Directions for Examination and Approval of Deferred Tax Payment of Enterprises with Foreign Investment
2009.11.10

Directions for Examination and Approval of Deferred Tax Payment of Enterprises with Foreign Investment and Foreign Enterprises

   

No.: 1 

 1. Item name

 

Examination and approval of deferred tax payment of enterprises with foreign investment and foreign enterprises

 2. Certificate issued and its valid period

 

Certificate issued: document of approval

Valid period of the certificate: No

3. Type of examination and approval and the legal force

 

Type of examination and approval: examination and approval  

Legal force: Tax payment can be deferred upon examination and approval

 

4. Legal basis

 

Article 31 of the Law of the People’s Republic of China on Tax Administration (adopted at the 27th Session of the Standing Committee of the Seventh National People’s Congress on September 4th, 1992, and amended at the 21st Session of the Standing Committee of the Ninth National People’s Congress on April 28th, 2001) stipulates that “Taxpayers and withholding agents shall pay or hand over tax withheld to the tax authorities in accordance with the law or administrative regulations and within the time limit prescribed by the tax authorities in accordance with the law or administrative regulations. Should a taxpayer have particular difficulty paying tax within the prescribed time limit, he may be allowed to postpone the tax payment for a maximum of three months with the approval of the SAT local office or local tax bureau of a province, autonomous region and municipality directly under the State Council.”

 5. Conditions

 

 (1) A force majeure has inflicted major losses to a taxpayer, thus seriously affecting the normal production or business operation thereof;
(2) The current monetary fund after deductions from workers' wages and social insurance premium is insufficient to pay tax.

Legal basis: Article 41 of the Rules for the Implementation of the Law of the People's Republic of China on Tax Administration

6. Documentary requirements for application

 

 (1) A written report requesting for an extension of the time limit for tax payment     (2) A current balance sheet of the enterprise       (3) Information of the balance of the current monetary fund of the enterprise   (4) Other information about budgets on expenditure as required by the tax authorities.

Legal basis: Circular of Guangdong Provincial Office SAT on Relevant Issues Concerning Examination and Approval of Deferred Tax Payment of Enterprises with Foreign Investment and Foreign Enterprises (No. 442 [2004] Document of Guangdong Provincial Office SAT)

7. Authorities accepting the application and its address

 

Local tax bureaus in charge of national tax
Local tax bureaus in charge of national tax

 8. Approving authorities

 

Guangdong Provincial Office SAT

 9. Procedure

 

The applicant shall submit an application to the local tax bureau in charge of national tax within the prescribed time limit and, upon examination and approval by tax authorities at all levels, will be notified by the local tax bureau for getting a return receipt.

 10. Time limit

 

20 working days as of the day of acceptance of the application

 11. Charge

 

No

12. Application Form

 

Yes

13. Annual verification or survey

 

No

14. Authorities entertaining consultation and complaint and its telephone number

 

Consultation authorities: Administrative Section of Foreign Taxation of Foshan Municipal Office SAT

Tel: 0757-82963967

 15. Remarks