State Administration of Taxation Order of the State Administration of Taxation No.9 The Measures for Announcement of Outstanding Taxes (For Trial Implementation), which were deliberated and adopted at the 3rd executive Xie Xuren, Director General of the State Administration of Taxation October 10th, 2004 Measures for Announcement of Outstanding Taxes (For Trial Implementation) Article 1 With a view to standardizing the acts of tax authorities for their announcement of outstanding taxes, urging taxpayers to pay outstanding Article 2 The “announcement organs” as mentioned in the present Measures shall refer to the tax bureaus at the county level or above. Article 3 The “outstanding taxes” as mentioned in the present Measures shall refer to the tax money failing to be paid by any taxpayer exceeding 1. Tax money that fails to be paid by a taxpayer within the time limit for tax payment after handling declaration for tax payment; 2. Tax money that fails to be paid by a taxpayer within the time limit for tax payment after the expiry of the time limit for extension 3. Tax money failing to be paid by a taxpayer within the time limit for payment of taxes that shall be made up by the taxpayer as determined 4. Tax money failing to be paid by a taxpayer within the time limit for tax payable as checked and ratified by the tax authority according 5. Other tax money failing to be paid by a taxpayer within the time limit for tax payment. The tax authorities shall verify the amount of outstanding taxes as stipulated in the preceding paragraph in time. The outstanding taxes announced in the present Measures shall not cover late fees and fines. Article 4 The announcement organ shall announce the outstanding taxes of any taxpayer at the tax handling places or in such mass media as radio, 1. Where any enterprise or entity owes taxes, the announcement shall be made once every quarter; 2. Where any individual business or any other individual owes taxes, the announcement shall be made once half a year; and 3. The announcement shall be made at any time, in case any taxpaying household who escapes or disappears or other outstanding taxes of Article 5 The contents of the announcement of outstanding taxes shall be as follows: 1. Where any enterprise or entity owes taxes, the announcement shall cover the name of the enterprise or entity, the identification number 2. Where any individual business owes taxes, the announcement shall cover: the name of the individual business, name of the owner, identification 3. Where an individual (excluding individual business) owes taxes, the announcement shall cover: his name, number of identity card of Article 6 Where any taxpayer of an enterprise or entity owes tax money less than RMB 2 million Yuan (not included), or any individual business Where any taxpayer of an enterprise or entity owes tax money of RMB 2 million Yuan (included) or more, or any individual business Where any taxpaying household and other taxpayer whose whereabouts cannot be found out by the tax authorities owes taxes, they shall Article 7 With respect to the outstanding taxes information of any taxpayer that needs to be announced by the upper level announcement organ Article 8 Before making an announcement on outstanding taxes, an announcement organ shall make confirmation on the outstanding taxes conditions Article 9 Once outstanding taxes has been determined, the announcement organ shall sign and issue announcement by ways of formal documentation The method of combining the balance of outstanding taxes with the newly increased outstanding taxes shall be implemented for the amount 1. Outstanding taxes of a taxpayer who has been adjudicated bankruptcy, and been revoked qualification of a legal person after legal 2. Outstanding taxes of an enterprise, which has been ordered to revoke or close down and has been deregistered or disqualified as a 3. Outstanding taxes of an enterprise, which has consecutively stopped production and business operation for more than one year (computed 4. Outstanding taxes of a taxpayer who has disappeared for more than two years. The decision on announcement shall be listed as archives of materials of taxation collection administration, and shall be kept properly. Article 10 An announcement organ shall not exceed the scope as stipulated in the present Measures when announcing the outstanding taxes of any Article 11 After occurrence of any outstanding taxes, a tax authority shall, in addition to making announcement according to the present Measures, Article 12 Where any announcement organ fails to make public notice it shall make or fails to report to the upper level organ that it shall report Article 13 The provisions of the present Measures shall be abided by for making announcement on outstanding taxes of withholders and tax paying Article 14 The tax bureaus of all the provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate Article 15 The power to interpret the present Measures shall remain with the State Administration of Taxation. Article 16 The present Measures shall be implemented as of January 1st, 2005. |
State Administration of Taxation
2004-10-10