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back to index backCHINAtalk April,  2005

Business tax certificates not required for technology transfer payments overseas

The SAT and State Administration of Foreign Exchange (SAFE”) jointly issued a circular (Guoshuifa [2005] No. 28) on 7 March 2005.

Guofa [2004] No. 16 abolished the requirement that administrative approval be obtained for a business tax exemption on technology transfers from foreign enterprises or individuals to China and replaced that requirement with a requirement regarding the administration of records.

In this regard, it is clarified in Circular 28 that as from 19 May 2004, it is no longer necessary to obtain a business tax exemption certificate issued by the local tax bureau in charge when an enterprise or individual in China purchases foreign currency from a local bank or uses its own foreign currency to settle a royalty payment overseas.

However, other tax certificates (including enterprise income tax or individual income tax certificates) issued by tax authorities (according to Huifa [1999] No. 372) are still required.

Source: Deloitte China - GAI

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