AI companies are a priority category of technological innovation for the State and may claim a range of tax reliefs. Many, however, forgo reductions running into millions of renminbi because the relevant policies are not understood.

Super-deduction of R&D expenses

General enterprises (universal policy)

Under Announcement No. 7 of 2023 of the Ministry of Finance and the State Taxation Administration, the super-deduction of R&D expenses now applies uniformly across all industries:

TypeDeduction rateEffect
Expensed R&D expenditure100% additional deductionRMB 1 million incurred is deducted as RMB 2 million
Capitalised R&D expenditure200% amortisationAn intangible asset is amortised at 200% of its cost

Period of application: long-term.

Additional deduction for priority industries (integrated circuits and industrial mother machines)

Under Announcement No. 44 of 2023 of the Ministry of Finance and three other departments:

TypeDeduction ratePeriod
Expensed expenditure120% additional deduction (220% in total)1 January 2023 to 31 December 2027
Capitalised expenditure220% amortisationAs above

Other related expenses directly connected with R&D activity may not exceed 10% of the total R&D expenses eligible for the additional deduction.

Categories of eligible expenditure

CategoryEligible
Personnel costsYes
Direct input costsYes
DepreciationYes
Amortisation of intangible assetsYes
Design costsYes
Outsourced R&DYes (80% counted)
Other related expensesYes (up to 10% of the total)

High-tech enterprise recognition

Conditions

ConditionRequirement
Period since incorporationMore than one year
Intellectual propertyOwnership of the core technology
Field of technologyWithin the Catalogue of High-Tech Fields Supported by the State
Proportion of R&D personnelNot less than 10%
Proportion of R&D expensesRevenue of RMB 50 million or less: not less than 5%
RMB 50 million to RMB 200 million: not less than 4%
Above RMB 200 million: not less than 3%
Revenue from high-tech productsNot less than 60% of total revenue
Safety and environmentNo material safety incident or environmental violation within one year

Tax benefits of high-tech status

TaxBenefit
Enterprise income tax15% (25% for ordinary enterprises)
Equity awardsDeferred taxation where the conditions are met

Points for AI companies

Relief for technology contracts

VAT exemption

Under Announcement No. 10 of 2026 of the Ministry of Finance and the State Taxation Administration, from 1 January 2026 to 31 December 2027:

Type of contractVAT
Technology transfer contractExempt
Technology development contractExempt
Related technical consultancy and servicesExempt, where connected with a transfer or development

Income tax relief

TypeBenefit
Income from technology transferExempt up to RMB 5 million; the excess taxed at half rate
Technology development contractRelief available after recognition

Procedure

  1. Enter into a written technology transfer or development contract.
  2. Apply for recognition to the provincial science and technology or industry and information technology authority.
  3. Claim the relief on production of the contract and the recognition certificate.

Cross-border tax risks for AI companies

Transfer pricing

Related-party transactions of an AI company — licensing of intangibles, allocation of service costs, lending and borrowing — must follow the arm’s length principle. Under the BEPS project, three tiers of documentation may be required:

DocumentApplicability
Master fileConsolidated group revenue above the threshold
Local fileRelated-party transaction value above the threshold
Country-by-country reportGroup revenue above the threshold

Permanent establishment

Where an AI company supplies services cross-border through SaaS, API access or model licensing, a permanent establishment may be found, giving rise to a tax liability in the host jurisdiction.

Characterisation of income

Tax authorities apply substance over form:

Global minimum tax

The OECD/G20 two-pillar solution sets a 15% global minimum tax. From January 2026 the OECD has implemented the parallel package. Larger AI companies should assess the impact.

Tax compliance checklist for an AI company

ItemRequirement
Separate R&D accountsR&D must be accounted for separately and not commingled with operating expenses
Time recordsWorking hours spent by R&D personnel on R&D activity must be recorded
Project approval documentsEach R&D project requires an approval report
Maintenance of high-tech statusRe-recognition every three years
Technology contract recognitionRecognition by the science and technology authority before relief is claimed
Pricing of cross-border transactionsRelated-party transactions must follow the arm’s length principle
Equity incentive filingUnlisted companies must file with the tax authority

Frequently asked questions

Q: Do AI training costs count as R&D expenses? A: Yes. Purchased training data, annotation personnel costs, computing power rental and direct inputs to model training may all be included, provided there are project approval documents and separate accounts.

Q: We are still a small company. Should we apply for high-tech status? A: Where core intellectual property and R&D expenditure already exist, early application is advisable. High-tech status carries a 15% enterprise income tax rate against the standard 25%, which for a profitable company represents a substantial saving.

Q: Can the cost of outsourced model training be included in the additional deduction? A: Yes, but at 80% of the actual cost. A technology development contract should be signed with the service provider and an invoice obtained.


This article is prepared on the basis of the relevant announcements of the Ministry of Finance and the State Taxation Administration and the Measures for the Administration of the Recognition of High-Tech Enterprises. For assistance with tax compliance for an AI company, please contact Geason Law Offices.

Geason Law Offices AI Industry Research Group | Reviewed by Ho Qianggao