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Wholly Foreign Owned Enterprises (WFOE)
A Wholly Foreign Owned Enterprise (WFOE) is a Limited Liability Company established in China by foreign investor(s). A WFOE is very much like a LLC in the USA that it requires one member only.
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The registration procedures of a Wholly Foreign Owned Enterprise (WFOE) could be divided into 3 phases: aproval phase, registration phase and post-establishment phase.
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A Wholly Foreign Owned Enterprise (WFOE) could be terminated by way of liquidation or deregistration by its investor(s) or when the conditions of termination in its Articles of Association occurs.
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China Taxation
Under the current tax system in China, there are 25 types of taxes which could be divided into 8 categories. The major ones are Business Tax, Value Added Tax and Enterprise Income Tax. More
Representative Offices are also liable for Business Tax and Enterprise Income Tax. However, a RO could be exempted if its parent company is in the manufacturing business.
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Any individual who has domicile in China or who has no domicile in China but has resided in China for one year or more shall pay Individual Income Tax on his world-wide income.
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CHINA CORPORATE INCOME TAX

INFORMATION OF GENERAL INTERESTS ON ENTERPRISE TAXES

Revenue Alloceation Between The Central Government And Local Governments

According to the rules of the State Council on revenue sharing system, the tax revenue in China may divided into Central tax revenue, local tax revenue and the tax revenue shared between the Central and local governments.

(1) Central tax revenue: domestic Consumption Tax; Customs Duties; VAT and Consumption Tax collected by the Customs on behalf.

(2) Local tax revenue: Individual Income Tax; City and Township Land Use Tax; Farmland Occupation Tax; Fixed Assets Investment Orientation Regulation Tax; Land Appreciation Tax; House Property Tax; Urban Real Estate Tax; Inheritance Tax (not yet legislated); Vehicle and Vessel Usage Tax; Vehicle and Vessel Usage License Plate Tax; Deed Tax; Slaughter Tax; Banquet Tax; Agriculture Tax and Animal Husbandry Tax and their local surtaxes.

Tax revenue shared between the Central and local governments:

a. Domestic VAT: 75% for Central Government and 25% for Local Governments;

b. Business Tax: the part consolidatedly paid by the railway department, the headquarters of various banks and the headquarters of various insurance companies, and the additional 3% Business Tax paid by financial and insurance enterprises Resource Tax belong to the Central Government; and the rest is assigned to the local governments;

c. Enterprise Income Tax: income tax paid by Central enterprises, income tax paid by local banks and non-bank financial institutions, and the part consolidatedly paid by the railway department, the headquarters of various banks and the headquarters of various insurance companies belong to the Central Government; and the rest for local governments;

d. Income Tax on enterprises with foreign investment and foreign enterprises: the income tax paid by foreign funded Banks belongs to the Central Government, and others for local governments;

e. Resource Tax: the part for the Central Government is the tax paid by offshore oil enterprises, and the rest is for the local governments;

f. City Maintenance and Construction Tax: the part consolidatedly paid by the railway department, the headquarters of various banks and the headquarters of various insurance companies belong to the Central Government; and the rest to the local governments;

g. Stamp Tax: 88% of the Stamp Tax revenue collected on stock transactions for the Central Government; the remaining 12% for the local governments; and

h. Security Exchange Tax (not yet legislated and levied).

Appendix 1: China's Current Tax System

China's Current Tax System

Category of Taxes Type of Taxes
Turnover Taxes VAT
Consumption Tax
Business Tax
Income Taxes Enterprise Income Tax
Income Tax on Enterprises With Foreign Investment and Foreign Enterprise
Individual Income Tax
Resource Taxes Resource Tax
Urban and Township Land Use Tax
Special Purpose Taxes City Maintenance and Construction Tax
Farmland Occupation Tax
Fixed Assets Investment Orientation Regulation Tax
Land Appreciation Tax
Property Taxes House Property Tax
City Real Estate Tax
Inheritance Tax
Behavioural Taxes Vehicle and Vessel Usage Tax
Vehicle and Vessel Usage Plate Tax
Stamp Tax
Deed Tax
Security Exchange Tax
Slaughter Tax
Banquet Tax
Agriculture Taxes Agriculture Tax
Animal Husbandry Tax
Customs Duties Customs Duties

Notes:

1. Slaughter Tax, Banquet Tax and Animal Husbandry Tax are now decentralised to the local governments for administration. Whether levying or not shall be at the discretion of the governments at provincial level for decision by taking into account the local conditions.

2. Inheritance Tax and Security Exchange Tax have not yet legislated to date.
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