China, People's Republic of
Generally, an enterprise is allowed to deduct reasonable expenditures that actually have been incurred and are related to the generation of income.
Depreciation of fixed assets
Fixed assets with useful lives of more than 12 months must be capitalised and depreciated in accordance with the CIT regulations. Generally, depreciation is calculated by the straight-line method. Production-nature biological assets, such as livestock held for breeding and commercial timber, also have to be capitalised and depreciated using the straight-line method.
Under the straight-line method, the cost of an item, less its residual value, is depreciated over the useful life of the asset. Residual value should be reasonably determined based on the nature and usage of the asset. The CIT law provides minimum useful lives for the following assets:
|Buildings and structures||20|
|Aircraft, trains, vessels, machinery, mechanisms, and other production equipment||10|
|Appliances, tools, and furniture etc. related to production and business operations||5|
|Means of transport other than aircraft, trains, and vessels||4|
|Production-nature biological assets in the nature of forestry||10|
|Production-nature biological assets in the nature of livestock||3|
Shorter tax depreciation life or accelerated depreciation is allowed for particular types of fixed assets (e.g. fixed assets that need to be replaced more frequently due to advancement of technology, fixed assets that suffer from constant vibration or severe corrosion).
New fixed assets acquired by companies engaging in manufacturing industries and new fixed assets and equipment acquired specifically for R&D purposes may be depreciated over a shorter period or under an accelerated depreciation method.
Where a shorter depreciation period method is applied, the minimum depreciation period cannot be less than 60% of the minimum depreciation period as prescribed in the CIT Law; where an accelerated depreciation method is applied, the double-declining-balance method or sum-of-years-digits method can be used.
The following capital expenditure may be expensed-off in one lump sum in the year of acquisition:
- Newly acquired instruments and equipment for the purpose of R&D activities by all enterprises, with unit value not exceeding CNY 1 million, and newly acquired instruments and equipment used in both R&D and operating activities by small-scale and thin-profit manufacturing enterprises, with unit value not exceeding CNY 1 million may be expensed in one lump sum for CIT.
- From 1 January 2018 to 31 December 2023, newly acquired fixed assets, other than real estate properties, with unit value not exceeding CNY 5 million may be expensed in one lump sum for CIT.
- Newly acquired fixed assets (excluding real estate properties) and intangible assets by enterprises in Hainan (from 2020 to 2024) and Hengqin with unit value not exceeding CNY 5 million may be expensed in one lump sum for CIT.
- From 1 January 2022 to 31 December 2022, newly acquired instruments and equipment with unit value exceeding CNY 5 million may be expensed in one lump sum for CIT in the year of acquisition if the minimum depreciation period is three years. 50% value may be expensed in the year of acquisition if the minimum depreciation period for such instruments and equipment is four years, five years, or ten years, and the remaining 50% shall be deducted in the remaining years according to the depreciation methods.
Amortisation of intangibles and goodwill
A deduction is allowed for amortisation of intangible assets, such as, but not limited to, patents, trademarks, copyrights, and land-use rights. Generally, intangible assets have to be amortised over a period of not less than ten years. For an intangible asset obtained through capital contribution or assignment, it can be amortised according to the useful life prescribed in the laws or agreed in the contracts, if any. However, acquired goodwill is not deductible until the invested enterprise is entirely transferred or liquidated.
Organisational and start-up expenses
Organisational and start-up expenses are tax deductible fully in the first year of operation.
Research and development (R&D) expense
From 1 January 2023, 200% of the eligible R&D expenses incurred by enterprises are tax-deductible. For R&D expenses that have formed intangible assets, the tax amortisation shall be based on 200% of the cost of the intangible assets.
From 1 January 2022, 200% of funds contributed by enterprises to non-profit scientific and technological R&D institutions, higher education institutions, or governmental natural science funds for basic research purposes are deductible.
Asset loss (including bad debt loss) may be deductible in the tax year during which such loss is incurred, provided that supporting documents are maintained for inspection by the in-charge tax bureau.
Interest on loans generally is tax-deductible. For interest expenses on borrowings from non-financial institutions by a non-financial institution, the portion that does not exceed the commercial rate is deductible. The tax deduction of interest paid to related parties is subject to the thin capitalisation rule under the CIT law (see the Group taxation section for more information).
Reserves and provisions
Provisions for asset impairment reserves (e.g. bad debt provisions) and risk reserves generally are not tax-deductible unless otherwise prescribed in the tax rules. Financial institutions and insurance companies may deduct certain provisions and reserves, subject to the caps specified in the relevant tax circulars.
The CIT law does not specifically address the deductibility of contingent liabilities. According to the general principle of the CIT law, contingent liabilities are liabilities that an enterprise has not actually incurred and thus shall not be tax-deductible.
Charitable donations are tax-deductible at up to 12% of the annual accounting profit, and any excess amount in the current year can be carried forward and deductible in the following three years. From 1 January 2019 to 31 December 2025, donation for poverty alleviation purpose to targeted poverty-stricken areas can be fully deducted. Non-charitable donations, as well as sponsorship expenditures that are non-advertising and non-charitable in nature, are not deductible.
Wages and staff welfare expenses
Reasonable wages and salaries of employees incurred by an enterprise are tax-deductible. Directors’ fees are also tax-deductible. As an incentive to encourage the hiring of handicapped people, 200% of the actual salary expenses paid to handicapped staff are deductible.
Basic social security contributions, including basic pension insurance, basic medical insurance, unemployment insurance, injury insurance, maternity insurance, and housing funds, that are made by an enterprise in accordance with the scope and criteria as prescribed by the state or provincial governments are deductible.
Commercial insurance premiums paid for investors or employees shall not be tax-deductible unless they are paid for safety insurance for workers conducting special types of work.
Staff welfare expenses, labour union fees, and staff education expenses are tax-deductible at up to 14%, 2%, and 8% of the total salary expenses, respectively.
Entertainment expenses are tax-deductible up to the lesser of 60% of the costs actually incurred and 0.5% of the sales or business income of that year. The excess amount must not be carried forward to and deducted in the following tax years.
Advertising expenses and business promotion expenses
Advertising expenses and business promotion expenses are deductible at up to 15% (30% for certain enterprises in the cosmetics, medicine, and beverage industries) of the sales (business) income of that year unless otherwise prescribed in the tax regulations. Any excess amount is allowed to be carried forward and deductible in the following tax years. Advertising expenses and business promotion expenses incurred by the tobacco industry are entirely not tax-deductible.
Fines and penalties
Fines, penalties, and losses arising from confiscation of property are not deductible for CIT purposes.
CIT payments and surcharges that are imposed on overdue taxes are not deductible for CIT purposes.
Net operating losses
Generally, tax losses can be carried forward for no longer than five years starting from the year subsequent to the year in which the loss was incurred. Loss carryback is not permitted.
Tax loss can be carried forward for ten years for enterprises in the following industries:
- High/new tech enterprises (HNTEs).
- Small and medium-sized technology enterprises (technological SMEs).
- Qualified integrated circuit production enterprises with a line-width less than 130 nanometres (inclusive).
From 1 January 2022 to 31 December 2026, tax loss can be carried forward for 13 years for HNTEs or technological SMEs registered in Nansha of Guangzhou, provided that the HNTE or technological SME is engaged in the high-tech key industries in the Catalogue for CIT Preferential Treatments of Nansha.
Payments to affiliates
Management fees for stewardship are not deductible, but services fees paid for genuine services provided by affiliates in China or overseas and charged at arm’s length should be deductible. Other payments to affiliates, such as royalties, are also tax-deductible, provided that the charges are at arm’s length.