Other BriefingsChina Monthly Tax Brief: November 2025
In this China Monthly Tax Brief for November 2025, we highlight key taxation developments relevant to businesses.
November saw several significant tax and regulatory developments that continue to shape China’s broader efforts to refine enforcement practices, improve administrative predictability, and strengthen support for businesses, particularly foreign-invested enterprises. Recent measures issued by national and local authorities reflect a clear policy direction: tightening compliance standards while enhancing service transparency and clarifying long-standing procedural ambiguities.
This month’s brief highlights five notable updates. These include the Ministry of Finance (MOF) and the State Taxation Administration (STA)’s clarification of resource tax enforcement standards, a joint announcement by the STA and the Supreme People’s Court on handling tax matters in corporate bankruptcy, the issuance of a full-cycle tax service guide for foreign-invested projects, the new disciplinary rules for tax officials, and Shanghai’s refined procedures for non-profit organizations seeking tax-exempt qualification. Taken together, these developments signal continued progress toward a more unified, rule-based, and service-oriented tax administration environment.
MOF and STA clarified resource tax enforcement standards
To fully implement the Resource Tax Law of the People’s Republic of China, the MOF and STA recently issued the Announcement on Clarifying the Enforcement Standards for Resource Tax Policies (MOF STA Announcement [2025] No. 12).
This announcement does not introduce a new resource tax regime. Instead, it provides systematic and targeted refinements to address ambiguities, contentious points, and practical challenges encountered during the enforcement of the existing Resource Tax Law and its supporting policies. The primary objective is to unify enforcement standards nationwide, reduce uncertainty in policy implementation, close loopholes in tax collection, and ensure that tax policies are applied fairly, transparently, and efficiently.
What the rules do
Clearer tax base rules
The announcement refines how companies determine sales revenue for tax purposes, especially where no output VAT is generated at the final production stage. It also confirms that freight deductions and purchase deductions must exclude VAT.
For companies mixing purchased and self-produced products, the new rules tighten how deductions are calculated. If a company engages in both mixed sales and mixed processing, it must account for each separately. If this is impossible, mixed-sales rules apply by default. For companies engaged solely in mixed sales or mixed processing, a simplified method applies: the entire deductible amount for purchased products can be claimed in the purchase period, with any unused portion carried forward to subsequent periods.
Stronger scrutiny of related-party pricing
One of the most consequential changes for foreign-invested groups is the strengthened approach to abnormally low related-party prices. Tax authorities may adjust taxable revenue if a company sells products to a related entity at an unreasonably low price without justification. Acceptable justifications center on commercial logic: government-guided pricing, reasonable profit margins, or separate freight charges.
A notable rule: if raw ore is sold to a related party and later processed, authorities may reconstruct the price based on the final sale price of the processed ore minus reasonable processing costs and profit.
More precise product classifications
For businesses handling coal, salt, or rare earths, the update provides sharper definitions of what counts as raw ore versus processed ore. For example:
- Raw coal is coal with no deep processing beyond basic screening or crushing.
- Salt produced through brine evaporation is treated as processed ore.
-
The classification of rare earth products is determined by the processing techniques applied and the final product form.
These definitions directly affect tax rates.
Updated rules on non-taxable
The announcement expands non-taxable scenarios, such as:
- Taxable products confiscated by authorities
- Sand, gravel, and clay extracted on approved construction sites and used for backfilling
It also sharpens the definition of “continuous production” to clarify when internal transfers of materials remain non-taxable.
More detailed administration of reductions and exemptions
Existing statutory reductions remain unchanged, but the announcement provides more detailed standards for:
- Depleted mine eligibility
- How reductions are calculated
- What documentation companies must retain
- How backfill-mining quantities should be measured
For foreign companies operating mature or declining mining assets, this added clarity reduces uncertainty around long-term tax planning.
Why this matters for businesses
The overall message is that China is shifting toward tighter, more uniform enforcement. For foreign-invested resource companies, especially those involved in joint ventures, multi-province operations, or related-party transactions, this clarity reduces interpretive room but also strengthens predictability.
The focus on related-party pricing and product classification signals that regulators want greater transparency and cleaner cost-allocation structures. Companies relying heavily on internal transfers or cross-border valuation policies should take note.
The update also emphasizes documentation and record-keeping. In practice, this means more pressure on internal systems and accounting teams to ensure production data, freight records, and mixed-product calculations can withstand audit review.
What should companies do now?
First, businesses should reassess their compliance posture under the updated resource tax framework. This includes verifying that product classifications, particularly for coal, rare earths, and salt, are consistent with the revised definitions in MOF STA Announcement [2025] No. 12.
Companies should also review related-party pricing policies to ensure they reflect reasonable commercial substance and comply with strengthened transfer pricing rules. In addition, enterprises need to examine their accounting treatment for mixed sales and processing activities, confirming that deduction methods for purchased and self-produced taxable products meet the clarified requirements.
Meanwhile, it is essential to optimize internal management and accounting practices. Businesses should maintain accurate production records for raw ore, processed ore, and self-use quantities. Separate accounting for tax reduction items is critical to ensure exempt or reduced-tax projects can be independently and accurately calculated.
Furthermore, companies must prepare and archive all supporting documentation for tax benefits in line with the new compliance standards, as these materials will be key for audits and verification.
Finally, enterprises should update systems and strengthen communication with tax authorities. Financial systems and internal tax manuals should be upgraded to incorporate compliance requirements. At the same time, proactive engagement with local tax bureaus is recommended, particularly on complex issues such as related-party pricing or mixed business scenarios, to secure clarity and reduce compliance risks.
STA and the Supreme Court clarified tax matters in bankruptcy proceedings
To implement the central government’s directives on improving corporate bankruptcy mechanisms and market exit systems, and to advance tax administration reform, the STA and the Supreme People’s Court jointly issued Announcement [2025] No. 24.
What the rules do
This landmark guidance aims to standardize the handling of tax-related matters in bankruptcy proceedings, enhance enforcement certainty and consistency, and strike a balance between safeguarding state tax interests and protecting taxpayers’ lawful rights.
Key provisions include:
- Scope and categories of tax claims: Tax authorities, as creditors, must declare unpaid taxes (including education surcharges), late payment surcharges, fines, special tax adjustment interest; social insurance contributions and surcharges; and non-tax revenues collected by tax authorities with clear responsibility. Tax and social insurance contributions are declared separately under the Enterprise Bankruptcy Law, while surcharges, interest, and fines are treated as ordinary bankruptcy claims.
- Determination of tax claims: Tax claims are calculated up to the date the court accepts the bankruptcy application. Taxes arising after acceptance, such as those related to asset disposal or continued operations, are treated as bankruptcy expenses or common benefit debts and must be settled promptly. Importantly, even if the statutory filing deadline has not arrived, any tax obligation incurred before acceptance is deemed due.
- Administrator’s tax responsibilities: The bankruptcy administrator must fulfill tax obligations on behalf of the debtor, including filing returns, withholding taxes, and issuing invoices. Administrators may use their official seal for tax matters, and tax authorities must verify their identity information. Tax authorities are also required to cooperate with courts and administrators in accessing tax data and lift enforcement measures upon receiving the court’s acceptance ruling.
- Handling pre-bankruptcy tax violations: Tax authorities should issue penalty decisions and declare related claims before the end of the claim declaration period. If penalties are imposed later, they must be declared before the first creditors’ meeting votes on distribution or restructuring plans. For enterprises in abnormal tax status, overdue filings must be completed, penalties imposed, and status restored promptly.
- Support for restructuring and credit repair: In restructuring or settlement, unpaid surcharges, fines, and interest under the plan do not affect the enterprise’s eligibility for tax credit restoration or subsequent deregistration. For liquidated enterprises, tax authorities must issue clearance certificates and write off uncollectible debts upon receiving the court’s termination ruling.
- Implementation: Effective immediately, the announcement applies to all ongoing bankruptcy cases not yet concluded.
Why this matters for businesses
This announcement addresses long-standing pain points in tax administration during bankruptcy, such as unclear claim priorities, inconsistent enforcement, and operational uncertainty. By defining the scope and sequence of tax claims, clarifying the administrator’s role, and introducing mechanisms for credit repair, it provides a predictable framework for both tax authorities and businesses. Notably, its emphasis on facilitating corporate restructuring and restoring credit signals a strong policy orientation toward business revitalization and a market-oriented, rule-of-law business environment. For enterprises, this means greater clarity in compliance obligations during insolvency and improved prospects for post-restructuring recovery.
STA released a comprehensive tax service guide for foreign-invested projects
To systematically support the development of foreign-invested enterprises (FIEs) in China, the STA has released the Full-Cycle Tax Service Guide for Foreign-Invested Projects, a flagship achievement under the Tax Road service brand. This guide is the first to adopt a full lifecycle approach, integrating tax policies, service measures, and risk alerts into a single operational manual. It provides FIEs with a practical framework for tax planning, preferential policy application, and risk prevention throughout their investment journey in China.
What the rules do
The guide consolidates scattered tax rules and service channels into a unified roadmap, covering every stage of an enterprise’s lifecycle, including investment, construction, operation, and exit. It places special emphasis on preferential policies extended or newly introduced during 2024–2027.
Key benefits include:
- Strategic tax planning: Guidance on deferral policies for reinvested profits and technology-for-equity arrangements.
- Clear application pathways: Such as procedures for claiming R&D super deductions and high-tech enterprise status.
- Risk identification: Alerts on common pitfalls such as permanent establishment (PE) recognition and outbound payment compliance.
- Enhanced service access: Details on dedicated project managers, cross-border e-tax solutions, and multilingual consultation channels.
| Key Tax Incentives (Sample) | |||
| Stage | Key policy | Applicable entities | Policy highlights |
| Investment stage | Deferral of withholding tax on reinvested profits | Foreign investors | Eligible investors may enjoy direct deferral of withholding tax on reinvested profits. |
| Tax deferral for equity investment made through technology contributions | Enterprises/individuals | Tax payment may be deferred until the equity is transferred. | |
| Construction stage | One-off deduction for equipment and appliances (below RMB 5 million) | All enterprises | Equipment purchased from 2024 to 2027 can be fully deducted for tax purposes in the year of purchase. |
| VAT credit refund | General VAT taxpayers | Eligible taxpayers may apply for a refund of excess VAT credit. | |
| Production stage | R&D super deduction (100% / 120%) | Eligible resident enterprises |
Integrated circuit and industrial machine-tool enterprises may claim a 120 percent super deduction. |
| 15 percent CIT rate for high-tech enterprises | Certified high-tech enterprises | Must meet requirements on IP ownership, R&D personnel ratio, and revenue composition. | |
| Tax-favored allowances for foreign individuals | Foreign individuals meeting resident criteria | May choose between tax-exempt allowances or standard special additional deductions (one option only). | |
| Exit stage | Special tax treatment for equity transfers | Enterprise restructuring that meets relevant conditions | Deferral available if conditions such as a controlling relationship and commitment period are met. |
| CIT exemption and reduction for technology transfer income | Resident enterprises | Income up to RMB 5 million is exempt; excess amount is taxed at half rate. | |
Meanwhile, the guide provides some service innovations, such as:
- “Project manager” system: Dedicated tax liaison for major foreign-invested projects.
- Cross-border e-tax: Remote filing and payment for non-resident enterprises via the electronic tax bureau.
- Multilingual hotline (12366): Support in nine languages, including English, Japanese, and Korean etc.
- Direct system integration: Optional API connection for automated invoicing and filing.
In addition, the guide also summarizes key risk areas, common pitfalls, and recommended actions to help businesses strengthen compliance and reduce exposure.
|
Key Tax Risk Areas for FIEs |
||
| Risk area | Specific risks | Recommended actions |
| Permanent establishment (PE) determination | Overseas companies’ activities in China may constitute a PE, triggering corporate income tax obligations | Carefully assess China business activities and operating models to avoid unintentionally creating a PE |
| Treaty benefit entitlement | Failure to meet the “beneficial owner” requirement or incomplete documentation may result in ineligibility for treaty benefits | Self-assess compliance, retain all supporting documents for future review |
| Related-party transaction filing | Incorrect reporting of transaction types, lack of contemporaneous documentation, or non-compliant transfer pricing | Complete related-party filings on time, prepare contemporaneous documentation, and use a transfer pricing benchmarking study to ensure arm’s-length pricing |
| Outbound payment filing | Failure to file or withhold taxes for outbound payments may lead to late payment surcharges and penalties | Fulfill withholding obligations when outbound payments occur; for any single payment equivalent to US$50,000 or above, complete the required payment registration for service trade and similar transactions |
Why this matters for businesses
This guide is more than a compliance tool – it is a strategic resource for foreign investors navigating China’s complex tax landscape. By providing structured pathways for preferential policy access and risk mitigation, it empowers enterprises to optimize tax efficiency while maintaining regulatory integrity. For CFOs and tax managers, the guide serves as a blueprint for investment structuring, operational compliance, and exit planning, reducing uncertainty and enhancing predictability in cross-border operations.
Enterprises should integrate the guide into internal tax governance frameworks, transforming its content into actionable workflows, checklists, and training modules. This approach ensures alignment between policy understanding, compliance execution, and risk control, supporting sustainable growth in China’s evolving business environment.
STA released new disciplinary rules for tax officials
On November 24, 2025, the STA issued Order No. 60, releasing the Provisions on Disciplinary Actions for Tax Officials’ Misconduct in Tax Administration. Although the regulation is designed to govern tax officials’ conduct, it has important implications for taxpayers by clarifying the boundaries of lawful tax enforcement.
What the rules do
The provisions explicitly prohibit and punish several types of improper enforcement practices, including:
- Over-collection of taxes and fees, such as imposing taxes beyond what is legally required.
- Issuing decisions that conflict with tax laws or exceed officials’ authority,
such as imposing unlawful conditions, denying policy benefits without a basis, or requiring documents not prescribed by law. - Improperly adjusting invoice quotas or quantities, preventing businesses from obtaining or using invoices without legal justification.
- Colluding with local governments for improper investment solicitation, such as promising unauthorized tax incentives to attract investment.
Why this matters for businesses
By defining and penalizing these behaviors, the regulation effectively sets rigid boundaries for tax enforcement. This helps:
- Reduce uncertainty related to inconsistent or discretionary practices at the local level.
- Increase predictability in tax-enterprise interactions, especially in regions where enforcement varies.
- Improve transparency in how tax policies are applied.
In short, the rules aim to curb enforcement “flexibility” that sometimes resulted in undue burdens or compliance risks for businesses.
What taxpayers should take note of
While the regulation reduces risks arising from improper enforcement, it also raises expectations on taxpayers:
- Substantive compliance becomes more important: tax positions must be well-supported and commercially grounded.
- Stronger internal controls are needed, as clearer enforcement boundaries mean authorities may focus more strictly on taxpayers’ own documentation, transactions, and factual substance.
Overall, Order No. 60 signals the STA’s push toward more standardized, rule-based, and accountable tax administration, providing businesses with both stronger protection and higher compliance expectations
Shanghai refines and unifies the exemption qualification process for non-profit organizations
On November 5, 2025, the Shanghai Municipal Finance Bureau and Taxation Bureau jointly released the Notice on Improving the Administration of Tax-Exempt Qualification for Non-Profit Organizations in Shanghai (Hu Caishui [2025] No. 72). The notice refines and unifies the city’s management procedures for determining tax-exempt eligibility. It introduces a two-tier review mechanism, municipal and district level, based on the registration authority responsible for each non-profit organization, with both levels required to publish approved lists separately.
First-time applicants must submit their materials by the end of the month following the end of the quarter in which the organization is established or registered. Late submissions will not result in retrospective recognition for prior years. For renewals, organizations must file for re-examination within six months after the expiry of their exemption period (that is, by June 30 of the following year). The notice takes effect on December 1, 2025, and affected organizations should plan ahead and prepare their applications accordingly.
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