2025-03-11Brief Introduction on Tax-related Issues for Intangible Assets in China
(1) |
Value-added Tax The transfer of intangible assets is the sale of intangible assets and is subject to VAT. If the relevant provisions of the conditions for technology transfer are met, they can be exempted from VAT. |
(2) |
Enterprise Income Tax ① An enterprise transferring or selling intangible assets requires the recognition of taxable income at its fair value. ② The cost of intangible assets created by the enterprise has been deducted before tax in the previous period, so the amount that can be deducted before tax at the time of transfer is zero. ③ If an enterprise invests in intangible assets and satisfies the relevant provisions of "income from the transfer of non-monetary assets recognized by foreign investment in non-monetary assets", the transfer income may be evenly included in the taxable income of the corresponding year in installments within a period of not more than 5 years, and the enterprise income tax shall be calculated and paid in accordance with the regulations. ④ If the enterprise transfers intangible assets without compensation and satisfies the conditions for special tax treatment, the income may not be recognized. ⑤ If an enterprise transfers a patent to the outside world, if it meets the relevant conditions for technology transfer stipulated in the Enterprise Income Tax Law, the part of the technology transfer income that does not exceed 5 million yuan in a tax year is exempted from enterprise income tax; The part exceeding 5 million yuan will be halved to levy corporate income tax. |