国税函[1997]372号
颁布日期：19970619 　实施日期：19970619 　颁布单位：国家税务总局

　　GuoShuiHan [1997] No.372

　　June 19， 1997

　　The state and local tax bureaus of various provinces， autonomous¹ regions， municipalities directly under the Central Government and municipalities separately listed on the State plan：

　　It is enquired² whether interests of loan by the foreign banks which provide the loan to the financial institutions within the territory of China such as foreign-capital banks， the branches of the foreign banks， Chinese-foreign joint³ venture banks， foreign-capital financial companies and financial companies of Chinese-foreign joint venture （hereinafter referred to as foreign-capital financial institutions） is applied⁴ to the tax exemption⁵ stipulated⁶ in the 3rd Subparagraph of Paragraph 3 of Article 19 of the Income Tax Law of the People's Republic of China on the Enterprises with Foreign Investment and Foreign Enterprises （hereinafter referred to as Tax Law）。 Through study， it should be clarified as follows：

　　According to the Article 65 of Rules for the Implement⁷ of the Tax Law， the foreign-capital financial institutions do not belong to the state banks of China stipulated in the 3rd Subparagraph of Paragraph 3 of Article 19 of the Tax Law. Therefore， tax should be levied⁸ on the income from interest of loan according to the relevant provisions.