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Steps for Registering a Technology Import Contract in China

Posted by attorney David Murray

Steps for Registration Within 30 days of signature of the Contract, the Chinese party must either register or file the Contract with its tax authority. If the Contract is for the provision of technical services, the foreign party must register with the relevant Chinese tax bureau within 30 days of signature of the Contract. A Contract must be registered with the COFTEC within 60 days of signature by all parties unless the fees payable to a party under the Contract is to be determined by reference to a formula and the elements of the formula are to be determined on a future date. Where this is the case, the Contract must be registered with COFTEC within 60 days after all the elements of the formula have been ascertained. During the performance of the Contract, whenever the elements are re-determined, the registration of the Contract with COFTEC must be amended. If the Contract is a license, the Chinese party must make a tax filing on behalf of the foreign party before each payment. If a Contract is for the provision of technical services, the foreign party must make a tax filing to the Chinese tax bureau on a quarterly basis and de-register the Contract within 15 days after the completion of all the services. The Chinese party must file each payment made under the Contract with the Chinese tax bureau after it receives each invoice from the foreign party.

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