China: China’s 150% super deduction regulation

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

China: China’s 150% super deduction regulation

ho-khoonming.jpg
lu-lewis.jpg

Khoonming Ho

Lewis Lu

On December 29 2015, the State Administration of Taxation released Announcement [2015] No 97 (Announcement 97) to provide more detailed implementation standards in respect of Cai Shui [2015] No119 (Circular 119) which is the most important regulatory change to the R&D super deduction in years.

The key implementation standards of Announcement 97 can be summarised in the following aspects:

Enhance and limit the scope of claimable activities and expenses

  • R&D staff, technical staff and supporting staff can be involved as R&D personnel, while logistics staff are excluded from the R&D activity loop if they are not directly involved in R&D activities and cannot be claimed under the 150% super deduction.

  • The eligible depreciation expense related to equipment or devices used for R&D activities can be claimed for super deduction purposes if the accounting treatment has been followed, and in such a case the relevant depreciation amount is to be capped at the allowable amount deductible from a tax perspective.

  • Companies need to record and track the usage and activity information for relevant equipment, intangible assets and personnel not fully engaged in the R&D activity.

  • The calculation method to determine upper limit of 'other related R&D expenses'.

  • Any income/revenue gained from selling scraps, faulty, trial products and so on shall be used to offset the eligible R&D expense for super deduction purpose.

  • The material cost related to the R&D activities whose output results in 'final products' or parts of final products shall not be counted as an eligible R&D expense.

  • Items shall not be claimed as eligible expense for R&D super deduction purpose.

  • Super deduction criteria for entrusted R&D projects.

  • Whether the company falls into the negative list of industries depends on its principal business.

Compliance documentation requirements

  • Auxiliary accounts for R&D expenses shall be established for later validation when the R&D projects are set up.

  • Validation/audit review will be carried out after the annual corporate income tax filing period which will cover 20% of all R&D super deduction applications.

The rapid release of regulatory announcements by Premier Li Keqiang's government authorities in respect of the 150% super deduction in the past three months reflects the government's focus on supporting Chinese companies to develop new knowledge and improve products and processes.

Circular 119 enhances the existing R&D incentive programme and should help China achieve its economic growth objectives if the local tax authorities adopt a fair and reasonable approach to compliance documentation. Announcement 97 clarifies some points of uncertainty associated with Circular 119, especially in relation to the effective date of the new provisions and around the scope of eligible activities and expenses.

Khoonming Ho (khoonming.ho@kpmg.com)

KPMG, China and Hong Kong SAR

Tel: +86 (10) 8508 7082

Lewis Lu (lewis.lu@kpmg.com)

KPMG, Central China

Tel: +86 (21) 2212 3421

more across site & bottom lb ros

More from across our site

US partner Matthew Chen was named as potentially the first overseas PwC staffer implicated in the tax leaks scandal, in a dramatic week for the ‘big four’ firm
PwC alleged it has suffered identifiable loss and damage arising out of a former partner's unauthorised use of confidential information; in other news, Forvis Mazars unveiled its next UK CEO
Luxembourg saw the highest increase in tax-to-GDP ratio out of OECD countries in 2023, according to the organisation’s new Revenue Statistics report
Ryan’s VAT practice leader for Europe tells ITR about promoting kindness, playing the violincello and why tax being boring is a ‘ridiculous’ idea
Technology is on the way to relieve tax advisers tired by onerous pillar two preparations, says Russell Gammon of Tax Systems
A high number of granted APAs demonstrates the Italian tax authorities' commitment to resolving TP issues proactively, experts say
Malta risks ceding tax revenues to jurisdictions that adopt the global minimum tax sooner, the IMF said
The UK and what has been dubbed its ‘second empire’ have been found to be responsible for 26% of all countries’ tax losses by the Tax Justice Network
Ireland offers more than just its competitive corporate tax environment but a reduction in the US rate under a Trump administration could affect the country, experts tell ITR
The ‘big four’ firm was originally prohibited from tendering for government work until December 1 due to its tax leaks scandal, but ongoing investigations into the matter have seen the date extended
Gift this article