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A summary of tax and administrative fees reduction policies

1. For small-scale taxpayers for VAT

Type of Enterprise /Taxes
Small-scale Taxpayer
Quarterly sales volume> 300,000(100,000 a month)
Small-scale Taxpayer
Quarterly sales volume≤300,000 (100,000 a month)
Document No.
Added-value tax
--
Exempt
Finance and Tax (2019) Document No. 13
Urban construction tax
Reduce by half
Exempt
Finance and Tax (2019) Document No. 13
Local education surcharge
Reduce by half
Exempt
Finance and Tax (2019) Document No. 13
Water conservancy fund
--
Exempt
Finance and Tax (2019) Document No. 13
Land use tax
Reduce by half
Reduce by half
Finance and Tax (2019) Document No. 13
Building taxes
Reduce by half
Reduce by half
Finance and Tax (2019) Document No. 13
Stamp tax
Reduce by half
Reduce by half
Finance and Tax (2019) Document No. 13
Tax on land occupation
Reduce by half
Reduce by half
Finance and Tax (2019) Document No. 13

The implementation period of the above policies is from January 1, 2019 to December 31, 2021.

Taxpayers can choose the tax payment period, that is, apply for changing quarterly tax declaration to monthly tax declaration or monthly tax declaration to quarterly tax declaration.

2.For small meager-profit enterprises

Enterprise conditions (all available)
Engaged in industries not restricted or prohibited by the state
No more than 300 employees
Total assets not exceeding 50 million
Taxable profit amount not exceeding 3 million
Taxable profit amount
Reduction amount
Levy
Tax rate
Effective tax rate
Shortcut counting method
Less than 1 million
75%
25%
20%
5%
--
One million to three million yuan
50%
50%
20%
10%
After-tax salary *10%-50,000
More than 3 million
--
--
--
--
--

The implementation period of the above policies is from January 1, 2019 to December 31, 2021.

3. For general taxpayers

(1) Reducing VAT rate

Since April 1, 2019, where the general taxpayers of VAT incur VAT taxable transactions of selling or importing goods and the original applicable tax rate is 16%, the tax rate will be adjusted to 13%; where the original applicable tax rate is 10%, the tax rate will be adjusted to 9%; where the original applicable tax rate is 6%, the tax rate shall remain unchanged. The updated tax rates are shown in the table below:

General taxpayer
VAT items
Tax rate
Sale or import of goods (except for goods cited otherwise); sale of services
13%
Sale or import:
1. Grain and other agricultural products, edible vegetable oil, edible salt;
2. Tap water, heating, air conditioning, hot water, gas, liquefied petroleum gas, natural gas, dimethyl ether, biogas, and coal products for residents;
3. Books, newspapers, magazines, audio-visual products, electronic publications;
4. Feed, fertilizer, pesticide, agricultural machinery, agricultural film
5 Other goods stipulated by the State Council.
9%
Deduction rate of input tax on purchasing agricultural products
Deduction rate
Where the general taxpayers of VAT purchase agricultural products and the original applicable deduction rate is 10%, the deduction rate will be adjusted to 9%.
9%
Where the general taxpayers of VAT purchase agricultural products used for production or commissioned processing at a rate of 13%, the tax amount is calculated according to the 10% of deduction rate.
10%
Items replacing business tax with value-added tax
Tax rate
Traffic services: Land transport services, water transport services, air transport services (including space transport services) and pipeline services, and transport services have no means of transport
9%
Postal services: Universal postal service, special postal service and other postal services
9%
Telecommunication services: Basic telecommunication service
9%
Value-added telecommunication services
6%
Construction services: Engineering service, installation service, repair service, decoration service and other construction services
9%
Sale of real estate: Transfer of ownership of real estate such as buildings and structures
9%
Financial services: Loan service, direct charge financial service, insurance service and transfer of financial goods
6%
Modern services: R&D and technical service, information technology service, cultural and creative service, logistics support service, certification consulting service, radio, film and television service, business support service, other modern service
6%
Leasing of tangible personal property
13%
Leasing of real estate
9%
Service for life: Cultural and sports service, educational and medical service, tourism and entertainment service, catering and accommodation service, daily service for residents, other life services
6%
Sale of intangible assets: Transfer of the right to use or ownership of technology, trademarks, copyright, goodwill, natural resources and other equity intangible assets
6%
Transfer of land use right
9%

• If a VAT invoice has been issued by a taxpayer before April 1 at a tax rate of 16% or 10%, and a red-letter invoice is required in case of sales discount, suspension or refund after April 1, it shall be issued at the original applicable tax rate. If the invoice is incorrect and needs to be reissued, the red invoice shall be issued first at the original applicable tax rate, and then the correct blue invoice shall be re-issued.

• Taxpayers who fail to issue VAT invoices for VAT taxable sales behavior before April 1 shall also make up VAT invoices at the original applicable tax rates if they need to make up VAT invoices.

(2) Expanding input tax credits

1) Incorporating passenger transport services into deductions

From April 1, the input tax on purchasing passenger transport services will be allowed to be deducted from the substituted money on VAT.

It should be noted that when taxpayers purchase passenger transportation services and obtain special VAT invoices or electronic ordinary VAT invoices, the amount of tax indicated on the invoice is deducted. Moreover, for other credentials that can be used for deduction are limited to itinerary of e-ticket for air transport, railway tickets, road or waterway tickets with passenger identity information, the deductible input tax shall be calculated according to the relevant denomination and tax rate of the tax-bearing ticket.

The specific formula for calculating the input tax is as follows:

Input tax of air transport= (air fare + fuel surcharge) /(1+9%)*9%

Input tax of railway passenger transport= face amount/(1+9%)*9%

Input tax of highway, waterway and other passenger transport= face amount/(1+3%)*3%

It is suggested that enterprises should sort out this kind of invoices separately from other reimbursement invoices for input tax statistics.

2) Cancellation of installment deduction of real estate input tax

From April 1, 2019, the real estate input tax can be deducted in full at one time.

3) 10% input tax extra deduction policy

From April 1, 2019 to December 31, 2021, taxpayers of production and living service industries are allowed to add 10% of input tax that can be deducted in the current period to offset the tax payable of VAT. (that is called to “extra deduction policy”) “Taxpayers of production and living service industries” who are subject to the extra deduction policy refer to taxpayers whose sales obtained from postal services, telecommunications services, modern services and living services account for more than 50% of the total sales.

It should be noted that the extra deduction policy is not applicable to taxpayers exporting labor and goods and their occurrence of cross-border taxable behavior, and the corresponding input tax cannot be calculated for the extra deductible amount. Where taxpayers are unable to divide the input tax which cannot be calculated for the extra deductible amount, the following formula will be used to calculate the input tax of extra deductible amount:

Total input tax that cannot be divided in the current period * Sales of current export goods or services and cross-border taxable activities/total sales for the current period

Based on the info we got now, the representative office of a foreign enterprise in Shanghai is an general taxpayer, the 10% input tax extra deduction policy will also be applicable to them. If there is any change we will inform at once.

Taxpayers who are applicable to extra deduction policy should submit the Declaration on the Applicable Extra Deduction Policy through the Internet office when they confirm the applicable extra deduction policy for the first time in the year, otherwise the extra deduction cannot be realized. It should be noted that whether it will continue to apply in the following years shall be determined based on the previous year’s sales volume. That is to say, whether it will continue to apply in 2020 and 2021 should be determined according to its annual sales in 2019 and 2020 respectively. If meeting the requirements, it is necessary to submit the Declaration on the Applicable Extra Deduction Policy again.

(3) The trial implementation of tax retention and refund system at the end of the period

From April 1st, 2019, the tax retention and refund system at the end of the VAT period will be implemented tribally, and the taxable amount of taxpayers who meet the conditions after the implementation of the policy will be refunded according to relevant regulations.

Tax refunds are available for the following conditions:

• The incremental tax amount is greater than zero for six consecutive months (tax paid quarterly for two consecutive quarters) from the period of the tax payment in April 2019, and the incremental tax credit is not less than 500,000 yuan in the sixth month; "Incremental tax credit" refers to the newly added end-of-term tax amount for retention and refund compared with that at the end of March 2019;

• The tax credit rating is Grade A or Grade B;

• Not punished by the tax authorities twice and more for tax evasion within 36 months before applying for tax refund;

• Have no the case of fraudulent tax retention and refund, export tax rebate or false value-added tax invoice filling within 36 months before applying for tax refund;

• Have not enjoyed the policy of refund upon levied or refund after levied from April , 2019. (For example, the company of diamond exchange is not eligible for enjoying the tax refund system as it has enjoying the refund upon levied policy)

(4) Adjustment of export tax rebate rate and other rates

From April 1st, 2019, the export tax rebate rate was adjusted to 13% for the export goods with the original 16% tax rate and 16% export tax rebate rate; that to 9% for the export goods with the original 10% tax rate and 10% export tax rebate rate.

For the export transactions before June 30, 2019, a transitional arrangement is given as follows:

• The company that adopts the VAT exemption and refund method (such as foreign trade enterprises), if the value-added tax has been levied at the rate of 16% or 10% at the time of purchase, will follow the export tax rebate rate before the adjustment; the company whose value-added tax has been levied at the rate of 13% or 9% at the time of purchase, will follow the export tax rebate rate of 13% or 9%;

• The company that adopts the VAT exemption and refund method (such as production enterprises), will follow the export tax rebate rate before the adjustment (i.e. 16% or 10%); when calculating the tax exemption and refund, if the applicable tax rate is lower than the export tax rebate rate, the difference between the applicable tax rate and the export tax rebate rate is regarded as zero for calculation of tax exemption and refund.

(5) Education fee surcharge reduction policy

General taxpayers with monthly sales less than or equal to 100,000 are exempt from education surcharges and local education surcharges.

(6) General taxpayers can be transferred to small-scale taxpayers

A general taxpayer who has accumulated sales of less than 5 million yuan for 12 consecutive months (one month for one tax period) or four consecutive quarters (one quarter for one tax period) before transfer, can selectively enter the registration for becoming a small-scale taxpayer before December 31,2019.

It should note specially that the taxpayer who chooses the registration of mode transform in 2019 must not be transferred into a small-scale taxpayer after it is registered as a general taxpayer once again.

Why do many foreign invested enterprises look for outside accounting services?

These services are strongly related to the inherent consensus of these foreign enterprises; the representing company hopes to engage specialized personnel while being the third party to manage financial data in a just manner. As of this year, domestic small- and medium sized enterprises have started to adopt this realization, causing the outsourcing of financial affairs to increase in the past few consecutive years.

After 10 years of experience in Financial and Tax related services we believe the arguments to outsource financial matters are the following:

Specialization: After all, financial companies are equitable and specialized in matters such as managing financial data.

Honesty: The financial company acts as the third party and can therefore handle the financial data in a fair and individual manner, hence evade conflicting benefits and interests amongst stockholders

Stability: When the mobility of a company’s financial affairs is comparatively large, this may affect the stability of the enterprise. The financial company can consider the clients financial mobility and integrate suitable and stable procedures to minimize the influence towards the enterprise.

Costs: The average costs of outsourcing financial management are far less than the costs for a company to engage in its own financial matters. Meanwhile, because the representing company has got a solid network of community relations, the customer’s business operation costs will therefore be reduced greatly.

Which items are generally handled through outsourced accounting services?

Outsourcing enterprises’ most important goal is to accomplish specialized results and comfort for the company itself. Therefore the representing company can take care of fundamental responsibilities like handling items such as daily communications and communication with tax departments. Main service items include:

The examination and verification of invoices, establishment certificates, financial reports, tax declaration forms etcetera.

Supervision and handling of tax refunds, general VAT payer applications, and handling other tax business needing special procedures.

Audit of annual reports and foreign exchange, professional annual examination, annual tax calculations etcetera.

Auditing of clients’ capital, audit of contractual costs, legal services. (by our own Law department).

Representative Office Tax Introduction

1. The legal base for rep. office’s tax collection

The Interim Measures for Tax Administration for the Resident Representative Offices of Foreign Enterprises. Enclosed please find the detailed regulation.

2. With regard to taxable office

Rep. office must pay tax based on the expense. And the tax bureau has the fixed formula to calculate the VAT and income tax for the rep. office. It's about 8.33% of the total expense of Rep. Office. Total expense shall include: Wages, remuneration, bonus, allowance, welfare package, expenses for procurement (including the fixed assets, i.e. auto and office equipment), communication fee, travelling expense, rental, traffic expense, business entertainment and the miscellaneous expenses. Rep. Office’s tax should be declared every three months. 。


The formula details:

Total revenue: total expense / 0.85

VAT: total revenue*3% (VAT rate)

Profit: total revenue*15%

Income tax: profit*25% (IT rate)

Additional Tax: VAT*11% (Construction Tax rate: 7%; Educational surcharge: 3%; Local educational surcharge: 1%)


One example:

If the expenses is 100, the tax will be as follow:

VAT: 100/0.85*3%=3.53

Income tax: 100/0.85*15%*25%=4.41

Additional tax: 3.53*11%=0.39

Total tax: 8.33


Stamp duty tax:

Stamp duty tax can be declared once half year or once a year.

The tax rate is different based on different contract.

Rental contract: 0.1% of total rental amount

Sales contract &service contract: 0.03% of total contract amount


Remarks:

A. Compared to company, rep. office has special policy for accounting. There is no fixed assets, accounting receivable, accounting payable in the accounting.

B. If the revenue is over than 5 million RMB for continuous 12 months, the rep office will be the general tax payer and the VAT rate will be 6%.

C. As a new registered rep. office, tax verification is required to do in the tax authority. And if tax is not declared in time, late fee and penalty will need be paid. Late fee is 0.05% of the tax amount per day. Penalty will be based on the different case.

Major difference of management accounting, financial management and cost accounting and their focuses?

(1)As a major branch of accounting, management accounting is also a component of accounting information system as management accounting. The object of management accounting is cash flow, therefore it shall focus on the information about cash flow instead of the cash flow itself and the basic content of management accounting shall be to provide planning and decision-making relevant information, control performance evaluation information. Financial management shall focus on the cash flow itself instead of the information about cash flow, and its basic content shall be to financing arrangement, investment arrangement and profit distribution arrangement, etc.

(2)Management accounting focuses on providing information for management decision in order to maximize profit; cost accounting focuses on providing information for management control in order to minimize profit. Management accounting is based on the cost behavior analysis, disclosing relations between different costs and revenues. Therefore, the essential of the decision making and control in management accounting is the relation between cost and revenue, not the cost alone. In the whole management accounting decisions, marginal income equaling to marginal cost is the basis to form different decision-making styles, while the pursuance of the difference between total income and total cost, namely the maximum profit, is the target that various decision makings and controls strive to achieve.

Advantages and disadvantages of the application of ERP in financial management?

As a modern enterprise management ideology and methodology, ERP aims at improving the enterprise’s management level and productivity. ERP in China has a more extensive application in the context of enterprise’s financial activities than in other contests and is relatively mature. In what follows, the author will expound the application of ERP in enterprise financial management and its advantages and disadvantages.

Financial management in ERP

The application of ERP in financial management is mainly based on financial accounting information, collecting and classifying data according to the requirements of financial management in order to make financial forecast, analysis and decision making. The ERP system mainly consists of the following sub-modules:

Report analysis sub-module: Thanks to the high integration of the ERP system, it provides fairly powerful functions for the report analysis that is often made in financial management. The report analysis sub-system of ERP that enterprises adopts includes report analysis that can be used for both the management and non-management levels, and allows personnel of different functions to make search as long as the corresponding access privileges and ranks of personnel are set. This sub-module is mainly integrated with sub-modules for general ledger, cost and expense, etc.

Budget management sub-module: The annual budget issued from a superior company and the department budget issued from a subordinate company after breaking down of the budget from the superior company will go to the ERP budget management sub-module. Through this sub-module, budget pre-warning, warning and rejection can be made thereby facilitating the company paying actual attention to budget, taking practical measures to reduce cost and expense and improving economic benefit. To be sure, budgets issued might not be all unreasonable. If some budget does require change, you can adjust it with the approval of the department concerned. The major function of this sub-module is collecting and managing budgets according to departments where cost belongs. Through the ERP system, all management levels can know the implementation of the budget in time and provide decision basis for the in-time budget adjustment and revision.

Fund management sub-module: This sub-module is mainly for the management over revenue and expenditure. It can be used by a subordinate company to apply for project fund according to specific project construction and purchase contract, and apply for working capital according to monthly budget plan from the finical budget system. It can also be used by the superior financial department to allocate fund based on the approved fund application and to receive funds in the receivables account of the subordinate company. Direct itemizing of different accounting entries by the superior department in the accounting relevant modules of the ERP system largely expedites the examination and approval and allocation of fund thereby reducing errors in current accounts. This sub-module is mainly integrated with sub-modules for receivables and payables, budget management, cash in hand and cash in bank, etc.

Application advantages

The application of ERP in financial management has the following advantages:

As a modern enterprise management ideology and methodology, ERP aims at improving the enterprise’s management level and productivity. ERP in China has a more extensive application in the context of enterprise’s financial activities than in other contests and is relatively mature. In what follows, the author will expound the application of ERP in enterprise financial management and its advantages and disadvantages.

Financial management in ERP

The application of ERP in financial management is mainly based on financial accounting information, collecting and classifying data according to the requirements of financial management in order to make financial forecast, analysis and decision making. The ERP system mainly consists of the following sub-modules:

Report analysis sub-module: Thanks to the high integration of the ERP system, it provides fairly powerful functions for the report analysis that is often made in financial management. The report analysis sub-system of ERP that enterprises adopts includes report analysis that can be used for both the management and non-management levels, and allows personnel of different functions to make search as long as the corresponding access privileges and ranks of personnel are set. This sub-module is mainly integrated with sub-modules for general ledger, cost and expense, etc.

Budget management sub-module: The annual budget issued from a superior company and the department budget issued from a subordinate company after breaking down of the budget from the superior company will go to the ERP budget management sub-module. Through this sub-module, budget pre-warning, warning and rejection can be made thereby facilitating the company paying actual attention to budget, taking practical measures to reduce cost and expense and improving economic benefit. To be sure, budgets issued might not be all unreasonable. If some budget does require change, you can adjust it with the approval of the department concerned. The major function of this sub-module is collecting and managing budgets according to departments where cost belongs. Through the ERP system, all management levels can know the implementation of the budget in time and provide decision basis for the in-time budget adjustment and revision.

Fund management sub-module: This sub-module is mainly for the management over revenue and expenditure. It can be used by a subordinate company to apply for project fund according to specific project construction and purchase contract, and apply for working capital according to monthly budget plan from the finical budget system. It can also be used by the superior financial department to allocate fund based on the approved fund application and to receive funds in the receivables account of the subordinate company. Direct itemizing of different accounting entries by the superior department in the accounting relevant modules of the ERP system largely expedites the examination and approval and allocation of fund thereby reducing errors in current accounts. This sub-module is mainly integrated with sub-modules for receivables and payables, budget management, cash in hand and cash in bank, etc.

Application advantages

The application of ERP in financial management has the following advantages:

Clearer current accounts and correspondence between accounting items: Thanks to the high integration and strict correspondence of the ERP system, all of the correspondence between items can be made straightforward and current accounts are more accurate, compared to other financial software and manual accounting management.

Forward looking: The high integration and organic combination of individual sub-systems of the ERP and the integrated financial accounting, management accounting, cost accounting and budget functions in the financial accounting system, the deficiency that information was only local, one-side and even incorrect doesn’t exist any more. With the ERP system, one can largely advance financial analysis and forecast based on the available information, which makes such analysis and forecast become forward-looking.

Timely availability of information: The organic combination of ERP with individual sub-systems and the high integration provide very easy search functions, enabling individual management level to search for the information needed according to his access privilege in time. Besides, such information is all-sided, needs no further processing and reflects the actual situation of the enterprise at the time of search, therefore is most useful for decision-makers on different levels.

Application disadvantages

verything has its two sides. Advantages are necessarily coexistent with disadvantages.

The application disadvantages of ERP in financial management can be found ih the following aspects:

Less flexible man-machine interaction: Due to the high integration of the ERP system, it appears inflexible in terms of man-machine interaction. For instance, you have to open windows one by in sequence. If one system is closed inadvertently, you cannot execute all the subsequent operations. This is rather different from our usual operating systems such as WORD, EXCEL, etc. that your closing of the preceding operations will not influence subsequent operations.

High system maintenance cost: An ERP system is generally maintained from the top down and maintenance personnel at the bottom have no way to thoroughly understand the ERP process and its key control points. Besides, since the system is developed by an external enterprise, should any problem occur, people will have to report level on level, which takes a long period of time and costs high. All this will influence the working efficiency of the enterprise.

More time spent on error finding: In spite that ERP has features like high integration, has relatively clear correspondence between accounting items, should any point in an accounting be in error in the course of accounting and such error be overlooked when double-checking by finance people, the subsequent checking will become much more complicated and take much longer time.

It hasn’t been long for the application of ERP in China. The perfection of ERP systems needs more experience accumulation and practices from successful enterprises. Only in doing so, can we overcome and improve the deficiency with ERP projects, thus create a more promising future for the extensive application of ERP systems in enterprise financial management.

What is forensic accounting?

orensic accounting is an emerging industry where specific accountants use accounting knowledge, financial knowledge, audit and investigation techniques to give expert opinions about legal issues over an economic dispute and to make their opinions as legal appraisal or evidence at a court trial. It is an emerging subject and forensic accountants constitute the main body of it.

Influence of forensic accounting on traditional accounting

The essential of market economy is the legal economy. The establishment of China’s socialist market economy system poses challenges and also offers opportunities to accounting.

Higher requirements for accountants. As a new complex subject, forensic accounting demands high-level talents. To be in line with the social development, it’s required that colleges and universities educate a large range of forensic accountants that can meet the needs of the era. Forensic accounting requires that qualified personnel should furnish themselves with the following quality: (a) Have a good command of accounting, be familiar with relevant laws. As a complex accounting subject, forensic accounting requires that forensic accountants have multi-disciplinary knowledge in order to better understand the relations between financial statements and the problem at issue. (b) Lofty career ethic. Non-disclosure and self-discipline are the highest career ethic criterion. A majority of problems to be settled by forensic accountants will get involved in relevant business secrets or secrets of law enforcement. Therefore, forensic accounts are liable for the principal and can only submit the auditor’s report about a particular issue to the principal. Within the secret period provided according to law, forensic accountants are not allowed to disclose relevant data to any organization or individual. (c) Independence and commitments. These are also the representation of the overall quality of practitioners. Independence has close ties with non-disclosure. For the purpose of keeping secret, practitioners are neither allowed to discuss with others issues associated with the current work, nor to discuss with other practitioners who work on the same issue. This can avoid that practitioners are influenced by one another due to their difference in personal qualifications, language competence and personality power, and thus influence the objectiveness, independence and fairness of the results evidenced.

2.t provides legal basis for the settlement of complicated, special economic problems. In the course of national legal system construction, China encountered numerous legal issues which failed to be perfectly settled due to the lack of theoretic guidance to practice. For instance, in the embezzlement case of Qiong Minyuan, although criminal punishment and administrative punishment had been made to relevant persons in charge, the determination of the negligence liability of the people related in the civil lawsuit was also lack of relevant evidence. The emergence of forensic accounting can help make up this deficiency, ideally settle the problem and provide legal evidence for the settlement of such a problem.

This is also one service we can offer.

Analysis of New Individual Income Tax Policy

I. Regarding resident taxpayers and non-resident taxpayers

Related clauses of the Individual Income Tax Law of the People's Republic of China

An individual who has a domicile in China or has no domicile but has lived in China for at least a total of 183 days in a tax year is a resident. Residents with income earned inside and outside China shall pay individual income tax in accordance with the provisions herein.

An individual who has no domicile in China and also does not live in China, or has no domicile and has lived in China for less than 183 days in a tax year is a non-resident. Non-residents with income earned inside China shall pay individual income tax in accordance with the provisions herein.

Related clauses of the implementing regulations of the Individual Income Tax Law of the People's Republic of China According to the Individual Income Tax Law, a domicile in China refers to the habitual residence in China due to the household registration, family and economic interests. The income earned inside and outside China refers to the income derived from China and income derived from outside China respectively.

After bringing its filings to chief tax authority, individuals who do not have a domicile in China and have lived in China for a total of 183 days every year with its continuous years less than six shall be exempted from paying individual income tax for the income from China and paid by the overseas company or individual; if a single overseas trip over 30 days is happened in any year when the individual has lived in China for at least 183 days, continuous years with a year of living in China for at least 183 days shall begin to run anew.

Individuals who do not have a domicile in China and have lived in China less than 90 days in a tax year shall be exempted from paying individual income tax for the income from China and paid by the foreign employer, not including the part paid by its institutions or sites in China.

Analysis :

1. Take 183 days as the time node for distinguishing resident taxpayers from non-resident taxpayers.

2. If foreigners reside in China:

Time of residence is no more than 90 days: the individual with income earned inside China shall pay individual income tax when it is paid inside China.

Time of residence is more than 90 days and less than 183 days: the individual with income earned inside China shall pay individual income tax whenever it is paid inside China or outside China.

Time of residence is more than or equal to 183 days and less than 6 years: after bringing its filings to chief tax authority, the individual shall be exempted from paying individual income tax for the income earned only outside China and paid overseas.

Time of residence is no less than 6 years: all income is subject to individual income tax.

Note: if a single overseas trip over 30 days is happened in any year when the individual has lived in China for at least 183 days, continuous years with a year of living in China for at least 183 days shall begin to run anew. It is recommended that qualified foreigners can leave China for 30 days in 2019 (one-time stay outside China for more than 30 days, excluding the entry and exit date) to avoid being traced back to the past time of residence in China.

II. Regarding the identification numbers of taxpayers

Related clauses of the Individual Income Tax Law of the People's Republic of China

If the taxpayer owns his ID number of Chinese citizenship, it is the taxpayer identification number; if the taxpayer does not have a Chinese citizenship number, the tax authority shall assign a taxpayer identification number to the taxpayer without an ID number of Chinese citizenship. When the withholding agent withholds the tax, the taxpayer shall provide the withholding agent with the taxpayer identification number.

Analysis :

Foreign individuals are required to submit valid identification information to the tax authority to obtain a unique taxpayer identification number and use this identification code as the only code to pay the individual income tax in China.

III. Analysis of new withholding procedures

1. When the withholding agent pays the wages and salaries to the resident, the withholding tax shall be calculated according to the cumulative withholding method and the withholding declaration for all the taxpayers and in full amount shall be filed on a monthly basis.

(Applicable for withholding and prepayment of individual wages and salaries)

Grade
Accumulated taxable income of withholding and prepayment
Withholding rate (%)
Quick deduction
1
Part no more than 36,000 yuan
3
0
2
Part between 36,000 yuan and 144,000 yuan
10
2520
3
Part between 144,000 yuan and 300,000 yuan
20
16920
4
Part between 300,000 yuan and 420,000 yuan
25
31920
5
Part between 420,000 yuan and 660,000 yuan
30
52920
6
Part between 660,000 yuan and 960,000 yuan
35
85920
7
Part more than 960,000 yuan
45
181920

For example:

Wang’s salary is 30,000 yuan in January. In absence of any special additional deductions, tax of withholding and prepayment is as follows:

(30000-5000)×3%=750

Wang’s salary is 50,000 yuan in February. In absence of any special additional deductions, tax of withholding and prepayment is as follows:

[(30000+50000)-(5000+5000)]×10%-2520-750=3730

Wang’s salary is 80,000 yuan in March. In absence of any special additional deductions, tax of withholding and prepayment is as follows:

[(30000+50000+80000)-(5000+5000+5000)]×20%-16920-750-3730=7600

And so forth

Among them: the cumulative deduction for expenses is calculated by 5,000 yuan per month multiplied by the number of months of employment of the taxpayer as of this month in the current year. That is to say, if the taxpayer enters the post in May, when the withholding agent pays the withholding tax of the salaries in May, the deduction for expenses is calculated at 5,000 yuan. When the withholding agent pays the withholding tax of the salaries in June, the deduction for expenses is calculated at 10,000 yuan. And so forth.

The above applies to the taxpayer's job replacement.

2. The withholding agent pays income from labor services, contribution fees, royalties to the resident and withholds and prepays individual income tax on a time or monthly basis.

Earnings from labor services, contribution fees and royalties subtracting the expenses is the amount of income. Among them, the amount of earnings from contribution fees is calculated at 70%.

Deduction for expenses: If the earnings from labor services, contribution fees and royalties is no more than 4,000 yuan each time, the deduction for expenses shall be calculated at 800 yuan. For each earning of more than 4,000 yuan, the deduction for expenses shall be calculated at 20%.

(Applicable for withholding and prepayment of earnings from labor services)

Grade
Taxable income of withholding and prepayment
Withholding rate (%)
Quick deductio
1
Part no more than 20,000 yuan
20
0
2
Part between 20,000 yuan and 50,000 yuan
30
2000
3
Part more than 50,000 yuan
40
7000

For example:

In January, Wang obtained 1,000 yuan of income from labor services paid by Company A, 1,200 yuan of contribution fees paid by Company B and 1,500 yuan of royalties paid by Company C. The withholding tax is as follows:

Company A: (1000-800) ×20%=40

Company B: (1200-800) ×70%×20%=56

Company C: (1500-800) ×20%=140

In February, Wang obtained 8,000 yuan of income from labor services paid by Company A, 20,000 yuan of contribution fees paid by Company B and 80,000 yuan of royalties paid by Company C. The withholding tax is as follows:

Company A: (8000-8000×20%) ×20%=1280

Company B: (20000-20000×20%) ×70%×20%=2240

Company C: (80000-80000*20%) ×20%=12800

In March, Wang obtained 40,000 yuan of income from labor services paid by Company A. The withholding tax is as follows:

Company A: (40000-40000×20%)×30%-2000=7600

3. Withholding method for non-resident

Non-resident’s wages and salaries subtracting 5,000 yuan is the taxable income. The earnings from labor services, contribution fees and royalties each time are taxable income. Among them, earnings from labor services, contribution fees and royalties subtracting 20% of the expenses is the amount of income. The amount of earnings from contribution fees is calculated at 70%.

(Applicable for individual wages and salaries and earnings from labor services, contribution fees and royalties of non-resident)

Grade
Taxable income
Tax rate (%)
Quick deduction
1
Part no more than 3,000 yuan
3
0
2
Part between 3,000 yuan and 12,000 yuan
10
210
3
Part between 12,000 yuan and 25,000 yuan
20
1410
4
Part between 25,000 yuan and 35,000 yuan
25
2660
5
Part between 35,000 yuan and 55,000 yuan
30
4410
6
Part between 55,000 yuan and 80,000 yuan
35
7160
7
Part more than 80,000 yuan
45
15160

Jack’s salary is 30,000 yuan paid by Company A in May. In absence of any special additional deductions, the withholding tax is as follows:

(30000-5000)×20%-1410=3590

Mary’s income from labor services is 30,000 yuan paid by Company B in July. In absence of any special additional deductions, the withholding tax is as follows:

(30000-30000×20%)×20%-1410=3390

Peter’s contribution fees are 30,000 yuan paid by Company C in September. In absence of any special additional deductions, the tax withholding is as follows:

(30000-30000×20%)×70%×20%-1410=1950

4. Withholding method for business income

The total amount of business income in a tax year subtracting costs, expenses and losses is the taxable income.

(Applicable to business income)

Grade
Annual taxable income
Tax rate(%)
Quick deduction
1
Part no more than 30,000 yuan
5
0
2
Part between 30,000 yuan and 90,000 yuan
10
1500
3
Part between 90,000 yuan and 300,000 yuan
20
10500
4
Part between 300,000 yuan and 500,000 yuan
30
40500
5
Part more than 500,000 yuan
35
65500

The total amount of business income in a tax year subtracting costs, expenses and losses is the taxable income. The taxpayer obtains the business income and the individual income tax shall be calculated on an annual basis. The taxpayer shall, within 15 days after the end of the month or quarter, file a prepaid tax declaration to the chief tax authority at the place where the business is located, and go through settlement for income tax in the chief tax authority at the place where the business is located before March 31 of the following year.

Individuals who have obtained business income without comprehensive income shall subtract 60,000 yuan of the expenses, special deductions special additional deductions and other deductions according to law when the taxable income of each tax year is calculated. The special additional deduction is subtracted when settlement for income tax is gone through.

IV. Analysis of special additional deduction

1. Children's Education

Related expenditure for taxpayers’ children who receive full-time academic education and who are in the pre-school education period from the age of 3 to the age of before enrollment in primary school are deducted according to the quantity standard of 1,000 yuan per child per month. Academic education includes compulsory education (primary and junior high school education), high school education (ordinary high school, secondary vocational, technical education), higher education (junior college, undergraduate, postgraduate and doctoral education).

Parents may choose to deduct 100% from one of them according to the deduction standard, or they may choose to deduct 50% from the two parties respectively according to the deduction standard. The specific deduction method cannot be changed within one tax year. Requirements for retaining information: if the taxpayer's children are educated outside China, the taxpayer shall retain the overseas school admission notice, study visa and other relevant education supporting information for future reference.

2. Continuing education

Expenditures for taxpayers who receive academic (degrees) continuing education in China are deducted according to the quantity standard of 400 yuan per month during their academic (degree) education. The deduction period for the same degree continuing education cannot exceed 48 months. Expenditures for taxpayers who receive continuing education for skilled professional qualifications and for professional and technical personnel qualifications are deducted according to the quantity standard of 3,600 yuan in the year of obtaining the relevant certificate.

Individuals who receive continuing education of bachelor degree or below and are eligible for deductions can choose to deduct from their parents or them.

Requirements for retaining information: taxpayers who receive continuing education for skilled professional qualifications and for professional and technical personnel qualifications shall retain relevant certificate and other information for future reference.

3. Severe diseases medical expenses

Within a tax year, the part exceeding 15,000 yuan of the taxpayer’s medical expenses related to basic medical insurance after deducting medical insurance reimbursement (referring to the self-pay part covered by the medical insurance) is deducted within the limit of 80,000 yuan when settlement for income tax is gone through.

The medical expenses incurred by the taxpayer may be deducted from him or his spouse; the medical expenses incurred by the minor children may be deducted from his father or his mother.

Requirements for retaining information: the taxpayer shall retain the original (or copies) of relevant charge bills for medical services and medical insurance reimbursement and other information for future reference. The health-care department shall provide the patient with the inquiry service of annual medical fee information recorded in the health-care information system.

4. Housing loan interest

If the taxpayer or his spouse individually or commonly uses the commercial bank or the provident fund housing loans to purchase houses within China for himself or his spouse, the mortgage interest expenditures of the first house are deducted according to the quantity standard of 1,000 yuan per month in the year of actually paying mortgage interest with the maximum period of deduction no more than 240 months. The taxpayers can only enjoy the interest deduction of the loan of the first house.

The loan of the first house refers to the housing loan enjoying the loaning rate of the first house.

After the agreement between the husband and wife, they may choose to deduct from one of them. The specific deduction method cannot be changed within one tax year.

For the loan of the first house incurred by purchase of house by the husband and wife respectively before marriage, the husband and wife may choose one of the purchased houses to deduct loan interest expenditure according to 100% of the deduction standard, or they may choose to deduct loan interest expenditure from the two parties respectively for their purchased houses according to 50% of the deduction standard. The specific deduction method cannot be changed within one tax year.

Requirements for retaining information: the taxpayer shall retain the housing loan contract and certificates of expenditures of loan repayment for future reference.

5. Housing rent

The housing rental expenses incurred by taxpayers who do not have their own houses in the main working city can be deducted according to the following quantity standard:

(1) For the municipalities, capital cities, cities specifically designated in the state plan and other cities determined by the State Council, the deduction standard is 1,500 yuan per month;

(2) Except for the cities listed in the first item, cities with a registered population of more than 1 million in the municipal district shall be deducted according to the standard of 1,100 yuan per month; for cities with a registered population of no more than 1 million in the municipal district, the deduction standard shall be 800 yuan per month.

The taxpayer's spouse has its own house in the taxpayer's main working city, and the taxpayer is deemed to have his own house in the main working city.

The registered population of the municipal district shall be subject to the data published by the National Bureau of Statistics.

If the main working cities of both the husband and wife are the same, only one of them can deduct the housing rental expenses.

Housing rental expenses are deducted from the lessee who has signed the housing rental contract.

Taxpayers and their spouses cannot enjoy the special additional deduction of housing loan interest and housing rental expenses at the same time in a tax year.

Requirements for retaining information: the taxpayer shall retain the housing loan contract, agreement and other relevant information for future reference.

6. Support towards the elderly

The taxpayer's supporting expenditure for one or more dependents shall be deducted in accordance with the following quantity

standard: (1) If the taxpayer is the only child, it shall be deducted according to the quantity standard of 2,000 yuan per month; (2) if the taxpayer is not the only child, it is divided by the taxpayer and brothers and sisters of the taxpayer with a monthly deduction quota of 2,000 yuan, and the amount of each person's quota cannot exceed 1,000 yuan per month. It can be shared equally by the supporters or shared according to the agreement, or it can be shared as designated by the dependents. A written sharing contract shall be signed for the agreement or designation, and the designation shall take precedence over the agreement. The specific sharing method and quota cannot be changed within one tax year.

A dependent refers to a parent aged 60 or above and a grandparent aged 60 or above whose children have passed away.

No requirements for retaining information.

Several noticeable points:

1. Taxpayers who enjoy children's education, continuing education, mortgage interest or special additional deductions of housing rent or support towards the elderly may choose to submit the information to the withholding agent for deduction, or may choose to deduct when settlement for income tax is gone through in local chief tax authority from March 1 to June 30 of the following year.

Taxpayers who enjoy special additional deductions of severe diseases medical insurance voluntarily choose to deduct when settlement for income tax is gone through in local chief tax authority from March 1 to June 30 of the following year.

2. The taxpayer can submit individual special additional deduction information to the withholding agent or the chief tax authority through the remote tax terminal (download APP of individual income tax), electronic or paper report (the tax bureau has a special version for download). If the electronic or paper report method is selected to submit the information to the withholding agent, it shall be signed and sealed by both the taxpayer and the withholding agent for confirmation.

3. The relevant information that the taxpayer needs to keep for future reference should be retained for five years. The withholding agent only needs to keep the deduction information form with five years of the retention period, but there is no need to keep relevant information, and there is no need to check the retained information.

4. The withholding agent shall not refuse to file the withholding declaration according to the information submitted by the taxpayer, but there is no obligation for withholding agent to verify the authenticity of the information submitted by the taxpayer, and the taxpayer is responsible for the authenticity of the information.

V. Regarding settlement for income tax

In any of the following circumstances, the taxpayer shall file tax declaration in accordance with the law:

(1) Acquisition of comprehensive income needs to go through settlement for income tax.

(2) Acquisition of taxable income without a withholding agent;

(3) Acquisition of taxable income, and no withholding of tax for the withholding agent;

(4) Acquisition of overseas income;

(5) Cancellation of Chinese household registration due to emigration;

(6) Non-resident individuals obtain wages and salaries from more than two places in China;

(7) Other circumstances as stipulated by the State Council.

The circumstances in which the comprehensive income needs to go through settlement for income tax include:

(1) Obtain comprehensive income from more than two places, and the balance of the annual comprehensive income subtracting the special deduction exceeds 60,000 yuan;

(2) Obtain one or more of incomes from labor services, contribution fees and royalties and the balance of the annual comprehensive income subtracting the special deduction exceeds 60,000 yuan;

(3) The amount of the prepaid tax in the tax year is lower than the taxable amount;

(4) The taxpayer applies for the tax refund.

The taxpayers who need to go through settlement for income tax shall file tax declaration to the chief tax authority at the place where they are employed within the period from March 1 to June 30 of the following year. If a taxpayer has more than two positions and employers, he shall choose to file tax declaration to the local chief tax authority of one of the places where the taxpayer is employed; if a taxpayer does not have a position or an employer, he shall choose to file tax declaration to the local chief tax authority where his residence is registered or in his habitual residence.

The specific measures for taxpayers to go through settlement for comprehensive income will be separately published.

VI. Regarding coordination of relevant preferential policy after the revision of the Individual Income Tax Law

1. Transition policy on year-end bonus

If the resident obtains a one-time annual bonus and it is in compliance with the Notice of the State Administration of Taxation on Adjusting the Calculating Method for Individual Income Tax of Individual's One-Time Annual Bonus (Guo Shui Fa [2005] No. 9), the one-time annual bonus is not deemed as the comprehensive income before the December 31, 2021 and the original calculation method still applies.

If the resident obtains a one-time annual bonus, he can choose to incorporate it into the comprehensive income of the year to calculate the tax.

Since January 1, 2022, if the resident obtains a one-time annual bonus, it shall be incorporated into the comprehensive income of the year to calculate the tax.

2. Regarding severance package

The individual terminates the labor relationship with the employer and obtains one-time compensation income (including the economic compensation, living allowance and other subsidy paid by the employer), and the portion that not exceeds 3 times the amount of the local average salary of the previous year is exempted from individual income tax; the portion that exceeds 3 times the amount is not included in the comprehensive income of the current year, and it applies to comprehensive income tax rate table separately to calculate the tax payment.

3. Regarding special deductions for foreign individuals

During the period from January 1, 2019 to December 31, 2021, if the foreign individual meets the conditions of the resident, he or she may choose to enjoy the special additional deduction of individual income tax, or may choose to follow the stipulations of Ministry of Finance: Notice of the State Administration of Taxation on Individual Income Tax Policies(Cai Shui [1994] No. 20), Notice of the State Administration of Taxation on the Implementation of Individual Income Tax Exemption on Foreign Individuals' Obtaining of the Relevant Subsidies (Guo Shui Fa [1997] No. 54) and Ministry of Finance: Notice of the State Administration of Taxation of Individual Income Tax Exemption on Foreign Individuals' Obtaining of the Subsidies for Houses in Hong Kong and Macao regions (Cai Shui [2004] No. 29) to enjoy subsidy for houses, language training fees, and children's education fees, which can not be enjoyed at the same time. Once a foreign individual makes choice, it cannot be changed during a tax year.

Since January 1, 2022, foreign individuals will no longer enjoy tax exemption preferential policies of housing subsidies, language training fees, and children's education subsidies and shall enjoy special additional deductions as required.

Analysis of changes in the new personal income tax law

On August 31, 2018, the amendment to the Individual Income Tax Law of the People's Republic of China (the new law) was formally approved. The amendment will be implemented step by step, most of the terms will take effect on January 1, 2019. From October 1, 2018 to December 31, 2018, the standard for the basic deductions for wages and salaries will be raised to RMB 5,000 per month and the comprehensive income tax rate will apply.

Comparison of new and old tax rates:

Old tax rate table

Series
Paid by individual Paid by company
Tax(%)
Quick calculation deduction
1
Not more than 1,500 yuan Not more than 1,455 yuan
3
0
2
The part in excess of 1,500 yuan to 4,500 yuan The part in excess of 1,455 yuan to 4,155 yuan
10
105
3
The part in excess of 4,500 yuan to 9,000 yuan The part in excess of 4,155 yuan to 7,755 yuan
20
555
4
The part in excess of 9,000 yuan to 35,000 yuan The part in excess of 7,755 yuan to 27,255 yuan
25
1,005
5
The part in excess of 35,000 yuan to 55,000 yuan The part in excess of 27,255 yuan to 41,255 yuan
30
2,755
6
The part in excess of 55,000 yuan to 80,000 yuan The part in excess of 41,255 yuan to 57,505 yuan
35
5,505
7
The part in excess of 80,000 yuan The part in excess of 57,505 yuan
45
13,505
*
Pay the tax personally Pay the tax by the company

New tax rate table

Series
Paid by individual Paid by company
Tax(%)
Quick calculation deduction
1
Not more than 3,000 yuan Not more than 2,910 yuan
3
0
2
The part in excess of 3,000 yuan to 12,000 yuan The part in excess of 2,910 yuan to 11,010 yuan
10
210
3
The part in excess of 12,000 yuan to 25,000 yuan The part in excess of 11,010 yuan to 21,410 yuan
20
1,410
4
The part in excess of 25,000 yuan to 35,000 yuan The part in excess of 21,410 yuan to 28,910 yuan
25
2,660
5
The part in excess of 35,000 yuan to 55,000 yuan The part in excess of 28,910 yuan to 42,910 yuan
30
4,410
6
The part in excess of 55,000 yuan to 80,000 yuan The part in excess of 42,910 yuan to 59,160 yuanB
35
7,160
7
The part in excess of 80,000 yuan The part in excess of 59,160 yuan
45
15,160
*
Pay the tax personally Pay the tax by the company    

Tax calculation formula:

(personal income - deduction) × tax rate - quick calculation deduction (Pay the tax personally)

(personal income - deduction - quick calculation deduction) ÷ (1 - tax rate) × tax rate - quick calculation deduction (Pay the tax by the company)

Deduction: 5,000 RMB

Regarding the deductions for foreign individuals, the new law does not mention the difference with Chinese individuals, so the deductions for foreign individuals will most likely be equal to those of Chinese individuals. If there is a difference, I believe that the rules will be issued in the near future to make it clear.

The calculation of the salary for October to December 2018 means that the tax period is from October to December. Note that it is not the tax declaration time point, that is to say, regarding the tax for October 2018 declared in November 2018, the new tax standard of 5,000 yuan and the new tax rate table are applicable; regarding the tax for September 2018 declared in October 2018, the old tax standard of 3,500 yuan and the tax rate table are applicable.

In addition to the above changes in tax rates and deductions, comparing the new law to be implemented in January 2019 with the old law, the main changes are as follows:

1. Adjust the income classification, and combine the income from wages and salaries, income from labor remuneration, income from contribution fee, and income from royalties into a “comprehensive income” item for taxation.
The new law stipulates that the income from labor remuneration, income from contribution fee, and income from royalties shall be the amount of income after deducting 20% of the income. In other words, labor remuneration and royalties will be included in the comprehensive income for personal income tax at 80% of the income; since the contribution fee can additionally enjoy a discount of 70%, the contribution fee will actually be included in the comprehensive income for personal income tax at 56% of the income.
To make it easier for everyone to understand, here is an example:
Xiao Wang has the following incomes in 2018:
1. Salary 100,000 RMB
2. Labor compensation 80,000 RMB
3. Income from contribution fee 60,000 RMB
4. Income from royalties 5,000 RMB
Xiao Wang’s taxable comprehensive income in 2018 is:
(100000+80000*80%+60000*80%*70%+50000*80%)-60000=177600
In addition, the calculation of the year-end bonus tax that everyone is concerned about, according to the current provisions, is more likely to be included in the comprehensive income for personal income tax, but still need to be made clear by subsequent rules.

2. Add special additional deductions.
Special additional deductions include six expenses such as children's education, continuing education, major illness care, housing loan interest (or housing rent), and support of the elderly. However, the implementation measures for specific special deductions need to be clarified by subsequent rules.
For foreign individuals, whether the tax exemption benefits such as housing rent and children's education originally applied to foreign individuals will be canceled and will also apply to the special additional deductions of the new, will be clarified by subsequent rules.

3. Establish a new personal income tax declaration system, and adopt a combination of withholding and prepayment and settlement and payment for the comprehensive income of individual residents.
The new law stipulates that the comprehensive income of individual residents needs to be taxed on an annual basis and declared by the taxpayer for settlement on an annual basis. Therefore, the company will withhold the tax on a monthly or indefinite basis. While the withholding tax is collected by the state treasury on the 15th of the following month, individual taxpayers are likely to do annual tax filing, and pay the payment of taxes unpaid or apply for tax refund during March 1 to June 30 of the following year after the end of each tax year.
This change in the new law places higher demands on companies as withholding agents and individual as taxpayers. In particular, with regard to individual as taxpayers, it may not be possible to integrate various laws and regulations, and they will have doubts about how to properly carry out annual tax filing and payment. Welldone Finance plans to provide the individual income tax consulting services and annual tax filing services based on the subsequent implementation rules. Please don't hesitate to contact us if you have any question.

4. Clarify the definition of residents and introduce the “183 day” residence determination criteria.
The new law will use 183 days as the time limit for distinguishing tax residence from non tax residence. The previous law uses a one-year rule. For foreign individuals, this change may lead to a change in the policy of the previous payment of personal income tax for related foreign individuals. Whether the rules such as the five-year rule will be retained or canceled will still need to be confirmed by subsequent rules.
In addition to the above changes, the changes in the new law include new addition of departure tax clearing requirements, clear definition of multi-sector information sharing, establishment of credit information systems, and new addition of personal income tax anti-avoidance clauses, etc., which will not be further discussed here.

Conclusion
Compared with the old law, the implementation of the new law has indeed brought about major changes, bringing tax-deductible benefits to the majority of the working class. Due to the major changes, there are still many problems that need to be made clear by further rules.
As a professional finance and tax consultant, if new rules are issued, our company will try our best to share with you and give you an analysis. We will provide consulting and agency services for personal income tax accordingly. Please feel free to contact us if you are interested.

What is the date of publication of the annual audit report?

The audit report should be published on the 30th of April of each year。

Which types of enterprises require to be audited annually?

State owned enterprises, foreign investment enterprises and market oriented companies, except for specially regulated industry enterprises (e.g. financial enterprises that have their annual accountancy reports examined and approved by special financial departments).

What is the purpose of audit reports?

he purpose of an audit report is to examine the following: (1) To examine whether the authorization of the accountancy reports are in accordance to the guidelines of “Enterprise Accountancy” and other national laws and regulations concerning financial accountancy. (2) To examine whether the reports produced by the accountant are a realistic reflection of the financial situation of the audited unit, the business productivity and the situation of financial changes. (3) To examine whether the choice of working method of the accountant is along the fundamental principles of accountancy.

Which report forms should be included in the annual audit report?

The audit reports should include the accountancy report audit and cooperative accountant report forms. The accountant reports of the registered accountant include: balance sheet, income statement, cash flow statement, profit and loss statement, and attachments of the accountant reports. De cooperative accountant report forms of the registered accountant audit include the cooperative balance sheet, cooperative income statement, cooperative income statement, cooperative profit and loss statement and attachments to the accountant reports.

The types of the accountancy report audit?

With the consideration of the facts that whether the audit scope was restricted or not, whether there are not-adjusted or not-revealed issues or not, as well as taken full account of their effects to the accounting statements, the CPA should present unqualified or clean opinion, qualified opinion, adverse opinion and disclaimer opinion respectively. When the qualified opinion, the adverse opinion or the disclaimer opinion was presented, the CPA should also illustrate the definite reason and point out the effects to the reflection of accounting statements if possible。

Together with the accounting report, the following attachments have to be included ?

(1)Explanation of accountancy policies, accountant estimates and modifications: The Enterprise is supposed to emphasize all judgments, accountancy policies and accountancy estimates together with the alterations in these accountancy policies and estimates, the cause of alteration and its influence on the financial situation and commercial productivity of the enterprise at the time of choosing the policies with the most influence on the significant items among the accountant reports

(2)Explanation of correcting main accounting mishaps.

(3)Explanation of hypothesis on main accounting measurement The Enterprise should reveal all the uncertain factors and key hypothesis on accounting measurement probably inducing significant adjustment on the book value of assets or liabilities in the coming accounting year. The revelation should include the nature of the uncertain factors and the hypothesis, the booked value at the balance sheet date of the assets or liabilities probably been affected, etc.

(4) Explanation of contingent matters and promise matters.

(5) Explanation of events after the balance sheet date.

(6)Explanation of related parties and its business.

(7)Explanation of sales and disposal of the main assets.

(8)Explanation of enterprise’s co-operations and separations.

(9)Explanation for the main investing and financial activities.

(10)Explanation of the most significant items in the accounting report.

(11)Any other explanatory matters regarding the familiarization and analyzing of accountancy report forms.

Which clauses shall be contained in the labor contract?

A labor contract shall contain the clauses as follows:

(1)The employer’s name, residence and legal representative or major principal;

(2)The worker’s name, residence and number of identity card or any other valid identity certificate;

(3)The time limit for the labor contract;

(4)The work contents and place;

(5) The work time, rest and vocation;

(6)The remunerations;

(7)The social security;

(8)The labor protection, work conditions and protection against and prevention of occupational harm;

(9)Other matters that shall be incorporated in the labor contract according to any law or regulation.

How to stipulate the term of the probation period in the labor contract?

Where the term of a labor contract is above three months but less than one year, the probation period thereof shall not be more than one month. Where the term of a labor contract is above one year but less than three years, the probation period thereof shall be less than two months. With respect to a labor contract with a fixed period of above three years or without a fixed period, the probation period thereof shall not be in excess of six months. An employer can only stipulate one probation period with a same worker. No probation period may be stipulated in a labor contract with a period to complete the prescribed work or a labor contract with a fixed period of less than three months. The probation period shall be contained in the term of labor contracts. If only the probation period is stipulated in a labor contract, it shall be untenable and the said period shall be the term of the labor contract.

Whether or not the employer could stipulate the confidential clauses?

Employers and workers may stipulate such issues as keeping confidential the business secrets and intellectual property rights of the employers in the labor contract. With respect to a worker who has the obligation of keeping secrets, the employer may stipulate non-competition clauses with the worker in the labor contract or in the confidentiality agreement and stipulate that economic compensations shall be given to the worker by month within the non-competition period after the labor contract is cancelled or terminated. Where the worker is in violation of the stipulation on non-competition, he shall pay a penalty for breach of contract to the employer.

Under what kind of situation, the employer could rescind the labor contract?

In the case of any of the following circumstances occurring to a worker, the employer may cancel the labor contract:

(1)He has been proved not to satisfy the recruitment requirements during the probation period;

(2)He is in serious violation of the bylaws of the employer;

(3) He causes any severe damages to the employer due to his grave negligence to duties or seeking private benefits;

(4) He establishes a labor relationship with other employers at the same time and may seriously influence his completion of the work in this entity, or he refuses to make a correction after the employer has pointed it out;

The labor contract is invalidated due to the circumstance referred to in Subparagraph (1), Paragraph 1, Article 26 of this Law; or

(6)He is subject to criminal liabilities according to law.

Under what kind of situation, the employer could cut down the workers?

(1)It is under revitalization in accordance with the Enterprise Bankruptcy Law;

(2)Serious problems in production and business operation occur;

(3)The enterprise has changed products, made significant technological renovation or adjusted the form of business operation, and still needs to have reduction after the labor contracts are altered; or

(4)The objective economic circumstance, on which the labor contract is based, has altered significantly and it is unable to perform the labor contract.

When did the Labor Contract enter into force?

The Labor Contract Law shall enter into force as of January 1, 2008

How long will it take to establish a WOFE?

It normally takes 3-4 months to get the WOFE registered. But some WOFE needs to apply for special licenses due to different business scope. So in this case, the procedure is longer.

We are a representative office in Shanghai, and want to convert it into a WOFE, how can we proceed with it?

Rep. Office and WOFE are different entity and approved by different authorities. We can close down the Rep. Office and open up the WOFE at the same time, with out confliction.

When we can have the bank account when starting the WOFE registration? How to pay the bills when we don’t have the account?

Normally, 2 months after the registered started, you can get the bank account open. And the WOFE can also open a temporary capital account at the very beginning. The maximum is 5% of the total investment of the WOFE.

What is the difference between Rep. Office and WOFE?

WOFE has the legal corporation and Rep. Office is just an entity for liaison work. They have different business scope and function. WOFE can do all business and receive payments with the business license. But Rep. Office can only do liaison work for the head office and can not do business on its own.