The latest stamp tax law (Draft) solicits opinions, and the problem of tax payment location for construction enterprises is finally clear!


In March, “Jian’an enterprises look, hear and ask questions and risk management and control strategies under the anti dishonor system” in Jinan, in March “from financial analysis to business analysis” in Zhengzhou, in March, in Shenzhen, the registration for the course of construction income standard was in progress….

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The stamp tax law (draft) was discussed at the 26th meeting of the 13th NPC Standing Committee

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The draft of the stamp tax law of the people’s Republic of China is now published on the website of the people’s Congress of China

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The public can directly log on to the website of the people’s Congress of China( www.npc.gov.cn )They can also be sent to the legal work committee of the Standing Committee of the National People’s Congress (1 Qianmen West Street, Xicheng District, Beijing, 100805)

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Please indicate on the envelope the draft stamp tax law (for comments)

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Deadline for comments: March 29, 2021

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Stamp tax law of the people’s Republic of China

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The units and individuals that use the taxable certificates in writing outside the territory of the people’s Republic of China within the territory shall pay stamp duty in accordance with the provisions of this law

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Article 2 for the purposes of this law, the term “taxable documents” refers to the contracts, documents of transfer of property rights and business books listed in the table of tax items and rates of stamp duty attached to this law

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Article 3 the term “securities trading” as used in this Law refers to the transfer of the company’s stocks and the stock based depository receipts at the legally established stock exchanges and other national stock exchanges approved by the State Council

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Stamp duty on securities transactions is levied on the transferor of securities transactions, not on the transferee

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Article 4 the tax items and tax rates of stamp duty shall be implemented in accordance with the table of tax items and tax rates of stamp duty

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Article 5 the tax basis of stamp duty is as follows: (1) the tax basis of the taxable contract is the amount listed in the contract, excluding the specified value-added tax; (2) the tax basis of the taxable property right transfer document is the amount listed in the property right transfer document, excluding the specified value-added tax; (3) the tax basis of taxable business books shall be the total amount of paid in capital (share capital) and capital reserve recorded in the books; (4) the tax basis of securities transactions shall be the transaction amount

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Article 6 if the amount of stamp tax is not specified in the taxable contract or the certificate of transfer of property rights, the basis for calculating the stamp tax shall be determined according to the amount of actual settlement

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If the basis for tax calculation cannot be determined in accordance with the provisions of the preceding paragraph, it shall be determined according to the market price at the time of the establishment of the contract and the transfer of property rights; if the government’s fixed price or the government’s guided price should be implemented according to law, it shall be determined in accordance with the relevant provisions of the state

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Article 7 if there is no transfer price in a securities transaction, the tax basis shall be calculated and determined according to the closing price of the securities on the previous trading day when the transfer registration procedures are handled; if there is no closing price, the tax basis shall be calculated and determined according to the face value of the securities

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Article 8 the amount of stamp duty payable shall be calculated by multiplying the basis of tax calculation by the applicable tax rate

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Article 9 if the same taxable document contains two or more economic matters and the amount of which is listed separately, the amount of tax payable shall be calculated separately according to the respective applicable tax items and tax rates; if the amount of tax is not listed separately, the higher applicable tax rate shall apply

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Article 10 where the same taxable certificate is made by two or more parties in writing, the amount of tax payable shall be calculated separately according to the respective amounts involved

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Article 11 if the total amount of paid in capital (share capital) and capital reserve recorded in the business account book with stamp duty paid in the following years increases compared with the total amount of paid in capital (share capital) and capital reserve with stamp duty paid, the tax payable shall be calculated according to the increased part

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Article 12 the following certificates shall be exempted from stamp duty: (1) copies or transcripts of taxable certificates; (2) Taxable certificates issued by foreign embassies and consulates in China and representative offices of international organizations in China to obtain tax exemption according to law; (3) Taxable certificates issued by the Chinese people’s Liberation Army and the Chinese people’s armed police force (4) sales contracts and agricultural insurance contracts signed by farmers, family farms, farmers’ professional cooperatives, rural collective economic organizations and villagers’ committees for purchasing agricultural means of production or selling agricultural products; (5) interest free or discount loan contracts, loan contracts signed by international financial organizations for providing preferential loans to China; (6) property owners giving property to China The documents of property right transfer with the government, schools, social welfare institutions and charitable organizations; (7) the sales contracts of drugs or sanitary materials purchased by non-profit medical and health institutions; (8) the electronic orders signed by e-commerce operators and users

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According to the needs of national economic and social development, the State Council may prescribe the reduction or exemption of stamp duty and report it to the Standing Committee of the National People’s Congress for the record

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Article 13 Where a taxpayer is a unit, it shall declare and pay stamp tax to the competent tax authority in the place where the organization is located; where a taxpayer is an individual, it shall declare and pay stamp tax to the competent tax authority in the place where the taxable certificate is established or where the taxpayer lives

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If the property right of the real estate is transferred, the taxpayer shall declare and pay the stamp tax to the competent tax authority in the place where the real estate is located

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Article 14 If a taxpayer is an overseas unit or individual and has an agent in China, its agent in China shall be the withholding agent; if there is no agent in China, it shall be handled in accordance with the provisions of the competent tax department under the State Council

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A securities registration and settlement institution, as the withholding agent of stamp tax on securities transactions, shall report the tax paid and the interest of bank settlement to the competent tax authority in the place where the institution is located

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Article 15 the time when the duty to pay stamp duty occurs shall be the day when the taxpayer sets up the taxable certificate or completes the securities transaction

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The obligation of withholding stamp duty of securities transaction occurs on the day of completion of securities transaction

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Article 16 stamp duty shall be calculated and levied on a quarterly, annual or time-based basis

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In the case of quarterly or annual tax collection, the taxpayer shall declare and pay tax within 15 days from the end of the quarter or year; in the case of individual tax collection, the taxpayer shall declare and pay tax within 15 days from the date of the occurrence of the duty to pay tax

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Stamp duty on securities transactions is paid weekly

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The withholding agent of securities transaction stamp tax shall report the tax paid and the interest settled by the bank within five days from the end of each week

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Article 17 stamp duty may be paid by pasting a stamp duty receipt or issuing other tax payment certificates

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If the tax stamp is pasted on the taxable certificate, the taxpayer shall stamp or draw off each tax stamp at the gap

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Tax stamps shall be made under the supervision of the competent department of taxation under the State Council

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Article 18 stamp duty shall be collected and administered by the tax authorities in accordance with the provisions of this Law and the law of the people’s Republic of China on the administration of tax collection

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Article 19 taxpayers, withholding agents, tax authorities and their staff members who violate the provisions of this Law shall be investigated for legal responsibility in accordance with the law of the people’s Republic of China on the administration of tax collection and relevant laws and administrative regulations

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Article 20 this Law shall come into force as of

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The Provisional Regulations of the people’s Republic of China on stamp duty promulgated by the State Council on August 6, 1988 shall be repealed at the same time..

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