Individual Income Tax Withholding for 2010 Divi...
Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take
no responsibility for the contents of this announcement, make no representation as to its accuracy
or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising
from or in reliance upon the whole or any part of the contents of this announcement.
DATANG INTERNATIONAL POWER GENERATION CO., LTD.
(a sino-foreign joint stock limited company incorporated in the People's Republic of China)
(Stock Code: 00991)
ANNOUNCEMENT
EXPLANATION IN RELATION TO INDIVIDUAL
INCOME TAX WITHHOLDING ARRANGEMENTS
FOR 2010 HSHARE DIVIDENDS
Reference is made to the Announcement of 2010 Annual Results dated 22 March 2011
and the Announcement on Resolution Passed at the 2011 Second Extraordinary
General Meeting dated 26 August 2011 by Datang International Power Generation
Co., Ltd. (the "Company"). The Company hereby announces further information in
relation to the payment of 2010 H-share dividends as follows:
The profit distribution proposal for 2010 of the Company was approved at the 2011
second extraordinary general meeting of the Company. The Company will pay the
dividends for the year ended 31 December 2010 of RMB0.07 per share (tax
inclusive)(the "2010 Dividend") in Hong Kong dollars on Friday, 21 October 2011 to
holders of H shares whose names appear on the register of members of the Company
at the close of business, i.e. 4:00 p.m., on 4 May 2011 (the "Record Date"). The 2010
Dividend payable by the Company to holders of H shares in Hong Kong dollars shall
be converted at the average closing exchange rate of Hong Kong dollars to Renminbi
as announced by the People's Bank of China over each of business days within the
week immediately preceding 26 August 2011 (i.e., the date on which the 2011 Second
Extraordinary General Meeting was convened). Accordingly, the applicable exchange
rate for the payment of the 2010 Dividend was determined as HK$1=RMB0.82036,
and the 2010 Dividend of H shares of the Company shall be approximately
HK$0.08533 per share (tax inclusive).
Due to the recent changes in PRC tax laws and regulations, the "Circular on the
Questions Concerning Taxes on Pro?ts Earned by Enterprises with Foreign
Investment, Foreign Enterprises and Individual Foreigners from Transfer of Stocks
(Stock Rights) and on Dividend Income" (Guo Shui Fa [1993] No.45) issued by the
State Administration of Taxation (the "Circular") was repealed pursuant to the
"Announcement on the List of Fully and Partially Invalid and Repealed Tax
Regulatory Documents". According to the Circular, individual foreigners who are
holders of H shares are temporarily exempted from individual income taxes in respect
of the dividend (bonus) paid by PRC domestic enterprises which issued such H
shares. As the Circular has been repealed, the Company can no longer rely on the
Circular as the basis for the individual shareholders who hold the Company's H shares
and whose names appear on the register of holders of H shares of the Company on the
Record Date (the "Individual H Shareholders") to be exempted from
individual income tax when the Company distributes the 2010 Dividend.
Pursuant to the "PRC Individual Income Tax Law", the
"Implementation Regulations of the PRC Individual Income Tax Law",
the "Notice of the State Administration of Taxation in relation to
the Administrative Measures on Preferential Treatments Entitled by
Non-residents under Tax Treaties (Tentative)" (Guo Shui Fa [2009]
No.124) (the "Tax Treaties Notice"), other relevant laws and
regulations and the relevant rules promulgated by the State
Administration of Taxation, as the Circular has been repealed, the
Company shall withhold and pay the individual income tax in respect
of the dividend (bonus) received by the Individual H Shareholders from
the Company. The Individual H Shareholders of the Company are
entitled to the relevant tax preferential treatments pursuant to the
tax treaties between the PRC and the countries where the Individual H
Shareholders are domiciled and the tax arrangements between Mainland
China and Hong Kong (Macau). The Company will determine the country
of domicile for the Individual H Shareholders based on the registered
addresses as recorded in the register of holders of H shares of the
Company on the Record Date. Detailed arrangements are as follows:
-- For an Individual H Shareholder who is a Hong Kong or Macau
resident or whose country of domicile is a country which has
entered into a tax treaty with the PRC stipulating a dividend tax
rate of 10%, the Company will withhold and pay individual income
tax at the rate of 10% on behalf of the Individual H Shareholder;
-- For an Individual H Shareholder whose country of domicile is a
country which has entered into a tax treaty with the PRC
stipulating a dividend tax rate of less than 10%, the Company
will withhold and pay individual income tax at the rate of 10% on
behalf of the Individual H Shareholder. If the relevant
Individual H Shareholder would like to apply for a refund of the
excessive amount of tax withheld and paid, the Company can handle
the application for the preferential treatment under the relevant
tax treaty on behalf of such Individual H Shareholder, provided
that the shareholder shall submit to the Company the information
required under the Tax Treaties Notice within the period stated
below. Upon examination and approval by the competent tax
authorities, the Company will assist in refunding the excessive
amount of tax withheld and paid;
-- For an Individual H Shareholder whose country of domicile is a
country which has entered into a tax treaty with the PRC
stipulating a dividend tax rate of more than 10% but less than
20%, the Company will withhold and pay individual income tax at
the actual tax rate stipulated in the relevant tax treaty; and
-- For an Individual H Shareholder whose country of domicile is a
country which has entered into a tax treaty with the PRC
stipulating a dividend tax rate of 20%, or a country which has
not entered into any tax treaties with the PRC, or under any
other circumstances, the Company will withhold and pay individual
income tax at the rate of 20% on behalf of the Individual H
Shareholder.
If the domicile of an Individual H Shareholder is not the same as the
country shown in the registered address of such shareholder as
recorded in the register of holders of H shares of the Company or if
the relevant Individual H Shareholder would like to apply for a
refund of the excessive amount of tax withheld and paid, the
Individual H Shareholders shall notify and provide relevant
supporting documents to the Company on or before 21 October 2011.
Upon examination of the supporting documents by the competent tax
authorities, the Company will strictly follow the guidance given by
the tax authorities to implement the relevant tax withholding
provisions and arrangements. Individual H Shareholders may either
personally or appoint a representative to handle the relevant
procedures in accordance with the relevant requirements under the Tax
Treaties Notices if they are not able to provide the relevant
supporting documents to the Company within the period stated above.
Shareholders are recommended to consult their tax advisers regarding
the PRC, Hong Kong and other tax implications arising from their
holding and disposal of H shares of the Company.
By Order of the Board
Zhou Gang
Secretary to the Board
Beijing, the PRC, 10 October 2011
As at the date of this announcement, the Directors of the Company are:
Liu Shunda, Hu Shengmu, Cao Jingshan, Fang Qinghai, Zhou Gang, Liu Haixia,
Guan Tiangang, Su Tiegang, Ye Yonghui, Li Gengsheng, Li Yanmeng*, Zhao Zunlian*,
Li Hengyuan*, Zhao Jie* and Jiang Guohua*.
* Independent non-executive Directors