The subsidiary must conduct independent accounting and declare and pay taxes independently. The branch company is not an independent legal person and can not be accounted for independently. The income tax can be consolidated and settled in the head office. The subsidiary shall calculate the tax payable separately, pay the tax in the place of registration, and apply the provisions of monthly (or quarterly) prepayment and year-end final settlement. After being established as a branch, the provisions on cross regional consolidated payment of enterprise income tax shall be implemented in the collection and management of enterprise income tax. For relevant corporate income tax approval and filing matters, the subsidiary shall collect and sort out the data by itself and apply to the local competent income tax authority. The branch shall collect and sort out the data by the head office and apply to the local income tax authority where the head office is located.
Legal basis
Article 50 of the Enterprise Income Tax Law of the People's Republic of China, unless otherwise provided by tax laws and administrative regulations, resident enterprises shall pay tax at the place where the enterprise is registered; However, if the place of registration is overseas, the place where the actual management organization is located shall be the place of tax payment. Where a resident enterprise establishes a business organization in China that does not have the status of a legal person, it shall collect, calculate and pay enterprise income tax.