财企[2003]181号
颁布日期:20030704 实施日期:20030704 颁布单位:财政部
CaiQi[2003] No.181
July 4, 2003
The departments (bureaus) of finance of provinces, autonomous1 regions, municipalities directly under the Central Government and municipalities separately listed on the State plan:
In order to meet the requirements of WTO, to promote the further development of the foreign invested enterprises, protect the long-term interests of all Chinese and foreign parties, the relevant matters on how to deal with the financial issues about the assessed increase and decrease overseas investment assets of foreign-funded enterprises are hereby notified as follows:
1. Where a foreign-funded enterprise makes overseas investments in kind or with intangible assets, the excess between the book value of the invested assets plus pertinent2 taxes payable3 (namely the initial investment costs, the same below) and the shares of rights and interests that the owner of the investing entity4 is entitled to enjoy shall be dealt with as the margin5 of stock right investment, which shall be counted into profit and loss through amortization6 in accordance with the relevant provisions. The margin between the initial investment costs and the shares of rights and interests that the owner of the investing entity is entitled to enjoy shall be dealt with as accumulation fund. The pertinent provisions in the Circular on Distributing the Supplementary7 Provision on the Foreign-funded Enterprises‘ Implementation8 of the New Enterprise Financial System [CaiGongZi(93)No.474] issued by this Ministry9 in 1993 shall not be implemented10 any longer.
2. As to a foreign-funded enterprise that counts the assessed increase and decrease of overseas investments in kind or intangible assets into profit or loss in accordance with Document CaiGongZi(93)No.474 issued by the Ministry of Finance, because the assessed increase and decrease of the assets will not cause flow of cash, the enterprise shall take this factor into full account when it allocates12 profits. For an enterprise that treats it as profit in light of the previous financial system, but fails to allocate11 it yet, it may use it as future annual makeup13 for loss or converse14 it into capital increase.