NOTICE CONCERNING FOREIGN-RELATED OVERDUE TAX PAYMENT AND SUR-CHARGE OF OVERDUE FINE
NOTICE CONCERNING FOREIGN-RELATED OVERDUE TAX PAYMENT AND SUR-CHARGE OF OVERDUE FINE
(State Administration of Taxation: 22 February 1993 Guo Shui Fa[1993] No. 034)
Whole Doc.
To tax bureaus of various provinces, autonomous regions and
municipalities, to tax bureaus of various cities with separate planning,
and to sub-bureaus of offshore oil tax administrative bureaus:
The Tax Collection and Management law of the People's Republic of
China (hereinafter referred to as Tax Collection and Management Law) was
discussed and adopted by the 27th Session of the Standing Committee of the
Seventh National People's Congress on September 4, 1992 and put into
practice on January 1, 1993. the issue concerning overdue tax payment and
the proportion of surcharge of overdue fine is hereby clarified as
follows:
The current foreign taxation law and administrative regulations
stipulate that overdue fine for consolidated industrial and commercial tax
shall be surcharged at a proportion of 1 per thousand on a daily basis;
the overdue fine for income tax on enterprise with foreign investment and
foreign enterprises shall be surcharged at a proportion of 2 per thousand
on a daily basis; the overdue fine for personal income tax, urban real
estate tax and driving license tax on vehicles and boats is surcharged at
a proportion of 5 per thousand on a daily basis. After the Tax Collection
and Management Law was put into effect on January 1, 1993, according to
the stipulations of Clause 2 of Article 20 of that law, the proportion of
the surcharge of overdue fine for various taxes shall be a unified rate of
2 per thousand on a daily basis from the day of overdue tax payment.
For overdue tax payment begun before January 1, 1993 which is not yet
paid off after January 1, 1993, the proportion of surcharge of overdue
fine may be divided according to the period of overdue tax payment, i.e.,
if the overdue period takes place before January 1, 1993 (excluding
January 1), the overdue fine shall be calculated at the proportion as
stipulated in the current foreign- related tax law and administrative
regulations; if the overdue period takes place after January 1, 1993
(including January 1), the matter shall be handled in accord with the
stipulation of the Tax Collection and Management Law.
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