State Council, PRC Tentative Regulations on Business Tax (Revised)

国务院中华人民共和国营业税暂行条例 (修订)

December 18, 2008 | BY

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Calculation of business turnover for business tax purposes revised.

Clp Reference: 3230/08.11.10 Promulgated: 2008-11-10 Effective: 2009-01-01

Promulgated: November 10 2008
Effective: January 1 2009

Main Contents: The business turnover of a taxpayer shall be the full price and all additional charges that are collected by the taxpayer for the provision of taxable services, assignment of intangible assets or sale of immovable property, except in the following circumstances:

(1) where the taxpayer shares with another work unit or individual part of the transport business that it has undertaken, its business turnover shall be the balance of the full price and all additional charges that it has collected after subtracting the transport expenses it paid to the other work unit or individual;

(2) where the taxpayer engages in the tourism business, its business turnover shall be the balance of the full price and all additional charges that it has collected after subtracting the accommodation expenses, meal expenses, transport expenses and tourist site entry ticket costs that it has paid to other work units or individuals on behalf of the tourists and other tourism expenses paid to the tourism enterprise that met the group;

(3) where the taxpayer subcontracts part of a construction project to other work units, its business turnover shall be the balance of the full price and all additional charges that it has collected after subtracting the sub-contracting moneys paid to the other work units;

(4) for the business of buying and selling financial commodities such as foreign exchange, negotiable securities and futures, the business turnover shall be the balance after subtracting the buying price from the selling price; or

(6) other circumstances as specified by the State Council's departments in charge of finance and tax (Article 5).

clp reference:3230/08.11.10prc reference:国务院令第540号promulgated:2008-11-10effective:2009-01-01

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