Notice on the implementation of the preferential income tax for venture capital Enterprises

Provinces, autonomous regions, municipalities and separately listed state tax Bureau, local tax Bureau:

To implement entrepreneurial http://www.aliyun.com/zixun/aggregation/11497.html "> Investment Enterprise Income Tax preferential policies to promote the development of venture capital enterprises, according to the People's Republic of China Enterprise Income Tax Law and the implementation of regulations, and so on, the venture capital enterprise income tax concessions related issues are notified as follows:

The venture capital enterprise refers to the "interim measures for the administration of venture capital Enterprises" (National Development and Reform Commission 10, 39th 2005, hereinafter referred to as "interim measures") and "foreign investment venture capital Enterprise management Regulations" (Ministry of Commerce, etc. 5 ministries and departments of the 2nd 2003) in the People's Republic of China set up in the territory of enterprises specializing in venture capital activities or other economic organizations. .

Second, venture capital enterprises to invest in the way of equity investment in unlisted small and medium-sized High-tech Enterprises 2 years (24 months) or more, where the following conditions are met, the amount of taxable income of the venture capital enterprise shall be deducted in accordance with the 70% of its investment in the medium and small-sized High-tech Enterprises and the year when the equity holder has been held for 2 years; The deduction may be carried forward in the subsequent tax year. .

(a) The scope of business is in accordance with the provisions of the interim measures, and business registration for the "Venture Capital limited Liability Company", "Venture Capital Co., Ltd." and other professional corporate venture capital enterprises. .

(ii) Complete the filing according to the conditions and procedures stipulated in the interim measures, the annual inspection and verification by the Record Management department, and the investment operation in accordance with the relevant provisions of the interim measures. .

(iii) Small and medium-sized High-tech enterprises invested by venture capital enterprises, in addition to the Ministry of Science and Technology, the Ministry of Finance, the State administration of taxation "on the issuance of High-tech enterprises to determine the management measures" ((2008)172) and "on the issuance of High-tech enterprise certification Management Guidelines" notice ( 2008)362, through the identification of High-tech enterprises, should also be in line with the number of workers not more than 500, the annual sales (operating) amount of not more than 200 million yuan, the total assets of not more than 200 million yuan of the conditions. .

By the end of 2007, the new High-tech enterprises qualified by the original provisions, and in 2008 to continue to meet the standards of High-tech Enterprises, the investment over 24 months of calculation, can be from the venture capital enterprises to invest in the actual time from the calculation. .

(iv) Other conditions stipulated by the Ministry of Finance and the State administration of taxation.

After the small and medium-sized Enterprises accept the venture capital, they shall calculate the investment period of the venture capital enterprise according to the standards of the High-tech enterprises. In this period, SMEs accept venture investment, enterprise size exceeds the standards of SMEs, but still meet the standards of High-tech enterprises, does not affect venture capital enterprises to enjoy the relevant tax concessions. .

If the venture capital enterprise applies for the investment deduction taxable income, it shall submit the following information to the competent tax authorities for the record before submitting the application for investment deduction for the annual tax return of taxable income:

(a) After the Record Management department verified the annual inspection certificate issued (a copy);

(b) A description of the investment operations of venture capital enterprises;

(c) A copy of the investment contract or articles of association of Small and Medium High-tech enterprises, the actual investment capital verification report and other related materials;

(iv) Description of the basic situation of medium and small-sized High-tech enterprises (including the number of employees, annual sales (business), total assets, etc.);

(e) Valid high-tech Enterprise Certificate (photocopy) of medium and small High-tech enterprises issued by the provincial, autonomous, municipal and listed High-tech enterprises. .

V. This notice has been implemented since January 1, 2008.
                                                                                                 State Administration of taxation
                                                                       & NBsp;                     April 30, 2009