中华人民共和国外商投资企业和外国企业所得税(10)

中华人民共和国外商投资企业和外国企业所得税法(英文版)

Article 10

Any foreign investor of an enterprise with foreign investment which

reinvests its share of profit obtained from the enterprise directly into that enterprise by increasing its registered capital, or uses the profit

as capital investment to establish other enterprises with foreign

investment to operate for a period of not less than five years shall, upon approval by the tax authorities of an application filed by the investor, be refunded forty percent of the income tax already paid on the reinvested amount. Where regulations of the State Council provide otherwise in

respect of preferential treatment, such provisions shall apply. If the

investor withdraws its reinvestment before the expiration of a period of

five years, it shall repay the refunded tax.

Article 11

Losses incurred in a tax year by any enterprise with foreign investment

and by an establishment or a place set up in China by a foreign enterprise to engage in production or business operations may be made up