How much tax you should pay to wire a service fee out of mainland China?
Posted: Tue Nov 30, 2021 11:16 am
Case:
Company A (a Chinese company) plans to pay 10k RMB to Company B (a Spanish company) for a service that B provides to A. Can A just directly wire the money out to B in Spain? Does A need to declare and pay any tax for this payment?
Answer:
There are two scenarios, defined by where the service has taken place:
1) if the service happened in mainland China, then A needs to declare the payment and pay the VAT (at the rate of 6%) and company income tax (at the rate of 10%) to the tax office and then ask for a TAX-PAID proof from the Chinese tax office. When remitting the service payment, A should bring the corresonding service contract and the TAX-PAID proof to the bank to submit the payment. Will Company B, the Spanish company need to pay company income tax on their end in Spain? No, since there is international tax treaty between China and Spain, companies do not need to pay income taxes in both countries. Therefore, with the TAX-PAID proof from China tax office, Company B does not need to pay company income tax in Spain for the transfer. But rather, B has already paid the relevant taxes in China by having the amount of tax deducted from the payment before A wires it to B.
2) if the service happened in Spain, then A can directly wire the payment to B and leaves B to declare and pay company income tax according to the tax law and regulations in Spain.
For similar business transactions between a company in mainland China and the other in another country/region, tax should be handled in accordance with the corresponding tax agreement.
Find the "List of Tax Agreement to Avoid Double Tax Taxation Between P.R.C & Other Regions" here http://www.chinatax.gov.cn/chinatax/n81 ... _ssty.html
(Reference link from China national tax office website )
Company A (a Chinese company) plans to pay 10k RMB to Company B (a Spanish company) for a service that B provides to A. Can A just directly wire the money out to B in Spain? Does A need to declare and pay any tax for this payment?
Answer:
There are two scenarios, defined by where the service has taken place:
1) if the service happened in mainland China, then A needs to declare the payment and pay the VAT (at the rate of 6%) and company income tax (at the rate of 10%) to the tax office and then ask for a TAX-PAID proof from the Chinese tax office. When remitting the service payment, A should bring the corresonding service contract and the TAX-PAID proof to the bank to submit the payment. Will Company B, the Spanish company need to pay company income tax on their end in Spain? No, since there is international tax treaty between China and Spain, companies do not need to pay income taxes in both countries. Therefore, with the TAX-PAID proof from China tax office, Company B does not need to pay company income tax in Spain for the transfer. But rather, B has already paid the relevant taxes in China by having the amount of tax deducted from the payment before A wires it to B.
2) if the service happened in Spain, then A can directly wire the payment to B and leaves B to declare and pay company income tax according to the tax law and regulations in Spain.
For similar business transactions between a company in mainland China and the other in another country/region, tax should be handled in accordance with the corresponding tax agreement.
Find the "List of Tax Agreement to Avoid Double Tax Taxation Between P.R.C & Other Regions" here http://www.chinatax.gov.cn/chinatax/n81 ... _ssty.html
(Reference link from China national tax office website )