(a) Phi Ltd is a company set up in Guangzhou. In 2014 Phi Ltd incurred the following expenses:
(1) A consultancy fee of RMB3,500 for services provided in China paid to Mr Xie, who is a China tax resident.
(2) A consultancy fee of RMB70,000 for services provided in China paid to Ms Ma, who is not a China tax resident.
(3) A royalty of RMB80,000 paid to Deji Ltd, which is a China tax resident enterprise.
(4) A royalty of RMB90,000 paid to Backa Ltd, which is not a China tax resident enterprise.
Required:
For each of the four payments, state whether Phi Ltd will be a withholding agent for income tax, and where Phi Ltd is the withholding agent, calculate the amount of income tax to be withheld.
Note: Ignore value added tax and business tax, and any tax incentives available under tax treaties.
Phi Ltd
Tax withholding obligations
(1) Withholding agent. 1
(2) Withholding agent. 1
(3) Not withholding agent. 1
(4) Withholding agent. 1
Tax to be withheld
(1) Individual income tax of RMB540 ((3,500 – 800) x 20%). 1
(2) Individual income tax of RMB15,400 (70,000 x (1 – 20%) x 40% – 7,000). 1
(4) Enterprise income tax of RMB9,000 (90,000 x 10%).