TAXATION

12 Months Ended

Dec. 31, 2018

22.

TAXATION

Enterprise income tax:

Cayman Islands

Under the current laws of the Cayman Islands, the Company is not subject to tax on income or capital gains. In addition, upon payments of dividends by the Company to its shareholders, no Cayman Islands withholding tax will be imposed.

British Virgin Islands

Under the current laws of the British Virgin Islands, subsidiaries in British Virgin Islands are not subject to tax on income or capital gains. In addition, upon payments of dividends by these companies to their shareholders, no British Virgin Islands withholding tax will be imposed.

United States

US Proton is incorporated in the State of Delaware, U.S.A. in 2011. The entity is subject to U.S. Federal and state Income Tax (graduated income tax rate up to 35

% in 2016 and 2017 and 21% in 2018) on its taxable income under the current laws of the United States of America. The company’s activities are located solely in the state of Texas, as such it is subject to Texas Franchise Tax. CMS (USA) is incorporated in the State of Texas, U.S.A. in 2013 and does not conduct any substantive operations of its own. The amount of current income tax for federal and state for US Proton was nil, nil and RMB2,867 (USD417) for the years ended December 31, 2016, 2017, and 2018. While we believe we were able to make reasonable estimates of the impact of the Tax Cuts and Jobs Act in these financial statements, the amounts recorded are provisional and the final impact may differ from these estimates due to, among other things, changes in our interpretations and assumptions and additional guidance that may be issued by regulatory authorities.

Singapore

China Medstar is incorporated in Singapore and does not conduct any substantive operations of its own. CHS, incorporated in Singapore, was acquired in April 2015 and was in a loss position since its establishment. No provision for Singapore profits tax has been made in the consolidated financial statements as the companies have no assessable profits for the years ended December 31, 2016, 2017 and 2018. In addition, upon payments of dividends by China Medstar and CHS to its shareholder, no Singapore withholding tax will be imposed.

Hong Kong

Subsidiaries in Hong Kong do not conduct any substantive operations of their own.

No provision for Hong Kong profits tax has been made in the consolidated financial statements as the Company has no assessable profits for the year presented. In addition, upon payment of dividends by these companies to their shareholders, no Hong Kong withholding tax will be imposed.

China

The applicable rate for China entities is subject to the PRC EIT at the rate of 25% for the period since 2012.

Dividends paid by PRC subsidiaries of the Group out of the profits earned after December 31, 2007 to non-PRC tax resident investors would be subject to PRC withholding tax. The withholding tax would be 10%, unless a foreign investor’s tax jurisdiction has a tax treaty with China that provides for a lower withholding tax rate and the foreign investor is qualified as a beneficial owner under the relevant tax treaty.

Loss before income taxes consists of:

	For the Years Ended December 31,
	2016			2017			2018			2018
	RMB			RMB			RMB			US$
Non – PRC		(141,602	)		(193,212	)		(98,709	)		(14,357	)
PRC		(62,996	)		(60,683	)		(126,537	)		(18,404	)
		(204,598	)		(253,895	)		(225,246	)		(32,761	)

The current and deferred components of the income tax expense appearing in the consolidated statements of comprehensive loss are as follows:

	For the Year Ended December 31,
	2016		2017		2018			2018
	RMB		RMB		RMB			US$
Current tax expense		25,617		5,105		43,209			6,284
Deferred tax expense (benefit)		34,869		26,684		(9,158	)		(1,331	)
		60,486		31,789		34,051			4,953

A reconciliation of the differences between the statutory tax rate and the effective tax rate for EIT is as follows:

	For the Years Ended December 31,
	2016			2017			2018			2018
	RMB			RMB			RMB			US$
Loss before income taxes		(204,598	)		(253,895	)		(225,246	)		(32,761	)
Income tax computed at the tax rate of 25%		(51,150	)		(63,474	)		(56,309	)		(8,190	)
Effect of different tax rates in different jurisdictions		10,400			23,554			11,758			1,710
Non-deductible expenses		6,942			13,872			4,661			678
Non-taxable income		-			(1,942	)		(7,322	)		(1,065	)
Unrecognized tax positions		1,467			(2,942	)		41,122			5,981
Changes of valuation allowance		73,847			48,089			45,112			6,561
Withholding tax		18,980			15,624			(4,971	)		(722	)
Effect of tax rate change		-			(992	)		-			-
		60,486			31,789			34,051			4,953

Deferred Tax

The components of deferred taxes are as follows:

	As at December 31,
	2017		2018		2018
	RMB		RMB		US$
Deferred tax asset
Net operating loss*	122,651		175,033		25,455
Depreciation and amortization	4,807		2,813		409
Property, plant and equipment impairment	17,395		8,750		1,273
Deposits for non-current assets	6,400		6,400		931
Allowance for net investment in financing lease	4,518		1,085		158
Allowance for doubtful accounts	1,004		4,453		648
Deferred revenue	1		-		-
Long term receivables	3,942		9,679		1,408
Intangible assets	795		-		-
Accrued expenses	5,434		9,032		1,314
Capital allowances	-		-		-
Others	495		527		77
Total deferred tax assets	167,442		217,772		31,673
less: Valuation allowance**	(157,876	)	(217,076	)	(31,572	)
Net deferred tax assets	9,566		696		101

Deferred tax liabilities
Withholding tax for PRC entities	(50,876	)	(39,495	)	(5,745	)
Aohua Technology transfer Tianjin Concord Medical loss	(5,632	)	-		-
Equity investment	(8,317	)	-		-
Property, plant and equipment	(2,681	)	(415	)	(60	)
Disposal of Beijing Century Friendship	(13,758	)	(3,126	)	(454	)
Intangible assets	(733	)	(113,590	)	(16,521	)
Deferred costs	(67	)	(67	)	(10	)
Revenue generated from financing lease	(731	)	-		-
Long-term deferred assets	(348	)	-		-
Capitalized Interest	-		(9,649	)	(1,403	)

Total deferred tax liabilities	(83,143	)	(166,342	)	(24,193	)

Deferred tax assets, net***	-		-		-

Deferred tax liabilities, net***	(73,577	)	(165,646	)	(24,092	)

As of December 31, 2018, the Group had net operating losses from several of its PRC and oversea entities of

RMB225,246 (US$32,761),

which can be carried forward to offset future taxable profit. The net operating loss carry forwards as of December 31, 2018 will expire in years 2019 to 2038 if not utilized.

The Group records a valuation allowance on its deferred tax assets that is sufficient to reduce the deferred tax assets to an amount that is more likely than not to be realized. Future reversal of the valuation allowance will be recognized either when the benefit is realized or when it has been determined that it is more likely than not that the benefit in future earnings will be realized.

***

On the face of balance sheet, as at December 31, 2017 and 2018, deferred tax assets of approximately

RMB9,566 and RMB696 (US$101) have been offset against deferred tax liabilities.

The movement of valuation allowance is as follows:

	For the Year Ended December 31,
	2017			2018			2018
	RMB			RMB			US$
Balance at the beginning of year		(114,561	)		(157,876	)		(22,962	)
Change of valuation allowance in the current year		(43,315	)		(59,200	)		(8,610	)
Balance at the end of year		(157,876	)		(217,076	)		(31,572	)

As of December 31, 2018, the Group has net tax operating losses from its PRC subsidiaries and its Consolidated VIEs, as per filed tax returns, which will expire between 2019 to 2038.

Unrecognized Tax Benefits

The reconciliation of the beginning and ending amount of unrecognized tax benefits excluding the penalty and interest is as follows:

	For the Years Ended December 31,
	2017			2018			2018
	RMB			RMB			US$
Balance at the beginning of year		38,420			41,358			6,015
Additions based on tax positions related to the current year		4,263			30,043			4,370
Additions related to prior year tax position		3,658			9,676			1,407
Reversal related to prior year tax position		(1,207	)		-			-
Decrease relating to expiration of applicable statute of limitation		(3,079	)		(920	)		(134	)
Foreign currency translation		(697	)		843			123
Balance at the end of year		41,358			81,000			11,781

As of December 31, 2017 and 2018, the Group had recorded RMB70,992 and RMB118,943 (US$17,300) as an accrual for unrecognized tax benefit and related interest and penalties, respectively. At December 31, 2017 and 2018, there were RMB18,381 and RMB46,978 (US$6,833) of unrecognized tax benefits that if recognized would affect the annual effective tax rate.

The final outcome of the tax uncertainty is dependent upon various matters including tax examinations, interpretation of tax laws or expiration of statute of limitations. However, due to the uncertainties associated with the status of examinations, including the protocols of finalizing audits by the relevant tax authorities, there is a high degree of uncertainty regarding the future cash outflows associated with these tax uncertainties. However, an estimate of the range of the possible change cannot be made at this time.

The Company recognized an increase amounting to RMB1,467, RMB2,770 and RMB8,309 (US$1,208) in interest and penalties during the years ended December 31, 2016, 2017 and 2018, respectively. As of December 31, 2017 and 2018, the Company recognized RMB29,634 and RMB37,943 (US$5,519), respectively of interest and penalties. Uncertain tax benefits were recorded as other long-term liabilities.

In general, for circumstances not being tax evasion, the PRC tax authorities will conduct examinations of the PRC entities’ tax filings of up to five years. Accordingly, the PRC entities’ tax years from 2013 to 2018 remain subject to examination by the tax authorities.

Value-added taxes (“VAT”)

Revenue earned from the provision of leasing and technical services was subject to 5% business tax prior to the pilot of VAT reform (e.g. Shanghai starts the VAT pilot on January 1, 2012). The final stage of VAT reform has come into effect on 1 May 2016, the pilot program of the collection of VAT in lieu of business tax has been promoted nationwide in a comprehensive manner.

Under the current VAT regulation, for the contracts signed prior to the pilot of VAT reform or the movable property acquired prior to the pilot of VAT reform for operating leasing, the relevant rental income from leasing arrangement of movable property could adopt the simple tax calculation method and be subject to 3% VAT levy rate. Other than the above, if the contracts signed after the pilot of VAT reform, the rental income derived from movable property leasing arrangement is subject to VAT at 17%. After a new VAT reform came into effect on 1 May 2018, the rental income derived from movable property leasing arrangement is subject to VAT at 16%. The technical service income is subject to VAT at 6%.