Legislation roundup: VAT reform and foreign e-commerce tax

April 07, 2016 | BY

Katherine Jo &clp articles

The VAT regime has been fully expanded nationwide across all industries and goods bought on foreign e-commerce sites have been subject to VAT and consumption tax

VAT Reform

 

Ministry of Finance and State Administration of Taxation, Circular on Comprehensively Launching a Pilot Project for the Levy of Value-added Tax in Place of Business Tax

财政部、国家税务总局关于全面推开营业税改征增值税试点的通知

 

From May 1 2016, a pilot tax project will be comprehensively launched nationwide, with all business taxpayers, including those in the construction industry, real estate industry, finance industry and daily-life service industry brought into the scope of the pilot project, where they will change from paying business tax to paying value-added tax.

 

See the digest for more details.

 

Ministry of Finance and State Administration of Taxation, Implementing Measures for the Pilot Project for Levy of Value-added Tax in Place of Business Tax

财政部、国家税务总局营业税改征增值税试点实施办法

 

The tax rate on the provision of transport, postal, basic telecommunications, construction and immovable property leasing services, the sale of immovable property and the transfer of land use rights shall be 11%. The tax rate on the provision of tangible movable asset leasing services shall be 17%. The tax rate on cross-border taxable acts carried out by domestic entities and individuals shall be 0%.

 

See the full translation.

 

Further reading

Rolling out tax reforms

How law firms should prepare for the new VAT rules

Circular on Including the Telecommunications Industry in the Pilot Projects for the Levy of Value-added Tax in Place of Business Tax

Circular on the Launch of Pilot Tax Policies for the Levy of Value-added Tax in Place of Business Tax in the Transport Industry and Certain Modern Service Industries Nationwide

Announcement on an Issue Relevant to the Payment of Enterprise Income Tax by Non-tax-resident Enterprises Involved in the Pilot Projects for the Levy of Value-added Tax in Place of Business Tax

Clarifying corporate income tax under the VAT regime

Plan for Pilot Projects for the Levy of Value-added Tax in Place of Business Tax

 

E-commerce Tax

 

Ministry of Finance, General Administration of Customs and State Administration of Taxation, Circular on the Import Tax Policy on Cross-border E-Commerce Retail

财政部、海关总署、国家税务总局关于跨境电子商务零售进口税收政策的通知

 

The maximum amount on any single transaction of retail import goods through cross-border e-commerce is Rmb2,000, and the maximum annual transaction amount is Rmb20,000 for any individual. The duty rate on retail import goods through cross-border e-commerce falling below the maximum is provisionally set at 0%; and the exemption of import stage value-added tax and consumption tax is cancelled and such taxes shall provisionally be levied based on 70% of the statutory tax amount payable.

 

See the full translation.

 

Further reading

Measures for the Administration of Online Trading

Cracking down on e-commerce

 

VAT Reform

 

Ministry of Finance and State Administration of Taxation, Circular on Comprehensively Launching a Pilot Project for the Levy of Value-added Tax in Place of Business Tax

财政部、国家税务总局关于全面推开营业税改征增值税试点的通知

 

From May 1 2016, a pilot tax project will be comprehensively launched nationwide, with all business taxpayers, including those in the construction industry, real estate industry, finance industry and daily-life service industry brought into the scope of the pilot project, where they will change from paying business tax to paying value-added tax.

 

See the digest for more details.

 

Ministry of Finance and State Administration of Taxation, Implementing Measures for the Pilot Project for Levy of Value-added Tax in Place of Business Tax

财政部、国家税务总局营业税改征增值税试点实施办法

 

The tax rate on the provision of transport, postal, basic telecommunications, construction and immovable property leasing services, the sale of immovable property and the transfer of land use rights shall be 11%. The tax rate on the provision of tangible movable asset leasing services shall be 17%. The tax rate on cross-border taxable acts carried out by domestic entities and individuals shall be 0%.

 

See the full translation.

 

Further reading

Rolling out tax reforms

How law firms should prepare for the new VAT rules

Circular on Including the Telecommunications Industry in the Pilot Projects for the Levy of Value-added Tax in Place of Business Tax

Circular on the Launch of Pilot Tax Policies for the Levy of Value-added Tax in Place of Business Tax in the Transport Industry and Certain Modern Service Industries Nationwide

Announcement on an Issue Relevant to the Payment of Enterprise Income Tax by Non-tax-resident Enterprises Involved in the Pilot Projects for the Levy of Value-added Tax in Place of Business Tax

Clarifying corporate income tax under the VAT regime

Plan for Pilot Projects for the Levy of Value-added Tax in Place of Business Tax

 

E-commerce Tax

 

Ministry of Finance, General Administration of Customs and State Administration of Taxation, Circular on the Import Tax Policy on Cross-border E-Commerce Retail

财政部、海关总署、国家税务总局关于跨境电子商务零售进口税收政策的通知

 

The maximum amount on any single transaction of retail import goods through cross-border e-commerce is Rmb2,000, and the maximum annual transaction amount is Rmb20,000 for any individual. The duty rate on retail import goods through cross-border e-commerce falling below the maximum is provisionally set at 0%; and the exemption of import stage value-added tax and consumption tax is cancelled and such taxes shall provisionally be levied based on 70% of the statutory tax amount payable.

 

See the full translation.

 

Further reading

Measures for the Administration of Online Trading

Cracking down on e-commerce

 

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