INCOME TAXES | 9 INCOME TAXES Under the current laws of the Cayman Islands, Tarena International is not subject to tax on its income or capital gains. For the period from its inception on October 22, 2012 to December 31, 2015, Tarena HK did not have any assessable profits arising in or derived from HK SAR. Tarena International's PRC subsidiaries and consolidated VIEs and the subsidiaries of the VIEs file separate tax returns in the PRC. Effective from January 1, 2008, the PRC statutory income tax rate is 25% according to the Corporate Income Tax (“CIT”) Law which was passed by the National People's Congress on March 16, 2007. Under the CIT Law, entities that qualify as “Advanced and New Technology Enterprise” (“ANTE”) are entitled to a preferential income tax rate of 15%. In 2009, the WOFE qualified as an ANTE, which entitled it to the preferential income tax rate of 15% from January 1, 2009 to December 31, 2011. In 2012, the WOFE renewed its ANTE qualification, which entitled it to the preferential income tax rate of 15% from January 1, 2012 to December 31, 2014. In 2015, the WOFE renewed its ANTE qualification, which entitled it to the preferential income tax rate of 15% from January 1, 2015 to December 31, 2017. Tarena Software Technology (Hangzhou) Co., Ltd. (“Tarena Hangzhou”) was established in 2013 and qualified as an eligible software enterprise. As a result of this qualification, it is entitled to a tax holiday of a two-year full exemption followed by a three-year 50% exemption, commencing from the year in which its taxable income is greater than zero. As a result, its income tax rate for the years ended December 31, 2013, 2014 and 2015 were 25 nil nil Certain Tarena International's subsidiaries and branches qualified as “Small Profit Enterprises” in 2013, 2014 and 2015, and therefore are subject to the preferential income tax rate of 20% or 10%. According to the approvals from the tax authorities in certain locations in the PRC, Tarena International's subsidiaries and consolidated VIEs and the subsidiaries of the VIEs that are based in these locations are required to use the deemed profit method to determine their income tax. Under the deemed profit method, these subsidiaries are subject to income tax at 25% on its deemed profit which is calculated based on revenues less deemed expenses equal to 85% and 90% of revenues. The components of income before income taxes are as follows: Year Ended December 31, 2013 2014 2015 US$ US$ US$ PRC 16,533,265 23,827,863 32,246,850 Hong Kong (182,447 ) (319,685 ) (306,499 ) Cayman Islands (32,461 ) 3,587,894 (2,594,280 ) Total income before income taxes 16,318,357 27,096,072 29,346,071 Income tax expense consists of the following: Year Ended December 31, 2013 2014 2015 US$ US$ US$ Current income tax expense 3,323,591 3,087,902 4,108,376 Deferred income tax benefit (1,052,265 ) (683,078 ) (3,471,315 ) Total 2,271,326 2,404,824 637,061 The actual income tax expense reported in the consolidated statements of comprehensive income for each of the years ended December 31, 2013, 2014 and 2015 differs from the amount computed by applying the PRC statutory income tax rate to income before income taxes due to the following: Year Ended December 31, 2013 2014 2015 PRC statutory income tax rate 25.0 % 25.0 % 25.0 % Increase (decrease) in effective income tax rate resulting from: Cayman and HK entities not subject to income taxes 0.3 % (3.0 )% 2.5 % Research and development bonus deduction (3.3 )% (2.7 )% (3.3 )% Non-deductible selling, general and administrative expenses Share based compensation 1.2 % 3.8 % 4.5 % Other non-deductible selling, general and administrative expenses 0.4 % 0.5 % 0.6 % ANTE preferential tax rate (10.2 )% (1.0 )% 0.1 % Tarena Hangzhou preferential tax rate 1.4 % (0.1 )% 0.7 % Change in valuation allowance (0.9 ) % 6.4 % 3.1 % Tarena Hangzhou tax holiday - (20.0 )% (31.1 )% Deemed profit method differential (0.2 )% (0.1 )% (0.0 )% Others 0.2 % 0.1 % 0.1 % Actual income tax expense 13.9 % 8.9 % 2.2 % Basic and diluted per Class A ordinary share and Class B ordinary share effect of the Company's tax holiday for the year ended December 31, 2014 and 2015 was US$ 0.10 0.17 The principal components of deferred income tax assets are as follows: December 31, 2014 2015 US$ US$ Deferred income tax assets: Accounts receivable 2,729,700 5,330,829 Tax loss carry forwards 691,350 1,087,954 Advertising expense 1,151,432 2,104,573 Total deferred income tax assets 4,572,482 8,523,356 Valuation allowance (2,347,093 ) (3,097,761 ) Deferred income tax assets, net 2,225,389 5,425,595 The movements of the valuation allowance are as follows: Year Ended December 31, 2013 2014 2015 US$ US$ US$ Balance at the beginning of the year 731,828 598,117 2,347,093 Additions of valuation allowance 525,061 1,823,101 1,456,539 Reduction of valuation allowance (678,916 ) (78,687 ) (532,478 ) Foreign currency translation adjustment 20,144 4,562 (173,393 ) Balance at the end of the year 598,117 2,347,093 3,097,761 The valuation allowance as of December 31, 2014 and 2015 was primarily provided for the deferred income tax assets of certain Tarena International's PRC subsidiaries, consolidated VIEs, and the subsidiaries of the VIEs, which were at cumulative loss positions. In assessing the realization of deferred income tax assets, management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. 4,351,816 11,608 89,528 1,760,046 2,490,634 The CIT Law and its implementation rules impose a withholding income tax at 10%, unless reduced by a tax treaty or arrangement, on the amount of dividends distributed by a PRC-resident enterprise to its immediate holding company outside the PRC that are related to earnings accumulated beginning on January 1, 2008. Dividends relating to undistributed earnings generated prior to January 1, 2008 are exempt from such withholding income tax. The Company has considered temporary differences on the book to tax differences pertaining to all investment in subsidiaries including the determination of the indefinite reinvestment assertion that would apply to each foreign subsidiary. The Company evaluated each entity's historical, current business environment and plans to indefinitely reinvest all earnings accumulated in its respective jurisdiction for purpose of future business expansion. Due to the plan to indefinitely reinvest its earnings in the PRC, the Company has not provided for deferred income tax liabilities on undistributed earnings of US$ 77,848,789 93,048,180 A reconciliation of the beginning and ending amount of total unrecognized tax benefits for the years ended December 31, 2013, 2014 and 2015 is as follows: Year Ended December 31, 2013 2014 2015 US$ US$ US$ Balance at beginning of year 1,700,106 3,077,693 6,033,774 Increase related to current year tax positions 2,843,585 5,768,868 8,198,639 Settlement (1,539,717 ) (2,813,061 ) (5,551,468 ) Foreign currency translation adjustment 73,719 274 (456,918 ) Balance at end of year 3,077,693 6,033,774 8,224,027 US$ 5,822,319 7,576,459 No 4,849,529 6,543,175 384,686 569,729 799,559 1,111,123 7,654,298 According to the PRC Tax Administration and Collection Law, the statute of limitation is three years if the underpayment of taxes is due to computational errors made by the taxpayer or the withholding agent. The statute of limitation is extended to five years under special circumstances where the underpayment of taxes is more than RMB100,000. In the case of transfer pricing issues, the statute of limitation is 10 years. There is no statute of limitation in the case of tax evasion. The income tax returns of Tarena International's PRC subsidiaries, consolidated VIEs, and the subsidiaries of the VIEs for the years from 2011 to 2015 are open to examination by the PRC tax authorities. |