Tag Archives: VAT

China’s Latest Laws and Regulations in May 2013

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I.  The State Administration of Foreign Exchange Has Issued various new regulations such as the Measures for the Administration of Foreign Exchange in Areas under Special Customs Supervision, Measures for the Administration of Registration of Foreign Debts and Measures for the Administration of Foreign Exchange of Direct Investment inside China by Foreign Investors.

In May 2013, the State Administration of Foreign Exchange issued a series of measures to regulate foreign exchange, including the Measures for the Administration of Foreign Exchange in Areas under Special Customs Supervision, Measures for the Administration of Registration of Foreign Debts, and Measures for the Administration of Foreign Exchange of Direct Investment within China by Foreign Investors. Meanwhile, the List of Regulations for the Administration of Foreign Exchange of Direct Investment within China to be Abolished and the Guidance of Operation of Business of Direct Investment within China were also issued at the same time. The new measures and regulations simplify and integrate the procedures related with foreign investment.

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China’s Latest Laws and Regulations in March 2013

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I. The Ministry of Commerce Issued Opinions Concerning the 2013 Guide on Attracting Foreign Investment Jobs 

On March 19, 2013, the Ministry of Commerce issued Opinions Concerning the 2013 Guide on Attracting Foreign Investment Work (“Opinions”), which emphasizes attracting foreign investment in the high value-added manufacturing industry, enhancing openness of the service industry to the outside world, and strengthening the important role of foreign investment in the introduction of technology and knowhow. The Opinions also promote advancement of foreign investment in eastern areas and bringing change to central western areas, as well as further improving the investment environment to protect the legal rights and interests of foreign invested enterprises and improving protection of intellectual property rights. The Ministry of Commerce concurrently released a report on the situation of foreign investment attraction in 2012.

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Bonded Import: What Drives Goods “One-Day-Trip” to Hong Kong?

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It’s said early in 1990’s, that the container truck drivers shuffling between mainland China and Hong Kong were in excess of 10 thousand. Their main duty is to transport the mainland manufactured components and parts to Hong Kong, yet with no dispatch in the terminal, they would immediately turn around and head back to the mainland for part assembly. That was called “goods one-day-trip to Hong Kong” by Ms. Wu Yi, the deputy Premier of China at that time.

So, what drives such trips which cost however much? First, to transport mainland manufactured components to Hong Kong could make Chinese factories enjoy the tax refund as introduced in the last issue; second, for the assembling in China, any components thereby imported is under a bond, which means no tariffs shall be first paid for that import. After the export of the assembled articles, such tariffs shall then be paid. In conclusion, with this processing trade mode, less raw material or components would be occupied and the company could run the business under a no tax status; the advantage hereby produced is outrageous. Then, what tariffs may be paid during the process?

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Latest Laws and Regulations of August 2012, I

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I. Eight Provinces Including Beijing will gradually Develop the Pilots to be Levied VAT Instead of Business Tax from 1st of August, 2012.

The Ministry of Finance and State Administration of Taxation jointly issued the Notice on Developing the Pilots to be Levied VAT Instead of Business Tax in Transportation Industry and Partly Modern Services Industry in 8 Provinces or Cities including Beijing (hereinafter referred to as the “Notice”) on 31st of July, 2012. According to the Notice, upon the approval of the State Council, the range of pilots is extended to Shanghai, Beijing, Tianjin, Jiangsu, Anhui, Zhejiang, Fujian, Hubei and Guangdong. The transition of such tax policy shall be completed before 1st of September, 2012 in Beijing, 1st of November, 2012 in Fujian and Guangdong and 1st of December, 2012 in Tianjin, Zhejiang and Hubei. The pilot plan is basically the same as that of Shanghai. On 10th of August, 2012, the State Administration of Taxation published the Announcement on Relevant Issues concerning Qualification Verification of a General VAT Taxpayer in 8 Provinces and Cities Including Beijing Developing Pilots to be Levied VAT Instead of Business Tax.

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Export Rebate: The Secret to the Cheaper Made-in-China Product Selling Outside China

It’s widely known that made-in-China products are selling at a cheaper price outside China, not only the OEM articles like Nike, but the China based Lenovo also follow that pricing. There are many reasons contributing to the different price, including pricing strategy, logistic cost, office rent, taxation and even the change or exchange rate. IN this essay, we prefer to discuss the cause of a cheaper price of the same article overseas from the aspect of tax rebate.

I. VAT rebated in export

To take the Nike shoes as the instance, when Nike plants export the shoes, China taxation authority will rebate the paid VAT occurred during the process of production and circulation before the export, and that’s called the “export tax rebate”. So, let’s first take a look at how many taxes shall be paid within Nike shoes’ manufacture and circulation before the export.

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New Chinese Laws & Regulations of November, 2011 (1)

Today, Bridge IP Law Commentary will post you the latest China laws and regulations promulgated in November, and the following is the first part of the month:

1. The State Council of People’s Republic of China decides to start pilot VAT reform in Shanghai and a series of policies will be promulgated

On 16th November, 2011, the Ministry of Finance and the State Administration of Taxation issued the Experimental Plan of Transfer of Levy on Business Tax to VAT, and the Notice of Experiment of Transfer of Levy on Business Tax to VAT in the Transportation Industry and Part Modern Service Industries in Shanghai, which provide that the pilot of VAT replaces the existing business tax will be carried out in the transportation industry and part modern service industries in Shanghai from 1st January, 2012. Before that, with regarding to VAT, the Ministry of Finance and the State Administration of Taxation has issued the Notice on Return the Period-end Un-credited VAT Levied on the Purchase of Integrated Circuit Enterprises, and on the same day, the State Administration of Taxation issued the Announcement on the Adjustment of the Administration Measures of the Preferential Policy “Levy first and Return Immediately” for VAT.

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New Chinese Laws & Regulations of October, 2011 (2)


To follow the regulations posted yesterday:

4. The Ministry of Finance and the State Administration of Taxation issued the Notice of the Value Added Tax (VAT) Policy for Software Product (hereinafter referred to the Notice)

On 13th October, 2011, the Ministry of Finance and the State Administration of Taxation jointly issued the Notice to further define the applicable scope, applicable conditions, and the calculation of the tax refund amount and other specific details of the preferential policy for the VAT of software product. The Notice clarifies that when the general taxpayers of VAT selling the software products developed and produced by themselves, the VAT shall be charged at the rate of 17%, while the amount exceeding 3% of the actual imposed VAT shall be refunded immediately. This policy will enter into force on 1st January, 2012.

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