Announcement on Matters relating to the Pre-tax Deduction of Public Welfare Donations
Announcement on Matters relating to the Pre-tax Deduction of Public Welfare Donations
Announcement on Matters relating to the Pre-tax Deduction of Public Welfare Donations
Announcement of the Ministry of Finance, the State Taxation Administration and the Ministry of Civil Affairs [2020] No.27
May 13, 2020
To implement the Law of the People's Republic of China on Enterprise Income Tax and its implementing regulations, and the Individual Income Tax Law of the People's Republic of China and its implementing regulations, the matters relating to the pre-tax deduction of public welfare donations are hereby announced as follows:
I. Expenditures on donations for the cause of public welfare and charity that meet the legal requirements, made by enterprises or individuals through public-interest social organizations or state organs including people's governments at or above the county level and their departments, are deductible from taxable income in accordance with the provisions of the applicable tax law.
II. The cause of public welfare and charity referred to in Article 1 hereof shall comply with the provisions of Article 3 of the Law of the People's Republic of China on Donations for Public Welfare as regards the scope of public welfare, or the provisions of Article 3 of the Charity Law of the People's Republic of China pertaining to charitable activities.
III. Public-interest social organizations referred to in Article 1 hereof include charitable organizations, other social organizations and mass organizations established or registered in accordance with the law which have obtained the qualifications for pre-tax deduction of public welfare donations in accordance with the prescribed conditions and procedures. The confirmation and administration of the qualifications for pre-tax deduction of public welfare donations shall be subject to the prevailing provisions for public welfare mass organizations, and to the Announcement for charitable organizations and other social organizations registered in accordance with the law.
IV. To be qualified for pre-tax deduction of public welfare donations, charitable organizations and other social organizations (collectively "social organizations") registered with civil affairs departments in accordance with the law shall comply with the following:
1. They shall meet the conditions stated in Item 1 through Item 8 of Article 52 of the Implementing Regulations of the Enterprise Income Tax Law;
2. They shall submit an audited special information report of the previous year to the registration management authorities by March 31 as required, stating the overall situation of financial receipts and expenditures as well as assets and liabilities, and situations of fundraising and donation acceptance, expenditures on the cause of public welfare and charity and administration expenses (including the proportions specified in Items 3 and 4 of this Article);
To have the qualifications for pre-tax deduction of public welfare donations confirmed for the first time, they shall submit an audited special information report on the previous two years;
3.
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Announcement of the Ministry of Finance, the State Taxation Administration and the Ministry of Civil Affairs [2020] No.27
May 13, 2020
To implement the Law of the People's Republic of China on Enterprise Income Tax and its implementing regulations, and the Individual Income Tax Law of the People's Republic of China and its implementing regulations, the matters relating to the pre-tax deduction of public welfare donations are hereby announced as follows:
I. Expenditures on donations for the cause of public welfare and charity that meet the legal requirements, made by enterprises or individuals through public-interest social organizations or state organs including people's governments at or above the county level and their departments, are deductible from taxable income in accordance with the provisions of the applicable tax law.
II. The cause of public welfare and charity referred to in Article 1 hereof shall comply with the provisions of Article 3 of the Law of the People's Republic of China on Donations for Public Welfare as regards the scope of public welfare, or the provisions of Article 3 of the Charity Law of the People's Republic of China pertaining to charitable activities.
III. Public-interest social organizations referred to in Article 1 hereof include charitable organizations, other social organizations and mass organizations established or registered in accordance with the law which have obtained the qualifications for pre-tax deduction of public welfare donations in accordance with the prescribed conditions and procedures. The confirmation and administration of the qualifications for pre-tax deduction of public welfare donations shall be subject to the prevailing provisions for public welfare mass organizations, and to the Announcement for charitable organizations and other social organizations registered in accordance with the law.
IV. To be qualified for pre-tax deduction of public welfare donations, charitable organizations and other social organizations (collectively "social organizations") registered with civil affairs departments in accordance with the law shall comply with the following:
1. They shall meet the conditions stated in Item 1 through Item 8 of Article 52 of the Implementing Regulations of the Enterprise Income Tax Law;
2. They shall submit an audited special information report of the previous year to the registration management authorities by March 31 as required, stating the overall situation of financial receipts and expenditures as well as assets and liabilities, and situations of fundraising and donation acceptance, expenditures on the cause of public welfare and charity and administration expenses (including the proportions specified in Items 3 and 4 of this Article);
To have the qualifications for pre-tax deduction of public welfare donations confirmed for the first time, they shall submit an audited special information report on the previous two years;
3.
......