PROVISIONAL REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ONBANQUET TAX
PROVISIONAL REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ONBANQUET TAX
(State Council: 22 September 1988)
Whole Doc.
Article 1
These Regulations are formulated to provide guidance on reasonable
consumption and to promote the practice of thrift and economy within
society.
Article 2
All units or individuals (hereinafter referred to as "taxpayers")
that hold banquets in China at restaurants, cafes, hotels, guest houses
and other places engaged in catering shall be subject to banquet tax, and
shall pay banquet tax in accordance with the provisions of these
Regulations.
Article 3
Banquet tax shall be calculated and imposed on each occasion at a tax
rate of 15 to 20% of the cost of the banquet.
The threshold with respect to the liability to banquet tax shall be
based on the one-off cost of the banquet (including the amount paid for
main-course dishes, wine, rice, wheaten dishes, light refreshments,
beverages, fruits, cigarettes and other such items) and shall be between
200 and 500 yuan (Renminbi). Where the cost equals or exceeds the
threshold amount, banquet tax shall be calculated and imposed on the total
amount paid.
The people's governments of the respective provinces, autonomous
regions and municipalities directly under the Central Government may,
taking into account the local conditions, determine the applicable tax
rate and tax threshold within the ranges mentioned in the preceding
paragraph.
Article 4
The specific circumstances in which exemption from banquet tax is
necessary shall be determined by the people's governments of the
respective provinces, autonomous regions and municipalities directly under
the Central Government.
Article 5
Restaurants, cafes, hotels, guest houses and other units and
individuals engaged in the catering business (hereinafter referred to as
"tax collecting agents") shall be responsible for the collection and
remittance of banquet tax and shall be responsible for the collection and
turning over of banquet tax.
Article 6
If the one-off cost paid by a taxpayer for a banquet equals or
exceeds the threshold amount for the banquet tax, the tax collecting agent
shall, when collecting payment for the banquet, collect the banquet tax.
The amount of tax collected shall be remitted to the local treasury.
Article 7
When collecting tax payment, the tax collecting agent shall complete
a special banquet tax payment certificate, printed by the tax authorities,
which shall be given to the taxpayer.
Article 8
For tax collecting agents who have performed their obligations to
collect and remit banquet tax, in accordance with the relevant provisions,
the tax authorities may set aside and pay a handing fee, based on the
amount of tax remitted, within a range determined by the tax bureaus of
the respective provinces, autonomous regions and municipalities directly
under the Central Government.
Article 9
Taxpayers who are obstructive or create difficulties in respect of
the collection of tax by tax collecting agents or who refuse to pay the
tax shall be dealt with by the tax authorities in accordance with the law.
Article 10
The administration of the collection of banquet tax shall be governed
by the Provisional Regulations of the People's Republic of China
Concerning Tax Administration and the relevant provisions.
Article 11
The Ministry of Finance shall be responsible for the interpretation
of these Regulations; rules for implementation shall be formulated by the
people's governments of the respective provinces, autonomous regions and
municipalities directly under the Central Government and shall be
submitted to the Ministry of Finance for the record.
Article 12
The effective date of these Regulations shall be determined
respectively by the people's governments of the provinces, autonomous
regions and municipalities directly under the Central Government.
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