Local taxation bureau and foreign affairs sub-bureau in Chaoyang
District,
We now forward to you the Notice of the State Administration of
Taxation on How to Collect Personal Income Tax from the Employees
of Resident Offices of International Organizations in China, Embassies
and Consulates of Foreign Governments in China and Resident News
Agencies in China (G. S. H. [2004] No. 808), and notify you of the
following matters. Please implement them.
I. The competent tax authorities (Local Taxation Bureau of Chaoyang
District) shall, according to the Notice of Beijing Local Taxation
Bureau on Printing and Issuing `Temporal Method of Tax Withholding
Authorization¨ (J. D. S. Z. [2004] No. 546), authorize Beijing Service
Bureau for Foreign Officials or other appointed foreign affairs
service agents to withhold the personal income tax payable by the
Chinese employees employed and paid by the resident offices of international
organizations in China and the embassies and consulates of foreign
governments in China that enjoy diplomatic immunity, and sign with
the withholding agents an agreement on tax withholding authorization.
II. When withholding personal income tax, Beijing Service Bureau
for Foreign Officials or other appointed foreign affairs service
agents shall distinguish this kind of tax with the tax withheld
originally, i.e., the two kinds of tax shall be paid into treasury,
counted and declared separately.
III. The resident news agencies of each country in China shall
make tax withholding and remitting registration in their competent
tax authorities (foreign affairs taxation sub-bureau) in presence
of the copies of their certificates of resident news agencies in
China and the ID cards of their persons in charge to fulfill their
obligations to declare and withhold the personal income tax of Chinese
and foreign employees according to laws.
IV. The competent tax authorities shall make pertinent taxation
popularization, receive understanding and support from the resident
offices of international organizations in China, the embassies and
consulates of foreign governments in China and the resident news
agencies of each country in China, and implement the authorization
of tax withholding.
V. The commission charge for tax withholding authorization shall
be refunded at 2% of the amount of tax withheld.
Feb. 1, 2005
State Administration of Taxation
G. S. H. [2004] No. 808
Notice of the State Administration of Taxation on How to Collect
Personal Income Tax from the Employees of Resident Offices of International
Organizations in China, Embassies and Consulates of Foreign Governments
in China and Resident News Agencies in China
Local taxation bureaus in each province, autonomous region, municipality
and city directly under the state planning,
In order to strengthen the management of personal income taxation
and prevent losses of tax revenues, we now, in accordance with the
Personal Income Tax Law of People¨s Republic of China and Taxation
Management Law of the People's Republic of China, clarify the following
matters on the management of personal income tax payable by Chinese
and foreign employees working in resident offices of international
organizations in china, embassies and consulates of foreign governments
in china and resident news agencies in china:
I. According to Vienna Convention on Diplomatic Relations and
relevant regulations of international organizations, the Chinese
employees working in resident offices of international organizations
in china and embassies and consulates of foreign governments in
china, and the Chinese and foreign employees working in resident
news agencies in china shall pay their personal income tax in compliance
with the Personal Income Law of People¨s Republic of China.
II. According to international usage, the non-diplomat foreign
employees working in the resident offices of international organizations
in China and embassies and consulates of foreign governments in
China who are a ^permanent resident ̄ shall also pay their personal
income tax in the country where they reside, however, Chinese tax
laws still have no clear and obvious statutory definition and explanation
of a ^permanent resident ̄, so the foreign employees only working
in the resident offices of international organizations in China
and embassies and consulates of foreign governments in China shall
temporarily exempted from personal income tax.
If the diplomatic personnel and foreign employees working in the
resident offices of international organizations in China and embassies
and consulates of foreign governments in China earn money in China
from other channels other than official activities, they shall pay
personal income tax for such income.
III. According to the Personal Income Tax of People¨s Republic
of China, the units or individuals that directly pay the Chinese
employees working in the resident offices of international organizations
in China and embassies and consulates of foreign governments in
China shall be the withholding or remitting agents for the personal
income tax payable by such employees. Considering the particularity
of the resident offices of international organizations in China
and embassies and consulates of foreign governments in China, the
local tax authorities at each level may temporarily not demand the
resident offices of international organizations in China and embassies
and consulates of foreign governments in China to fulfill the obligation
of tax withholding and remitting.
IV. In view of the fact that Beijing Service Bureau for Foreign
Officials and the foreign affairs service agents appointed by the
People¨s government at province (city) level may find out through
some channels the employment state of Chinese employees working
in the resident offices of international organizations in China
and embassies and consulates of foreign governments in China, each
competent tax authority may, in accordance with Article 44 in the
Implementing Rules of Taxation Management of People¨s Republic of
China, authorize the foreign affairs service agents to withhold
the personal income tax payable by the above-said Chinese employees.
Each competent tax authority shall enhance their communication with
those foreign affairs service agents and go through the formalities
for authorization of personal income tax withholding.
V. Each foreign affairs service agent that has been authorized
to withhold personal income tax shall take effective measures to
find out the employment and income state of the Chinese employees
working in the resident offices of international organizations in
China and embassies and consulates of foreign governments in China,
withhold the tax strictly according to laws and submit to the competent
tax authorities monthly reports on relevant information.
VI. The provincial (city) local taxation bureaus in the areas
like Beijing, Shanghai, Guangdong and Sichuan, where there are foreign
resident news agencies in China shall periodically ask for the List
of Foreign Resident News Media in China from the foreign affairs
offices of the provincial people¨s government to find out the changes
in the employment of the foreign resident news agencies in China
and their foreign employees, and demand the above-said news agencies
to withhold the personal income tax of their Chinese and foreign
reporters and employees according to regulations.
June 23, 2004 |