SAT declared a new announcement on its website, which allows more foreign companies taking advantage of the 5% WHT rate. Tsidu reads that this regulation will make significant influence on cross border transactions, so we translate it from Chinese to English and are very glad to share with you, hoping that it will be helpful to you. Attached please find the PDF copy of Chinese-English regulation for your review, if you need a WORD copy, please do not hesitate to contact me.
另外，希望下面华尔街新闻对您理解此项法规有所帮助…
Further, I hope a news from Wall Street Journal will be useful to help you understand this new law, please scroll down…
China Clarifies Tax Rules; Foreign Companies Benefit.
. 中国澄清税收规定，外国公司受益
From: The Wall Street Journal
来源：华尔街日报
Date: July 16, 2012
日期： 2012年7月16日
BEIJING— More foreign companies will be able to repatriate their profits from China at a lower tax rate after Beijing clarified existing regulations, according to global accounting firm KPMG, in the latest step in China's continuing efforts to ease its capital restrictions.
北京——根据来自全球性会计师事务所毕马威的消息，在北京对现行税收法规加以澄清之后，将有更多外国公司能够以较低的税率将源自中国的利润遣返回本国，这也是中国持续放宽资本限制的最新举措。
The changes were issued by China's tax authority on Friday and took effect June 29, said Khoonming Ho, a partner in charge of tax for China and Hong Kong for KPMG. It allows more companies based in some places outside mainland China to pay as little as 5% withholding tax on dividends sent home from China, half the 10% rate that companies from countries without a tax treaty need to pay.
毕马威中国和香港特别行政区税务主管合伙人何坤明(音)先生称，新规定由中国税务机关于周五公布，并将于6月29日生效。新规定允许更多总部位于中国大陆之外的公司仅需缴纳5%的预提税即可将其股息从中国遣返本国，而来自与中国没有税收协定之国家的公司则适用10%的税率，前者仅为后者的一半。
The new rules would apply to places such as Hong Kong and Singapore, Mr. Ho said. But it wouldn't apply to the U.S. even though it also has a double-taxation treaty with China, he said, because that treaty sets the withholding rate at 10% anyway.
何先生指出，新规定将适用于香港、新加坡等地区，但不适用于美国，尽管美国与中国之间亦存在避免双重征税协定，但该协定规定的预提税率为10%。
Mr. Ho also said many companies have struggled to take advantage of the lower tax rate, which was introduced in 2008. To benefit, they need to show that they have a substantial business in the other country or region, which means showing that a company's foreign-based parent has staff and an active business there. That can be difficult, he said, because often the parent company is merely a holding company.
何先生还指出，许多公司都曾努力争取适用2008年引入的较低税率。为了从中获益，这些公司需要证明它们在其他国家亦拥有实质性业务，换言之，即证明其位于外国的母公司在其他国家拥有员工及活跃的业务。何先生说，这可能会很困难，因为母公司通常只是一个控股公司。
"As a result, a number of companies were denied the reduced withholding rate," he said.
“因此，许多公司无法享受较低的预提税率。”何先生说。
Mr. Ho said that under the changes, a company's dividends can be repatriated at the lower rate if its overseas parent is a listed company. Also, if a holding company can show that its owner has a real business, then the China-based unit can also take advantage of the 5% rate.
何先生指出，根据新规定，如果一家公司的海外母公司为上市公司，则该公司可以较低税率遣返其股息。并且，如果一家控股公司可以证明其所有人拥有真实业务，则其中国分部亦可享受5%的税率。
Still, it is unclear how many companies will meet the requirements. While the rules will reduce the cost of doing business in China for some companies, Beijing still hasn't offered a clear explanation of what is required for a company to have "substance," which could potentially stymie efforts by companies to take advantage of the lower rate and leaves uncertainty for businesses thinking of investing in China.
目前尚不清楚有多少公司能满足上述要求。新规定降低了一些公司的在华经营成本，但北京尚未对“实质性”的构成要件作出明确解释，这可能妨碍一些公司争取适用较低税率的尝试，并为在华投资的商业考量埋下不确定性因素。
Still, Mr. Ho was upbeat on what the changes meant for foreign business in China. "The new rule will reduce the tax cost of investment in China, and will make investment in China more attractive," he said.
关于新规定对在华外商业务的影响，何先生仍持乐观态度。何先生认为“新规定将降低在华投资的税收成本，并将增强中国的投资吸引力。”
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发表于 2012-7-23 16:21:35
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