China government's preferential tax system for foreign-invested enterprises.

Tax issue is one of the investment preferential conditions that investors are most concerned about, and it is also an important factor affecting the flow of international capital. Therefore, tax preference has naturally become an important means for capital-importing countries to attract foreign investment and an important part of the tax legal system of foreign-invested enterprises. From a global perspective, most developing countries have implemented preferential tax policies for foreign-invested enterprises in order to improve the enthusiasm of foreign investors. In order to attract foreign investment and promote economic development in China, various forms of tax preferences are stipulated in the tax legal system. China's tax preference system mainly consists of four parts: enterprise income tax preference system, reinvestment tax preference system, turnover tax preference system and tariff preference system. Among them, the enterprise income tax preferential system is the most important tax preferential system.

I. Preferential treatment for enterprise income tax

199 1 The Income Tax Law of the People's Republic of China on Enterprises with Foreign Investment and Foreign Enterprises promulgated by the National People's Congress Standing Committee (NPCSC) and the Implementation Rules promulgated by the State Council in order to encourage foreign investment and give full play to the role of the tax preferential system, the following series of tax preferential measures are stipulated. These preferential measures include tax incentives for limited industries, tax incentives for limited regions and tax incentives for limited projects, forming an income tax preferential system combining industries, regions and projects, which is more reasonable and perfect than the original tax preferential system. Its specific provisions mainly include the following aspects:

(1) For productive foreign-invested enterprises with an operating period of less than 10 years, tax exemption for two years and preferential tax reduction for three years will be granted from the year when profits are made. However, for oil, natural gas, rare metals, precious metals and other resource exploitation projects, the tax exemption period shall be stipulated separately by the State Council.

(2) For those engaged in the construction of energy, transportation, ports, wharves and other important productive projects, if the Income Tax Law for Enterprises with Foreign Investment and Foreign Enterprises promulgated by the State Council gives preferential treatment for tax reduction or exemption for a longer period before implementation, the previous preferential provisions will continue to apply. Specifically, for specific foreign-invested enterprises engaged in energy, transportation, ports and other infrastructure construction, if the operating period is more than 15 years, after approval, the income tax will be exempted for the first five years from the profit, and the income tax will be halved for the next five years.

(3) Foreign-invested enterprises located in special economic zones and productive foreign-invested enterprises located in economic and technological development zones shall be taxed at the preferential tax rate of 15%;

(4) For productive foreign-invested enterprises located in the old urban areas of coastal economic development zones and economic and technological development zones, the income tax shall be levied at a reduced rate of 24%. For productive foreign-invested enterprises located in the above areas and engaged in the following projects, the income tax shall be levied at a reduced rate of 15%:

A, technology-intensive, knowledge-intensive projects;

B, foreign investment in more than $30 million projects;

C. Projects with long investment recovery time;

D, energy, transportation, port construction projects.

(5) For export enterprises, after the expiration of the exemption or reduction of income tax stipulated in the tax law, if the output value of export products in that year reaches more than 70% of the output value of the products of the enterprise in that year, the income tax may be levied at the current tax rate by half.

(6) For advanced technology enterprises, if they are still advanced technology enterprises after the exemption or reduction of income tax according to the provisions of the tax law, the enterprise income tax can be reduced by half for three years according to the tax rate stipulated in the tax law.

(7) Enterprises with foreign investment engaged in agriculture, forestry and animal husbandry, and enterprises with foreign investment located in economically underdeveloped areas, after the expiration of the preferential period of tax exemption and reduction in accordance with the provisions of the tax law, can continue to reduce the enterprise income tax by 15%-30% according to the taxable amount in the following 10 years upon the application of the enterprise and the approval of the tax authorities in the State Council.

(8) Financial institutions such as foreign-funded banks and Sino-foreign joint venture banks established in special economic zones and other areas approved by the State Council, where the capital invested by foreign investors or the operating capital allocated by the head office exceeds $ 10 million and the operating life is more than 1 0 years, shall be exempted from tax at1year from the first profit-making year and taxed at half in two years.

(9) Foreign-invested enterprises established in Pudong New Area of Shanghai engaged in energy and transportation construction projects such as airports, ports, railways, highways, power stations, etc., whose operating period is more than 15 years, shall be exempted from enterprise income tax for the first five years and subject to the approval of the local tax authorities.

(10) Foreign-invested enterprises engaged in service industries that have been established in special economic zones before the tax system reform, with foreign investment exceeding US$ 5 million and operating period of more than 10 years, will be exempted from tax at 1 year from the first profit-making year upon application and approval by the local tax authorities, and the tax will be halved for two years.

(1 1) If the production and operation institutions and places established by foreign-invested enterprises in China have annual losses, they can make up for them from the income in the next fiscal year. If the income from the next year is insufficient to make up for it, it can be continued year by year within five years.

(12) For foreign-invested enterprises established in industries encouraged by the state in the western region, the enterprise income tax shall be levied at the reduced rate of 15% within three years after the expiration of the current tax preference.

(13) Enterprises with foreign investment can enjoy preferential income tax credit if they purchase domestic equipment according to regulations.

In addition to the above provisions, other provisions on enterprise income tax reduction and exemption that have been issued or approved by the State Council shall continue to be implemented. In order to encourage foreign-invested enterprises to invest their funds in needed industries and projects, the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may exempt or reduce local income tax according to their actual conditions.

Second, the tax rebate for profit reinvestment

In order to encourage foreign-invested enterprises to reinvest the profits directly to expand the enterprise, increase the registered capital, or start new foreign-invested enterprises as capital, the current tax law stipulates that foreign investors of foreign-invested enterprises can enjoy the following tax rebate concessions if they reinvest their profits:

(1) If a foreign investor directly reinvests the profits obtained in a general enterprise, and the investment operation period is not less than 5 years, 40% of the income tax already paid for the reinvested part shall be refunded upon the application of the investor and the approval of the tax authorities;

(2) If a foreign investor directly uses the profits obtained to establish or expand export enterprises or advanced technology enterprises, or directly reinvests the profits obtained from enterprises in Hainan Special Economic Zone in infrastructure construction projects and agricultural development projects in Hainan Special Economic Zone, and the investment and operation period is not less than five years, the income tax paid for the reinvested part can be fully refunded upon the application of the investor and the approval of the tax authorities.

When applying the preferential system of reinvestment tax refund, we should also pay attention to the following issues:

First, if the reinvestment operation period is less than 5 years and the investment is withdrawn, the refunded funds shall be returned;

Second, if the reinvested and expanded enterprise fails to meet the standards of export enterprises within three years from the start of production and operation, or is not recognized as an advanced technology enterprise, it shall pay back 60% of the refunded tax;

Third, foreign investors must enjoy the preferential tax refund on the premise of direct reinvestment, that is, they must directly invest in the enterprise or start other foreign-invested enterprises with the profits obtained. If foreign investors invest in China after remitting profits abroad, they will not enjoy preferential tax refund. Similarly, foreign investors will use their profits to buy shares of this enterprise or other enterprises, and they will not enjoy preferential tax refund.

III. Preferential treatment of turnover tax

The National People's Congress Standing Committee (NPCSC)'s "Decision on the Application of Provisional Regulations on VAT, Consumption Tax and Business Tax to Foreign-invested Enterprises" stipulates that from 1994 1 month 1 day, foreign-invested enterprises shall apply the VAT, consumption tax and business tax regulations issued by the State Council. According to this regulation, the main taxes applicable to turnover tax of foreign-invested enterprises are value-added tax, consumption tax and business tax. The current tax law stipulates that foreign-invested enterprises can enjoy the following preferential turnover tax:

(1) Machinery, equipment, spare parts and other materials invested by a foreign-invested enterprise as a joint venture or imported within the total investment according to the provisions of the joint venture contract shall be exempted from turnover tax in the import link;

(2) The raw materials imported by foreign-invested enterprises for the production of export products are exempt from turnover tax;

(3) If the products produced by the investment enterprises located in the special economic zones are sold in the zones, except for a few products such as mineral oil, cigarettes and wine, the turnover tax of the production links shall be exempted for other products;

(4) If the products produced by investment enterprises located in the bonded area are sold in the bonded area, they shall be exempted from turnover tax in the production process;

(5) A turnover tax shall be levied on the interest income of foreign exchange loans obtained by foreign-funded or foreign-funded financial institutions according to the spread;

(6) Taxable commodities produced by foreign-invested enterprises are directly exported, and are exempt from consumption tax unless otherwise stipulated by national laws;

(7) If the products produced by foreign-invested enterprises are directly exported, the value-added tax rate is zero, that is, the value-added tax is not levied in the last link. The tax included in the export products can be deducted from the output tax of the products sold by the input tax listed in the export declaration form and VAT invoice. If the deduction is insufficient, the tax refund will be given. Foreign-invested enterprises undertake? The income from the repair and repair of aircraft outside the vehicle shall be exempted from value-added tax, and the parts and raw materials used for repair and repair shall be refunded if value-added tax has been levied.

After applying value-added tax, consumption tax and business tax to foreign-invested enterprises, the tax burden of a few enterprises has increased, which is obviously not conducive to encouraging foreign investment and does not meet the purpose of tax reform. In order to make the tax reform not increase the tax burden of foreign-invested enterprises, the National People's Congress Standing Committee (NPCSC)'s "Decision on the Application of Provisional Regulations on VAT, Consumption Tax and Business Tax to Foreign-invested Enterprises" clearly stipulates that for foreign-invested enterprises approved to be established before 1993 1 February 31,the increased tax burden due to the change of VAT, consumption tax and business tax shall be applied by the enterprise and the local authorities. If the operating period is not specified, the overpaid tax shall be refunded within a period of not more than 5 years. This tax policy was implemented until the end of 1998.

Fourth, tariff preferences

China's "Customs Law" and "Regulations on Import and Export Tariffs" stipulate the general situation of tariff reduction and exemption. On this basis, the State Council has formulated corresponding specific preferential measures for tariff reduction and exemption. Among them, it is stipulated that foreign-invested enterprises can enjoy specific tariff reduction and exemption in the following aspects:

(1) Production equipment and building materials imported by foreign-invested enterprises as investment or additional investment;

(2) Raw materials, components and packaging materials imported by investment enterprises for the production of export products;

(3) Foreign-invested enterprises that have been approved by the provincial foreign trade department to purchase goods for export shall be exempted from tax, but not refunded; For a foreign-invested company established with the approval of the Ministry of Foreign Trade and Economic Cooperation, the goods produced by the enterprise can be exported on behalf of the enterprise it invests in, and the goods exported by the agent can be given tax refund. From 200 1 year 1 month 1 day, if a foreign-invested company established with the approval of MOFTEC purchases goods that are not subject to export quota or export license management within the approved business scope, and can provide relevant documents, it can apply for export tax rebate according to the current relevant provisions on export purchase by export enterprises.

(4) For foreign-invested projects in encouraged industries and advantageous industries in the western region, advanced technology and equipment for self-use are imported within the total investment, except for goods that are not exempted from tax as stipulated by the state, customs duties and import value-added tax are exempted.

In addition to the above provisions, the State Council has issued or approved other provisions on enterprise income tax reduction and exemption, and most of them continue to be implemented. In order to encourage foreign-invested enterprises to invest their funds in needed industries and projects, the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may, according to their actual conditions, exempt or reduce local income tax.

The above four preferential tax systems constitute the basic framework of China's preferential tax system for foreign-invested enterprises. From the perspective of taxes, China's preferential tax system consists of four parts: preferential income tax system for foreign-invested enterprises and foreign-invested enterprises, preferential tax refund system for reinvestment, preferential turnover tax system and preferential tariff system, and the four parts can be applied at the same time. Income tax preference is the core part of China's tax preference system, and the other three aspects are in a subsidiary position. In fact, the preferential tax system for reinvestment still belongs to the category of income tax. From the perspective of tax preference system, tax preference includes the income tax preference system established by the national central government and the local income tax preference system, forming a pattern that the central and local tax preference systems exist. In this pattern, the preferential tax system at the central level plays a leading role, and the local preferential tax system plays a certain supplementary role.

The structure of China's tax preference system basically reflects the guiding goal of tax preference. From the worldwide analysis, the preferential tax system is closely related to the industrial policy and regional economic development of the host country. Under normal circumstances, in order to realize the optimization of industrial policies and the unification of attracting foreign investment, the host country guides foreign investment to the industries and regions that the country urgently needs to develop through tax incentives. According to the needs of China's economic development, China's tax preferential system is mainly applicable to the following three aspects: first, energy, transportation, transportation and other infrastructure industries; Second, foreign-invested enterprises located in economic and technological development zones, special economic zones and other countries that need rapid development and economically backward areas. At the same time, China's preferential tax system is also applicable to foreign-invested enterprises with advanced technology.

Second, what are the conditions for the establishment of land port?

1, land port is located in the inland economic center city, in order to be closer to import and export enterprises;

2. land port is located at the intersection of railway and highway, in order to reduce the international transportation cost by taking advantage of the low railway freight rate and improve the efficiency of collecting and distributing ports by taking advantage of the convenient highway transportation; Tanlaoshi geography studio comprehensive arrangement

3. land port is a trading port opened to the outside world in accordance with relevant international transportation laws, treaties and practices, and it can only be called land port if it is directly integrated into the international transportation network (not counting indirectly). If it operates in accordance with relevant domestic laws and regulations, it is just a "storage yard" and a "transit station", which is the watershed and this is the symbol;

4. land port is a platform for accepting coastal ports to set up "inland port areas"; For example, Xi 'an Port of Tianjin Port, Xi 'an Port of Qingdao Port, Xi 'an Port of Lianyungang Port and Xi 'an Port of Shanghai Port can be set up in Xi 'an Land Port.

5. The purpose of establishing land port is to provide convenient and efficient international port services for importers and exporters in inland areas and promote the development of regional international trade;

The name is called land port. First, goods are transported on land, international goods are transported, loading and unloading are carried on land, and ports are built on land. Second, the name conforms to the requirements of international transportation practices; Third, it conforms to the naming sequence of international ports: seaport, airport and dry port, and the names are standardized and unified. Therefore, land port is more reasonable as a scientific name, and other names such as "Dry Port", "Dry Port" and "Dry Wharf" are more appropriate as aliases.

characteristic

1, located in inland waterless areas.

The biggest difference between land port and other ports is that land port is neither near the sea nor the inland river, and it is located in an inland waterless area. For example, the inland port of Shijiazhuang, located in Shijiazhuang Economic and Technological Development Zone, or the logistics base of Dalian Land Port, 20 kilometers away from Dayaowan Container Terminal of Dalian Port.

2. It is convenient to go through customs clearance procedures.

An important service function of land port is the presence of government agencies such as customs and inspection and quarantine departments, which can facilitate customs clearance procedures. Moreover, the customs declaration, customs clearance and customs clearance of import and export only need to be completed once at the dry port, that is, customs clearance once, and there is no need to carry out the work of "one customs clearance and three inspections" again at the coastal and border customs, which greatly enhances the efficiency of goods circulation, reduces the corresponding operating costs, and at the same time greatly enhances the status of dry ports in international trade, which is conducive to the continuous development and growth of land port.

3. It is an inland extension of the functions of coastal ports or border ports.

Land port's functions are basically the same as those of the port except that it has no function of loading and unloading ships in the port. It is an extension of the coastal port function in the inland. In land port, we can provide shippers with a series of services such as container unpacking, container distribution, storage and customs clearance.

4. It has convenient and fast transportation channels with coastal or border ports.

Land port generally has expressways or railways connected with coastal ports or border ports. Goods processed in land port can reach coastal ports or border ports and be transported overseas conveniently and quickly by highway or railway, and goods imported through coastal ports or border ports can also enter land port for distribution and processing by highway or railway. For most land port, having a railway line connected with coastal ports will give them a greater competitive advantage. Because it will be cheaper to transport the goods by rail than to transport the goods directly to the port by road. Therefore, general international dry ports have five container trains (fixed point, fixed route, fixed train number, fixed time and fixed freight rate) from dry ports to coastal ports.

function

Land port has developed very rapidly at home and abroad, mainly because land port has a great influence on the regional economy, which has strongly promoted the development of the regional economy.

1, promote the integration of logistics resources and logistics industry agglomeration.

The construction of land port is conducive to the integration of scattered logistics resources, so that logistics resources can be concentrated to play its synergistic effect. At the same time, the cohesive force of land port can attract all kinds of logistics enterprises to settle in land port, provide all kinds of logistics services for the society, and attract industrial and commercial enterprises to set up distribution centers, procurement centers, logistics centers and other branches in land port, so as to provide relevant services for themselves and their customers. Through the platform of land port, we can attract and gather all kinds of logistics resources, promote the effective integration of regional logistics resources, and provide integrated logistics services for customers. Through the integration and agglomeration of logistics resources, a large-scale logistics industry agglomeration will be formed to improve the development level of regional logistics industry, thus reducing the transaction cost of logistics services and improving the transaction efficiency of logistics services.

2. It is conducive to the maximization of efficiency and benefits.

As a new mode of transportation organization, dry port has obvious concentrated radiation function, which contains double advantages of efficiency and interests. In promoting the construction of comprehensive freight hub stations, the Ministry of Transport strongly supports the joint layout of various freight hub stations in ports, highways and railways, so as to promote the "seamless connection" of freight and improve the efficiency of freight. Dry ports play an important role in the optimization of inland container transportation process, which can not only greatly reduce the inventory of cargo owners' enterprises and reduce the occupation of circulating funds, but also reduce the circulation cost, thus ensuring the orderly operation of inland container logistics.

3, to achieve "one-stop" service

After the construction of "dry port", the goods in inland areas can realize one-stop customs declaration, inspection application, booking, collection and distribution, storage and transportation, packaging, distribution, etc., and realize the "seamless docking" between inland areas and coastal ports, so that the functions of transportation, loading and unloading and logistics services of coastal ports can be further extended to the hinterland of supply. Sea-rail combined transport connects coastal ports with inland provinces by railway, and the customs, inspection and quarantine points are moved forward, realizing "inland customs declaration, port transit", "one customs declaration, one inspection and one release", which not only greatly shortens the time for goods to be transported to sea, but also saves the cost of a number of containers because the container specifications of sea-rail combined transport are unified.

It is understood that the cost of using container trains to transport containers is about 50% less than that of using roads to transport containers. According to relevant statistics, through "dry ports" and regional customs clearance policies, the cost of shippers can generally be reduced by about 20%.

4. Promote the development of export-oriented economy in inland areas.

The development of international economy and trade in inland areas needs the support of convenient international logistics channels. At present, inland areas have many advantages in attracting investment, such as low land price and low cost of human resources, but because they are located inland, there are many procedures, long time and high logistics costs in the import and export of goods. Land port has enabled inland cities to have convenient international logistics channels, reduced transit links of import and export goods, accelerated customs clearance, provided convenient port and logistics integrated services for local international trade, and improved the opening level of inland cities.

At the same time, land port also helps inland cities to develop export-oriented economy. Some inland areas will attract many investors' attention when they have land port that goes directly abroad.

Three, what are the provisions of foreign loan project bidding?

1. Article 67 of the Law on Tendering and Bidding stipulates that if the lender and the fund provider have different provisions on the specific conditions and procedures of bidding and tendering for a project that uses loans or aid funds from international organizations or foreign governments, their provisions may be applied, except those that are contrary to the interests of the Chinese people and the Chinese society.

2. In general, the bidding of foreign loan projects should follow the current bidding laws and regulations of our country, and be implemented in accordance with the specific conditions and procedures of the lenders and fund providers for bidding and the regulations of the competent departments of various industries.

Four, the use of foreign loans for port project equipment procurement management measures

Chapter I General Provisions Article 1 Using foreign loans (loans from international financial organizations and foreign governments) to purchase equipment is an important link in port construction and an inseparable part of port construction project management. In order to strengthen and improve the management of the industry and institutionalize and standardize the procurement of equipment for port projects with foreign loans, these measures are formulated. Article 2 The scope of application of these Measures is mainly the equipment procurement in the implementation stage after the signing of the loan agreement for port projects with foreign loans. Bidding for hydraulic and civil engineering projects constructed with foreign loans shall be handled with reference to these measures. Chapter II Management of Procurement Article 3 The competent infrastructure department of our Ministry shall be responsible for the management of procurement during the implementation stage of port projects with foreign loans. Article 4 The foreign procurement of port projects shall be entrusted by the project unit (hereinafter referred to as the owner unit) to a qualified foreign trade company (hereinafter referred to as the purchasing company) with strong business ability and good service reputation according to the relevant provisions of the state and with the consent of the competent department of the Ministry of Communications. The owner must sign an entrustment agreement with the purchasing company before starting the project procurement. Article 5 The entrustment agreement shall specify the scope of entrustment, the division of responsibilities of both parties and their respective responsibilities and obligations. Article 6 The owner unit shall designate a procurement organization and a competent leader shall be fully responsible for the procurement work.

When purchasing each item (or each item) of equipment, the person in charge of the project shall be clearly designated. Article 7 The technical part (technical specification) of the tender documents shall be compiled by the employer. The commercial part of the bidding documents is entrusted to the purchasing company for preparation.

Before purchasing, the owner is required to submit the technical specifications and commercial terms of the bidding documents in quadruplicate in Chinese for submission to our department. According to the division of labor within the Ministry, it shall be reviewed by the relevant departments of the Ministry and reported to the National Import and Export Office of Mechanical and Electrical Products for approval.

According to the provisions of international financial organizations and foreign government lending institutions, they should also be reported to the audit.

The bidding documents after examination and approval can only be used for bidding and purchasing.

The English version of the tender documents sold to bidders must be consistent with the Chinese version of the tender documents that have been approved.

Before purchasing, the owner shall submit one Chinese and one English version of the approved bidding documents to the competent department of the Ministry for the record. Article 8 The bidder's bidding qualification examination is entrusted to the procurement company (including the preparation of qualification examination documents), and the owner participates in the relevant work. Article 9 The preparation of bidding advertisements (including pre-qualification notice before bidding), the handling of advertising business and the sale of bidding documents are entrusted to the purchasing company. Article 10 After the bid opening, in principle, the owner unit shall submit one copy of the bidder's bid documents to the competent department of the Ministry for the record. If the owner unit needs it, it can also submit a copy of the bid documents to the competent department of the Ministry together with the bid evaluation report at the end of the bid evaluation. Article 11 The bid evaluation shall be conducted jointly by the employer and the purchasing company.

The bid evaluation, technical clarification, text description and evaluation of the technical part in the bid evaluation report and form filling of the technical part are given priority to by the owner unit, and the purchasing company participates.

The bid evaluation, business clarification, text description and evaluation of the business part in the bid evaluation report and form filling of the business part are mainly conducted by the purchasing company, with the participation of the owner.

Daily work (including contact and negotiation with foreign lending institutions, foreign companies and domestic manufacturers) is entrusted to the purchasing company.

The bid evaluation report is compiled by the employer and the purchasing company.

Before the bid evaluation report is sent to the national jury, it shall be submitted to the competent department of the Ministry for examination and approval. Article 12 Contract negotiation shall be conducted jointly by the purchasing company and the employer.

The commercial part of the contract is mainly negotiated by the purchasing company, and the owner unit participates.

The technical part of the contract (including technical specifications) is mainly negotiated by the owner unit, and the purchasing company participates. Article 13 During the execution stage of the contract, the purchasing company is entrusted to handle daily business externally. Chapter III Compilation of Technical Specifications Article 14 The main contents of technical specifications include: equipment name, scope and quantity of supply, delivery date, delivery method, delivery place, receiving unit, main technical performance and parameters of equipment, detailed technical conditions and requirements in design, manufacture, installation, commissioning and acceptance, requirements in spare parts, requirements in design review, manufacturing supervision, factory inspection, training, technical drawings and materials, etc. Its content and depth vary depending on the type, complexity and procurement method of the equipment. The technical specifications of international competitive bidding should be detailed and specific, and have a certain depth, so avoid ambiguity. For non-bidding procurement projects, the technical specifications can be relatively brief. Article 15 The model, main technical performance, parameters and quantity of the equipment in the technical specifications shall meet the requirements of the preliminary design of the approved project. Article 16 The preparation of technical specifications should be based on the actual needs of engineering construction and use after production, taking into account both the international advanced level and the level and ability of domestic manufacturers. Article 17 The compilation of technical specifications shall be fair and reasonable. The scope of procurement should be clear. Words and words should be expressed accurately and the data should be correct.

The brand and manufacturer of the equipment cannot be specified in the technical specification, and generally there should be more than three competitors. Article 18 The technical specification shall give a comprehensive and detailed description of the purchased equipment from a technical point of view, and the technical conditions and requirements shall be clear and reasonable.