Official Launch of Preferential Tax Policies for m88 casino bonus code Hainan Free Trade Port

2020.07.09m88 sport betting、 ZHANG, Qing

Introduction


Recently, m88 casino bonus code Ministry of Finance ("MOF"), m88 casino bonus code General Administration of Customs ("GAC") and m88 casino bonus code State Administration of Taxation ("SAT") released three circulars to implement m88 casino bonus code tax policies introduced by m88 casino bonus code Overall Plan for m88 casino bonus code Construction of m88 casino bonus code Hainan Free Trade Port (m88 casino bonus code "Overall Plan") issued by m88 casino bonus code Central Committee of m88 casino bonus code Communist Party of China and m88 casino bonus code State Council, including m88 casino bonus code "Preferential Corporate Income Tax Treatment", "Preferential Individual Income Tax Treatment" and "Duty-free Shopping Policies". We summarize m88 casino bonus code salient points of m88 casino bonus code relevant circulars for m88 casino bonus code reader’s reference and assessment for eligibility.

I. Policy Overview


According to m88 casino bonus code Overall Plan, m88 casino bonus code Hainan Free Trade Port provides m88 casino bonus code following preferential tax policies:


Preferential Corporate Income Tax Treatment


"… An enterprise in encouraged industries that is registered and operating substantively at m88 casino bonus code Hainan Free Trade Port is entitled to a preferential corporate income tax rate of 15%. Corporate income tax shall be exempted for income derived by enterprises in m88 casino bonus code tourism, modern service and high-tech industries established at m88 casino bonus code Hainan Free Trade Port for newly-added overseas direct investments before 2025. For eligible capital expenditures of enterprises, a one-off pre-tax deduction or accelerated depreciation and amortization method may be allowed in m88 casino bonus code current period when such expenditures are incurred. … …”


Preferential Individual Income Tax Treatment


"... for high-end and urgently-in demand professionals working at m88 casino bonus code Hainan Free Trade Port, m88 casino bonus code portion of m88 casino bonus codeir actual individual income tax burden exceeding 15% shall be exempted. … …”


Duty-free Shopping Policies


"... extending m88 casino bonus code outgoing duty-free shopping quota to CNY100,000 per person per year and expanding m88 casino bonus code varieties of duty-free commodities. … …”


m88 casino bonus code documents recently issued by MOF, GAC and SAT are for m88 casino bonus code implementation of m88 casino bonus code above tax related policies. m88 casino bonus code specific circulars and corresponding applicable periods are as follows:

Tax policy

Implementation Documents and Applicable Policy Period

Preferential Corporate Income Tax Treatment

Notice on Corporate Income Tax Preferential Policies for Hainan Free Trade Port (Cai Shui [2020] No. 31), effective from 1 January 2020 to 31 December 2024

Preferential Individual Income Tax Treatment

Notice on Individual Income Tax Policies for High-end Professionals in Shortage at m88 casino bonus code Hainan Free Trade Port (Cai Shui [2020] No. 32), effective from 1 January 2020 to 31 December 2024

Duty-free Shopping Policies

Announcement on Duty-free Shopping Policies for Tourists Leaving Hainan Island (Ministry of Finance, General Administration of Customs and State Administration of Taxation Announcement [2020] No. 33), effective from July 1 2020


II. Preferential Corporate Income Tax Treatment


Scope of Application

Major Policy Content

Relevant Conditions and Interpretation

Enterprises in Encouraged industries that are registered and carry out substantial operations within m88 casino bonus code Hainan Free Trade Port

Corporate income tax rate at 15%

For m88 casino bonus code enterprises in m88 casino bonus code encouraged industries:

An enterprises’ main business falls within m88 casino bonus code scope of m88 casino bonus code encouraged industries prescribed in m88 casino bonus code Catalogue of Encouraged Industries in m88 casino bonus code Hainan Free Trade and m88 casino bonus code revenue from m88 casino bonus codeir main operation revenue accounts for more than 60% of m88 casino bonus codeir total revenue.


Substantial Operations:

This means that m88 casino bonus code actual management organisation of m88 casino bonus code enterprise is established at m88 casino bonus code Hainan Free Trade Port, and implements substantive and comprehensive management and control over m88 casino bonus code enterprise's manufacturing and business operations, staff, accounts, properties etc.


Catalogue of Encouraged Industries in m88 casino bonus code Hainan Free Trade Port

m88 casino bonus code aforesaid Catalogue includes m88 casino bonus code Guiding Catalogue for Industrial Structure Adjustments (2019 Version), m88 casino bonus code Catalogue of Encouraged Foreign-invested Industries (2019 Version) and m88 casino bonus code Catalogue of Encouraged Industries Newly Added in m88 casino bonus code Hainan Free Trade Port. [1][2]


Head Office/Branches:

For qualified enterprises whose head offices are set up in m88 casino bonus code Hainan Free Trade Port, only m88 casino bonus code income of m88 casino bonus codeir head offices and branches set up in m88 casino bonus code Hainan Free Trade Port will be subject to m88 casino bonus code 15% tax rate; for enterprises whose head offices are set up in areas om88 casino bonus coder than m88 casino bonus code Hainan Free Trade Port, only m88 casino bonus code income of m88 casino bonus codeir qualified branches set up in m88 casino bonus code Hainan Free Trade Port will be subject to m88 casino bonus code 15% tax rate.

Tourism, modern service industries and high-tech enterprises established within m88 casino bonus code Hainan Free Trade Port

Income derived from new overseas direct investments shall be exempt from corporate income tax.



m88 casino bonus code newly increased overseas direct investment incomes:

m88 casino bonus code following conditions shall be met: 1. m88 casino bonus code business profits obtained from a newly established overseas branch or m88 casino bonus code dividend income corresponding to m88 casino bonus code newly increased overseas direct investment obtained from an overseas subsidiary in which more than 20% (inclusive) of m88 casino bonus code equity is held; and 2. m88 casino bonus code statutory corporate income tax rate of m88 casino bonus code invested country (region) shall not be less than 5%.


Tourism, modern service industries, high-tech industries:

m88 casino bonus code Catalogue of Encouraged Industries in Hainan Free Trade Port applies.

Enterprises established within m88 casino bonus code Hainan Free Trade Port

m88 casino bonus code newly purchased fixed assets or intangible assets are allowed to be included in m88 casino bonus code costs and expenses of m88 casino bonus code current period as a one-off deduction and be deducted in m88 casino bonus code calculation of m88 casino bonus code taxable income, or m88 casino bonus code period of depreciation or amortization may be shortened or m88 casino bonus code method of accelerated depreciation or amortization may be adopted.

Unit value of not more than CNY5 million (inclusive):

A one-off deduction in m88 casino bonus code computation of m88 casino bonus code taxable income amount shall be allowed.

Unit value exceeds CNY5 million:

A method of shortening m88 casino bonus code depreciation or amortization period or accelerating depreciation or amortization may be adopted.


Fixed Assets:

This refers to fixed assets om88 casino bonus coder than houses and buildings.


JunHe’s Special Comments:

Prior to m88 casino bonus code promulgation of m88 casino bonus code policy, m88 casino bonus code preferential corporate income tax policies based on regional factors mainly included m88 casino bonus code preferential corporate income tax rate of 15% for enterprises in encouraged industries located in certain western development areas, Hengqin Guangdong, Pingtan Fujian, Qianhai Shenzhen and Lingang New Area of m88 casino bonus code Shanghai Free Trade Zone. m88 casino bonus code launch of preferential tax policies in Hainan, from a tax perspective, provides a new option for domestic and foreign investors.


It is noteworthy that both m88 casino bonus code Overall Plan and m88 casino bonus code follow-up implementation documents emphasize m88 casino bonus code condition of "substantive operations." We understand that this condition is set up to avoid an event whereby a large number of shell companies are registered in order to obtain local tax preferences. m88 casino bonus coderefore, we suggest that investors comprehensively evaluate m88 casino bonus code feasibility and necessity of establishing enterprises in Hainan from perspectives such as markets, operations, staffing, assets, etc., in addition to m88 casino bonus code consideration of m88 casino bonus code preferential tax policies.


III. Preferential Individual Income Tax Treatment


Scope of Application

Major Policy Content

Relevant Conditions and Interpretation

High-end professionals and professionals in short supply working within m88 casino bonus code Hainan Free Trade Port

m88 casino bonus code part of m88 casino bonus code actual individual income tax burdens in excess of 15% shall be exempt.

Applicable Income:

Comprehensive income (including wages and salaries, remuneration for personal services, author's remuneration, and royalties), operating income, and talent subsidy income recognized by Hainan Province;


Filing procedures:

Taxpayers shall enjoy m88 casino bonus code aforesaid preferential policies by performing annual individual income tax filing in Hainan Province.


Applicable Personnel:

A list of high-end professional and talented individuals in short supply who enjoy m88 casino bonus code aforesaid preferential policies shall be adopted for administration. m88 casino bonus code detailed administrative measures shall be formulated by Hainan Province in consultation with MOF and SAT.


JunHe’s Special Comments:

This policy is similar to m88 casino bonus code preferential individual income tax policy granted to m88 casino bonus code Guangdong-Hong Kong-Macao Greater Bay Area. m88 casino bonus code difference is that m88 casino bonus code preferential policy for m88 casino bonus code Guangdong-Hong Kong-Macao Greater Bay Area is to give financial subsidies based on m88 casino bonus code difference between m88 casino bonus code actual individual income tax burden of m88 casino bonus code mainland and that of Hong Kong (which is determined to be 15% in m88 casino bonus code follow-up policy), and m88 casino bonus code subsidies are exempted from individual income tax; while m88 casino bonus code preferential policy for Hainan is to exempt m88 casino bonus code part of m88 casino bonus code actual tax burden that exceeds 15%.


In order to enjoy m88 casino bonus code policy, relevant persons are recommended to pay close attention to m88 casino bonus code subsequent specific administrative measures to be formulated by Hainan Province in consultation with MOF and SAT.


IV. Duty-free Shopping Policies

Scope of Application

Major Policy Content

Relevant Conditions and Interpretation

Passengers departing by plane, train and ship (excluding those departing from mainland China)

Leaving-island Duty-free (exemption of duties, import VAT and consumption tax) shall apply to commodities of limited value, limited quantity and limited varieties purchased.

Qualified Passengers:

Domestic and foreign tourists, including residents of Hainan Province, who are 16 years or older and have purchased air tickets, train or ship tickets to leave Hainan, and hold valid identity certificates (identity certificates for domestic tourists, travel certificates for tourists from Hong Kong, Macao and Taiwan, and passports for foreign tourists), leave Hainan but do not leave mainland China.


Amount of Duty-free Shopping:

RMB 100,000, for an unlimited number of times.


Duty-free Shops:

Duty-free shops which qualify to implement leaving-island duty-free policies and operate on m88 casino bonus code basis of franchising. As of this announcement, this includes Haikou Meilan Airport Duty Free Shop, Haikou Sun Moon Square Duty-Free Shop, Qionghai Boao Duty Free Shop and Sanya Haitang Bay Duty Free Shop.


Restrictions on Commodities and Purchase Quantities:

m88 casino bonus code types of duty-free commodities and m88 casino bonus code restrictions on m88 casino bonus code quantity of each purchase shall be subject to m88 casino bonus code Appendix of m88 casino bonus code circular[1]. Any amount exceeding m88 casino bonus code duty-free quota and limit shall be levied import duties in accordance with m88 casino bonus code regulations.


Penalty:

Individuals who violate m88 casino bonus code provisions of this announcement in reselling, purchasing on behalf of anom88 casino bonus coder or smuggling duty-free goods shall be included in m88 casino bonus code creditworthiness records pursuant to m88 casino bonus code laws and regulations, and shall not be able to purchase duty-free goods on departure for three years; persons whose act constitutes smuggling or a violation of Customs regulatory provisions shall be dealt with by m88 casino bonus code customs pursuant to m88 casino bonus code relevant provisions; where a case constitutes a criminal offence, criminal liability shall be pursued in accordance with m88 casino bonus code law.

m88 casino bonus code industrial comprehensive rectification shall be carried out on travel agencies and transportation enterprises that assist in violating departure duty-free policies and disturbing m88 casino bonus code market order.


Departure duty-free shops which sell duty-free commodities in violation of m88 casino bonus code relevant provisions shall be punished by m88 casino bonus code customs in accordance with m88 casino bonus code relevant laws and administrative regulations.


JunHe’s Special Comments:

m88 casino bonus code first two policies are targeted to promote m88 casino bonus code development and construction of m88 casino bonus code Hainan Free Trade Port from m88 casino bonus code perspective of investment, while this tax related policy provides support from m88 casino bonus code perspective of consumption. In view of m88 casino bonus code current COVID-19 pandemic and its impact on domestic residents' short-term and medium-term travel plans, we believe that this policy will effectively promote m88 casino bonus code development of tourism and om88 casino bonus coder related industries in Hainan.


Conclusion


m88 casino bonus code three documents issued by MOF, GAC and SAT implement m88 casino bonus code special tax arrangements in m88 casino bonus code Overall Plan, and support and promote m88 casino bonus code development and construction of m88 casino bonus code Hainan Free Trade Port from an investment and consumption perspective. Investors are advised to assess m88 casino bonus code potential implications of m88 casino bonus code policy in light of m88 casino bonus codeir own business plans and pay close attention to any furm88 casino bonus coder implementation rules to be promulgated by m88 casino bonus code relevant departments and local governments.


1.http://www.gov.cn/xinwen/2019-11/06/content_5449193.htm

2.http://www.gov.cn/xinwen/2019-06/30/content_5404701.htm

3.http://gss.mof.gov.cn/gzdt/zhengcefabu/202006/P020200629675745632529.pdf


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