PROVISIONAL REGULATIONS OF THE PEOPLE¡äS REPUBLIC OF CHINA ON VALUEADDED TAX
(State Council: 13 December 1993)
Whole Doc.
Article 1
All units and individuals engaged in the sales of goods, provision ofprocessing, repairs and replacement services, and the importation of goodswithin the territory of the People¡äs Republic of China are taxpayers ofValue-Added Tax (hereinafter referred to as ¡ätaxpayers¡ä), and shall pay VAT in accordance with these Regulations.
Article 2
VAT rates:
(1) For taxpayers selling or importing goods, other than those stipulated in items (2) and (3) of this Article, the tax rate shall be 17%.
(2) For taxpayers selling or importing the following goods, the tax rate shall be 13%:
I. F Taxpayers importing goods shall pay tax within seven days after the
issuance of the tax payment certificates by the customs office.
Aood grains, edible vegetable oils;
II. Tap water, heating, air conditioning, hot water, coal gas,liquefied petroleum gas, natural gas, methane gas, coal/charcoal products for household use;
III. Books, newspapers, magazines;
IV. Feeds, chemical fertilizers, agricultural chemicals,agricultural machinery and covering plastic film for farming;
V. Other goods as regulated by the State Council.
(3) For taxpayers exporting goods, the tax rate shall be 0%,except as otherwise stipulated by the State Council.
(4) For taxpayer providing processing, repairs and replacement services (hereinafter referred to as ¡ätaxable services¡ä), the tax rate shall be 17%.
Any adjustments to the tax rates shall be determined by the State Council.
Article 3
For taxpayers dealing in goods or providing taxable services with different tax rates, the sales amounts for goods or taxable services with different tax rates shall be accounted for separately. If the sales amounts have not been accounted for separately, the higher tax rate shall apply.
Article 4
Except as stipulated in Article 13 of these Regulations, for taxpayers engaged in the sales of goods or the provision of taxable services (hereinafter referred to as ¡äselling goods or taxable services¡ä),the tax payable shall be the balance of output tax for the period after deducting the input tax for the period. The formula for computing the tax
payable is as follows:
Tax payable=Output tax payable for the period-Input tax for the period If the output tax for the period is less than and insufficient to offset against the input tax for the period, the excess input tax can be carried forward for set-off in the following periods.
Article 5
For taxpayers selling goods or taxable services, the output tax shall be the VAT payable calculated based on the sales amounts and the tax rates prescribed in Article 2 of these Regulations and collected from the purchasers. The formula for computing the output tax is as follows:
Output tax=Sales amount x Tax rate
Article 6
The sales amount shall be the total consideration and all other charges receivable from the purchasers by the taxpayer selling goods or taxable services, but excluding the output tax collectible.
The sales amount shall be computed in renminbi. The sales amount of the taxpayer settled in foreign currencies shall be converted into renminbi according to the exchange rate prevailing in the foreign exchange market.
Article 7
Where the price used by the taxpayer in selling goods or taxable services is obviously low and without proper justification, the sales amount shall be determ