Notice of the State Administration of Taxation on the Taxation Policy on High - tech Business Incubators
Finance Bureau (Bureau), State Administration of Taxation, Local Taxation Bureau and Xinjiang Production and Construction Corps Finance Bureau of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the state plan:
Approved by the State Council, the relevant tax policies on technology business incubators (including Chongchuang Space, hereinafter referred to as incubators) are hereby notified as follows:
1. From January 1, 2016 to December 31, 2018, property tax and urban land-use tax exempted from the use of qualified incubators for their own use and free of charge or by renting them to hatching enterprises shall be exempted. From January 1, 2016 to April 30, 2016, business tax will be exempt from renting hatchery venues, houses and providing hatching services; during the pilot phase of business tax reform and VAT leasing, Venues, housing and providing hatching services, free of VAT.
II. Income of Incubators Complying with the Conditions of Non-profit Organizations Enjoy the preferential policies of enterprise income tax according to the Law of Enterprise Income Tax and its implementing regulations and relevant tax policies and regulations.
Third, to enjoy the real estate tax, urban land use tax as well as business tax and VAT preferential policies stipulated in this notice shall meet the following conditions at the same time:
(A) Incubators must meet the requirements of national science and technology business incubators. The administrative department of science and technology under the State Council is responsible for releasing the list of state-of-the-art technology incubators.
(2) The incubator shall separately finance the business revenue from incubating enterprises for renting venues, houses and providing incubation services.
(3) Incubator shall provide more than 75% (including 75%) of the site area to the incubator for the site area (including the public service venue) used by the incubator. The number of incubators should account for more than 75% of the total number of incubators (including 75%).
Public service venue refers to the incubator to provide incubators shared activities venue, including public restaurants, reception rooms, conference rooms, showrooms, activity rooms, technical testing rooms and libraries and other non-profit ancillary service venues.
Fourth, the "incubation enterprise" mentioned in this circular shall meet the following conditions at the same time:
(A) business registration and the main research and development, office space must be in the hatchery incubator site.
(B) the newly registered business or apply to enter the incubator before the establishment of the enterprise no more than 2 years.
(C) business incubation in the incubator does not exceed 48 months. Inclusion of "Innovative Talents Promotion Plan" and "Overseas High-level Talents Introduction Program" or engage in bio-medicine, integrated circuit design, modern agriculture and other special areas of start-ups, incubation time of not more than 60 months.
(D) meet the "SME zoning standards" under the provisions of small and micro-enterprises zoning standards.
(E) a single incubated enterprises settled in the incubation area of not more than 1,000 square meters. Engaged in aerospace and other special areas of incubation enterprises, not more than 3000 square meters.
(VI) Enterprise products (services) belong to the scope stipulated in the "High and New Technology Fields Supported by the State" issued by the Ministry of Science and Technology, the Ministry of Finance and the State Administration of Taxation.
V. "Incubation service" as used in this circular refers to the services provided by hatching enterprises in the scope of consulting and technical services in the "agency", "rental business" and "other service industries" in the "service industry" tax items of business tax The change of VAT refers to services such as "brokerage agency", "operating lease", "research and development and technology", "information technology" and "forensic consulting" provided to hatching enterprises.
Sixth, the provincial administrative department of science and technology is responsible for regularly verifying whether the incubator meets the requirements of this circular and submitting it to the science and technology administrative department of the State Council for examination and confirmation. The administrative department of science and technology under the State Council shall, after examination and verification, issue documentary evidence to the taxpayer specifying the address, scope and area of the real estate and land for hatching and send it to the tax department under the State Council.
Taxpayers hold the corresponding supporting documents for the record with the competent tax authorities, and the competent tax authorities handle the tax deductions in accordance with the relevant provisions of the "Administrative Measures on Tax Relief" and other information on the list of incubators released by the administrative department for science and technology under the State Council in conformity with the conditions specified in this circular.
Please follow the implementation.
Ministry of Finance
State Administration of Taxation
August 11, 2016