The transfer of a company's overall assets refers to a company transferring all of its business operations (including all assets and liabilities) or its independently accounted branch offices to another company without the need for dissolution. In return, the company receives equity (including shares or stocks, etc.) representing the capital of the receiving company. This includes legal shareholders of a joint-stock company using all of their business operations or independently accounted branches to purchase stocks from the joint-stock company.
Looking at relevant policies comprehensively, the overall transfer of an enterprise should be subject to the following tax treatment principles: no levy of business tax or value-added tax.
According to the provisions of "The Reply Regarding the Issue of Not Levying Business Tax on the Transfer of Enterprise Property Rights" (Guoshui Letter [2002] No. 165): The transfer of enterprise property rights involves the overall transfer of a company's assets, claims, debts, and...