Land-related Policies
¡¡¡¡I. Land for an investment project may be transferred
in light of national regulations on the transfer of landuse
right on the basis of the principle of open, fair, lust,
impartial and honest, Investment companies from home and
abroad may attain the land-use right by purchase, transfer
lease, buying shares and so on.
¡¡¡¡1. Duration of Land-use Right
¡¡¡¡(1) Duration of land-use right attained by transfer:
50 years: land for industry, education, science and technology,
culture, public health or sports 40 years: land for commerce,
tourism or recreation50 years: land for multiple purposes
¡¡¡¡(2) Duration of land-use right attained by lease:10
years: land for residence8 years: land for industrial
use6 years: land for education, science and technology,
public health or sports5 years: land for commerce, tourism,
recreation or multiple purposes2 years: land for temporary
use.The owner who attains the land-use right by transfer
may rent out the land during the term of validity on condition
that alterations are made at the relevant regis tration
agency. The duration of land-use right may be extended
if applied for and approved.
¡¡¡¡2. The transfer of land-use right is charged based on
market price, basic land price (requisition of land and
construction of accessories completed) or pricesdetermined
in relevant regulations.
¡¡¡¡(1) For non-productive projects like real estate, the
land transfer is charged based on the market price.
¡¡¡¡(2) For general productive projects, the land transfer
is charged based on the basic land price.
¡¡¡¡(3) For productive projects of high-tech research and
development and production of high-tech products, and
for large-scale industrial projects with good outputs,
the land transfer is charged based on government-subsided
price. The subsidy provided by the government varies according
to the returns of certain projects.
¡¡¡¡ II. As regards investment in high-tech, infrastructure,
bio-resource exploitation, mineral deposits exploitation,
tourism development, machinery and automobile production,
and large-scale heavily-taxed productive projects which
earn much in net foreign exchange profit from exports,
land-related preferential policies are given in accordance
with the investment scale of fixed assets in light of
national, provincial and municipal regulations.
Finance and taxation policies
¡¡¡¡I. Income Tax
¡¡¡¡With the national and provincial relevant preferential
policies concerning the income tax of foreign-invested
enterprises applicable, from the third year on to the
tenth year ever since profits are made, the income tax
that should be paid in duty by foreign-invested enterprises
is first collected by the taxation agency, and then
the same amount as the net income of the development
zone is to be refunded by the finance agency at the
same level. With the national and provincial relevant
preferential policies concerning the income tax of domestically
cooperative enterprises applicable, from the fourth
year on to the sixth year ever since the start of business,
the income tax that should be paid in duty by domestically
cooperative enterprises is first collected by the taxation
agency, and then the same amount as the net income of
the development zone is to be refunded by the finance
agency at the same level; from the seventh year on to
the tenth year, the same amount as 60% of the net income
of the development zone is to be refunded.
Land-related Policies
¡¡¡¡I. Land for an investment project may be transferred
in light of national regulations on the transfer of
landuse right on the basis of the principle of open,
fairjust, impartial and honest. Investment companies
from home and abroad may attain the land-use right by
purchase, transfer, lease, buying shares and so on..
¡¡¡¡1. Duration of Land-use Right
¡¡¡¡(1) Duration of land-use right attained by transfer:
50 years: land for industry, education, science and
technology, culture, public health or sports 40 years
land for commerce, tourism or recreation50 years: land
for multiple purposes.
¡¡¡¡(2) Duration of land-use right attained by lease10
years: land for residence8 years: land for industrial
use6 years: land for education, science and technology,
public health or sports5 years: land for commerce, tourism,
recreation or multiple purposes2 years: land for temporary
use The owner who attains the land-use right by transfer
may rent out the land during the term of validity on
condition that alterations are made at the relevant
registration agency. The duration of land-use right
may be extended if applied for and approved.
¡¡¡¡2. The transfer of land-use right is charged based
on market price, basic land price (requisition of land
and construction of accessories completed) or prices
determined in relevant regulations.
¡¡¡¡(1) For non-productive project like real estate, the
land transfer is charged based on the market price.
¡¡¡¡(2) For general productive projects, the land transfer
is charged based on the basic land price.
¡¡¡¡(3)For productive projects of high-tech research and
development and production of high-tech products, and
for large- scale industrial projects with good outputs,
the land transfer is charged based on government-subsided
price. The subsidy provided by the government varies
according to the returns of certain projects.
As regards investment in high-tech, infrastructure,
bio-resource exploitation, mineral deposits exploitation,
tourism development, machinery and automobile production,
and large-scale heavily-taxed productive projects which
earn much in net foreign exchange profit from exports,
land-related preferential policies are given in accordance
with the investment scale of fixed assets in light of
national, provincial and municipal regulations.
Finance and taxation policies
¡¡¡¡I. Income Tax
¡¡¡¡With the national and provincial relevant preferential
policies concerning the income tax of foreign-invested
enterprises applicable, from the third year on to the
tenth year ever since profits are made, the income tax
that should be paid in duty by foreign-invested enterprises
is first collected by the taxation agency, and then
the same amount as the net income of the development
zone is to be refunded by the finance agency at the
same level. With the national and provincial relevant
preferential policies concerning the income tax of domestically
cooperative enterprises applicable, from the fourth
year on to the sixth year ever since the start of business,
the income tax that should be paid in duty by domestically
cooperative enterprises is first collected by the taxation
agency, and then the same amount as the net income of
the development zone is to be refunded by the finance
agency at the same level; from the seventh year on to
the tenth year, the same amount as 60% of the net income
of the development zone is to be refunded.
¡¡¡¡1. Income tax paid by domestically cooperative enterprises
¡¡¡¡(1) Newly-built non-public enterprises (such industries
excluded as limited by the state) are exempted from
paying income tax for three years on end. (Document
number: Yuncaishui [2003] No. 19)
¡¡¡¡(2) Newly-built enterprises from outside Yunnan Province
that meet the stated requirements is to enjoy an exemption
from income tax for the first three years and 50% off
for another two years or an exemption for two years.
(document number: Yuncaishui [2003] No. 19)
¡¡¡¡(3) Until the year 2010, examined and confirmed by
the provincial taxation agency, enterprises whose main
business is on the list of the Industries Encouraged
by the Stat and whose income on the part of the main
business exceeds 70 per cent of the total income, pay
the income tax at a rate of 15%.
¡¡¡¡(4) Until the year 2010, ever since the start of business,
enterprises that invest to newly build projects engaged
in such basic industries as communications, electricity,
water conservancy, postal service, radio and television
broadcasting, and whose income on the part of the above-mentioned
business amounts for 70 per cent or more of the total
income, are exempted from paying income tax for the
first two years and pay 50 per cent for the third year
to the fifth year if ratified by the provincial taxation
agency.
¡¡¡¡(5) Enterprises that use waste materials like wastewater,
waste gas and waste residue as raw materials may enjoy
an exemption or reduction in income tax for 5years.
(document number: Caishuizi [94] 001)
¡¡¡¡(6) As regards Yunnan-based enterprises investing
overseas, no income tax is to be collected for five
years on post-tax profits made by the Chinese investors;
from the year 2010 on when the duration of tax exemption
is due, the income tax will be collected a rate of 15%.
¡¡¡¡2£®Income tax paid by foreign-invested enterprises
¡¡¡¡Foreign-invested enterprises enjoy preferential policies
concerning income tax in accordance with the People's
Republic of China's Law of Income Tax on Foreign-invested
and Foreign Enterprises and its regulations for implementation.
¡¡¡¡II. Value Added Tax and Business Tax
¡¡¡¡Ever since of the start of business, the value added
tax (VAT) or business tax that should be paid in duty
by foreign-invested enterprises or non-public domestically
cooperative enterprises, is first collected by the taxation
agency and then the same amount as the local net income
is to be refunded after deducting the turnin portion
by the finance agency for the first year; 70 per cent
of the local net income is to be refunded for the second
year; 50 percent from the third year on to the fifth
year. As regards enterprises from outside Qujing buying
the shares of local enterprises and becoming major shareholders
and enterprises set up by means of acquiring, purchasing
and renting local enterprises by outside investors,
ever since the start of production, the VAT or business
tax will be collected first and then, after deducting
the turn-in portion, the same amount as the increment
over the VAT or business tax of the previous local enterprise
is to be refunded for the first year; 70 per cent for
the second year; 50 per cent from the third year on
to the fifth year.
¡¡¡¡Ill. Farmland Occupation Tax
¡¡¡¡The farmland occupation tax that should be paid in
duty by enterprises investing in such industries as
infrastructure construction, energy, chemical industry,
metallurgical industry, machinery, automobile, and bio-resources
exploitation, is first collected by the agency of local
taxation, and then the same amount as 50 per cent of
the income of the development zone is to be refunded
by the finance agency. The farmland occupation tax that
should be paid in duty by enterprises investing in road-building
is first collected by the agency of local taxation,
and then the same amount as the income of the development
zone is to be refunded by the fianc agency.
¡¡¡¡IV. The expenditure on the research and development
of new products, new techniques and new technologies
can be deducted before enterprises pay the income tax.
As regards profit-making enterprises that have complete
accounting system and pay income tax with account checked,
when the actual expenditure on the research and development
of new products, new techniques and new technologies
increases by 10 per cent or above over that of the previous
year, the actual expenditure can be deducted from the
total sum that should be taxed as income tax before
enterprises pay the income tax and the enterprises may
demand that the same amount as 50 per cent of the expenditure
be deducted from the total sum that should be taxed
as VAT. Foreign-invested enterprises and domestically
cooperative enterprises in the development zone are
allowed to help supply each other's needs of foreign
currency under the supervision of the agency for the
administration of foreign currency.
¡¡¡¡With the national preferential policies applicable,
foreign-invested enterprises in the development zone
may enjoy parts of the preferential policies given to
the foreign-invested enterprises in Kunming by the provincial
government. Approved by the customs, the development
zone may set up bonded workshops and warehouses. In
accordance with relevant regulations on processing materials
supplied by foreign customers for re-export and taking
into consideration the number of materials processed
and exported, the customs may exempt enterprises from
paying customs tariffs, import-related duty and imported-related
VAT.
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