February 27, 2009

EIT Tax Treatments Clarified

On February 27, 2009, the State Administration of Taxation issued the Circular on Issues Concerning Tax Treatments for Enterprise Income Tax ("EIT") (the "Circular"), effective, retroactively, January 1, 2008.  The Circular clarifies certain tax treatments as provided in the new EIT Law and its Implementing Regulations, so that enterprises can follow the specified tax treatments in their 2008 annual EIT filing and make informed decisions on their tax treatment options.  The Circular sets forth the treatment of certain taxable items incurred before the enforcement of the new EIT Law.  These include: treatment for fixed assets purchased before 2008, treatment for deferred income, interest, rent and royalty income recognized in accordance with the old EIT Law, treatment for the balance of the previous year's staff welfare expenses, education funds, wage funds and advertising expenses, treatment for losses caused by additional deduction of R&D expenses, and treatment for pre-start-up expenses. Enterprises should consider the tax treatments for the above items when filing their 2008 EIT returns.

Copyright ©2008 by Kaye Scholer LLP. All Rights Reserved. This publication is intended as a general guide only. It does not contain a general legal analysis or constitute an opinion of Kaye Scholer LLP or any member of the firm on the legal issues described. It is recommended that readers not rely on this general guide but that professional advice be sought in connection with individual matters.References herein to "Kaye Scholer LLP & Affiliates," "Kaye Scholer," "Kaye Scholer LLP," "the firm" and terms of similar import refer to Kaye Scholer LLP and its affiliates operating in various jurisdictions.

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