Administrative Measures for Calculation and Settlement of Enterprise Income Tax on Non-Resident Enterprises
On January 22, 2009, the State Administration of Taxation promulgated the Administrative Measures for Calculation and Settlement of Enterprise Income Tax on Non-Resident Enterprises (the "Measures"), effective retroactively January 1, 2008. The Measures require that any non-resident enterprise with institutions and establishments in China should follow the calculation and settlement procedure, as specified in the Measures, within five months after the end of the calendar year, no matter whether it makes profits or suffers from losses. However, a non-resident enterprise that has already settled its taxes in China when the relevant contracted projects or labor services were completed during the year, or has deregistered its registered establishments during the settlement period is not required to make such final settlement. The Measures also provide the procedural and documentation requirements with respect to the settlement and the legal consequences for failure to comply with such requirements.
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