China’s Corporate Income Tax Law: Taxation Administration

China’s Corporate Income Tax Law:  Taxation Administration
In addition to the Corporate Income Law, the collection and management of corporate income tax shall also be subject to the applicable provisions of the Law of the PRC on the Administration of Tax Collection.
1. Tax payment period
Corporate income tax is calculated on a tax year basis. Each tax year shall start from January 1st to December 31st in Gregorian calendar. Where an enterprise starts or terminates its business operation during a tax year, resulting in an actual operating period of less than 12 months, the actual operating period shall be deemed as a tax year. When an enterprise is liquidated in accordance with the law, the liquidation period shall be deemed as a tax year.
Corporate income tax is prepaid on a monthly or quarterly basis. A company shall submit a tax return for its monthly or quarterly corporate income tax payable to the tax authority and prepay the tax within 15 days from the end of each month or quarter.
A company shall submit a tax return for its annual corporate income tax payable to the tax authority, settle accounts, pay the tax, and settle the payable and refundable taxes within 5 days from the end of each year.
If an enterprise terminates its business operation during a year, it shall pay the current corporate income tax to the tax authority within 60 days from the date of actual termination of business operation.
A company shall declare and pay corporate income tax to the tax authority after settling accounts before deregistration.
2. Tax payment places
Unless otherwise stipulated by tax laws and administrative regulations, a resident enterprise shall pay taxes to the tax authority in the place where the enterprise is registered; Provided that if it is registered overseas, it shall pay taxes to the tax authority in the place where its actual managing body is located.
If a non-resident enterprise obtains the income specified in the second paragraph of Article 3 of the Corporate Income Law, it shall pay taxes to the tax authority in the place where its branch or premise is located. Where a non-resident enterprise has two or more branches or premises within the territory of the PRC, it may choose to pay corporate income tax by its main branches or premises upon approval by the tax authorities.
If a non-resident enterprise obtains the income specified in the third paragraph of Article 3 of the Corporate Income Law, it shall pay taxes to the tax authority in the place where its withholding agent is located.