For production-oriented foreign-invested enterprises, the tax law provides that the operating period of more than 10 years, from the beginning of the profit-making year, the first and second years of income tax exemption, the third to the fifth year of half of the enterprise income tax.
The production-oriented foreign-invested enterprises refer to foreign-invested enterprises engaged in the following industries: machinery manufacturing, electronics industry; energy industry (excluding oil and natural gas exploitation); metallurgy, chemical and building materials industry; light industry, textile and packaging industry; medical devices and pharmaceutical industry; agriculture, forestry, animal husbandry, fishery and water conservancy; construction industry; transportation industry (excluding passenger transportation); scientific and technological development, geological survey and research, which are directly for the production service. production services, scientific and technological development, geological survey, industrial information consulting and production equipment, precision instrument maintenance services; by the State Council tax authorities to determine the other industries.
Non-productive foreign-invested enterprises cannot enjoy the above tax incentives. For example, enterprises specializing in real estate development business, specializing in investment business, as well as enterprises engaged in purchasing or importing complete sets of machinery or equipment pieces, simple assembly and sale of enterprises, or engaged in purchasing various types of beverages, food filling, packaging, packaging and sale of enterprises, etc., do not belong to the production of foreign-invested enterprises shall not be entitled to enjoy the above tax incentives. In addition, for a productive foreign-invested enterprise to operate non-productive business, if its productive business income exceeds 50% of the total business income in the current year, within the period of tax exemption and reduction, approved by the tax authorities in the current year, it can enjoy tax exemption or reduction in the current year, and if it is not more than 50%, it can't enjoy tax exemption or reduction in the current year even if it is within the period of tax exemption and reduction. (All rights reserved.)
Enterprises engaged in the mining of oil, natural gas, rare metals, precious metals and other resources are not subject to the above tax incentives, except as otherwise provided by the State Council.
The operation period refers to the period from the date when the foreign-invested enterprise actually starts production and operation (including trial production and trial operation) to the date when the enterprise terminates production and operation.
A productive foreign-invested enterprise that is entitled to exemption or reduction of enterprise income tax in accordance with the provisions of the tax law shall report its industry, the name of its main products and the determined operation period to the local tax authorities for examination and verification, and shall not be entitled to the exemption or reduction of enterprise income tax without the consent of the examination and verification.
The year in which the profit is started refers to the first tax year in which the profit is earned after the enterprise starts production and operation.
If an enterprise has a loss at the beginning of its operation, it can make up for it year by year in accordance with the provisions of the tax law, and the tax year in which it makes up for the profit is the year in which it starts to make profit.
Foreign-invested enterprises that start business in the middle of the year and make profits in that year, but the actual production and operation period is less than 6 months, can choose to calculate the period of exemption or reduction of enterprise income tax from the next year. However, the profits earned by the enterprise in that year shall be subject to income tax in accordance with the provisions of the Tax Law. In this case, if a loss occurs in the next year, it should still be the profit-making year and the period for calculating the exemption and reduction of enterprise income tax should be calculated from the next year onwards, and the profit-making year cannot be postponed due to the occurrence of a loss.
The period of exemption and reduction of enterprise income tax under the tax law shall be calculated continuously from the profit-making year of the enterprise and shall not be postponed due to the occurrence of losses in the middle of the year.
If a foreign-invested enterprise that has been exempted or reduced from enterprise income tax in accordance with the provisions of the tax law has been in actual operation for less than the prescribed period, it shall pay back the exempted or reduced enterprise income tax, except for major losses caused by natural disasters and accidents.