Implementation Regulations for the New Enterprise Income Tax Law of China

Excerpt from Practical China Tax and Finance Strategies by Fuli Cao (Jones Day)


In December, the long-awaited new Enterprise Income Tax (EIT) Regulations were finally released. They define resident enterprise, reduce the tax rate and eliminate taxes on certain kinds of dividends. Many uncertainties still remain.


The EIT Law and the New EIT Regulations made major changes and clarifications, including the following:

• Defined “resident enterprise” as an enterprise either established under the law of China or effectively managed in China.


• Confirmed transfer pricing rules.


• Introduced controlled foreign corporation rules.


• Introduced thin capitalization rules.


• Reduced the regular income tax rate from 33 percent to 25 percent.


• Introduced a 20 percent tax rate for small-scale enterprises earning small profit.

More changes and clarifications: