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
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