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Foreign firms face further 5pc rise

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Foreign enterprises are facing a higher tax burden in the mainland under a new ruling by the State Administration of Taxation dealing with royalty charges on the transfer of intangible assets.

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KPMG Peat Marwick China tax principal Peter Kung advised investors to restructure their arrangements to minimise tax payouts.

According to the mainland's Foreign Enterprise Income Tax Law, foreign enterprises without a mainland establishment that receive royalties from mainland entities will be subject to a 10 per cent withholding tax.

The tax administration issued a clarification in January that a 5 per cent business tax would also be levied on cross-border royalties.

Under the latest ruling, foreign firms have to pay five percentage points more in tax on royalty receipts.

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Intangible assets cover patents, technology, copyrights and goodwill.

'We find regional governments have become more aggressive in tightening tax enforcement,' Mr Kung said.

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