Tax Law Knowledge for Reference (2) [Repost]

by jkangkhw on 2009-12-07 16:56:05

Time when the obligation for business tax arises: 1. Transfer of land use rights or sale of immovable property by means of prepayment: the day when prepayment is received; 2. Self-construction followed by sales: the day when operating income is received or a receipt for operating income is obtained; 3. Construction industry: ① one-time settlement: the settlement day; ② monthly settlement with final settlement after completion: the day when settlement for completed construction work takes place at the end of the month; ③ according to progress: the day when settlement for completed construction work takes place at the end of the month; ④ other methods: the day when construction payment is settled; 4. Financial industry loan overdue by 90 days and not recovered: the day when interest income rights are obtained; 5. Financial leasing: the day when income or price receipt is obtained; 6. Financial commodity transfer business: the date of ownership transfer; 7. Insurance business: the day when premium income or price receipt is obtained; 8. Handling of entrusted loans: the day when loan interest is received (mostly the day when money is received or rights are obtained, construction industry mostly on the day when payment is settled. Memorize items 6 and 8) Tax period for financial industry (excluding pawnshops): one quarter Tax location: 1. Taxable services provided in another county (city): where taxable services occur, if not declared: place of institution or residence; 2. Undertaking inter-provincial projects: place of institution Urban construction tax: has no specific, independent taxable object Tax basis: actual payment of "three taxes", excluding non-tax items. Reduction or exemption of "three taxes" does not count as tax basis Tax rate: 7%, 5%, 1% (not in urban areas, counties, or towns, including rural areas) When supply enterprises sell export products to export enterprises and municipal or county foreign trade enterprises, urban construction tax is calculated based on the balance after VAT output tax deducts input tax For income from logistics services provided internally by service centers for government agencies, urban construction tax (and educational surcharge) is temporarily exempted before December 31, 2005 Payment times for urban construction tax and VAT consumption tax may not be completely consistent Educational surcharge reduction: for units producing cigarettes and tobacco Tariff taxpayer: consignee, shipper, owner. Carrier of carried items; recipient, sender, or consignor of mail items In the 2002 edition of the import tariff schedule, there are a total of 7,316 tariff items, and 36 for exports Four-column rates: MFN rate, agreement rate, preferential rate, general rate Rate collection method: basically ad valorem duties, specific duties, compound duties, and sliding scale duties for some products The real goods subject to export tariffs are only 20 kinds, with lower rates Special tariffs include: retaliatory tariffs, anti-dumping duties, countervailing duties, safeguard tariffs. The middle two (anti-dumping, countervailing) generally have a term of no more than 5 years Customs value should also include: 1. Commissions and brokerage fees except purchase commissions (i.e., purchase commissions are not included in customs value); 2. Container costs borne by the buyer that are considered integral to the goods; 3. Packaging material and packaging labor costs borne by the buyer; 4. Materials, tools, consumables provided by the buyer or sold at low prices to the seller or relevant parties, design, R&D, process drawing abroad required for production of the item; 5. Direct or indirect royalty payments made by the buyer (excluding domestic reproduction rights fees); 6. Gains obtained directly or indirectly by the seller from the resale, disposal, or use of imported goods by the buyer Prices cannot be used to determine customs value: 1. Domestic sales price of domestically produced goods; 2. Higher price among optional prices; 3. Sales price of goods in the export market; 4. Price calculated based on values or expenses outside those specified in the calculation price method; 5. Sales price of goods exported to third countries or regions; 6. Minimum price or arbitrarily fabricated prices Exhibits imported for exhibition: customs duty should only be paid if they are retained for purchase Customs value for leased imported goods: customs-approved rent. If retained for purchase: customs-approved purchase price. For application of one-time tax payment: estimated according to general import goods valuation method Customs value for special imported goods: mostly "customs approved" Export customs value: commission separately listed as paid overseas should be deducted Calculation of transportation and related costs, insurance premiums: 1. If costs cannot be determined or did not occur, customs calculates freight according to the concurrent freight rate (amount), and calculates insurance premium as 3‰ of "goods price + freight"; 2. Postal import goods: postal fee; 3. Railway or road transport goods traded under border port price conditions: 1% of goods price; 4. Export goods: deduct freight and insurance premium from departure to overseas port Tariff reductions: 1. Statutory reductions and exemptions: ① Goods with customs duty amount less than RMB 10 per shipment; ② Advertising materials and samples without commercial value; ③ Materials gratuitously donated by foreign governments or international organizations; ④ Fuel, materials, and foodstuffs necessary for inbound and outbound transportation vehicles during their journey; ⑤ Goods temporarily entering or leaving the country for up to six months approved by customs, such as samples, exhibits, machinery, vehicles, etc.; ⑥ Processing materials, taxed upon entry and refunded upon exit; ⑦ Exports returned due to reasons, exempt from import duties but not from export duties; ⑧ Returned export goods, exempt from export duties but not from import duties; ⑨ Imported goods eligible for appropriate reductions: a. Damaged during overseas transportation or unloading; b. Damaged due to force majeure between unloading and customs release; c. Already damaged during customs inspection, not due to improper storage; ⑩ Compensation goods without cost 2. Specific reductions and exemptions: ① Scientific and educational supplies; ② Disabled persons' supplies; ③ Poverty alleviation and charitable donation materials; ④ Processing trade products; ⑤ Border trade import materials (mutual market trade among border residents, small-scale border trade); ⑥ Import goods into bonded areas; ⑦ Import and export goods into and out of export processing zones; ⑧ Imported equipment; ⑨ Specific industry or purpose tax reduction policies 3. Temporary reductions and exemptions Current postal tax rates: 50%, 20%, 10% Declaration time: within 14 days from the date of arrival of the means of transport for import goods, and 24 hours before loading after the goods arrive at the customs supervised area for export goods. Tax payment to designated banks: within 15 days from the date of issuance of the tax payment voucher by customs Scenarios for tax refund applications within one year: 1. Miscollected customs duties, overpaid taxes; 2. After customs-approved tax-free goods are taxed, shortages are discovered and recognized by customs; 3. Goods for which export duties have been collected but were not shipped out, and a declaration for return is made, verified by customs; 4. Goods re-imported or re-exported in original condition Procedures for tax disputes: Within 30 days from the issuance of the payment voucher, submit a written application for reconsideration to the higher-level customs authority of the original taxing customs authority. Customs makes a reconsideration decision within 60 days. If dissatisfied, file a lawsuit in court within 15 days Sequence: import price, freight (2%), insurance premium (3%) → customs value → customs duty → excise tax composition value → excise tax → VAT Taxpayers for resource tax: units and individuals who extract or produce and sell Resource tax for Sino-foreign cooperative extraction of oil and natural gas: temporarily not levied (only leasehold use fees are levied) Withholding agent for resource tax: independent mines, joint ventures, and units purchasing untaxed mineral products Time when withholding occurs: the day when the first installment of the purchase price is paid or a receipt for the payable purchase price is issued Place for withholding and paying resource tax: acquisition location Gift of real estate: through non-profit social groups and national agencies in China for education, civil affairs, and other social welfare and public causes, exempt Exchange of real estate: within the scope of land appreciation tax. Mutual exchange between individuals: exempt Real estate transfer due to corporate mergers: temporarily exempt Four-tier progressive rates: 1. Appreciation ratio 200%: appreciation amount * 60% - deduction item amount * 35% Deduction items: 1. Amount paid for obtaining land use rights: land price (deed tax), related fees (registration, transfer handling fees); 2. Real estate development costs (land requisition and demolition compensation fees, preliminary engineering fees, construction installation engineering fees, infrastructure fees, public supporting facilities fees, indirect development fees such as wages, office expenses, etc.); 3. Real estate development expenses: three fees. Interest exceeding loan terms and penalized interest are not deductible; 4. Taxes related to the transfer of real estate: business tax, urban construction tax, stamp duty, education surcharge; 5. Other deduction items: taxpayers engaged in real estate development can add an additional 20% deduction on the sum of items 1 and 2; 6. Appraisal price of old houses and buildings: price after multiplying replacement cost price by newness discount rate Deduction items for transferring old houses: 1. Appraisal price; 2. Land price paid for obtaining land use rights and fees paid according to unified national regulations; 3. Taxes paid in the transfer phase Sale of ordinary standard residences: exempt from land appreciation tax if the appreciation amount does not exceed 20% of the deduction item amount Transfer of housing owned for over five years by individuals: exempt from land appreciation tax; 3-5 years: half-exempt; less than 3 years: taxed according to regulations If the location of real estate transferred by individuals is different from their place of residence: declare and pay taxes at the location where the transfer procedures are handled Time: complete tax declaration within seven days after signing the transfer contract (list deductions item by item. Don't forget the additional deductions for those engaged in real estate development) Land appreciation tax belongs to specific-purpose taxes; Land use tax belongs to resource taxes Scope of land use tax: state-owned and collectively-owned land within cities, counties, established towns, and industrial and mining areas Provincial governments may appropriately reduce within the tax amount range: but not exceeding 30% of the minimum tax amount, economically developed areas may appropriately increase but must report to the Ministry of Finance Exempt: land directly used for agriculture, forestry, animal husbandry, and fishery production (excluding agricultural product processing sites and living office land); self-used land of branches of the People's Bank of China headquarters (including the State Administration of Foreign Exchange) (property: exempt from property tax) Provincial local tax bureaus determine reductions and exemptions: 1. Personal housing and courtyards; 2. Resident housing land rented by housing management departments before rent reform; 3. Dormitory land for families of employees of tax-exempt units; 4. Welfare factories employing a certain proportion of disabled people Resident housing land rented by housing management departments after rent reform (regardless of when rented): all should pay urban land use tax, if indeed facing difficulties, can apply for reductions and exemptions Property original value should include: various ancillary equipment inseparable from the house or general facilities not separately valued. Ancillary equipment pipelines are calculated from the nearest inspection well or three-way pipe; electric light networks and lighting wires are calculated from the connecting pipe of the inlet box. Original value is reduced once by 10%-30% Financing lease of houses: property residual value is taxed, taxpayer during lease term is determined by the tax authority based on actual circumstances Personally owned non-business-use properties: exempt from property tax; personally owned business-use properties or rental properties taxed according to regulations Properties approved by the Ministry of Finance for tax exemption: 1. Buildings too damaged to be used and dangerous buildings; 2. Idle unused properties of companies that have ceased operations (provincial approval); 3. Buildings under major repair stopped for more than half a year; 4. Underground air defense facilities, temporarily not taxed; 5. Profit-making and loss-making enterprises, temporarily exempt within a certain period; 6. University后勤entities exempt Vehicle net tonnage tail number less than half a ton: calculated as half a ton; over half a ton, calculated as one ton Passenger-cargo dual-purpose vehicles: passenger part taxed at half rate for passenger vehicles, cargo part taxed according to motor cargo vehicle tax rate Ships regardless of net tonnage or load tonnage: tail numbers less than half a ton exempt, over half a ton calculated as one ton; vessels less than one ton universally calculated as one ton; tugs calculated by horsepower, 1 horsepower equivalent to half a ton of net tonnage Fishing vessels with carrying capacity not exceeding one ton: tax exempt Vehicles and ships approved by the Ministry of Finance for tax exemption: 1. Within enterprises; 2. Agricultural tractors; 3. Special vehicles for disabled persons; 4. Vehicles for schools operated by enterprises clearly separated Parks' cleaning boats: not tax-exempt vessels Tax location: taxpayer's location (place of operation, location of institution); individual's residence location Vehicle and vessel usage tax implemented: source withholding stamp tax: establishment, use, receipt Parties' agents have the obligation to act as tax agents Deed of property transfer: transfer of property ownership and copyright, trademark exclusive right, patent right, proprietary technology usage right Stamp tax ratios: 1. 0.05‰: loan contracts; 2. 0.3‰: purchase and sale, construction and installation, technical contracts; 3. 0.5‰: processing and undertaking, architectural engineering survey and design, freight (excluding escort fees), deed of property transfer, capital account in business ledger; 4. 1‰: property lease, warehousing custody, property insurance; 5. 2‰: equity transfer deed Basis for calculating stamp tax on construction and installation contracts: contracting amount (no exclusions) Property lease contract: basis for taxation is lease amount, if tax amount is less than 1 yuan, affix 1 yuan Freight contract amount: does not include handling fees, insurance fees Loan contract: 1. Working capital turnover loan contract: highest amount stipulated in the contract is the basis for taxation; 2. Borrower uses property as collateral, affixes stamps according to loan contract, if unable to repay and property is transferred, then affix stamps according to deed of property transfer; 3. Lease financing contract signed for lease financing business, temporarily taxed according to loan contract; 4. Infrastructure loan contracts signed annually taxed separately, finally sign overall contract, only tax balance Modification of foreign contracts: difference, daily exchange rate Basis for taxation of technical contracts: price, remuneration, or usage fee Technical development contract: only tax the remuneration amount stated in the contract, research and development funds are not included as basis for taxation Affixing stamps based on amount ratios without stating amounts: calculate amount based on quantity stated and national listed prices, if none, calculate based on market prices, then calculate If amount is in foreign currency: convert using the exchange rate on the day the document is established Tax payable less than 1 jiao: exempt Tax payable over 1 jiao: disregard fractional amounts less than 5 fen, round up to 1 jiao if fractional amount is 5 fen or more Subcontracting or subcontracting again: double taxation Domestic intermodal transport starting point settles freight: full journey as basis; segmental freight settlement uses segments as basis Stamp tax tickets are: securities, nine types, 168.80 yuan Preferences: 1. Copies or transcripts exempt from tax; 2. Documents for gifting property to government, welfare organizations, schools free of tax; 3. Contracts for purchasing agricultural by-products between designated procurement departments and villagers or individuals exempt from tax; 4. Interest-free, subsidized interest loan contracts exempt from tax; 5. Contracts for concessional loans provided by foreign governments or international financial organizations to Chinese government and national financial institutions exempt from tax; 6. Rental contracts between housing management departments and individuals for residential purposes exempt from tax; 7. Agricultural and livestock insurance contracts exempt from tax; 8. Special freight vouchers exempt from tax Penalties for violations: 1. Not canceled or marked off, fined 1-3 times the amount; 2. Not affixed or insufficiently affixed, fined 3-5 times the amount; 3. Removed and reused, fined 5 times or between 2,000 yuan and 10,000 yuan; 4. Forgery: referred for criminal prosecution; 5. Failure to handle and preserve summary payment vouchers as prescribed, fined up to 5,000 yuan, severe cases revoke summary payment license; 6. Failure to preserve vouchers as prescribed within the stipulated period, fined up to 5,000 yuan. Deed tax: uses real estate where ownership transfers as taxable object, falls under property tax Taxable objects: transfer of land (use rights), house ownership (ownership) within the territory: sale of state-owned land use rights, transfer; buying and selling, gifting, exchanging houses. Does not include transfer of rural collective land contract management rights. Special cases treated as house buying and selling: 1. Repaying debts with houses or exchanging houses for physical goods; 2. Investing houses (at current price) or transferring shares (at purchase price); 3. Buying houses for dismantling materials or rebuilding. Basis for calculating deed tax in house buying and selling: real estate transaction price Special cases for deed tax: 1. Corporate restructuring: involving transfer of land and house ownership, taxed; others not taxed or exempted; 2. Company mergers: if merging entities had the same investment subject beforehand, not taxed; otherwise taxed; 3. Company splits: not taxed; 4. Debt restructuring: no transfer of ownership in share transfers, not taxed; contribution of assets as shares or investments in companies taxed; 5. Bankruptcy: creditors exempt from tax; non-creditors bearing land and house ownership of bankrupt companies taxed. Obtaining land use rights by allocation: when approved for transfer, transferee pays supplementary deed tax (basis: supplementary land use right transfer fees or land gains). Preferences: 1. First purchase of public housing by urban workers as per regulations, exempt from tax; 2. Housing lost due to force majeure, tax appropriately reduced or exempted; 3. Bearing barren mountains, ravines, hills, beaches land use rights for agricultural, forestry, animal husbandry, fishery production, exempt from tax; 4. Taxpayers meeting tax reduction and exemption requirements should handle reduction and exemption procedures within 10 days after signing the contract. Time when deed tax obligation arises: the day when the real estate transfer contract is signed Conditions for enterprise income tax taxpayers: 1. Opening a settlement account in a bank; 2. Establishing separate accounts and preparing financial accounting statements; 3. Independently calculating profits and losses. Taxpayers also include: other organizations with operating income Two preferential tax rates: enterprises with annual taxable income less than 30,000 yuan: 18%; enterprises with annual taxable income between 30,000-100,000 yuan: 27% (quarterly converted to annual then compared with 30,000 and 100,000) Acceptance of monetary donations: not specified as taxable income