|
The State Council
Decree of the State Council of the People’s Republic of China
No. 11
Interim Regulations of the People’s Republic of China on Stamp Tax adopted by the 9th Executive Meeting of the State Council on June
24, 1988 are hereby promulgated and shall come into force as of the day of October 1, 1988.
Premier of the State Council, Li Peng
August 6, 1988
Interim Regulations of the People’s Republic of China on Stamp Tax
Article 1
All units and individuals who execute or receive, within the territory of the People’s Republic of China, documents in the categories
specified in these Regulations shall be taxpayers subject to stamp tax (hereinafter referred to as “taxpayers”), and shall pay stamp
tax in accordance with the provisions of these Regulations.
Article 2
The following categories of documents shall be taxable documents:
(1)
Contracts or documents in the nature of a contract with regard to: purchases and sales, the undertaking of processing, contracting
for construction projects, property leasing, commodity transport, warehousing, loans, property, insurance, technology;
(2)
Documents for transfer of property rights;
(3)
Business account books;
(4)
Certificates evidencing rights or licenses; and
(5)
Other documents that are taxable as determined by the Ministry of Finance.
Article 3
According to the nature of the taxable document, taxpayers shall calculate the amount of tax due on the basis of a flat tax rate or
a fixed amount per document. Determination the specific tax rate or amount of tax shall be made with reference to the Schedule of
Tax Items and Tax Rates accompanying these Regulations.
No stamp tax shall be due where the amount of tax payable does not exceed one jiao.
Where the amount of tax payable is one jiao or more, an odd amount not exceeding five fen shall not be counted; where the odd amount
is five fen or more, the tax shall be calculated as one jiao.
Article 4
The following documents shall be exempt from stamp tax:
(1)
Duplicates or copies of documents on which stamp tax has already been paid;
(2)
Documents executed for the donation of property to the government, social welfare establishments or schools by the property owner;
(3)
Other documents which are exempt from stamp tax with the approval of the Ministry of Finance.
Article 5
Measures for the payment of stamp tax shall be implemented whereby taxpayers shall, in accordance with the provisions, calculate the
amount of tax payable and purchase and affix at one time the full corresponding amount of tax stamps (hereinafter referred to as
“stamping”).
In order to simplify the stamping procedures where the amount of tax to be paid is relatively large or where frequent stamping is
necessary, taxpayers may apply to the tax authorities to use a tax payment account instead of stamping, or a periodic payment method.
Article 6
“Fax stamps shall be affixed to taxable documents; taxpayers shall cancel each stamp along its border with a seal or a drawn line.
Tax stamps that have already been affixed may not be reused.
Article 7
Tax stamps shall be affixed to taxable documents at the time of execution or upon receipt.
Article 8
Where the same document is executed by two or more parties and each party holds a copy; each party shall be responsible for affixing
on its own copy the full amount of tax stamps due.
Article 9
Where a document on which tax stamps have already been affixed is amended, resulting in an increase in the value thereof, additional
tax stamps shall be affixed on the document in accordance with the amount of such increase.
Article 10
The tax authorities shall be responsible for the administration of the collection of stamp tax.
Article 11
The State Administration of Taxation shall supervise the printing of the tax stamps. The face value of tax stamps shall be denominated
in Renminbi.
Article 12
Units issuing or processing taxable documents shall be responsible for the supervision to taxpayers in respect of the payment of stamp
tax in accordance with the law.
Article 13
Where taxpayers are found to have engaged in any of the following, the tax authorities shall impose penalties in light of the seriousness
of the case:
(1)
In the case of a failure to affix tax stamps, or to affix an insufficient amount of tax stamps, on taxable documents, the tax authorities
may, in addition to ordering taxpayers to make up the tax stamps, impose a fine equal to twenty times or less the amount of tax stamps
due;
(2)
In the case of a violation of the provisions of Paragraph 1 of Article 6 of these Regulations, the tax authorities may impose a fine
equal to ten times or less the amount of the tax stamps that have not been cancelled by a seal or a drawn line; and
(3)
In the case of a violation of the provisions of Paragraph 2 of Article 6 of these Regulations, the tax authorities may impose a fine
equal to thirty times or less the amount of the tax stamps that have been reused.
In a case where tax stamps have been forged, the tax authorities shall submit the matter to the judicial authorities for investigation
into criminal liability in accordance with the law.
Article 14
The collection and administration of stamp tax shall, in addition to the provisions of these Regulations, be administered in accordance
with the pertinent provisions of the Interim Regulations of the People’s Republic of China on Administration of Tax Collection.
Article 15
The Ministry of Finance shall be responsible for the interpretation of these Regulations. The rules for the implementation of these
Regulations shall be formulated by the Ministry of Finance.
Article 16
These Regulations shall enter into force as of October 1, 1988.
htm/e02809.htm Attachment
Attachment:
Stamp Tax Schedule of Tax Items and Tax Rates
|
Tax Item
|
Scope
|
Tax Rate
|
Tax Payer
|
|
1. purchases and sales contracts
|
including contracts for supply, advanced sales,institutional purchases, combined purchase and cooperative manufacturing,assembly
compensation trade,barter, and so on.
|
0.03% of the value of the or sale
|
parties to the contract
|
|
2. processing contracts
|
including contracts for processing, special orders, repair and renovation,overhaul, printing,advertising,surveying,testing
and so on.
|
stamping as 0.05% of the income from processing or contracting
|
parties to the contract
|
|
3. survey and design contracts for engineering and construction projects
|
including contracts for survey and design
|
0.05% of receipts
|
parties to the contract
|
|
4.construction and installation project contracts
|
including contracts for constraction and installation undertaking
|
0.03% of the contracted amount
|
parties to the contract
|
|
5. property leasing contracts
|
including contracts for leasing of buildings, vessels, aircraft, motor vehicles, machinery, appliances and other
such equipment
|
0.1% of the lease amounts less than one yuan to be stamped as one yuan
|
parties to the contract
|
|
6. goods transportation contracts
|
including contracts for civil aviation, railway transportation, maritime transportation. inland water ways, overland
and through transportation
|
0.05% of the transportation fees
|
parties to the contract
|
|
7. warehousing and safekeeping contracts
|
including contracts for warehousing and safekeeping
|
0.01% of the ware housing and safekeeping fee
|
parties to the contract
|
|
8. contracts for loan
|
including contracts for loan entered by banks and other financial organizations and borrowers except interbank loan
agreements
|
0.005% of the loan amount
|
parties to the contract
|
|
9. property insurance contracts
|
including insurance contracts for property,bonding,guarantee, surety and credit undertakings and so on
|
0.003% of the amount insured
|
parties to the contract
|
|
10. technology contracts
|
including contracts for technology development and transfer, consulting, service, and so on
|
0.03% of the indicated amount
|
parties to the contract
|
|
11. property transfer documents
|
including transfer documents for property ownership and copyrights, trademark rights, patents, the right to the
use of proprietary technology and so on
|
0.05% of the amount indicated
|
parties executing the document(s)
|
|
12. business accounting documents
|
account books used for production and business operations
|
account books for recording funds:0.05% of the total amount of the original value of fixed assets and selfowned
working capital; other account books: 5 yuan for each
|
business accounting entities
|
|
13.certificates and licences
|
including certificates of post_title for building business licences for buildings, in industry and commerce, certificates
for registration of trade-marks, certificates of patents, and land use certificates
|
5 yuan per document for
|
receiver(s) of the document(s)
|
|
