(Guo [1997] No.490) stipulates that according to the relevant provisions in the notes to the business tax items, if an investor invests in shares with real estate or intangible assets and does not share the risks with the investor and receives fixed profits, business tax will be levied in the following two cases: if an investor invests in shares with real estate or land use rights and receives fixed profits, it belongs to the transfer of venues and houses. If you invest in shares with trademark rights, patents, non-patented technologies, copyrights, goodwill, etc. And collect fixed profits, which belongs to the act of transferring the right to use intangible assets, and the business tax should be levied according to the tax item of "transferring intangible assets".

(2) Business tax is not levied on those who participate in the profit distribution of the recipients and share the investment risks.

Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Business Tax on Equity Transfer (Caishui [2002] 19 1No.) stipulates that intangible assets and real estate are not subject to business tax if they invest in shares, participate in the profit distribution of grantees and share investment risks.

The above-mentioned Transfer of Intangible Assets and Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Printing and Distributing Notes on Business Tax Items (Trial Draft) (Guo Shui Fa [1993] 149) clearly stipulate that the transfer of intangible assets refers to the transfer of the ownership or use right of intangible assets. Intangible assets refer to assets that have no physical form but can bring economic benefits. The collection scope of this tax item includes the transfer of land use right, trademark right, patent right, non-patented technology, copyright and goodwill.

In contrast to the provisions of the "VAT reform", the Notice of the Ministry of Finance State Taxation Administration of The People's Republic of China on the Pilot Tax Policy of Changing Business Tax to Value-added Tax in the Transportation Industry and Some Modern Service Industries (Cai Shui [2013] No.37, Since 20 1 August 4 13, 1, 2065438) annex1the pilot implementation measures for changing business tax to value-added tax in transportation industry and some modern service industries (hereinafter referred to as the "implementation measures") clearly pointed out in the annotation of taxable service scope that "R&D technology transfers services and technologies. Trademark and copyright transfer service refers to the business activities of transferring trademarks, goodwill and copyrights. Article 25 of the Implementation Measures stipulates that non-VAT taxable items refer to non-VAT taxable services, transfer of intangible assets (except patented technology, non-patented technology, goodwill, trademarks and copyrights), sales of real estate and real estate projects under construction. In addition to the transfer of land use rights, the transfer of trademark rights, patents, non-patented technologies, copyrights and goodwill are all included in the scope of collection of VAT taxable services.

Regarding the issue of whether intangible assets such as patents are subject to value-added tax, Article 9 of the Implementation Measures stipulates that providing taxable services refers to providing taxable services with compensation, but excluding taxable services provided in non-business activities. Remuneration refers to obtaining money, goods or other economic benefits. Annex 3[20 13] of Caishui No.37 Document stipulates the transitional policy of changing the business tax of transportation industry and some modern service industries to value-added tax, and only reserves the preferential policy of "pilot taxpayers providing technology transfer, technology development and related technical consultation and technical services, which is exempt from value-added tax", and does not involve investment in shares.