| 中华人民共和国税收征收管理法(修正)(附英文)
全国人民代表大会常务委员会 中华人民共和国税收征收管理法 (1992年9月4日第七届全国人民代表大会常务委员会第二十七次会议通过 根据1995年2月28日第八届全国人民代表大会常务委员会第十二次会议《关于修改〈中华人民共和国税收征收管理法〉的决定》修正 2001年4月28日第九届全国人民代表大会常务委员会第二十一次会议修订) 中华人民共和国主席令 第四十九号 《中华人民共和国税收征收管理法》已由中华人民共和国第九届全国人民代表大会常务委员会第二十一次会议于2001年4月28日修订通过,现将修订后的《中华人民共和国税收征收管理法》公布,自2001年5月1日起施行。 中华人民共和国主席 江泽民 2001年4月28日 目录 第一章 总 则 第二章 税务管理 第一节 税务登记 第二节 帐簿、凭证管理 第三节 纳税申报 第三章 税款征收 第四章 税务检查 第五章 法律责任 第六章 附 则 第一章 总 则 第一条 为了加强税收征收管理,规范税收征收和缴纳行为,保障国家税收收入,保护纳税人的合法权益,促进经济和社会发展,制定本法。 第二条 凡依法由税务机关征收的各种税收的征收管理,均适用本法。 第三条 税收的开征、停征以及减税、免税、退税、补税,依照法律的规定执行;法律授权国务院规定的,依照国务院制定的行政法规的规定执行。 任何机关、单位和个人不得违反法律、行政法规的规定,擅自作出税收开征、停征以及减税、免税、退税、补税和其他同税收法律、行政法规相抵触的决定。 第四条 法律、行政法规规定负有纳税义务的单位和个人为纳税人。 法律、行政法规规定负有代扣代缴、代收代缴税款义务的单位和个人为扣缴义务人。 纳税人、扣缴义务人必须依照法律、行政法规的规定缴纳税款、代扣代缴、代收代缴税款。 第五条 国务院税务主管部门主管全国税收征收管理工作。各地国家税务局和地方税务局应当按照国务院规定的税收征收管理范围分别进行征收管理。 地方各级人民政府应当依法加强对本行政区域内税收征收管理工作的领导或者协调,支持税务机关依法执行职务,依照法定税率计算税额,依法征收税款。 各有关部门和单位应当支持、协助税务机关依法执行职务。 税务机关依法执行职务,任何单位和个人不得阻挠。 第六条 国家有计划地用现代信息技术装备各级税务机关,加强税收征收管理信息系统的现代化建设,建立、健全税务机关与政府其他管理机关的信息共享制度。 纳税人、扣缴义务人和其他有关单位应当按照国家有关规定如实向税务机关提供与纳税和代扣代缴、代收代缴税款有关的信息。 第七条 税务机关应当广泛宣传税收法律、行政法规,普及纳税知识,无偿地为纳税人提供纳税咨询服务。 第八条 纳税人、扣缴义务人有权向税务机关了解国家税收法律、行政法规的规定以及与纳税程序有关的情况。 纳税人、扣缴义务人有权要求税务机关为纳税人、扣缴义务人的情况保密。税务机关应当依法为纳税人、扣缴义务人的情况保密。 纳税人依法享有申请减税、免税、退税的权利。 纳税人、扣缴义务人对税务机关所作出的决定,享有陈述权、申辩权;依法享有申请行政复议、提起行政诉讼、请求国家赔偿等权利。 纳税人、扣缴义务人有权控告和检举税务机关、税务人员的违法违纪行为。 第九条 税务机关应当加强队伍建设,提高税务人员的政治业务素质。 税务机关、税务人员必须秉公执法,忠于职守,清正廉洁,礼貌待人,文明服务,尊重和保护纳税人、扣缴义务人的权利,依法接受监督。 税务人员不得索贿受贿、徇私舞弊、玩忽职守、不征或者少征应征税款;不得滥用职权多征税款或者故意刁难纳税人和扣缴义务人。 第十条 各级税务机关应当建立、健全内部制约和监督管理制度。 上级税务机关应当对下级税务机关的执法活动依法进行监督。 各级税务机关应当对其工作人员执行法律、行政法规和廉洁自律准则的情况进行监督检查。 第十一条 税务机关负责征收、管理、稽查、行政复议的人员的职责应当明确,并相互分离、相互制约。 第十二条 税务人员征收税款和查处税收违法案件,与纳税人、扣缴义务人或者税收违法案件有利害关系的,应当回避。 第十三条 任何单位和个人都有权检举违反税收法律、行政法规的行为。收到检举的机关和负责查处的机关应当为检举人保密。税务机关应当按照规定对检举人给予奖励。 第十四条 本法所称税务机关是指各级税务局、税务分局。税务所和按照国务院规定设立的并向社会公告的税务机构。 第二章 税务管理 第一节 税务登记 第十五条 企业,企业在外地设立的分支机构和从事生产、经营的场所,个体工商户和从事生产、经营的事业单位(以下统称从事生产、经营的纳税人)自领取营业执照之日起三十日内,持有关证件,向税务机关申报办理税务登记。税务机关应当自收到申报之日起三十日内审核并发给税务登记证件。 工商行政管理机关应当将办理登记注册、核发营业执照的情况,定期向税务机关通报。 本条第一款规定以外的纳税人办理税务登记和扣缴义务人办理扣缴税款登记的范围和办法,由国务院规定。 第十六条 从事生产、经营的纳税人,税务登记内容发生变化的,自工商行政管理机关办理变更登记之日起三十日内或者在向工商行政管理机关申请办理注销登记之前,持有关证件向税务机关申报办理变更或者注销税务登记。 第十七条 从事生产、经营的纳税人应当按照国家有关规定,持税务登记证件,在银行或者其他金融机构开立基本存款帐户和其他存款帐户,并将其全部帐号向税务机关报告。 银行和其他金融机构应当在从事生产、经营的纳税人的帐户中登录税务登记证件号码,并在税务登记证件中登录从事生产、经营的纳税人的帐户帐号。 税务机关依法查询从事生产、经营的纳税人开立帐户的情况时,有关银行和其他金融机构应当予以协助。 第十八条 纳税人按照国务院税务主管部门的规定使用税务登记证件。税务登记证件不得转借、涂改、损毁、买卖或者伪造。 第二节 帐簿、凭证管理 第十九条 纳税人、扣缴义务人按照有关法律、行政法规和国务院财政、税务主管部门的规定设置帐簿,根据合法、有效凭证记帐,进行核算。 第二十条 从事生产、经营的纳税人的财务、会计制度或者财务、会计处理办法和会计核算软件,应当报送税务机关备案。 纳税人、扣缴义务人的财务、会计制度或者财务、会计处理办法与国务院或者国务院财政、税务主管部门有关税收的规定抵触的,依照国务院或者国务院财政、税务主管部门有关税收的规定计算应纳税款、代扣代缴和代收代缴税款。 第二十一条 税务机关是发票的主管机关,负责发票印制、领购、开具、取得、保管、缴销的管理和监督。 单位、个人在购销商品、提供或者接受经营服务以及从事其他经营活动中,应当按照规定开具、使用、取得发票。 发票的管理办法由国务院规定。 第二十二条 增值税专用发票由国务院税务主管部门指定的企业印制;其他发票,按照国务院税务主管部门的规定,分别由省、自治区、直辖市国家税务局、地方税务局指定企业印制。 未经前款规定的税务机关指定,不得印制发票。 第二十三条 国家根据税收征收管理的需要,积极推广使用税控装置。纳税人应当按照规定安装、使用税控装置,不得损毁或者擅自改动税控装置。 第二十四条 从事生产、经营的纳税人、扣缴义务人必须按照国务院财政、税务主管部门规定的保管期限保管帐簿、记帐凭证、完税凭证及其他有关资料。 帐簿、记帐凭证、完税凭证及其他有关资料不得伪造、变造或者擅自损毁。(未完待续) 第三节 纳税申报 第二十五条 纳税人必须依照法律、行政法规规定或者税务机关依照法律、行政法规的规定确定的申报期限、申报内容如实办理纳税申报,报送纳税申报表、财务会计报表以及税务机关根据实际需要要求纳税人报送的其他纳税资料。 扣缴义务人必须依照法律、行政法规规定或者税务机关依照法律、行政法规的规定确定的申报期限、申报内容如实报送代扣代缴、代收代缴税款报告表以及税务机关根据实际需要要求扣缴义务人报送的其他有关资料。 第二十六条 纳税人、扣缴义务人可以直接到税务机关办理纳税申报或者报送代扣代缴、代收代缴税款报告表,也可以按照规定采取邮寄、数据电文或者其他方式办理上述申报、报送事项。 第二十七条 纳税人、扣缴义务人不能按期办理纳税申报或者报送代扣代缴、代收代缴税款报告表的,经税务机关核准,可以延期申报。 经核准延期办理前款规定的申报、报送事项的,应当在纳税期内按照上期实际缴纳的税额或者税务机关核定的税额预缴税款,并在核准的延期内办理税款结算。 第三章 税款征收 第二十八条 税务机关依照法律、行政法规的规定征收税款,不得违反法律、行政法规的规定开征、停征、多征、少征、提前征收、延缓征收或者摊派税款。 农业税应纳税额按照法律、行政法规的规定核定。 第二十九条 除税务机关、税务人员以及经税务机关依照法律、行政法规委托的单位和人员外,任何单位和个人不得进行税款征收活动。 第三十条 扣缴义务人依照法律、行政法规的规定履行代扣、代收税款的义务。对法律、行政法规没有规定负有代扣、代收税款义务的单位和个人,税务机关不得要求其履行代扣、代收税款义务。 扣缴义务人依法履行代扣、代收税款义务时,纳税人不得拒绝。纳税人拒绝的,扣缴义务人应当及时报告税务机关处理。 税务机关按照规定付给扣缴义务人代扣、代收手续费。 第三十一条 纳税人、扣缴义务人按照法律、行政法规规定或者税务机关依照法律、行政法规的规定确定的期限,缴纳或者解缴税款。 纳税人因有特殊困难,不能按期缴纳税款的,经省、自治区、直辖市国家税务局、地方税务局批准,可以延期缴纳税款,但是最长不得超过三个月。 第三十二条 纳税人未按照规定期限缴纳税款的,扣缴义务人未按照规定期限解缴税款的,税务机关除责令限期缴纳外,从滞纳税款之日起,按日加收滞纳税款万分之五的滞纳金。 第三十三条 纳税人可以依照法律、行政法规的规定书面申请减税、免税。 减税、免税的申请须经法律、行政法规规定的减税、免税审查批准机关审批。地方各级人民政府、各级人民政府主管部门、单位和个人违反法律、行政法规规定,擅自作出的减税、免税决定无效,税务机关不得执行,并向上级税务机关报告。 第三十四条 税务机关征收税款时,必须给纳税人开具完税凭证。扣缴义务人代扣、代收税款时,纳税人要求扣缴义务人开具代扣、代收税款凭证的,扣缴义务人应当开具。 第三十五条 纳税人有下列情形之一的,税务机关有权核定其应纳税额: (一)依照法律、行政法规的规定可以不设置帐簿的; (二)依照法律、行政法规的规定应当设置帐簿但未设置的; (三)擅自销毁帐簿或者拒不提供纳税资料的; (四)虽设置帐簿,但帐目混乱或者成本资料、收入凭证、费用凭证残缺不全,难以查帐的; (五)发生纳税义务,未按照规定的期限办理纳税申报,经税务机关责令限期申报,逾期仍不申报的; (六)纳税人申报的计税依据明显偏低,又无正当理由的。 税务机关核定应纳税额的具体程序和方法由国务院税务主管部门规定。 第三十六条 企业或者外国企业在中国境内设立的从事生产、经营的机构、场所与其关联企业之间的业务往来,应当按照独立企业之间的业务往来收取或者支付价款、费用;不按照独立企业之间的业务往来收取或者支付价款、费用,而减少其应纳税的收入或者所得额的,税务机关有权进行合理调整。 第三十七条 对未按照规定办理税务登记的从事生产、经营的纳税人以及临时从事经营的纳税人,由税务机关核定其应纳税额,责令缴纳;不缴纳的,税务机关可以扣押其价值相当于应纳税款的商品、货物。扣押后缴纳应纳税款的,税务机关必须立即解除扣押,并归还所扣押的商品、货物;扣押后仍不缴纳应纳税款的,经县以上税务局(分局)局长批准,依法拍卖或者变卖所扣押的商品、货物,以拍卖或者变卖所得抵缴税款。 第三十八条 税务机关有根据认为从事生产、经营的纳税人有逃避纳税义务行为的,可以在规定的纳税期之前,责令限期缴纳应纳税款;在限期内发现纳税人有明显的转移、隐匿其应纳税的商品、货物以及其他财产或者应纳税的收入的迹象的,税务机关可以责成纳税人提供纳税担保。如果纳税人不能提供纳税担保,经县以上税务局(分局)局长批准,税务机关可以采取下列税收保全措施: (一)书面通知纳税人开户银行或者其他金融机构冻结纳税人的金额相当于应纳税款的存款; (二)扣押、查封纳税人的价值相当于应纳税款的商品、货物或者其他财产。 纳税人在前款规定的限期内缴纳税款的,税务机关必须立即解除税收保全措施;限期期满仍未缴纳税款的,经县以上税务局(分局)局长批准,税务机关可以书面通知纳税人开户银行或者其他金融机构从其冻结的存款中扣缴税款,或者依法拍卖或者变卖所扣押、查封的商品、货物或者其他财产,以拍卖或者变卖所得抵缴税款。 个人及其所扶养家属维持生活必需的住房和用品,不在税收保全措施的范围之内。 第三十九条 纳税人在限期内已缴纳税款,税务机关未立即解除税收保全措施,使纳税人的合法利益遭受损失的,税务机关应当承担赔偿责任。 第四十条 从事生产、经营的纳税人、扣缴义务人未按照规定的期限缴纳或者解缴税款,纳税担保人未按照规定的期限缴纳所担保的税款,由税务机关责令限期缴纳,逾期仍未缴纳的,经县以上税务局(分局)局长批准,税务机关可以采取下列强制执行措施: (一)书面通知其开户银行或者其他金融机构从其存款中扣缴税款; (二)扣押、查封、依法拍卖或者变卖其价值相当于应纳税款的商品、货物或者其他财产,以拍卖或者变卖所得抵缴税款。 税务机关采取强制执行措施时,对前款所列纳税人、扣缴义务人、纳税担保人未缴纳的滞纳金同时强制执行。 个人及其所扶养家属维持生活必需的住房和用品,不在强制执行措施的范围之内。 第四十一条 本法第三十七条、第三十八条、第四十条规定的采取税收保全措施、强制执行措施的权力,不得由法定的税务机关以外的单位和个人行使。 第四十二条 税务机关采取税收保全措施和强制执行措施必须依照法定权限和法定程序,不得查封、扣押纳税人个人及其所扶养家属维持生活必需的住房和用品。 第四十三条 税务机关滥用职权违法采取税收保全措施、强制执行措施,或者采取税收保全措施、强制执行措施不当,使纳税人、扣缴义务人或者纳税担保人的合法权益遭受损失的,应当依法承担赔偿责任。 第四十四条 欠缴税款的纳税人或者他的法定代表人需要出境的,应当在出境前向税务机关结清应纳税款、滞纳金或者提供担保。未结清税款、滞纳金,又不提供担保的,税务机关可以通知出境管理机关阻止其出境。 第四十五条 税务机关征收税款,税收优先于无担保债权,法律另有规定的除外;纳税人欠缴的税款发生在纳税人以其财产设定抵押、质押或者纳税人的财产被留置之前的,税收应当先于抵押权、质权、留置权执行。 纳税人欠缴税款,同时又被行政机关决定处以罚款、没收违法所得的,税收优先于罚款、没收违法所得。 税务机关应当对纳税人欠缴税款的情况定期予以公告。 第四十六条 纳税人有欠税情形而以其财产设定抵押、质押的,应当向抵押权人、质权人说明其欠税情况。抵押权人、质权人可以请求税务机关提供有关的欠税情况。 第四十七条 税务机关扣押商品、货物或者其他财产时,必须开付收据;查封商品、货物或者其他财产时,必须开付清单。 第四十八条 纳税人有合并、分立情形的,应当向税务机关报告,并依法缴清税款。纳税人合并时未缴清税款的,应当由合并后的纳税人继续履行未履行的纳税义务;纳税人分立时未缴清税款的,分立后的纳税人对未履行的纳税义务应当承担连带责任。 第四十九条 欠缴税款数额较大的纳税人在处分其不动产或者大额资产之前,应当向税务机关报告。 第五十条 欠缴税款的纳税人因怠于行使到期债权,或者放弃到期债权,或者无偿转让财产,或者以明显不合理的低价转让财产而受让人知道该情形,对国家税收造成损害的,税务机关可以依照合同法第七十三条、第七十四条的规定行使代位权、撤销权。 税务机关依照前款规定行使代位权、撤销权的,不免除欠缴税款的纳税人尚未履行的纳税义务和应承担的法律责任。 第五十一条 纳税人超过应纳税额缴纳的税款,税务机关发现后应当立即退还;纳税人自结算缴纳税款之日起三年内发现的,可以向税务机关要求退还多缴的税款并加算银行同期存款利息,税务机关及时查实后应当立即退还;涉及从国库中退库的,依照法律、行政法规有关国库管理的规定退还。 第五十二条 因税务机关的责任,致使纳税人、扣缴义务人未缴或者少缴税款的,税务机关在三年内可以要求纳税人、扣缴义务人补缴税款,但是不得加收滞纳金。 因纳税人、扣缴义务人计算错误等失误,未缴或者少缴税款的,税务机关在三年内可以追征税款、滞纳金;有特殊情况的,追征期可以延长到五年。 对偷税、抗税、骗税的,税务机关追征其未缴或者少缴的税款、滞纳金或者所骗取的税款,不受前款规定期限的限制。 第五十三条 国家税务局和地方税务局应当按照国家规定的税收征收管理范围和税款入库预算级次,将征收的税款缴入国库。 对审计机关、财政机关依法查出的税收违法行为,税务机关应当根据有关机关的决定、意见书,依法将应收的税款、滞纳金按照税款入库预算级次缴入国库,并将结果及时回复有关机关。 第四章 税务检查 第五十四条 税务机关有权进行下列税务检查: (一)检查纳税人的帐簿、记帐凭证、报表和有关资料,检查扣缴义务人代扣代缴、代收代缴税款帐簿、记帐凭证和有关资料; (二)到纳税人的生产、经营场所和货物存放地检查纳税人应纳税的商品、货物或者其他财产,检查扣缴义务人与代扣代缴、代收代缴税款有关的经营情况; (三)责成纳税人、扣缴义务人提供与纳税或者代扣代缴、代收代缴税款有关的文件、证明材料和有关资料; (四)询问纳税人、扣缴义务人与纳税或者代扣代缴、代收代缴税款有关的问题和情况; (五)到车站、码头、机场、邮政企业及其分支机构检查纳税人托运、邮寄应纳税商品、货物或者其他财产的有关单据、凭证和有关资料; (六)经县以上税务局(分局)局长批准,凭全国统一格式的检查存款帐户许可证明,查询从事生产、经营的纳税人、扣缴义务人在银行或者其他金融机构的存款帐户。税务机关在调查税收违法案件时,经设区的市、自治州以上税务局(分局)局长批准,可以查询案件涉嫌人员的储蓄存款。税务机关查询所获得的资料,不得用于税收以外的用途。 第五十五条 税务机关对从事生产、经营的纳税人以前纳税期的纳税情况依法进行税务检查时,发现纳税人有逃避纳税义务行为,并有明显的转移、隐匿其应纳税的商品、货物以及其他财产或者应纳税的收入的迹象的,可以按照本法规定的批准权限采取税收保全措施或者强制执行措施。 第五十六条 纳税人、扣缴义务人必须接受税务机关依法进行的税务检查,如实反映情况,提供有关资料,不得拒绝、隐瞒。 第五十七条 税务机关依法进行税务检查时,有权向有关单位和个人调查纳税人、扣缴义务人和其他当事人与纳税或者代扣代缴、代收代缴税款有关的情况,有关单位和个人有义务向税务机关如实提供有关资料及证明材料。 第五十八条 税务机关调查税务违法案件时,对与案件有关的情况和资料,可以记录、录音、录像、照相和复制。 第五十九条 税务机关派出的人员进行税务检查时,应当出示税务检查证和税务检查通知书,并有责任为被检查人保守秘密;未出示税务检查证和税务检查通知书的,被检查人有权拒绝检查。 第五章 法律责任 第六十条 纳税人有下列行为之一的,由税务机关责令限期改正,可以处二千元以下的罚款;情节严重的,处二千元以上一万元以下的罚款: (一)未按照规定的期限申报办理税务登记、变更或者注销登记的; (二)未按照规定设置、保管帐簿或者保管记帐凭证和有关资料的; (三)未按照规定将财务、会计制度或者财务、会计处理办法和会计核算软件报送税务机关备查的; (四)未按照规定将其全部银行帐号向税务机关报告的; (五)未按照规定安装、使用税控装置,或者损毁或者擅自改动税控装置的。 纳税人不办理税务登记的,由税务机关责令限期改正;逾期不改正的,经税务机关提请,由工商行政管理机关吊销其营业执照。 纳税人未按照规定使用税务登记证件,或者转借、涂改、损毁、买卖、伪造税务登记证件的,处二千元以上一万元以下的罚款;情节严重的,处一万元以上五万元以下的罚款。 第六十一条 扣缴义务人未按照规定设置、保管代扣代缴、代收代缴税款帐簿或者保管代扣代缴、代收代缴税款记帐凭证及有关资料的,由税务机关责令限期改正,可以处二千元以下的罚款;情节严重的,处二千元以上五千元以下的罚款。 第六十二条 纳税人未按照规定的期限办理纳税申报和报送纳税资料的,或者扣缴义务人未按照规定的期限向税务机关报送代扣代缴、代收代缴税款报告表和有关资料的,由税务机关责令限期改正,可以处二千元以下的罚款;情节严重的,可以处二千元以上一万元以下的罚款。 第六十三条 纳税人伪造、变造、隐匿、擅自销毁帐簿、记帐凭证,或者在帐簿上多列支出或者不列、少列收入,或者经税务机关通知申报而拒不申报或者进行虚假的纳税申报,不缴或者少缴应纳税款的,是偷税。对纳税人偷税的,由税务机关追缴其不缴或者少缴的税款、滞纳金,并处不缴或者少缴的税款百分之五十以上五倍以下的罚款;构成犯罪的,依法追究刑事责任。 扣缴义务人采取前款所列手段,不缴或者少缴已扣、已收税款,由税务机关追缴其不缴或者少缴的税款、滞纳金,并处不缴或者少缴的税款百分之五十以上五倍以下的罚款;构成犯罪的,依法追究刑事责任。 第六十四条 纳税人、扣缴义务人编造虚假计税依据的,由税务机关责令限期改正,并处五万元以下的罚款。 纳税人不进行纳税申报,不缴或者少缴应纳税款的,由税务机关追缴其不缴或者少缴的税款、滞纳金,并处不缴或者少缴的税款百分之五十以上五倍以下的罚款。 第六十五条 纳税人欠缴应纳税款,采取转移或者隐匿财产的手段,妨碍税务机关追缴欠缴的税款的,由税务机关追缴欠缴的税款、滞纳金,并处欠缴税款百分之五十以上五倍以下的罚款;构成犯罪的,依法追究刑事责任。 第六十六条 以假报出口或者其他欺骗手段,骗取国家出口退税款的,由税务机关追缴其骗取的退税款,并处骗取税款一倍以上五倍以下的罚款;构成犯罪的,依法追究刑事责任。 对骗取国家出口退税款的,税务机关可以在规定期间内停止为其办理出口退税。 第六十七条 以暴力、威胁方法拒不缴纳税款的,是抗税,除由税务机关追缴其拒缴的税款、滞纳金外,依法追究刑事责任。情节轻微,未构成犯罪的,由税务机关追缴其拒缴的税款、滞纳金,并处拒缴税款一倍以上五倍以下的罚款。 第六十八条 纳税人、扣缴义务人在规定期限内不缴或者少缴应纳或者应解缴的税款,经税务机关责令限期缴纳,逾期仍未缴纳的,税务机关除依照本法第四十条的规定采取强制执行措施追缴其不缴或者少缴的税款外,可以处不缴或者少缴的税款百分之五十以上五倍以下的罚款。 第六十九条 扣缴义务人应扣未扣、应收而不收税款的,由税务机关向纳税人追缴税款,对扣缴义务人处应扣未扣、应收未收税款百分之五十以上三倍以下的罚款。 第七十条 纳税人、扣缴义务人逃避、拒绝或者以其他方式阻挠税务机关检查的,由税务机关责令改正,可以处一万元以下的罚款;情节严重的,处一万元以上五万元以下的罚款。 第七十一条 违反本法第二十二条规定,非法印制发票的,由税务机关销毁非法印制的发票,没收违法所得和作案工具,并处一万元以上五万元以下的罚款;构成犯罪的,依法追究刑事责任。 第七十二条 从事生产、经营的纳税人、扣缴义务人有本法规定的税收违法行为,拒不接受税务机关处理的,税务机关可以收缴其发票或者停止向其发售发票。 第七十三条 纳税人、扣缴义务人的开户银行或者其他金融机构拒绝接受税务机关依法检查纳税人、扣缴义务人存款帐户,或者拒绝执行税务机关作出的冻结存款或者扣缴税款的决定,或者在接到税务机关的书面通知后帮助纳税人、扣缴义务人转移存款,造成税款流失的,由税务机关处十万元以上五十万元以下的罚款,对直接负责的主管人员和其他直接责任人员处一千元以上一万元以下的罚款。 第七十四条 本法规定的行政处罚,罚款额在二千元以下的,可以由税务所决定。 第七十五条 税务机关和司法机关的涉税罚没收入,应当按照税款入库预算级次上缴国库。 第七十六条 税务机关违反规定擅自改变税收征收管理范围和税款入库预算级次的,责令限期改正,对直接负责的主管人员和其他直接责任人员依法给予降级或者撤职的行政处分。 第七十七条 纳税人、扣缴义务人有本法第六十三条、第六十五条、第六十六条、第六十七条、第七十一条规定的行为涉嫌犯罪的,税务机关应当依法移交司法机关追究刑事责任。 税务人员徇私舞弊,对依法应当移交司法机关追究刑事责任的不移交,情节严重的,依法追究刑事责任。 第七十八条 未经税务机关依法委托征收税款的,责令退还收取的财物,依法给予行政处分或者行政处罚;致使他人合法权益受到损失的,依法承担赔偿责任;构成犯罪的,依法追究刑事责任。 第七十九条 税务机关、税务人员查封、扣押纳税人个人及其所扶养家属维持生活必需的住房和用品的,责令退还,依法给予行政处分;构成犯罪的,依法追究刑事责任。 第八十条 税务人员与纳税人、扣缴义务人勾结,唆使或者协助纳税人、扣缴义务人有本法第六十三条、第六十五条、第六十六条规定的行为,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 第八十一条 税务人员利用职务上的便利,收受或者索取纳税人、扣缴义务人财物或者谋取其他不正当利益,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 第八十二条 税务人员徇私舞弊或者玩忽职守,不征或者少征应征税款,致使国家税收遭受重大损失,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 税务人员滥用职权,故意刁难纳税人、扣缴义务人的,调离税收工作岗位,并依法给予行政处分。 税务人员对控告、检举税收违法违纪行为的纳税人、扣缴义务人以及其他检举人进行打击报复的,依法给予行政处分;构成犯罪的,依法追究刑事责任。 税务人员违反法律、行政法规的规定,故意高估或者低估农业税计税产量,致使多征或者少征税款,侵犯农民合法权益或者损害国家利益,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 第八十三条 违反法律、行政法规的规定提前征收、延缓征收或者摊派税款的,由其上级机关或者行政监察机关责令改正,对直接负责的主管人员和其他直接责任人员依法给予行政处分。 第八十四条 违反法律、行政法规的规定,擅自作出税收的开征、停征或者减税、免税、退税、补税以及其他同税收法律、行政法规相抵触的决定的,除依照本法规定撤销其擅自作出的决定外,补征应征未征税款,退还不应征收而征收的税款,并由上级机关追究直接负责的主管人员和其他直接责任人员的行政责任;构成犯罪的,依法追究刑事责任。 第八十五条 税务人员在征收税款或者查处税收违法案件时,未按照本法规定进行回避的,对直接负责的主管人员和其他直接责任人员,依法给予行政处分。 第八十六条 违反税收法律、行政法规应当给予行政处罚的行为,在五年内未被发现的,不再给予行政处罚。 第八十七条 未按照本法规定为纳税人、扣缴义务人、检举人保密的,对直接负责的主管人员和其他直接责任人员,由所在单位或者有关单位依法给予行政处分。 第八十八条 纳税人、扣缴义务人、纳税担保人同税务机关在纳税上发生争议时,必须先依照税务机关的纳税决定缴纳或者解缴税款及滞纳金或者提供相应的担保,然后可以依法申请行政复议;对行政复议决定不服的,可以依法向人民法院起诉。 当事人对税务机关的处罚决定、强制执行措施或者税收保全措施不服的,可以依法申请行政复议,也可以依法向人民法院起诉。 当事人对税务机关的处罚决定逾期不申请行政复议也不向人民法院起诉、又不履行的,作出处罚决定的税务机关可以采取本法第四十条规定的强制执行措施,或者申请人民法院强制执行。 第六章 附 则 第八十九条 纳税人、扣缴义务人可以委托税务代理人代为办理税务事宜。 第九十条 耕地占用税、契税、农业税、牧业税征收管理的具体办法,由国务院另行制定。 关税及海关代征税收的征收管理,依照法律、行政法规的有关规定执行。 第九十一条 中华人民共和国同外国缔结的有关税收的条约、协定同本法有不同规定的,依照条约、协定的规定办理。 第九十二条 本法施行前颁布的税收法律与本法有不同规定的,适用本法规定。 第九十三条 国务院根据本法制定实施细则。 第九十四条 本法自2001年5月1日起施行。
Order of the President of the People’s Republic of China No.49 The Law of the People’s Republic of China on the Administration of Tax Collection, revised and adopted by the Standing Committee of the Ninth National People’s Congress of the People’s Republic of China at its 21st Meeting on April 28,2001, is hereby promulgated and shall go into effect as of May 1,2001. Jiang Zemin President of the People’s Republic of China April 28,2001 (Adopted at the 27th Meeting of the Standing Committee of the Seventh National People’s Congress on Sentiment 4,1992, amended in accordance with the Decision on Amending the Law of the People’s Republic of China on the Administration of Tax Collection made by the Standing Committee of the Eighth National People’s Congress at its 12th Meeting of the Standing Committee of the Ninth National People’s Congress on April 28,2001) Contents Chapter I General Provisions Chapter II Tax Administration Section 1 Tax Registration Section 2 Administration of Accounting Books and Vouchers Section 3 Tax Declaration Chapter III Tax Collection Chapter IV Tax Inspection Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted for the purpose of standardizing tax collection and payment, ensuring the tax revenues of the State, protecting the legitimate rights and interests of taxpayers and promoting economic and social development. Article 2 The administration of tax collection in respect of all taxes to be collected by the tax authorities in accordance with law shall be governed by this Law. Article 3 The imposition of tax, the cessation thereof, tax reduction, tax exemption, refund of tax and payment of delinquent tax shall be governed by the provisions of relevant laws; where the State Council is authorized by law to formulate relevant regulations, the provisions of relevant administrative regulations formulated by the State Council shall apply. No units including government departments or individuals may,in violation of laws or administrative regulations, make decisions regarding the imposition of tax, the cessation thereof, tax reduction, tax exemption, refund of tax or payment of delinquent tax, or any other decision which is in contravention with laws or administrative regulations governing tax collection. Article 4 Units and individuals that obligated to pay tax as prescribed by laws or administrative regulations are taxpayers. Units and individuals that are obligated to withhold and remit tax or collect and remit tax as prescribed by laws or administrative regulations are withholding agents. Taxpayers and withholding agents shall pay tax or withhold and remit or collect and remit tax in accordance with the provisions of relevant laws or administrative regulations. Article 15 The competent department for taxation under the State Council shall be in charge of the administration of tax collection throughout the country, The national tax bureaus and the local tax bureaus in various places shall administer tax collection respectively within the limits set by the State Council. The local people’s governments at various levels shall strengthen their leadership over or coordination of the administration of tax collection within their respective administrative regions, and support the tax authorities in performing out their duties in accordance with law, calculating the amounts of taxes to be paid according to the statutory tax rates and collecting taxes in accordance with law. The departments and units concerned shall support and assist the tax authorities in performing their duties in accordance with law. No units or individuals may obstruct the tax authorities from performing their duties in accordance with law. Article 6 The State, in a planned way, equips the tax authorities at various levels with modern information technology, enhances the modernization of the information system for administration of tax collection, and establishes and improves a information-sharing system among tax authorities and other administrative departments of the governments. Taxpayers, withholding agents and other units concerned shall, in accordance with relevant State regulations, provide the tax authorities with truthful information relating to payment of or withholding and remittance or collection and remittance of tax. Article 7 The tax authorities shall extensively disseminate the laws and administrative regulations on tax collection, popularize knowledge abut payment of tax and provide, free of charge, the taxpayers with constancy relating to payment of tax. Article 8 Taxpayers and withholding agents shall have the right to approach the tax authorities for information about the provisions of the State laws and administrative regulations on tax collection and information relating to the procedures of payment of tax. Taxpayers and withholding agents shall have the right to request the tax authorities to keep their information confidential. The tax authorities shall do so in accordance with law. Taxpayers shall, in accordance with law, have the right to apply for tax reduction, tax exemption and refund of tax. With regard to the decisions made by tax authorities, taxpayers and withholding agents shall have the right to argue their cases and defend themselves; they shall, in accordance with law, have the right to apply for administrative reconsideration, take administrative proceedings, request State compensation, etc. Taxpayers and withholding agents shall have the right to accuse tax authorities and officials of their violation of laws and rules of discipline and report such violations. Article 9 Tax authorities should enhance the level of their contingents, in order to improve the political and vocational quality of the tax officials. Tax authorities and officials shall implement laws impartially, devote themselves to their duties, be honest and upright, treat people politely, serve them with civility, respect and protect the rights of taxpayers and withholding agents and, in accordance with law, accept supervision. No tax officials may extort or take bribes, engage in malpractices for personal gain, neglect their duties, or fail to collect, or undercollect the amount of tax payable; nor may they abuse their power to overcollect tax or deliberately create difficulties for taxpayers or withholding agents. Article 10 Tax authorities at various levels shall establish and improve a system for internal restriction and supervision. The tax authorities at higher levels shall, in accordance with law, exercise supervision over the law-enforcement activities conducted by the authorities at lower levels. Tax authorities at various levels shall conduct inspection to see that their staff members are implementing laws and administrative regulations and observe the norms for incorruptibility and self-discipline. Article 11 The functions and responsibilities of the officials of the tax authorities in charge of tax collection, management, internal checking or administrative reconsideration shall be explicitly defined and shall be separate from each other and mutually restrained. Article 12 Any tax official who, in collecting taxes or investigating and handing cases of violation of laws on tax collecting, is an interested party in relation to the taxpayers or withholding agents or the said cases, shall withdraw. Article 13 Every unit or individual shall have the right to report any violations of the laws and administrative regulations on tax collection. The authorities receiving such report and the authorities responsible for investigating and gangling the case shall maintain confidentiality in respect of the accuser. The tax authorities concerned shall grant the accuser rewards in accordance with relevant regulations. Article 14 The tax authorities mentioned in this Law refer to the tax bureaus at various levels and their sub-bureaus and tax stations as well as the tax institutions which are established in accordance with the regulations of the State Council and are publicly announced. Chapter II Section 1 Tax Registration Article 15 Enterprises, the branches and the sites engaged in production or business operations established by enterprises in other places, industrial and commercial households and institutions engaged in production or business operation(hereinafter all referred to as taxpayers engaged in production or business operations)shall, within 30 days from the date the business license is obtained, apply to the tax authorities for tax registration by presenting the relevant documents. The tax authorities shall, within 30 days from the date the application is received, issue the tax registration certificate upon examination and verification of the documents. The administrative departments for industry and commerce shall keep the tax authorities regularly informed of their handling of registration and issuing of business licenses upon examination. The items for tax registration by taxpayers and withholding agents other than those specified in the first paragraph of this Article and the measures in this regard shall be formulated by the State Council. Article 16 When a taxpayer engaged in production or business operations intends to make any change in the items of tax registration, he shall, within 30 days from the date he completes the formalities for such change in the business registration with the administrative departments for industry and commerce or before he submits to the said department an application for cancellation of business registration, apply to the tax authorities for the change in or cancellation of tax registration by presenting the relevant documents. Article 17 Any taxpayer engaged in production or business operations shall, in accordance with relevant State regulations and by presenting the tax registration certificate, open a basic deposit account and other deposit accounts in banks or other financial institutions and shall report all the account numbers to the tax authorities. Banks and other financial institutions shall record in the accounts of the taxpayer engaged in production or business operations the number of his tax registration certificate. Where the tax authorities, in accordance with law, inquire about the accounts of a taxpayer engaged in production or business operations, the banks or other financial institutions shall provide assistance. Article 18 Use of tax registration certificates by taxpayers shall be governed by the relevant regulations formulated by the competent department for taxation under the State Council. No tax registration certificate may be lent, altered, damaged, traded or forged. Section 2 Administration of Accounting Books and Vouchers Article 19 Taxpayers and withholding agents shall, pursuant to the relevant laws, administrative regulations and regulations of the competent departments for finance and taxation under the State Council, establish accounting books, keep accounts on the basic of legitimate and valid vouchers and conduct accounting. Article 20 The financial and accounting system or the financial and accounting procedures and the accounting softwares of taxpayers engaged in production or business operations shall be submitted to the tax authorities for the record. Where the financial and accounting system or the financial and accounting procedures of taxpayers or withholding agents contravene the relevant regulations on tax collection formulated by the State Council or the departments for finance and taxation under the State Council, the tax payable, the tax withheld and remitted or collected and remitted shall be calculated in accordance with the said regulations. Article 21 The tax authorities are the competent departments in charge of invoices and are responsible for the control and supervision over printing, purchasing, writing out, obtaining, keeping and handing in for cancellation of invoices. When purchasing or selling commodities, providing or receiving business services or engaging in other business activities, all units and individuals shall write out, use or be given invoices. Measures for control of invoices shall be formulated by the State Council. Article 22 The special invoices for value-added tax shall be printed by enterprises designated by the competent department for taxation under the State Council; other invoices shall, pursuant to the regulations of the said department, be printed by the enterprises designated respectively by the national taxation bureaus or local taxation bureaus of provinces, autonomous regions or municipalities directly under the Central Government. No enterprises that are not designated by the taxation bureaus as provided for in the preceding paragraph may print invoices. Article 23 The State, based on the needs of the administration of tax collection, positively promotes the wide use of tax-monitoring devices, Taxpayers shall, in accordance with regulations, install and use tax-monitoring devices, and no one may damage or destroy or, without authorization, alter such devices. Article 24 Taxpayers engaged in production or business operation and withholding agents shall preserve their accounting books, vouchers for the accounts, tax payment receipts and other relevant information for a period as specified by the competent departments for finance and taxation under the State Council. No accounting books, vouchers for the accounts, tax payment receipts or other relevant information may be forged, altered or, without authorization, damaged or destroyed. Section 3 Tax Declaration Article 25 Taxpayers shall, within the time limit for and according to the items of tax declaration as prescribed by laws or administrative regulations, or as determined by the tax authorities in accordance with laws or administrative regulations, truthfully complete the formalities for tax declaration and submit tax returns, financial and accounting statements as well as other relevant information on tax payments as required of the taxpayers by the tax authorities in light of actual needs. Withholding agents shall, within the time limit for and according to the items of tax declaration as prescribed by laws or administrative regulations, or as determined by the tax authorities in accordance with laws or administrative regulations, submit truthful statements on taxes withheld and remitted or collected and remitted as well as other relevant information as required of the withholding agents by the tax authorities in light of actual needs. Article 26 Taxpayers and withholding agents may directly go to the tax authorities to complete the formalities for tax declaration or to submit statements on tax withheld and remitted or collected and remitted, or, in accordance with regulations, handle the declaration or submission matters mentioned above by mail, electronic date transmission or other means. Article 27 Where taxpayers or withholding agents are unable to complete formalities for tax declaration or to submit statements on the tax withheld and remitted or collected and remitted within the prescribed time limit, the time limit may be extended upon examination and approval by the tax authorities. Anyone who is permitted to handle the declaration or submission matters mentioned above within the time limit extended upon examination shall, within the prescribed time limit for tax payment, prepay the tax on the basis of the amount of the tax he actually paid last or the amount determined by the tax authorities upon examination, and settle the payment within the extended time limit approved upon examination. Chapter III Tax Collection Article 28 The tax authorities shall collect tax in accordance with the provisions of laws or administrative regulations. They may not, in violation of such provisions, impose, cease to collect, overcollect, undercollect, collect in advance, postpone the collection of, or apportion tax. The amount of agricultural tax payable shall be determined upon examination in accordance in accordance with the provisions of laws and administrative regulations. Article 29 With the exception of tax authorities, tax officials and the units and individuals authorized be the tax authorities in accordance with laws and administrative regulations, no unit or individual may engage in tax collection. Article 30 Withholding agents shall perform their obligations of withholding or collecting tax in accordance with the provision of laws or administrative regulations. With respect to units or individuals that are not obligated to withhold or collect tax as prescribed by laws or administrative regulations, no tax authorities may request them to perform such obligations. When withholding agents perform the obligation of withholding or collecting tax in accordance with law, no taxpayers may refuse to pay tax to them. Where a taxpayer refuses to do so, the withholding agent shall promptly report the matter to tax authorities for disposition. The tax authorities shall, in accordance with relevant regulations, pay to withholding agents service fees for withholding or collecting tax. Article 31 A taxpayer or withholding agent shall pay or remit tax in compliance with the time limit as prescribed by laws or administrative regulations, or as determined by tax authorities in accordance with laws or administrative regulations. Where a taxpayer is unable to pay tax within the prescribed time limit on account of special difficulties, he may, upon approval by a national tax bureau or a local tax bureau of a province, autonomous region or municipality directly under the Central Government, defer the payment of tax of a maximum period of three months. Article 32 Where a taxpayer fails to pay tax or a withholding agent fails to remit tax within the specified time limit, the tax authorities shall, in addition to ordering the taxpayer or withholding agent to pay or remit the tax within a fixed period of time, impose a surcharge on a daily basis at the rate of 0.05% of the amount of tax in arrears, from the date the tax payment is defaulted. Article 33 A taxpayer may, in accordance with laws or administrative regulations, apply in writing for tax reduction or tax exemption. Applications for tax reduction or tax exemption shall be subject to examination and approval by the examination and approval authorities for tax reduction or tax exemption specified by laws or administrative regulations. All decisions on tax reduction or tax exemption made in violation of laws or administrative regulations by the local people’s governments at various levels, the competent departments under the said people’s governments, or by units or individuals shall be null and void. No tax authorities may implement such decisions, and they shall instead report the matter to the tax authorities at a higher level. Article 34 When collecting tax, authorities shall issue tax payment receipts to taxpayers. When withholding or collecting tax, the withholding agents shall, upon request by taxpayers, issue to them receipts for withholding or collecting tax. Article 35 If a taxpayer is under one of the following circumstances, tax authorities shall have the power to assess the amount of tax payable by him: (1)where the establishment of accounting books is dispensed with in accordance with the provisions of laws and administrative regulations; (2)where accounting books are required to be established by the provisions of laws and administrative regulations, but they are not established; (3)where the taxpayer damages or destroys accounting books without authorization or refuses to provide information on tax payment; (4)where accounting books are established, but the accounts are not in order or information on costs, receipt vouchers and expense vouchers are incomplete, making it difficult to check the books; (5)where, when the obligation to pay tax arises, the taxpayer fails to complete the formalities for tax declaration within the specified time limit and, after being ordered by tax authorities to make tax declaration within a fixed period of time, still to do so upon expiration of the time limit; and (6)where the basis for assessing tax declared by the taxpayer is obviously on the low side and without justifying grounds. The specific procedure and measures for the tax authorities to determine the amounts of the tax payable shall be formulated by the competent department for taxation under the State Council. Article 36 The payment or receipt of money or charges in business transactions between an enterprise, or an establishment of site engaged in production or business operations which is set up by a foreign enterprise in China, and its associated enterprises shall be made in the same manner as the payment or receipt of money or charges in business transactions between independent enterprises. Where the payment or receipt of money or charges is not made in the said manner and thus results in a reduction of the taxable revenue or income, the tax authorities shall have the power to make reasonable adjustments. Article 37 Where a taxpayer engaged in production or business operations or a taxpayer temporarily engaged in business operations fails to complete the formalities for tax registration in accordance with regulations, the tax authorities shall asses the amount of tax payable by him and order him to make payment; if he fails to do so, the tax authorities may distrait the commodities or goods of a value equivalent to the amount of tax payable; if he pays the amount of tax payable after the distraint, the tax authorities shall immediately remove the distraint and return the commodities or goods distrained; if he still fails to pay the amount of tax payable after the distraint, the commodities or goods distrained shall, upon approval of the commissioner of the tax bureau(or sub-bureau)at or above the county level, be auctioned or sold off in accordance with law and the proceeds therefrom shall be used to offset the amount of tax payable. Article 38 Where the tax authorities have grounds to believe that a taxpayer engaged in production or business operations commits an act of tax evasion, they may, prior to the prescribed date of tax payment, order the taxpayer to pay the tax payable within a fixed period of time. If, within the fixed period of time, the tax authorities discover evident signs that the taxpayer is transferring or concealing the taxable commodities, goods or other property, or taxable income, they may order the taxpayer to provide a guaranty for tax payment. If the taxpayer is unable to do so, the tax authorities may, upon approval of the commissioner of the tax bureau(or sub-bureau)at or above the county level, adopt the following tax preservation measures: (1)to notify in writing the band or any other financial institution with which the taxpayer has opened an account to freeze the taxpayer’s deposits to the tune equivalent to the amount of tax payable; and (2)to distrain or seal up the taxpayer’s commodities, goods or other property to the value equivalent to the amount of tax payable. Where the taxpayer makes the tax payment within the fixed period of time prescribed in the preceding paragraph, the tax authorities shall immediately lift the tax reservation measures. Where the taxpayer fails to do so on the expiration of the fixed period of time, the tax authorities may, upon approval of the commissioner of the tax bureau(or sub-bureau)at or above the county level, notify in writing the bank or any other financial institution with which the taxpayer has opened an account to withhold and remit the amount of tax payable from the taxpayer’s frozen deposits, or, in accordance with law, auction or sell off the commodities, goods or other property distrained or sealed up and use the proceeds therefrom to offset the amount of tax payable. Any housing or articles for use which are necessary for the daily lives of an individual and the family members he supports shall not be subjected to the tax preservation measures. Article 39 Where a taxpayer makes the tax payment within the fixed period of time while the tax authorities fail to immediately lift the tax preservation measures, thus causing losses to the legitimate interests of the taxpayer, the tax authorities shall be liable for compensation. Article 40 Where a taxpayer engaged in production or business operations or a withholding agent fails to pay or remit tax within the prescribed time limit, or a tax payment guarantor fails to pay the guaranteed amount of tax within the prescribed time limit, the tax authorities shall order him to pay the tax within a fixed period of time. Where he fails to pay the tax on the expiration of the time limit, the tax authorities may, upon approval of the commissioner of the tax bureau(or sub-bureau)at or above the county level, adopt the following compulsory enforcement measures: (1)to notify in writing the bank or any other financial institution with which the taxpayer, withholding agent or tax payment guarantor has opened an account to withhold and remit the amount of tax from his deposits; (2)to distrain, seal up or, in accordance with law, auction or sell off the commodities, goods or other property of the taxpayer, withholding agent or tax payment guarantor, to the value equivalent to the amount of tax payable, and to use the proceeds therefrom to offset the amount of tax payable. When executing the compulsory enforcement measures, the tax authorities shall do the same with regard to the surcharge which is unpaid by the taxpayer, withholding agent or tax payment guarantor mentioned in the preceding paragraph. Any housing or articles for use which are necessary for the daily lives of an individual and the family members he supports shall not be subjected to the compulsory enforcement measures. Article 41 No units or individuals other than the statutory tax authorities may exercise the power to adopt tax preservation measures or compulsory enforcement measures provided for in Article 37,38 and 40 of this Law. Article 42 The tax authorities shall adopt tax preservation measures or compulsory enforcement measures in compliance with the limits of power and procedures prescribed by law, and they may not seal up or distrain any housing and articles for use which are necessary for the daily lives of the taxpayer himself and the family members he supports. Article 43 Where the tax authorities abuse their power and ,in violation of law, adopt tax preservation measures or compulsory enforcement measures, or inappropriately adopt such measures thus causing losses to the legitimate rights and interests of taxpayers, withholding agents or tax payment guarantors, the tax authorities shall be liable for compensation in accordance with law. Article 44 Where the taxpayer, who defaults on tax payment, or his legal representative needs to leave the territory of China, either of them shall pay the amount of the tax payable and the surcharge thereon with, or provide a guaranty to, the tax authorities before leaving the country. If neither the tax payable and the surcharge thereon are paid nor a guaranty is provided, the tax authorities may notify the exit administration to prevent him from leaving the country. Article 45 Tax collection by the tax authorities shall have precedence over unwarranted claims, except where otherwise provided for by law; where tax is defaulted before the taxpayer mortgages or pledges his property or before the taxpayer’s property is distrained, tax collection shall have the precedence over the exercise of the right of mortgage, pledge or lien. Where a taxpayer defaults on tax payment and is at the same time fined and his unlawful gains are to be confiscated upon decision by an administrative department, tax collection shall have precedence over the fine and confiscation of unlawful gains. The tax authorities shall regularly announce the taxes defaulted on by taxpayers. Article 46 Where a taxpayer defaults on tax payment and puts his property in mortgage or pledge, he shall explain to the mortgagee or pledged about his default on tax payment. The mortgagee or pledged may request the tax authorities to provide information about the default. Article 47 The tax authorities shall issue a receipt when distraining commodities, goods or other property, and issue a detailed list when sealing up commodities, goods or other property. Article 48 Where taxpayers merge or separate their businesses, they shall report the matter to the tax authorities and pay off the tax payable in accordance with law, If a taxpayer fails to pay off the tax payable at the time of merger, the new taxpayer after the merger shall continue to fulfill the duty to pay tax; if a taxpayer fails to pay off the tax payable at the time of separation, the new taxpayer after the separation shall bear joint and several liability for the unfulfilled duty. Article 49 Any taxpayer who defaults on payment of a considerable amount of tax shall, before disposing of his real estate or large amount of fixed assets, report the matter to the tax authorities. Article 50 Where a taxpayer who defaults on tax payment is indolent in exercising his natural creditor’s rights, or disclaims such rights, or transfers gratis his property, or transfers his property at a low price evidently unreasonable, which the transferee is aware of, thus causing losses to tax collection of the State, the tax authorities may, in accordance with the provisions in Article 73 and 74 of the Contract Law, exercise the rights of subrogation and rescission. Where the tax authorities exercise the rights of subrogation and rescission in accordance with the provisions in the preceding paragraph, the taxpayer who defaults on tax payment shall not be exempted from fulfilling the duty to pay the tax or from bearing the legal liability. Article 51 Where the tax authorities discover that a taxpayer makes a tax payment in excess of the amount of tax payable, they shall immediately refund the excess payment; where a taxpayer discovers the same, he may, within three years from the date the payment is made, claim from the tax authorities a refund of the excess payment, plus the interests calculated according to the bank interest rates at the time, and the tax authorities shall immediately pay back the money upon examination and verification of the case; where such refund involves the State Treasury, it shall be dealt with in accordance with the provisions on the administration of the State Treasury in relevant laws and administrative regulations. Article 52 Where a taxpayer or withholding agent fails to pay or underpays tax, for which the responsibility rests with the tax authorities, the latter may, within three years, require the taxpayer or withholding agent to pay the tax in arrears without, however, the imposition of any surcharge thereon. Where a taxpayer or withholding agent fails to pay or underpays tax owing to his own miscalculation or other faults, the tax authorities may, within three years, pursue the collection of the tax in arrears and the surcharge thereon; under special circumstances, the time limit for pursuing the collection of the tax in arrears may be extended to five years. Where a taxpayer evades, refuses to pay or practices fraud in tax payment and the tax authorities pursue the collection of the unpaid or underpaid tax, the surcharge thereon, or the tax payment defrauded on, the latter shall not be restricted by the time limit prescribed in the preceding paragraph. Article 53 The national and local tax bureaus shall, in conformity with their respective areas of administration for tax collection and the levels of budgeted tax for the State Treasury prescribed by State regulations, turn over the collected tax to the State Treasury. Where, in accordance with law, the auditing or finance authorities find out any violation of law on tax collection, the tax authorities shall, based on the decisions or written suggestions of the related authorities and in accordance with law, turn over the tax and surcharge thereon collected to the State Treasury in conformity with the levels of budgeted tax for the State Treasury, and inform in return the related authorities of the result without delay. Chapter IV Tax Inspection Article 54 The tax authorities shall have the power to conduct the following tax inspections: (1)to inspect a taxpayer’s accounting books, vouchers for the accounts, statements and relevant information; to inspect a withholding agent’s accounting books, vouchers for the accounts and relevant information in respect of the amount of tax withheld and remitted or collected and remitted; (2)to inspect a taxpayer’s taxable commodities, goods or other property at the taxpayer’s where production or business operations are conducted and places where goods are stored; to inspect a withholding agent’s operational conditions relating to the withholding and remittance of tax or the collection and remittance of tax; (3)to order a taxpayer or withholding agent to furnish documents, certifying papers and information pertaining to the payment of tax or the amount of tax withheld and remitted or collected and remitted; (4)to make inquiries of a taxpayer or withholding agent regarding issues and particulars relevant to the payment of tax or the amount of tax withheld and remitted or collected and remitted; (5)to inspect, at railway stations, docks, airports, postal enterprises and their branches, supporting documents, vouchers and information pertaining to the taxable commodities, goods or other property which a taxpayer has delivered for carriage or sent by post; and (6)upon approval of the commissioner of the tax bureau(or sub-bureau)at or above the county level, to inquire about the deposit accounts that a taxpayer engaged in production or business operations or a withholding agent has opened with a bank or any other financial institution. Upon approval of the commissioner of the tax bureau(sub-bureau)at or above the level of the city divided into districts or the autonomous prefecture, inquire about the savings a suspect involved in a case. No information obtained through inquiry by the tax authorities may be used for purposes other than tax collection. Article 55 When the tax authorities, in accordance with law, conduct tax inspection of a taxpayer engaged in production or business operations in respect of the tax payment made during earlier tax periods and discover the taxpayer’s evasion of the obligation to pay tax and evident signs of transfer or concealment of taxable commodities, goods or other property or incomes, they may adopt tax preservation measures or compulsory enforcement measures in conformity with the power granted according to this Law. Article 56 A taxpayer or withholding agent shall subject himself to tax inspection conducted by the tax authorities in accordance with law, report the particulars truthfully and provide relevant information, and may not refuse to accept such inspection or conceal any facts. Article 57 When the tax authorities conduct tax inspection in accordance with law, they shall have the power to inquire the related units and individuals about the particulars of taxpayers, withholding agents and other parties in respect of the payment of tax and the amount of tax withheld shall truthfully provide the relevant information and certifying papers to the tax authorities. Article 58 When investigating a case concerning violation of laws or regulations on tax collection, the tax authorities may take notes and make tape-recordings, video-recordings, photographing and duplications of the particulars and information pertaining to the case. Article 59 When conducting tax inspection, the officials sent by the tax authorities shall produce tax inspection certificate and tax inspection notice, and shall have the duty to keep confidentiality for the persons under inspection; where no such certificate and notice are produced, the persons subject to inspection shall have the right to refuse to accept the inspection.
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Chapter V
Legal Responsibility
Article 60 Where a taxpayer commits one of the following acts, he shall be ordered by the tax authorities to rectify within a time limit and may be fined not more than RMB2,000 yuan; if the circumstances are serious, he may be fined not less than 2,000 yuan but not more than 10,000 yuan:
(1)failing to apply for tax registration or for change or cancellation of tax registration within the prescribed time limit;
(2)failing to establish and preserve accounting books, or keep the vouchers for the accounts and the relevant information in accordance with regulations;
(3)failing to submit the financial and accounting systems or the financial and accounting procedures and the accounting softwares to the tax authorities for the record in accordance with regulations;
(4)failing to report all the numbers of bank accounts to the tax authorities in accordance with regulations; and
(5)failing to install or use tax-monitoring devices in accordance with regulations, or damaging or destroying or, without authorization, altering such devices.
Where a taxpayer fails to go through the formalities for tax registration, the tax authorities shall order him to rectify within a time limit; if he still fails to rectify on the expiration of the time limit, the administrative department for industry and commerce shall, upon proposal and request of the tax authorities, revoke his business license.
Where a taxpayer fails to use the tax registration certificate in accordance with regulations, or lends, alters, damages or destroys, trades or forges tax registration certificate, he shall be fined not less than 2,000 yuan but not more than 10,000 yuan; if the circumstances are serious, he shall be fined not fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 61 Where a withholding agent fails to establish and preserve accounting books for the tax withheld and remitted or collected and remitted, or preserve the vouchers for the accounts and the relevant information regarding the tax withheld and remitted or collected and remitted, in accordance with relevant regulations, he shall be ordered by the tax authorities to rectify within a time limit and may be fined not more than 2,000 yuan; if the circumstances are serious, he shall be fined not less than 2,000 yuan but not more than 5,000 yuan.
Article 62 Where, within the prescribed time limit, a taxpayer fails to go through the formalities for tax declaration and submit information on tax payment or a withholding agent fails to submit to the tax authorities statements on taxes withheld and remitted or collected and remitted and other relevant information, he shall be ordered by the tax authorities to rectify within a time limit and may be fined not more than 2,000 yuan;if the circumstances are serious, he may be fined not less than 2,000 yuan but not more than 10,000 yuan.
Article 63 Tax evasion means that a taxpayer forges, asters, conceals or, without authorization, destroys accounting books or vouchers for the accounts, or overstates expenses or omits or understates incomes in the accounting books, or, after being notified by the tax authorities to make tax declaration, refuses to do so or makes false tax declaration, or fails to pay or underpays the amount of tax payable. Where a taxpayer evades tax, the tax authorities shall pursue the payment of the amount of tax he fails to pay or underpays and the surcharge thereon, and he shall also be fined not less then 50 percent but not more than five times the amount of tax he fails to pay or underpays; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Where a withholding agent fails to pay, or underpays the tax which he withholds or collects by the means mentioned in the preceding paragraph, the tax authorities shall pursue the payment of the amount of tax he fails to pay or underpays and the surcharge thereon, and he shall also be fined not less than 50 percent but not more than five times the amount of tax he fails to pay or underpays; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 64 Where a taxpayer or withholding agent fabricates the basis on which tax is assessed, he shall be ordered by the tax authorities to rectify within a time limit and shall also be fined not more than 50,000 yuan.
Where a taxpayer fails to make tax declaration, or fails to pay or underpays the tax payable, the tax authorities shall pursue the payment of the amount of tax he fails to pay or underpays and the surcharge thereon, and he shall also be fined not less than 50 percent but not more than five times the amount of tax he fails to pay or underpays.
Article 65 Where a taxpayer who fails to pay the tax due adopts the means of transferring or concealing his property, thus preventing the tax authorities from pursuing the payment of the tax in arrears, the tax authorities shall pursue the payment of the tax and the surcharge thereon and shall also impose on him a fine of not less than 50 percent but not more than five times the amount of tax in arrears; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 66 Where anyone, by making false export declaration or by other means, defrauds tax refund for exports from the State, the tax authorities shall pursue the return of the refund defrauded, and the person shall also be fined not less than the amount of the refund defrauded but not more than five times that amount; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Where anyone defrauds tax refund for exports from the State, the tax authorities may, within a specified time limit. Suspend tax refund for his exports.
Article 67 Refusal to pay tax means refusing to pay tax with resort to violence or threats. In such a case, the tax authorities shall, in addition to pursuing the payment of the amount of tax a person refuses to pay and the surcharge thereon, conduct investigation for criminal responsibility in accordance with law. If the circumstances are not serious and to crime is constituted, the tax authorities shall pursue the payment of the amount of tax he refuses to pay and the surcharge thereon and shall also impose on him a fine of not less than the amount of the tax he refuses to pay but not more than five times that amount.
Article 68 Where a taxpayer or a withholding agent fails to pay or underpays the amount of tax that should be paid or remitted within the prescribed time limit and, after ordered by the tax authorities to pay or remit within a time limit, still fails to do so on the expiration of the time limit, the tax authorities may, in addition to pursuing, by adopting compulsory enforcement measures im accordance with the provisions in Article 40 of this Law, the payment of the amount of tax the taxpayer or withholding agent fails to pay or underpays or fails to remit, impose a fine of not less than 50 percent but not more than five times the amount of tax he fails to pay or underpays or fails to remit.
Article 69 Where a withholding agent fails to withhold or collect the amount of tax which should be withheld or collected, the tax authorities shall pursue the payment of the said amount, and impose on the withholding agent a fine of not less than 50 percent but not more than three times the amount of tax that should have been withheld or collected.
Article 70 Where a taxpayer or a withholding agent avoids, refuses to undergo or, by other means, hinders inspection by the tax authorities, he shall be ordered by the tax authorities to rectify and may be fined not more than 10,000 yuan; if the circumstances are serious, he shall be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 71 Where anyone, in violation of the provisions in Article 22 of this Law, illegally prints invoices, the tax authorities shall destroy the invoices illegally printed, confiscate his unlawful gains and tools for criminal purposes and impose on him a fine of not less than 10,000 yuan but not more than 50,000 yuan; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 72 Where a taxpayer engaged in production or business operations or a withholding agent commits an act in violation of the provisions in this Law on tax collection and refuses to be dealt with by the tax authorities, the tax authorities may confiscate his invoices or discontinue selling invoices to him.
Article 73 Where a bank or other financial institution with which a taxpayer or a withholding agent has opened deposit accounts refuses to accept the tax authorities’ inspection of the deposit accounts of the said taxpayer or withholding agent in accordance with law, or refuses to execute the decision made by the tax authorities on freezing the deposits or withholding the tax, or, after receiving the written notice of the tax authorities, assists the taxpayer or withholding agent in transferring his deposits, thus causing the loss of tax, it shall be fined by the tax authorities not less than 100,000 yuan but not more than 500,000 yuan, and the persons who are directly in charge and the other persons who are directly responsible shall be fined not less than 1,000 yuan but not more than 10,000 yuan.
Article 74 The imposition of administrative penalties prescribed in this Law, if the fines involved are not more than 2,000 yuan, may be decided on by the tax stations.
Article 75 The tax and judicial authorities shall, in conformity with the levels of budgeted tax for the State Treasury, turn over all the revenues from tax-related fines and confiscations to the State Treasury.
Article 76 Where the tax authorities that, in violation of regulations and without authorization, change the administrative areas for tax collection and the levels of budgeted tax for the State Treasury shall be ordered to rectify within a time limit, and the persons who are directly in charge and the other persons who are directly responsible shall, in accordance with law, be demoted or dismissed from office, as administrative sanctions.
Article 77 Where a taxpayer or withholding agent is suspected of committing an offense against the provisions in Article 63,65,66,67or 71 of this Law, the tax authorities shall transfer the case to the judicial authorities to be investigated for criminal responsibility in accordance with law.
Where a tax official, engaging in malpractices for personal gain, fails to transfer, in accordance with law, the case to the judicial authorities for investigation for criminal responsibility as be should have done, if the circumstances are serious, he shall be investigated for criminal responsibility in accordance with law.
Article 78 Where anyone collects tax without authorization by the tax authorities in accordance with law, he shall be ordered to return the money and things of value collected and, in accordance with law, be given administrative sanctions or penalties; where losses are caused to other persons’ legitimate rights or interests, he shall be liable for compensation in accordance with law; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.
Article 79 Where the tax authorities or tax officials seal up or distrain a taxpayer’s housing and articles of use which are necessary for the daily lives of the taxpayer himself and the family members he supports, they shall be ordered to return the said housing and articles for use and, in accordance with law, be given administrative sanctions; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with law.
Article 80 Where tax officials, working in collusion with taxpayers or withholding agents, instigate or assist them to commit an offense against the provisions in Article 63,65 or 66 of this Law, if a crime is constituted, the tax officials shall be investigated for criminal responsibility in accordance with law; if no crime is constituted, they shall be given administrative sanctions in accordance with law.
Article 81 Where tax officials, by taking advantage of their positions, accept or extort money or things of value from taxpayers or withholding agents, or seek other illegitimate interests, if a crime is constituted, they shall be investigated for criminal responsibility in accordance with law; if no crime is constituted, they shall be given administrative sanctions in accordance with law.
Article 82 Where tax officials, engaging in malpractices for personal gain or neglecting their duty, fail to collect or under-collect the tax that should be collected, thus causing heavy losses to State revenue, if a crime is constituted, they shall be investigated for criminal responsibility in accordance with law; if no creme is constituted, they shall be given administrative sanctions in accordance with law.
Tax officials who, abusing their power, deliberately create difficulties for taxpayers or withholding agents shall be transferred from the post for tax collection and, in accordance with law, be given administrative sanctions.
Where tax officials retaliate against taxpayer or withholding agents who complain of or report violations of the laws or rules of discipline on tax collection, or any other accuser, they shall be given administrative sanctions in accordance with law; if a crime is constituted, they shall be investigated for criminal responsibility in accordance with law.
Where tax officials, in violation of the provisions of laws or administrative regulations, deliberately over-or under-assess the agricultural yield taxable, thus causing over-or under-collection of tax, infringing upon the peasants’ legitimate rights and interests or undermining the interests of the State, if a crime is constituted, they shall be investigated for criminal responsibility in accordance with law; if no crime is constituted, they shall be given administrative sanctions in accordance with law.
Article 83 Where, in violation of the provisions of laws or administrative regulations, tax are collected in advance, the collection is postponed, or taxes are apportioned, the authorities at a higher level or the administrative supervisory authorities shall order its rectification, and the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.
Article 84 Where decisions regarding the imposition or cessation of tax, tax reduction, tax exemption, refund of tax or payment of tax underpaid, or other decisions contravening the laws or administrative regulations on tax collection are made without authorization and in violation of the provisions of laws or administrative regulations, in addition to revocation of such decisions in accordance with the provisions of this Law, the amount of tax that should have been collected shall be refunded, and the amount of tax that should not have been collected shall be refunded, and the persons who are directly in charge and the other persons who are directly responsible shall be pursued for administrative liability by the authorities at a higher level; if a crime is constituted, investigation for criminal responsibility shall be conducted in accordance with law.
Article 85 Where, in collecting tax or in investigating cases of violation of the laws on tax collection, tax officials fail to withdraw as required by the provisions of this Law, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.
Article 86 If any violation of the laws or administrative regulations on tax collection which deserves administrative penalties is undetected for five years, no administrative penalties shall be imposed any longer.
Article 87 Where tax officials fail to keep confidentiality for the taxpayers, withholding agents or accusers, the persons who are directly in charge and the other persons who are directly responsible shall, in accordance with law, be given administrative sanctions by the units they belong to or the units concerned.
Article 88 Where a tax dispute arises between a taxpayer, withholding agent or tax payment guarantor and the tax authorities, the former shall pay or remit the amount of tax payable and the surcharge thereon, or provide the necessary guaranty in accordance with the decisions made by the tax authorities on tax collection, before he may apply for administrative reconsideration in accordance with law; if he is not satisfied with the decision made after reconsideration, he may bring a lawsuit in the People’s Court in accordance with law.
Where a party is not satisfied with the penalty decision made or the compulsory enforcement measures or tax preservation measures adopted by the tax authorities, he may, in accordance with law, apply for administrative reconsideration or bring a lawsuit in the People’s Court in accordance with law.
Where, on the expiration of the time limit, the party fails to apply for administrative reconsideration of the penalty decision made by the tax authorities, nor does he bring a lawsuit in the People’s Court or comply with the decision, the tax authorities that make the decision may adopt compulsory enforcement measures prescribed in Article 40 of this Law, or apply to the People’s Court for compulsory enforcement of the decision.
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