国家税务总局关于外商投资企业分支机构适用所得税税率问题的通知

国税发[1997]49号
颁布日期：19970409 　实施日期：19970409 　颁布单位：国家税务总局

　　GuoShuiFa [1997] No.49

　　April 9， 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：

　　Recently， the issues on how to determine the applicable income tax rate for the branches established in the area within the territory of our country where different rates of income tax exist by the enterprises with foreign investment under 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） have been enquired² for many times by the local taxation³ institutions. In accordance with Article 5 and Article 7 of Law of Income Tax and Article 71 of Rules for the Implementation⁴ of it， the above issues should be handled depending on the following situations：

　　I. The branches established in our country by the enterprises with foreign investment and undertaking⁵ the production， commodity trade and services are applied⁶ to the income tax rate of the local enterprises with the same trade. The headquarters of the foreign-funded enterprises should pay the income tax of the branches on a consolidated⁷ basis.

　　II. The profits of products by the enterprises with foreign investment which produce and sell the products in our country by their own is applied to the income tax rate of the local enterprises in the area where the products are produced， no matter whether the enterprises sell the products through the sales agent or not and no matter how the sales organizations square the account. The income tax should be calculated and paid on a consolidated basis by their headquarters.

　　III. The previous settlements opposite to this Circular can be adjusted according to the relevant provisions of this Circular from 1996.