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National Preferential
Policies:
1. Preferential offer on income tax
For productive enterprises running over 10 years,
from the first profitable year, the enterprise
income tax is exempted for two years, and from
the third to the fifth year, half the enterprise
income tax levied.
If the export volume of an enterprise accounts
for over 70% of its total output value, the enterprise
income tax is halved even after the preferential
period prescribed above. And income tax for high-tech
enterprises is halved for another three years
after the preferential period prescribed by the
law.
Foreign enterprises engaged in agriculture, forestry,
and livestock farming, as well as enterprises
in undeveloped areas, can have their income tax
reduced by 15% to 30% for another 10 years after
the preferential period prescribed by law, provided
that their applications got approved by the tax
divisions of the State Department.
2. Preferential policies on reinvestment
If foreign investors reinvest their profits on
normal enterprises (not export or high-tech enterprises),
and running for over 5 years, 40% of paid income
tax on the reinvestment will be returned.
Tax paid for income that is latterly used for
reinvestment on the above two types of enterprises
(namely export and high-tech enterprises) will
be fully returned.
3. Tariff, Value-added Tax and Consumption Tax
The Chinese Government offers tariff and import-related
value-added tax waivers on self-use equipment
imports for foreign invested projects within their
total investment on condition that the projects
belong to the encouraged categories in the Catalogue
for the Guidance of Forign Investment Industries
and the imports are not listed in the Catalogue
of Non-Tariff-Free Imports for Foreign Investment
Projects. Self-use equipment imports for projects
utilizing foreign gobernmental loans and loans
provided by international financial organizations,
and charge-free equipment imports provided by
foreign companies for processing-trade projects,
apart from the items in the Catalogue of Non-Tariff-Free
Imports for Foreign Investment Projects, shall
be exempted for the tariffs and import-related
value-added tax in reference to related provisions
governing the waivers on equipment imports for
foreign invested projects. The aforesaid waivers
are also applicable for techniques, necessary
accessories and spare parts imported together
with the equipment for the projects in conformity
with related requirements.
For technological innovation of the existing
foreign invested ventures of the encouraged category,
R&D centers, technologically advanced ventures
and export-oriented ventures, the self-use equipment
and the related techniques, within the originally
ratified business scope for the reason that these
products cannot be domestically produced or the
domestically made ones are not qualified to meet
the demand, shall be exempted from tariff and
import-related tax in accordance with concerning
stipulations of the Circular of the State Council
on Adjusting the Policies on Taxation of Equipment
Imports.
The value-added tax on domestically manufactured
equipment shall be fully refunded for foreign
invested enterprises of the encouraged category
purchasing the domestically made equipment within
their total investment on the premise that the
imported equipment of the same type is in the
categories enjoying the import-related tax waivers.
If foreign invested enterprises purchase domestically
made equipment for conducting technological innovation
in conformity with state Industrial policies or
producing new-and-high tech products, the portion
of taxable income equivalent to the equipment
price shall be deducted for paying enterprise
income tax.
In accordance with concerning stipulations of
the Circular of the State Council on Adjusting
the Policies on Taxation of Equipment Imports,
the foreign invested R&D centers shall be
exempted from tariff and import-related tax for
importing the self-use equipment and the related
techniques, necessary accessories and spare parts
within their total investment for the reason that
these products cannot be domestically produced
or the domestically made ones are not qualified
to meet the demand.
On the premise that the technological development
fees of foreign invested enterprises increase
by 10% or more compared with the previous year,
the portion of taxable income of that year equivalent
to 50% of the actually input technological development
fees shall be deducted subject to the approval
of tax authorities.
Foreign enterprises shall be exempted from business
tax for transferring technology to Chinese partners,
and those transferring advanced technology or
transferring at a favorable price be exempted
from enterprise income tax at the approval of
the tax authority of the State Council. Foreign
invested enterprises (including foreign invested
R&D centers) shall also be exempted from business
tax for their income in transferring technology.
The foreign invested enterprises in the fields
of poultry raising, farming, forestry, animal
husbandry and aquiculture shall be exempted from
value added tax and consumption tax.
For exports produced by compensation trade projects,
if the value-added tax has been levied in the
stage of production, the tax shall be refunded
after customs declaration for exportation in accordance
with related stipulations, and the refunding formalities
can be gone through without submitting receipt
for collecting export proceeds.
The preferential policies of the EDZ’s management
committee
Preferential land-use policy: The land-use in
the EDZ is based on the three principles of plan
as a whole, match as a whole, and use as a whole.
The land-use right can be get by means of purchasing,
stock shares evaluation, and rent. Once obtained,
the land-use right can be put to sale, lease,
or pledge. For those large-scale investment projects
and high-tech projects, the enterprise can pay
only for compulsory charges imposed by the state,
and the EDZ management committee can pay the land-use
price.
Finance awards: For the newly established industrial
enterprises, there is policy ‘pay tax by the rules,
while finance awards return’. During the first
two years, the income tax that goes to the EDZ’s
fiscal will be fully returned, and for the next
three years the return percentage remains at 50%.
For high-tech enterprises, 50% of the value-added
tax that goes to the local fiscal will be returned
for the first three years, and from the forth
year and afterwards, the increased part (compared
with the previous year) will be fully returned.
Other enterprises can also be qualified for some
other finance awards. For those enterprises with
annual export over US$1 million, awards can be
given according to the volume and growing speed
of export.
Investment Directions:
According to the plan of “Three bases”, i.e. build
Heze to be the trade and logistic base on the
border of Jiangsu, Shandong, Henan, and Anhui,
and to be energy/medicine/chemical base as well
as green agricultural production/export base,
the key points for investment now include:
1. Infrastructures, e.g. power plants, expressways,
and sewage processing.
2. Agricultural products processing projects,
e.g. food and by-product processing.
3. High-tech and competitive projects on coal-electricity
integration, petrochemical, natural gas, chemicals,
and medicines, etc.
4. More exclusively foreign-owned enterprises
and Sino-foreign joint ventures, as well as related
processing industries.
5. More service sectors like commerce, trade,
finance, education, information, and storage,
etc, making the tertiary industry meet the need
of an export-oriented economy.
6. Emphasis on export-oriented, and large projects
that have the potential to be pillars of the industrial
base.
Investment Forms:
According to regulations by the state, foreign
investment in Heze can take on of the following
forms:
A. Sino-foreign joint venture B. Chinese-foreign
contractual joint ventures
C. Exclusively foreign-owned D. Cooperative development
E. Compensation trade F. Processing and assembly
trade
G. International lease H. Technology transfer
J. Loan K. Deposit in Chinese Bank
1. Sino-foreign joint venture: is the kind of
enterprises on which foreign companies, enterprises
or other economic organizations and individuals
co-invest with their Chinese counterparts, and
set up in China according to the Law of the People’s
Republic of China on Sino-foreign joint venture.
The participated parties share risks and profits
according to the ratio of their investment.
2. Chinese-foreign contractual joint ventures:
is the kind of enterprises on which foreign companies,
enterprises or other economic organizations and
individuals co-invest with their Chinese counterparts,
and cooperatively set up in China according to
the Law of the People’s Republic of China on Chinese-foreign
contractual joint ventures. The rights and obligations,
share of risks and profits of the participated
parties are decided in the cooperative contract.
3. Exclusively foreign-owned enterprises: is
the kind of enterprise set up in China according
to the Foreign-owned enterprise law of China P.R.,
exclusively by foreign companies, enterprises,
other economic organizations or individuals.
4. Compensation trade: foreign entities provide
credit to Chinese enterprises in the form of technology
or equipments or raw materials, while contract
to purchase certain quantities of products from
their Chinese partners, and use these products
as the compensation for the credit provided. Compensation
can be in two modes, direct or indirect compensation,
i.e. use the product of the previously loaned
equipments (direct) or other products agreed by
both sides (indirect) as compensation for the
credit provided.
5. Processing and assembly: raw materials, or
parts, or blueprint is provided by foreign partners,
while Chinese enterprises responsible for processing
or assembly, and finished products return to foreign
partners who pay processing fees to Chinese enterprises.
Foreign partners, priced or free, may also provide
the equipments, and Chinese enterprises can use
the processing fee as compensation for the priced
equipments.
6. International lease: mainly in forms of finance
lease, business lease, or comprehensive lease.
Finance lease is that the lease company purchase
equipments according to demands of the users,
and then put them on lease for the users. The
creditor retains ownership of the equipments while
the user gets the use-right. The user is responsible
of the equipments installation, and the creditor
takes back the equipment costs, interests, and
handling charge in form of rent during the equipment
usage. For business lease, the lease company provides
the needed equipments, and is responsible for
the maintenance, and the user pays rent, and returns
the equipment after lease period. And comprehensive
lease is the combination of the above two. Note
the lease must be outside the registered capital
of the cooperative company.
Investment Procedures:
For exclusively foreign-owned enterprises:
1. Talks on investment intensions.
2. Composition of enterprise application form
and feasibility report.
3. Get approved by the Planning Committee and
Department of Foreign Trade and Economics, and
the approval certificate.
4. Get operation license form the industrial &
commercial bureau.
5. Opening accounts in a bank, put records in
custom, registering with tax office, and get land
use right.
For joint ventures and contractual joint ventures:
1. Contract on cooperation intensions, and compose
the project suggestion book.
2. Get filed by the Planning Committee and Department
of Foreign Trade and Economics.
3. Compose the feasibility report, sign the formal
cooperative contract and establish rules for the
enterprise.
4. Get approved by the Department of Foreign Trade
and Economics, and the approval certificate.
5. Get operation license form the industrial &
commercial bureau.
6. Open accounts in a bank, put records in custom,
register with tax office, and get land use right.
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