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	NOTICE OF THE STATE ADMINISTRATION OF TAXATION ON THE TAXATION OF FOREIGN-FUNDED ENTERPRISES WITH FOREIGN INVESTMENT LESS THAN 25% OF CAPITAL

	(Letter No. 422 [2003] of the State Administration of Taxation promulgated on April 18, 2003)


SUBJECT : FOREIGN-FUNDED ENTERPRISES WITH FOREIGN INVESTMENT LESS THAN 25% OF CAPITAL
ISSUING DEPARTMENT : STATE ADMINISTRATION OF TAXATION
ISSUE DATE : 04/18/2003
IMPLEMENT DATE : 04/18/2003
LENGTH : 199 words
TEXT :

In order to facilitate the relevant departments in all places to accurately understand and ensure the implementation of the Notice Concerning the Relevant Issues on Strengthening the Examination, Approval, Registration, Foreign Exchange Control and Taxation Administration of Foreign-Funded Enterprises by the Ministry of Foreign Trade and Economic Cooperation, the State Administration of Taxation, the State Administration for Industry and Commerce and the State Administration of Foreign Exchange (No. 575 [2002] Promulgated by the Department of Treaties and Law of the MOFTEC), we hereby clarify the relevant issues on how to handle the taxation of newly established foreign-funded enterprises in which the contribution of foreign investor is lower than 25% (hereinafter referred to enterprises with foreign investment less than 25% of the capital) as follows:

I. applicable tax system. Enterprises in which foreign investment is lower than 25% shall all be considered domestic enterprises in the application of tax rules, and shall not enjoy tax treatments as foreign-funded enterprises, unless it is otherwise specially prescribed by the State Council.

II. tax registration. Enterprises in which foreign investment is lower than 25% shall all be considered domestic enterprises in making tax registration, unless it is otherwise specially prescribed by the State Council.