Policy analysis on business tax exemption for offshore service outsourcing income
According to Caishui Notice No 64, the business tax on offshore service outsourcing income could be exempted. On 23rd Dec, 2010, Beijing issued 2010 NO 6 Notice regarding “Follow-up measures on Beijing local tax bureaus cancelling approval items on business tax exemption on technology transaction (Trial)”, and made explicit regulations on application related items.
According to Notice NO 6, outsourcing enterprises in Beijing who apply business exemption should firstly apply outsourcing contracts confirmation to Beijing Commerce Commission and provide offshore service outsourcing contracts (Chinese version and foreign version) with signature or seal. The specific procedures of contracts confirmation please refer to “offshore service outsourcing contracts confirmation guidance” on Beijing Commerce Commission website.
After contracts confirmation, enterprises should provide application reports, contracts and confirmation form of Beijing Commerce Commission, to tax authorities for record.
After record in tax authorities, enterprises should fill and submit application form and technology income verification form during tax declaration.
If the amount of outsourcing income exceeds the amount in verification form, enterprise should provide written situation statement and supplementary contracts to tax authorities for confirmation, business tax could only be exempted after tax authorities’ confirmation.
Meanwhile, tax authorities should check and verify enterprises’ application, make trace analysis and statistics, report to Beijing business tax authorities monthly and proactively communicate with supervisors once problems.

