State Administration of Taxation, Measures for the Administration of the Refund of Value-added Tax on Chinese-made Equipment Procured by Research and Development Institutions

国家税务总局研发机构采购国产设备增值税退税管理办法

May 09, 2017 | BY

Susan Mok &clp articles &

SAT has increased supervision of foreign R&D institutions' tax refund eligibility.

Clp Reference: 3220/17.03.14 Promulgated: 2017-03-14 Effective: 2016-01-01

Issued: March 14 2017

Effective: January 1 2016 to December 31 2018

Main contents: The existing determination, amendment and cancellation of the refund of tax on Chinese-made equipment procured by research and development institutions are revised to record filing, amendment and revocation, and provisions on the handling and approval of delayed applications have been added.

If a foreign-invested research and development center ceases to satisfy the conditions set forth in Article 2 of document Cai Shui [2016] No.121 due to a change in its own conditions before the review of its tax refund qualifications, it shall cease to be eligible for the refund of tax on the Chinese-made equipment procured by it from the date on which the conditions changed. The aforementioned foreign-invested research and development center shall carry out the procedures for the revocation of its tax refund record filing within 30 days from the date on which the conditions changed, failing which the matter shall be treated as if it had fraudulently secured qualifications for the refund of tax on Chinese-made equipment procured by it (Articles 8 & 17).

If the ownership of Chinese-made equipment on which a research and development institution received a tax refund is transferred or if such equipment is diverted for other use within three years from the date of issuance of the value-added tax invoice, the research and development institution must make up the refunded tax to the competent tax authority in accordance with the specified formula (Article 16).

Related legislation: Circular on Continuing the Implementation of the Value-added Tax Policy on the Procurement of Equipment by Research and Development Institutions, 2016

Repealed legislation: Measures for the Administration of the Refund of Value-added Tax on Chinese-made Equipment Procured by Research and Development Institutions, 2011

clp reference:3220/17.03.14 Issued:2017-03-14 effective:2016-01-01 to 2018-12-31

Issued: March 14 2017

Effective: January 1 2016 to December 31 2018

Main contents: The existing determination, amendment and cancellation of the refund of tax on Chinese-made equipment procured by research and development institutions are revised to record filing, amendment and revocation, and provisions on the handling and approval of delayed applications have been added.

If a foreign-invested research and development center ceases to satisfy the conditions set forth in Article 2 of document Cai Shui [2016] No.121 due to a change in its own conditions before the review of its tax refund qualifications, it shall cease to be eligible for the refund of tax on the Chinese-made equipment procured by it from the date on which the conditions changed. The aforementioned foreign-invested research and development center shall carry out the procedures for the revocation of its tax refund record filing within 30 days from the date on which the conditions changed, failing which the matter shall be treated as if it had fraudulently secured qualifications for the refund of tax on Chinese-made equipment procured by it (Articles 8 & 17).

If the ownership of Chinese-made equipment on which a research and development institution received a tax refund is transferred or if such equipment is diverted for other use within three years from the date of issuance of the value-added tax invoice, the research and development institution must make up the refunded tax to the competent tax authority in accordance with the specified formula (Article 16).

Related legislation: Circular on Continuing the Implementation of the Value-added Tax Policy on the Procurement of Equipment by Research and Development Institutions, 2016

Repealed legislation: Measures for the Administration of the Refund of Value-added Tax on Chinese-made Equipment Procured by Research and Development Institutions, 2011

clp reference:3220/17.03.14 Issued:2017-03-14 effective:2016-01-01 to 2018-12-31

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