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(The Ministry of Finance and State Administration of Taxation: 5May 1994 [94] Coded Cai Shui Zi No. 026)

(The Ministry of Finance and State Administration of Taxation: 5May 1994 [94] Coded Cai Shui Zi No. 026) Whole Doc.

To Financial Departments (Bureaus) and Tax Bureaus of Various Provinces, Autonomous Regions and Municipalities and Cities With Independent Planning: Since implementation of the new tax system, various localities have made successive reports on some issues arising in the course of implementing the levy of value-added tax and business tax. After study, we hereby stipulate the following policy-related questions: I. Question concerning taxable philately commodities These commodities include stamps, small paper, small promissory notes, postcards, first day covers, stamp album, stamp booklets, postal discs, stamp lists, mailbags and other philately commodities.

Value-added tax is levied on the production and allocation of philately commodities. Business tax is levied on the philately commodities sold by postal departments; and value-added tax is levied on the philately commodities sold by other units and individuals.

II. Questions concerning levying taxes on the distribution of newspapers and magazines Business tax is levied on the newspapers and magazines distributed by postal departments; value-added tax is levied on the newspapers and magazines distributed by other units and individuals.

III. Questions Concerning the sales of wireless beepers and mobile telephones Telecommunications units (telecommunications bureau and other units approved by the telecommunications bureau to engage in telecommunications business) themselves sell wireless beepers and mobile telephones and provide clients with related telecommunications labor services. These belong to mixed sales on which business tax is levied; value-added tax is levied on those who purely sell wireless beepers and mobile telephones, but do not provide relevant telecommunications labor service.

IV. Questions related to levying taxes on mixed sales (1) In accordance with the stipulations of Article 5 of the Detailed Rules for the Implementation of the Provisional Regulations on Value-Added Tax (hereinafter referred to as Detailed Rules), the mixed selling acts performed by enterprises, units of an enterprise nature as well as individual managers who engage mainly in the production, wholesale or retail sales of goods and concurrently provide non-taxable labor services shall be regarded as marketing goods on which value-added tax is levied.

The phrase "engage mainly in the production, wholesale or retail sales of goods and concurrently provide non- taxable labor services" mentioned in the stipulations of this article refers to the situation in which among the combined total of the tax payer's annual sale volume of goods and the taxable labor service business volume of non value-added tax, the annual sales volume of goods exceeds 50 percent, while the taxable labor service business volume of non value-added tax, is less than 50 percent.

(2) Value-added tax is levied on the mixed selling acts performed by the units and individuals who engage in transport business as they sell goods and take charge of the transport of the goods sold.

V. Questions concerning levying taxes on the goods purchased on a commission basis Acts related to the commission purchase of goods which conform to the following conditions are exempt from value-added tax; value-added tax is levied on those not concurrently conforming to the following conditions irrespective of how accounting is done as specified in the accounting system.

(1) The consignee does not pay funds in advance; (2) The goods seller gives an invoice to the consignor, and the consignee transmits the invoice to the consignor; (3) The consignee settles the account of the money paid for goods with the consignee in accordance with the sales volume and VAT volume actually collected by the seller (commission import goods are the volume of VAT levied for the customs), service charge is collected separately.

VI. Questions concerning levying taxes on reproduction of palm oil, cotton seed oil and grain (1) Value-added tax is levied on palm oil and cotton seed oil at a 13 percent rate for edible vegetable oil; (2) On simply processed food replicas such as cut noodles, dumpling wrappers and rice flour, value-added tax is levied in light of a 13 percent rate for grain. Food replicas refer to simply processed raw foodstuffs with grain as the main raw material, excluding fine dried noodles and quick-frozen food and non-staple foods processed with grain as raw material. The concrete scope for grain replicas shall be determined in accordance with the above- mentioned principle by the sub-bureaus directly under the various provinces, autonomous regions, municipalities and cities with independent planning and shall be reported to the Ministry of Finance and the State Administration of Taxation for the record.

VII. Questions concerning levying tax on the export of goods for which there are separate regulations of the State Council According to the stipulations of Article 2 of the Provisional Regulations Concerning Value-Added Tax: "the zero tax rate shall not be applied to goods exported by the tax payer for which there are separate regulations of the State Council". the crude exported by the tax payer, export goods for foreign aid, goods whose export is prohibited by the state, including natural bezoar, musk, copper and acid bronze alloy, platinum and sugar, value-added tax shall be levied according to regulations.

VIII. Questions related to the handling of the amount of tax on the external purchase of agricultural products The agricultural products purchased by the ordinary VAT payer from the small-scale tax payer can be regarded as tax-free agricultural products and the amount of tax which shall be calculated at a 10 percent deducting rate.

IX. Questions concerning the levying of tax on consigned goods and dead pawn goods For consigned goods sold by the commission shop (including consigned goods of individual residents), and dead pawn goods sold by pawnbroking, value-added tax shall be paid, whose amount is calculated at a 6 percent dutiable rate according to a simple method no matter whether the selling unit belongs to ordinary tax payer or not, and no special invoice shall be issued.

X. Questions concerning the levying of tax on the sales of used fixed assets Units and individual managers who sell their used pleasure-boats, motorcycles and consumption tax payable vehicles shall all pay value-added tax whose amount is calculated at a 6 percent taxable rate according to a simple method no matter whether the seller belongs to ordinary tax payer or not, and no special invoice shall be issued. Those who sell other fixed assets which belong to goods they themselves have used are exempt from value-added tax for the time being.

XI. Questions concerning the conversion rate of Renminbi When the tax payer who calculates the sales volume in accordance with the settlement of foreign exchange, the conversion rate of Renminbi for the sales volume shall be the market rate of exchange announced by the People's Bank of China.

X II. These regulations go into effect on June 1, 1994.


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