Operations CN

Tax Compliance

AI companies spend most capital on R&D, making two incentives decisive: the R&D super-deduction and high-tech enterprise status. Both hinge on the accounts and the evidence file.

The saving is real — but it is documentation that decides whether you get it

R&D typically absorbs the majority of an AI company’s spend. Two incentives follow from that: the R&D super-deduction, which allows an additional 100% of qualifying R&D expense to be deducted, and high-tech enterprise status, which reduces the corporate income tax rate from 25% to 15%.

Neither is automatic. Both turn on whether R&D activity was identified at the outset, whether costs were booked to the right project, and whether a subsidiary ledger exists that a tax authority can audit. The recurring failure pattern is the same: the technical work was real, the accounting was not separated, and the benefit is lost — usually discovered during financing diligence, when it is too late to reconstruct three years of records.

What we do


What is different for an AI company

Typical situations

Situation 1: The R&D was real, the ledger was not

Substantial spend goes into model training, but no separate R&D cost category exists. GPU compute, data labelling and evaluation costs sit inside general operating expenses. At annual filing the super-deduction is claimed and refused — not because the activity failed the test, but because no project-level subsidiary ledger supports the allocation.

Our approach: establish the R&D subsidiary ledger at the start of the year, not at filing. Book compute, data acquisition, R&D payroll and outsourced testing to named projects, each with a project initiation and completion record, so that the deduction rests on documents rather than on assertion.

Situation 2: One indicator short at certification

An AI company applies for high-tech enterprise status and fails on the IP indicator — two software copyrights where the assessment expects a stronger portfolio across the recent three years. The technology is genuinely proprietary; the registrations simply were never filed.

Our approach: start IP planning two to three years ahead. Certification turns on three groups of indicators — IP ownership, R&D expense ratio against revenue bands, and commercialisation of research outcomes — and each is built over time rather than assembled in the application month.

Situation 3: Overseas revenue with no cross-border structure

International revenue grows, but the architecture was never designed. Revenue is taxed domestically at 25%, treaty relief is not used, and withholding tax deducted by overseas customers cannot be credited because residence and beneficial ownership were never documented.

Our approach: design the structure around where the business actually operates — treaty access for withholding rates, substance in the jurisdiction that claims benefits, and contemporaneous transfer pricing documentation to support the allocation.


Process and deliverables

StageWorkDeliverables
1Tax health check, risk identificationTax risk assessment
2R&D cost pooling, subsidiary ledger designLedger template + allocation methodology
3Certification planning, IP and indicator roadmapCertification plan + evidence checklist
4Cross-border structuring where requiredStructure design + architecture map
OngoingAnnual filing support, regulatory trackingFiling pack + compliance alerts

AI-specific deliverables

Frequently asked

How much does the super-deduction actually save? Qualifying R&D expense may be deducted at 200% of the amount incurred. At the 25% rate, RMB 1 million of qualifying R&D reduces tax by RMB 500,000. Where high-tech status also applies at 15%, the combination is worth more again — but both depend on the same evidentiary base.

How long does high-tech status last? Three years, after which reassessment is required. Reassessment preparation should begin roughly six months before expiry, because the indicators must be evidenced across the whole period, not just the final year.

Do model training costs count as R&D expense? Compute, training-data acquisition, labelling and model evaluation can all qualify. What determines eligibility is project-level substantiation: an approved project, costs booked to it, and a ledger that reconciles to the financial statements.

Why does tax matter at financing? Because diligence reads the tax file as a proxy for management discipline. Clean R&D pooling and a certification in place shorten diligence; unreconciled treatment lengthens it and, in practice, shows up in valuation.


Further Reading

Rule changes, enforcement cases and practical judgments around this service, listed in publication order.

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