the provincial level for review and confirmation; for the second year and thereafter to the taxation organs at the level of local place and city for review and confirmation before execution. With regard to any investment project that is difficult to determine whether it is an encouraged project, the taxation organs shall request the enterprises to provide the certification documents issued by the relevant industrial authorities at the level of province and above, and shall review and determine together with other relevant materials. II. Enterprises engaged in infrastructure such as communications, electric power, water conservancy, post, broadcasting and television in the western region, from which the income of an enterprise accounts for more than 70% of the total income thereof, may file applications on its own initiative and be subject to the review of the taxation organ. Upon the confirmation after review by the taxation organ, domestic-funded enterprises may, from the day of starting business, be exempted from business income tax for the first and second year, and be exempted from half of the business income tax from the third to the fifth year. Among which the proportion of the income of main business of foreign-funded productive enterprises shall be executed in accordance with the Notice of the State Administration of Taxation on the Issues of How the Foreign-funded Enterprises Engaged Both in Productive and Non-productive Businesses Enjoy the Taxation Preferences (No.209 [1994] of the State Administration of Taxation). The enterprises shall, within the prescribed period, file written applications to the taxation authorities and attach the relevant materials, and submit to the higher authorities after the review by the taxation authorities. For the first year, such materials shall be submitted to the taxation organs at the provincial level for review and confirmation, and for the second year and thereafter, to the taxation organs at the level of region and city for review and confirmation before execution. Where the aforesaid enterprises meet the conditions as provided in Article 1 of this Notice at the same time, where the business income tax is half exempted from the third year to the fifth year, the tax payable shall be calculated at a rate of 15% before it is half exempted. The enterprises as mentioned in the preceding paragraph shall refer to the enterprises that construct and operate the aforesaid projects by their main investment. Those construction enterprises that contract the construction of the aforesaid projects may not enjoy the polices of two-year exemption and three-year half exemption of business income tax. III. Enterprises failing to file applications or to be confirmed after review by the taxation organ in accordance with the provisions may not enjoy the aforesaid preferential taxation policies. IV. Upon the approval of the People's Governments at the level of province, domestic enterprises of the autonomous regions may pay reduced business income tax or be exempted from such; the foreign-funded enterprises may pay reduced local income tax or be exempted from such taxes, among which where the reduced or exempted tax of any domestic-funded enterprise involves RMB1,000,000 of central revenue or more, it shall be reported to the State Administration of Taxation for approval. V. With regard to enterprises paying consolidated tax, their member enterprises within the western region and those outside the western region shall be separated. They shall consolidate and pay the tax separately and be subject to different tax rates. VI. The procedures and measures for examination and approval for the exemption of agriculture specialty tax and farmland occupancy tax shall be executed in accordance with the relevant existing provisions. VII. The localities shall not, without authorization, expand the applicable scope and conditions of the relevant preferential taxation policies as provided in the document No.73 [2001] of the General Office of the State Council the document and No.202 [2001] of the Ministry of Finance. Any violation shall be dealt with seriously once found out. |
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