Decree of the State Administration of Taxation and the Ministry of Finance
No. 18 The Interim Measures on Awarding Tipp-offs against Tax-related Illegal Acts of Taxpayers have been deliberated and adopted by the Minister of the Ministry of Finance: Jin Renqing January 13, 2007 Interim Measures on Awarding Tipp-offs against Tax-related Illegal Acts of Taxpayers Article 1 For the purpose of encouraging tip-offs against tax-related illegal acts, these Measures are constituted according to the related Article 2 The term “tax-related illegal acts” as mentioned in these Measures refers to the tax-related illegal acts committed by taxpayers A tip-off against tax-related illegal acts shall be an act of an entity or individual who does so at its/his free will. Article 3 In case an entity or individual tips off a tax-related illegal act to the taxation authority in its or his true name and the fact (1) The informant tips off anonymously or is unable to prove its/his true identity; (2) The informant is unable to provide any clue on the tax-related illegal act, or acquires the evidence on the tax-related illegal act (3) The contents of the tip-off are vague and lack factual basis; (4) The clue provided by the informant has nothing with the tax-related illegal act as investigated and punished by the taxation authority; (5) The tax-related illegal act tipped off by the informant has been found by or is under the investigation of the taxation authority; (6) The entity or individual committing the tax-related illegal act has reported the taxation authority the said act before it is tipped (7) A functionary of a state organ obtains information through taking advantage of his power so as to tip off a tax-related illegal act; (8) The informant gets information on a tax-related illegal act from a state organ or a functionary thereof to tip off the said act; and (9) Other circumstances, under which the informants may not be awarded, are prescribed by the State Administration of Taxation. Article 4 The funds, which are used by the state taxation administration to reward tip-offs, shall be truthfully listed as expenditures from The allotment of the funds for rewarding tip-offs shall be conducted in accordance with the related provisions on administering state Article 5 The funds for rewarding tip-offs shall be jointly administered by the inspection office and the accounting department under the competent The state taxation administrations and the local taxation administrations of all provinces, autonomous regions, municipalities directly Article 6 After a tipped-off tax-related illegal act is put on file and verified by the taxation authority and after the tax amount has been (1) If the amount of taxes turned over to the treasury is 100 million Yuan or more, a reward of up to 100,000 Yuan shall be paid; (2) Where the amount of taxes turned over to the treasury is not less than 50 million Yuan but less than 100 million Yuan, a reward of (3) Where the amount of taxes turned over to the treasury is not less than 10 million Yuan but less than 50 million Yuan, a reward of (4) Where the amount of taxes turned over to the treasury is not less than 5 million Yuan but less than 10 million Yuan, a reward of up (5) Where the amount of taxes turned over to the treasury is not less than 1 million Yuan but less than 5 million Yuan, a reward of up (6) Where the amount of taxes turned over to the treasury is less than 1 million Yuan, a reward of up to 5000 Yuan shall be paid. Article 7 In case a tipped-off taxpayer uses VAT to offset the tax amount, or uses other overpaid or refundable tax amount to offset the payable In case there is no payable tax after a tipped-off tax-related illegal act is verified and handled, the reward shall be calculated In case the tipped-off taxpayer is bankrupt or encounters the conditions prescribed in laws and administrative regulations on terminating Article 8 In case an informant tips off an act of falsely issuing special VAT invoices or other invoices which may be used to defraud any exportation-related Article 9 In case such acts as forging, altering, trading off, stealing or defrauding special VAT invoices or other invoices which may be used (1) Where no less than 10,000 of the above said invoices are found to be forged, altered, traded off, stolen or defrauded, a reward of (2) Where no less than 6,000 but less than 10,000 of the above said invoices are found to be forged, altered, traded off, stolen or defrauded, (3) Where no less than 3,000 but less than 6,000 of the above said invoices are found to be forged, altered, traded off, stolen or defrauded, (4) Where no less than 1,000 but less than 3,000 of the above said invoices are found to be forged, altered, traded off, stolen or defrauded, (5) Where no less than 1,00 but less than 1,000 of the above said invoices are found to be forged, altered, traded off, stolen or defrauded, (6) Where less than 100 of the above said invoices are found to be forged, altered, traded off, stolen or defrauded, a reward of up to In case some invoices other than those specified in the preceding paragraph are found to be forged, altered, traded off, stolen or Article 10 In case a such acts as illegally printing, lending, trading off, altering or forging tax payment vouchers are tipped off by an informant, (1) Where no less than 100 tax payment vouchers are found to be illegally printed, lent, traded off, altered or forged, or the specified (2) Where no less than 50 but less than 100 tax payment vouchers are found to be illegally printed, lent, traded off, altered or forged, (3) Where less than 50 tax payment vouchers are found to be illegally printed, lent, traded off, altered or forged, or the specified tax Article 11 In case the tax-related illegal act of a tipped-off person is investigated and handled by the state taxation administration and the Article 12 In case two or more reward rates prescribed in Articles 6 through 10 of these Measures may apply to a same case, the tip-off reward Article 13 In case the same tax-related illegal act is separately tipped off by two or more informants, the reward shall be paid to the earliest In case the evidence provided by an informant other than the earliest informant, plays a direct role to verify the tax-related illegal The total amount of rewards calculated and paid to the informants prescribed in the preceding two paragraphs may not be more than Article 14 The informant tipping off a tax-related illegal act may apply for a tip-off reward to the taxation authority. The tip-off reward shall be paid by the taxation authority in charge of the investigation and punishment of the tax-related illegal Article 15 After a taxation authority has put a tipped-off tax-related illegal act on file, has verified the facts and punished the violator, The center of tip-offs against tax-related illegal acts shall fill out the Accounting Voucher on Claiming the Reward to the Tip-off Article 16 An informant shall bring his own identity card or other valid certificate to claim the reward at the designated place within 90 days In case the same tax-related illegal act is jointly tipped off, the reward shall be claimed by the first signatory, and be distributed Article 17 In case the informant or the first signatory of a joint tip-off is unable to go to the place designated by the taxation authority In case the informant is an entity, it may entrust its staff member to claim the reward on its behalf, and the proxy shall go through Article 18 When claiming the reward, an informant or the proxy shall sign his name on the Special Voucher on Paying the Reward to the Tip-off The Special Voucher on Paying the Reward to the Tip-off against the Taxpayer’s Tax-related Illegal Act and the principal’s power of Article 19 The center of tip-offs against tax-related illegal acts may, when paying a tip-off reward, briefly tell the informant of the investigation Before the investigation and punishment on a tipped-off tax-related illegal act is finalized, the taxation authority may not tell Article 20 A taxation authority shall make a strict rigorous before paying the tip-off reward. If it neglects its duties or resorts to fraud Article 21 In case an informant makes particularly excellent contributions, the taxation authority may, pay corresponding spiritual reward in Article 22 The state taxation administration of each province, autonomous region, municipality directly under the Central Government and city The local taxation administration of each province, autonomous region, municipality directly under the Central Government and city Article 23 The State Administration of Taxation shall be responsible for making the formats of the Form on Examining and Approving the Reward Article 24 The terms “not less than” and “not more than” as mentioned in these Measures shall include the number mentioned. Article 25 The State Administration of Taxation and the Ministry of Finance shall be responsible for interpreting these Measures. Article 26 These Measures shall go into effect as of March 1, 2007. The Measures on Awarding Tip-offs against Tax-related Illegal Cases printed |
The State Administration of Taxation, the Ministry of Finance
2007-01-13