1. Defining Entities
According to the "Notice from the Ministry of Finance and the State Administration of Taxation on the Income Tax Preferential Policies for Enterprises in the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Finance and Taxation [2024] No. 13, hereinafter referred to as the "Income Tax Preferential Notice"), and the "Notice from the Ministry of Finance and the State Administration of Taxation on the Continuation of Income Tax Preferential Policies for Enterprises in the Shenzhen Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Finance and Taxation [2021] No. 30, hereinafter referred to as the "Continuation of Income Tax Preferential Notice"), as well as the authorization from the Shenzhen Municipal Government, the tax authorities shall determine whether the main business of enterprises in the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone (hereinafter referred to as Qianhai Cooperation Zone) belongs to the "Income Tax Preferential Directory for Enterprises in the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone (2021 Edition)" (hereinafter referred to as the "Preferential Directory"). If such determination is difficult, the Shenzhen Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone Administration (hereinafter referred to as Qianhai Administration) shall be responsible for issuing opinions.
2. Applicable Subjects
In accordance with the provisions of the "Income Tax Preferential Notice" and the "Continuation of Income Tax Preferential Notice," the tax authorities will define enterprises whose main business is difficult to determine as belonging to the "Preferential Directory."
3. Work Procedure
The tax authorities shall submit a request for definition to the Qianhai Administration for enterprises for which it is difficult to determine whether the main business falls under the "Preferential Directory," and will include the list of enterprises along with relevant information.
The Qianhai Administration shall notify the enterprises within 10 working days from the date of receiving the definition request from the tax authorities to provide the necessary materials as required, specifically including:
The "Qianhai Enterprise Income Tax Preferential Industry Definition Service Information Collection Form";
The relevant materials listed in the "Key Points and Material List for Qianhai Enterprise Income Tax Preferential Industry Definition" (see attachment) corresponding to the Preferential Directory.
If an enterprise fails to provide the required materials as stipulated, resulting in an inability to accurately define whether its main business belongs to the "Preferential Directory," the enterprise shall bear the adverse consequences.
If the materials provided by the enterprise are complete and in the required format, the Qianhai Administration will accept the submission. From the date of making the acceptance decision, the Qianhai Administration shall, in principle, provide an opinion to the tax authorities within 30 working days (excluding the time for expert review). In special circumstances, with the approval of the relevant definition working review team of the Qianhai Administration, the period may be extended by no more than 20 working days.
4. Credit Facilitation
For "Class A Enterprises" classified according to the Qianhai credit and tax rating, the Qianhai Administration may enhance work efficiency through methods such as material sampling checks or providing on-site verification services, thereby offering conveniences for high-quality enterprises.
5. Definition of Terms
For the purposes of these guidelines, "Qianhai Cooperation Zone" refers to the area designated in the "Comprehensive Deepening Reform and Opening Up Plan for the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" issued by the Central Committee of the Communist Party of China and the State Council.
The "Class A Enterprises" referred to in these guidelines are enterprises classified by the Qianhai Administration in conjunction with the tax authorities based on the requirements for credit risk classification management, looking at the enterprise's tax credit level and social credit level as well as considering factors such as business operations, tax risks, and negative monitoring.
6. Implementation Period
These guidelines shall take effect from September 1, 2024, and remain in force until December 31, 2026. The "Notice from the Shenzhen Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone Administration on Issuing the 'Service Guidelines for Defining Enterprise Income Tax Preferential Industries in Qianhai'" (Shenzhen Qianhai [2022] No. 4) is hereby revoked simultaneously.