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1. Where a foreign-invested enterprise reinvests
its accumulation fund (or development, reserve fund) and increase
the registered capital of the enterprise accordingly, the tax rebate
for reinvestment shall apply to the foreign investor's share in
the above reinvestment.
2. The provision of Article 80.1 of the Implementation Rules of
the Income Taxation Law on Foreign-invested Enterprise regarding
direct reinvestment in other enterprise with foreign investment
shall include: (1) in case of reinvesting and establishing a new
foreign-invested enterprise, the reinvested amount shall constitute
the registered capital of the new enterprise; (2) reinvestment in
other existing company (including purchasing of other existing company's
shares) shall result in the increase of the registered capital of
the existing foreign-invested enterprise.
3. Where a foreign investor reinvests the after-tax profit of a
foreign-invested enterprise of a calendar year once or time after
time, the total reinvested amount for the purpose of the calculation
of tax rebate shall not exceed a limit calculated according to the
foreign investor's shares and a particular formula.
4. Wholly foreign-owned enterprises that only engage in investment
business and enjoy tax rebate shall include enterprises that specially
engage in investment and certain relevant businesses.
----Rose He
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