颁布日期:20000822 实施日期:20000822 颁布单位:国家税务总局
GuoShuiHan [2000] No.656
August 22, 2000
State Taxation1 Bureau of Beijing:
Your Request for Instructions on Issues related to Levying2 Income Tax of Enterprises on Interest Income Generated by Foreign Banks from Chinese Banks (JingGuoShuiWai [2000] No.288) was received. Official reply is hereby given as follows:
1. Issues concerning the application for exempting4 interest generated by short-tem loans of foreign banks from interest tax
In accordance with Article 19 of the Income Tax Law of the People's Republic of China on Enterprises with Foreign Investment and Foreign Enterprises and relevant provisions hereof, interest gained by foreign banks from providing loans with preferential interest rate to state banks of China may not be exempted5 from business income tax unless application of exemption6 is approved by provincial7 taxation authorities. Therefore, application must be filed according to the provisions of tax laws in order to exempt3 interest generated by foreign banks from providing loans, no matter long-term loans or loans at call, to state banks of China. As for call loans, due to frequent repetition and in order to reduce workload8, you may, according to the specific business volume that each State Bank has, fix a time period and go through tax exemption procedure collectively and periodically.
2. Issues concerning taxation on interest generated from deposits of foreign banks in domestic banks of our country
Taxation on interest generated from deposits of foreign banks in domestic banks of our country shall be subject to the Interim9 Provisions of the Ministry10 of Finance on Reduction and Exemption of Income Tax on Interest Generated by Foreign Investors11 from China (CaiShuiZi [82] No.348).