Requirement for
capital contribution
1. Capital reserve funds are set aside on the basis of 10%
of the after-tax profits. When it accumulates to the level
equal to 50% of the registered capital, the company can stop
setting aside the capital reserve funds. When the company has
incurred a loss, the profit for the year should first be used
to make up for the losses incurred during previous years.
2. The PRC law requires the directors to transfer 5% of the
after-tax profit to the staff provident funds, which are
wholly set aside for the welfare of the company staff, such as
building staff quarters, nurseries, and the barber's
shops.
3. After the appropriation of the capital reserve and staff
provident funds, the directors can allocate the profits to
discretionary capital reserve funds.
4. The directors can declare dividends from the retained
earnings after the appropriation of those funds, as mentioned
above.
Declaration of dividend
The board of directors should pass a resolution for the
distribution of dividends after fulfilling the statutory
obligation toward the two provident funds. To remit the
dividends outside China, the PRC Company should obtain the
"income tax payment certificate" or "income tax exemption
certificate" issued by the local branches of the tax
department, as well as the capital examination and audited
report issued by China CPA firms. Note that PRC tax law does
not impose income tax on the dividends distributed by the
foreign investment enterprises to the foreign shareholders. As
from 2008, foreign company that receives dividends from China
is subject to income tax at 10% (5% for Hong Kong and
Singapore companies). Please refer to 'Taxation of foreign
companies'. |