A foreign-funded enterprise is an enterprise established in China by foreign investors according to the laws of China. Although all the capital of a foreign-funded enterprise comes from foreign investors, it is established in China according to the laws of China, governed and protected by the laws of China, and is an enterprise with China nationality. How to settle the funds?
Enterprises with foreign investment shall submit the following materials when applying for fund settlement from banks:
1. IC card for foreign exchange registration of foreign-invested enterprises.
2. Power of attorney for payment of RMB funds obtained through fund settlement.
3. Documents proving the use of RMB funds after the settlement of funds. Including the commercial contract or the payment notice issued by the payee, the payment notice should include the main terms of the commercial contract, the amount, the name of the payee, the bank account number, the use of funds, etc. When an enterprise repays RMB loans with RMB funds obtained from foreign exchange settlement, it must submit a statement that the loan funds have been used within the approved business scope as agreed in the contract.
4. The latest capital verification report issued by the accounting firm (with reply of foreign investment confirmation letter).
5. Copy of relevant documents and detailed list of the use of RMB funds obtained from the settlement of the previous funds according to the payment order letter, and invoice stamped with the official seal or financial seal of the enterprise. If the settlement is the last of one-time or multiple settlements, the enterprise shall submit the above materials to the bank within 5 working days after settlement.
6. Other materials that the bank thinks need to be supplemented.
Where the enterprise reserve funds with the equivalent value of less than 50,000 USD are used for settlement of foreign exchange, the enterprise does not need to submit 3.5 documents, and the interest in its capital account can be directly settled by the interest list issued by the bank.
If the settlement of enterprise capital is used for the turnover of enterprise reserve funds and the payment of wages and bonuses, the RMB funds obtained from the settlement can be retained in the enterprise's own RMB account. The RMB funds obtained from the settlement of foreign-invested enterprises' capital shall be used within the business scope approved by the government examination and approval department, and the RMB funds obtained from the settlement of foreign exchange shall not be used for domestic equity investment unless otherwise stipulated. Except for foreign-invested real estate enterprises, foreign-invested enterprises may not purchase domestic real estate for non-self use with RMB funds obtained from capital settlement. Capital refers to the registered foreign exchange capital invested by foreign investors in foreign-invested enterprises.
1. Foreign-invested enterprises should apply to the bank for fund settlement, which should be verified by an accounting firm in advance.
2. Renminbi funds obtained from the settlement of foreign capital of foreign-invested enterprises shall be used within the business scope approved by the government examination and approval department. Unless otherwise stipulated, RMB funds obtained from foreign exchange settlement shall not be used for domestic equity investment. Except for foreign-invested real estate enterprises, foreign-invested enterprises may not purchase domestic real estate for non-self use with RMB funds obtained from capital settlement. Enterprises with foreign investment shall, in accordance with the relevant provisions of the state, use the RMB funds obtained from fund settlement for securities investment. An investment-oriented foreign-invested enterprise that engages in domestic equity investment with the approval of the competent commerce department can only handle the domestic transfer of its capital with the approval of the foreign exchange bureau.
Three, foreign-invested enterprises in the bank to apply for capital settlement, shall submit the following materials:
1. IC card for foreign exchange registration of foreign-invested enterprises.
2. Power of attorney for payment of RMB funds for fund settlement.
3. Relevant documents on the use of RMB funds after the settlement of funds. Including the commercial contract or the payment notice issued by the payee, the payment notice should include the main terms of the commercial contract ... The RMB funds obtained from the settlement of foreign-invested enterprises' capital should be used within the business scope approved by the government examination and approval department, and the RMB funds obtained from the settlement of foreign exchange shall not be used for domestic equity investment unless otherwise stipulated. Except for foreign-invested real estate enterprises, foreign-invested enterprises may not purchase domestic real estate for non-self use with RMB funds obtained from capital settlement. Capital refers to the registered foreign exchange capital invested by foreign investors in foreign-invested enterprises.
Preferential policies for foreign-funded enterprises
Preferential tax policies for foreign-funded enterprises include four aspects.
(1) Preferential import tax policies
1. Production by foreign-invested enterprises & gt Products and technologies, accessories and spare parts imported with the equipment according to the contract, and self-use equipment required for import, but> Except for the goods listed in, customs duties and import value-added tax are exempted.
2. The imported foreign-invested enterprises belong to the advanced technology listed in> and the software fees paid overseas according to the contract shall be exempted from customs duties and import value-added tax.
3. For the technological transformation of established encouraged and restricted B-type foreign-invested enterprises, foreign-invested R&D centers, advanced technology-based and export-oriented foreign-invested enterprises, self-use equipment and its supporting technologies, accessories and spare parts that cannot be produced in China or whose performance cannot meet the needs can be imported within the original approved production and operation scope, and the import tariff and import value-added tax are exempted according to> (Guo Fa [1997] No.37).
4. Research and development centers established by foreign-invested enterprises shall import self-use equipment and its supporting technologies that cannot be produced in China or whose performance cannot meet the needs within the total investment.
(2) Preferential export tax policies
(See the summary of preferential tax policies for foreign-funded enterprises for details).
(3) Preferential policies for income tax
1. Foreign-invested enterprises and foreign enterprises subsidize research and development funds of unrelated scientific research institutions and institutions of higher learning, refer to.
2. If the technology development expenses incurred by foreign-invested enterprises in the year of technology development increased by more than 10% (including 10%) compared with the previous year, it is allowed to deduct 50% of the actual amount of technology development expenses in that year from the taxable income in that year upon examination and approval by the tax authorities.
3. Starting from 1999 65438+ 10/,from < < Detailed Rules for the Implementation of the Income Tax Law for Foreign-invested Enterprises and Foreign Enterprises in People's Republic of China (PRC) > > > Productive foreign-invested enterprises engaged in energy, transportation and port construction projects as stipulated in Item 1 (3) of Article 73.
4. Rent paid by China Airlines and foreign investors in the aircraft leasing contract signed before 1 September 19991shall be exempted from withholding income tax. The rent paid in the aircraft leasing contract signed after 1 September, 19991day shall be in accordance with
5. Foreign-invested enterprises encouraged by the state in the central and western regions may collect enterprise income tax at a reduced rate of 15% within three years after the expiration of the current preferential tax policies.
(4) Preferential policies for business tax.
(See the summary of preferential tax policies for foreign-funded enterprises for details).
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