(The State Administration of Taxation: December 28 1993 Guo ShuiFa [1993] No. 157)
(The State Administration of Taxation: December 28 1993 Guo ShuiFa [1993] No. 157)
Whole Doc.
To the tax bureaus of various provinces, autonomous regions and
municipalities directly under the central government, tax bureaus of
various cities with separate planning, tax bureaus of Shenyang, Changchun,
Harbin, Nanjing, Wuhan, Chengdu, Xian and Guangzhou:
With approval from the State Council, the Ministry of Finance
promulgated on December 23, 1993 the Methods of the People's Republic of
China for the Management of Invoices (hereinafter referred to as Methods).
In order to make the Methods more operational and easy for implementation
and unfolding publicity, in light of the authority granted by the Methods,
the State Administration of Taxation has formulated the Detailed Rules for
the Implementation of the Methods of the People's Republic of China for
the Management of Invoices (hereinafter referred to as Detailed Rules),
and has compiled the Publicity Outline for the Methods of the People's
Republic of China for the Management of Invoices (hereinafter referred to
as Publicity Outline). The Methods, along with the Detailed Rules and
Publicity Outline, are hereby transmitted to you. The Notice on related
issues concerning implementation of the Methods is given as follows:
I. Enhancing understanding and strengthening leadership. The Methods
are China's first set administrative regulations on the management of
invoices published with the approval of the State Council. Its
promulgation marks a new stage in the standardization and legalization of
the management of China's invoices. It unifies China's current invoice
management system, strengthens the functions of tax authorities over
invoice management, standardizes the procedures for invoice management,
increases the dynamics of punishment of law-breaking acts related to
invoices, imposes strict restraint on the tax authorities' exercise of
functions and powers, and embodies the protection of the legal rights and
interests of the units and individuals who print and use invoices. This
not only helps further improve the legal system for tax collection and
management, conscientiously strengthen the work of invoice management and
give a better place to the functions of taxation supervision and control,
but also helps maintain the market economic order, promote fair
competition, and boost reform, opening up and the sustained, rapid and
sound development of economic construction. Therefore, tax authorities at
all levels and the vast number of taxation cadres must heighten their
understanding and unify their thinking; they should not only see the
important significance of the promulgation of the Methods to the
strengthening of tax collection and management and to raising the level of
invoice management, but should also fully realize its important role in
the establishment of the socialist market economic structure. The various
localities should regard implementation of the Methods as a major event
and pay close attention to it, conscientiously strengthen leadership, step
up formulation of concrete opinions and measures for its implementation
and promptly report to local Party and government leadership and
communicate with related departments, so as to facilitate support and
coordination among various quarters and ensure the solid and effective
proceeding of this work.
II. Conscientiously organizing study and training and unfolding
extensive publicity and education. Tax authorities in various localities
should actively organize forces, pay earnest and close attention to the
study, training and publicity of the Methods and Detailed Rules. In line
with the plan of the State Administration of Taxation and in combination
with the Law for Tax Collection and Management and the study, training and
publicity of the new tax system, selectively organize invoice-training
classes, organize the vast number of taxation cadres and the units and
individuals who engage in the printing and use of invoices to
conscientiously study the Methods and Detailed Rules, grasp their basic
spirit and contents, clearly define their respective rights and duties and
make proper preparation for the implementation of the Methods and Detailed
Rules. At the same time, it is necessary to make full use of such
publicity media as broadcast, TV, newspapers and magazines as well as
various publicity means, unfold extensive and intensive publicity and
educational activities, so as to increase society's understanding of the
regulations on invoice management, strengthen the public's sense of using
invoices according to law, intensify social supervision over the invoice
field, thereby laying a solid mass foundation for improving the quality of
invoice management.
III. Establishing and perfecting the invoice management system. In
accordance with related stipulations of the Methods and Detailed Rules,
tax authorities at all levels should, in light of concrete conditions,
conduct conscientious liquidation of the original invoice management
system, abolish and revise what should be done so, and re-establish a
system where it should be done so, thereby establishing and improving
various management systems related to the printing, the production cost
and management fees of invoices, the earnest money of invoices, and the
various management systems related to the purchase, use and preservation
of invoices, so as to form a comprehensive legal system for invoice
management, so that there will be rules to go by in every link related to
invoice management.
IV. Enforcing strict management of invoice printing and constantly
improving anti-fake measures. In selecting enterprises which engage in the
printing of invoices, it is necessary to strictly follow the
qualifications and standards set in the Methods and Detailed Rules, uphold
the principle of centralization and unification, introduce the competition
mechanisms, select and fix points through invitation and submission of
bids. Relevant management systems must be established according to
stipulations in designated printing enterprises, strengthen supervision
and check; with regard to those printing enterprises which do not
earnestly correct the problems that have cropped up, their qualifications
for printing invoices should be promptly annulled, so as to ensure the
printing quality and the requirements for the supply of invoices. At the
same time, to deal with the outstanding problems such as the deluge of
false invoices, the disruption of economic order and the corruption of
social morality, it is necessary to make full use of advanced anti-fake
technology and equipment, implement anti-fake measures by issuing unified
national invoices, strengthen comprehensive anti-fake properties of
invoices, and reduce and eventually eradicate the danger brought about by
the chronical malady of false invoices.
V. Carrying out close coordination between departments, concentrating
efforts on attack against serious law-breaking crimes in the field of
invoices. The promulgation of the Methods and Detailed Rules has provided
a legal basis for further attacking law-breaking acts related to invoices.
While strengthening supervision and examination of various links regarding
the purchase, receiving, use and preservation of invoices, the tax
authorities in various localities should lose no time to pay attention to
the coordination and collaboration between departments such as public
security and procuratorial departments and law courts, and administrative
departments for industry and commerce, purposefully launch special
struggles in key areas against illegal criminal activities such as
unauthorized printing, selling, illegal trading, forging and faking
invoices. Those whose cases are serious and constitute crimes shall be
timely transferred to judicial organization and punished, so as to ensure
the smooth implementation of the tax withholding system under which VAT
will be clearly noted in accordance with the invoices effective on January
1, next year, propel the correct implementation of the Methods and bring
about a still better market economic order.
VI. Questions concerning the linkage between the old and new
regulations. In line with the stipulations of the Methods and Detailed
Rules, the Interim Methods for the Management of the Nation's Invoices
(hereinafter referred to as the Original Methods) promulgated by the
Ministry of Finance on August 19, 1986 and the Interim Regulations on the
Management of Invoices Related to Foreign-Funded Enterprises and Foreign
Enterprises (hereinafter referred to as the Original Regulations)
promulgated by the original State Administration of Taxation on December
27, 1991, shall be abolished from the day of the publication of the
Methods. With regard to the handling of cases under investigation and
treatment or the newly discovered previous illegal cases and illegal acts
related to invoices after the day of the publication of the Methods, the
Original Methods and the Original Regulations are, in principle,
applicable. However, to make things easy for operation, stipulations on
such procedural aspects as the handling and reconsideration of cases, the
Methods and Detailed Rules are applicable to all of these cases.
VII. Strengthening ties between the upper and lower levels. In order
to promptly grasp the situation regarding implementation of the Methods
and Detailed Rules, tax authorities in various localities should assign
someone to be in charge, send us a timely feedback situation regarding the
locality's publicity and implementation and existing problems, so as to
facilitate unified study, coordination and solution of these problems; tax
bureaus of various provinces, autonomous regions and municipalities
directly under the central government and tax bureaus of cities with
separate planning shall report their invoice management systems and
measures to the State Administration of Taxation for the record. Prior to
the establishment of two sets of separate tax organizations, the invoice
management work shall be placed under centralized and unified management
in accordance with the current system.
The various points mentioned above shall be conscientiously carried
out in light of local actuality.
Appendices:
I. Detailed Rules for the Implementation of the Methods of the
People's Republic of China for Invoice Management.
II. The Publicity Outline on the Methods of the People's Republic of
China for Invoice Management
Appendix: 1
Detailed Rules for Implementation of the Methods of the People's Republic
of China for Invoice Management
CHAPTER I General Provision
Article 1
These detailed rules for implementation are hereby for mulated in
accordance with the stipulations of Article 44 of the Methods of the
People's Republic of China for Invoice Management (hereinafter is referred
to as the Methods).
Article 2
The seal used for supervising the manufacture of the nation's unified
invoices is the legal indication of the tax authorities' management of
invoice, its shape, specification, content and color are determined by the
State Administration of Taxation. With the exception of approval granted
by the State Administration of Taxation or by the branches of the State
Administration of Taxation in various provinces, autonomous regions and
municipalities directly under the central government and by tax bureaus of
various provinces, autonomous regions and municipalities (the State
Administration of Taxation, the branches of the State Administration in
various provinces, autonomous regions and municipalities and local tax
bureaus of various provinces, autonomous regions and municipalities are
hereinafter referred to as provincial-level tax authorities) in accordance
with their respective responsibilities, invoices should all be printed
with the seal for supervising the manufacture of unified national
invoices.
Article 3
The classification of the categories of invoices shall be determined
by tax authorities at or above the provincial level.
Article 4
Invoice basically consists of triplicate forms, the first form is the
invoice stub, the invoice maker retains the stub for future reference; the
second form is the invoice form, the receiver uses it as the primitive
voucher for paying or receiving money; the third form is the form for
keeping accounts, the drawer uses it as a primitive voucher for keeping
account.
The basic forms of special-purpose invoices for VAT should also
include the deducting form, the invoice receiver uses it as a voucher for
deducting tax money.
In addition to the special invoices for VAT, tax authorities at or
above the county (city) level may increase or decrease the number of
invoice forms in light of needs and determine their uses.
Article 5
The basic contents of invoice include name of invoice, track and
number of word, the number and uses of invoice form, the client's name,
the bank of deposit and account number, the name of commodities and the
project of business, measurement unit, quantity, unit price, amounts in
words and figures, the drawer, the date of making out an invoice, the name
(signature) of a unit or individual who makes out the invoice.
Where there are withholding, collecting and levying taxes on a
commission basis, the contents of their invoices should include the rates
of taxes withheld, collected and levied on a commission basis and the
amounts of taxes withheld, collected and levied on a commission basis.
The special invoices for VAT should also include: the address, tax
registration number, the rate and amount of VAT of the goods purchaser,
the name, address and tax registration number of the goods supplier.
Article 6
The unified form of invoice used nationwide shall be determined by
the State Administration of Taxation.
The unified form of invoice used within the scope of a province,
autonomous region or municipality shall be determined by provincial-level
tax authorities.
The form of invoice referred to in this Article include the variety
of the invoice, the purposes, concrete contents, layout, specification and
scope of use of various sheets of invoice.
Article 7
Units which have a fixed production and management site, complete
financial and invoice management systems and a large invoice use volume
may apply for printing invoice to be printed with the name of their own
units; if unified form of invoice cannot satisfy business needs, unit may
design invoice forms of their own units, but they must have the approval
from tax authorities at or above the county (city) level, of which special
invoice for VAT shall be decided separately by the State Administration of
Taxation.
CHAPTER II The Printing of Invoices
Article 8
"The special invoice for VAT shall be decided separately by the State
Administration of Taxation" referred to in Article 7 of the Methods means
that invoices are printed exclusively by the enterprise designated by the
State Administration of Taxation.
Article 9
Enterprises printing invoices and enterprises producing special
products for anti-fake invoices shall possess the following
qualifications:
(I) Their equipment and technology level can meet the needs of
printing invoices and producing special products for anti-fake invoices;
(II) Capable of guaranteeing supply in compliance with the demands of
tax authorities;
(III) They have standard enterprise management and strict quality
supervision system;
(IV) They have a special workshop for production, special warehouse
for storage, and special personnel in charge;
(V) Capable of strictly abiding by the stipulations on the printing
of invoices and the production and management of special products for
anti-fake invoices.
Article 10
Invoice printing permit and permit of the production of special
products for anti-fake invoices shall be formulated and issued exclusively
by the State Administration of Taxation.
Tax authorities should regularly conduct supervision and examination
of enterprises printing invoices and enterprises producing special
products for anti-fake invoices, with regard to those who fail to meet the
requirements, the tax authorities should disqualify them to print invoices
and produce special products for anti-fake invoices.
Article 11
Enterprises printing invoices and enterprises producing special
products for anti-forged invoices shall establish the following systems:
(I) Production responsibility system;
(II) Secrecy system;
(III) Quality inspection system;
(IV) Custodian system;
(V) Other related systems.
Article 12
Before the printing of invoices or the production of special products
for anti-forged invoices, the competent tax authorities should issue a
notice concerning the printing of invoices or the production of special
products for anti-forged invoices. Enterprises designated to print or
produce shall perform such task in compliance with the requirements.
The notice on the printing of invoices shall include clearly stated
name of the invoice-printing enterprise, the name of the user, name,
category, the sheet number, specification, color of invoice, the printed
quantity, start-stop numbers, and the time and place of delivery.
The notice concerning the production of special products for
anti-forged invoices shall include such contents as the name of clearly
state enterprises producing special products for anti- forged invoices,
the name of special products for anti-forged invoices, major technical
indices and quality requirements and annual planned output.
Article 13
The finished products completed by enterprises printing invoices and
enterprises producing special products for anti-forged invoices, as well
as special products for anti-forged invoices purchased by invoice-printing
enterprises shall be properly stored in special warehouse after being
checked and accepted in accordance with stipulations, and shall not be
lost. Substandard and waste products shall be reported to tax authorities
for approval and be destroyed in a concentrated way.
Article 14
The specific time, content and request of changing the printing plate
at indefinite intervals shall be determined by the state Administration of
Taxation.
CHAPTER III Receiving and Purchase of Invoices
Article 15
Units which do not need to perform tax registration according to law
but need to receive and purchase invoices may, in line with related
stipulations of the Methods, apply to competent tax authorities for
receiving and purchasing invoices.
Article 16
While unit and individual who apply for receiving and purchasing
special invoices for VAT provide certificates stipulated in Article 16 of
the Methods, they shall provide the tax registration certificate
(duplicate) stamped with the special seal confirming it or him being
"ordinary VAT payer". Non-VAT payer and small-scale VAT tax payer
confirmed by related stipulations on VAT shall not receive and purchase
special invoices for VAT.
Article 17
The tax registration documents mentioned in Article 16 of the Methods
refer to tax registration certificates (original and duplicate), and
registered tax registration certificates (original and duplicate).
Article 18
The application for the purchase of invoices mentioned in Article 16
of the Methods shall include clearly stated name of the unit and
individual, the trade they belong to and the economic type, the category,
name, and quantity of the invoices they need and shall be stamped with the
public seal of their unit and the seal of the person handling the matter.
Article 19
The ID card mentioned in Article 16 of the Methods refers to the
resident ID card, passport, work certificate of the person handling the
matter as well as other documents capable of proving the capacity of the
person handling the matter.
Article 20
The financial seal mentioned in Article 16 of the Methods refers to
the special financial seal of the unit or other financial seals.
Article 21
The special invoice seal mentioned in Article 16 of the Methods
refers to the financial seal for the unit which lacks (or finds it
inconvenient to use) and the seal carved by an individual industrial and
commercial household in accordance with the unified stipulations of tax
authorities and stamped with such additional words as its name, tax
registration number, special invoice seal used when receiving or drawing
up receipts. The form and use method of the "special invoice seal" shall
be determined by provincial- level tax authorities.
Article 22
The die of the financial seal and special invoice seal provided by
tax authorities for the unit and individual using invoice shall be
preserved for reference.
Article 23
The contents of the invoice-receiving and purchasing book mentioned
in Article 16 of the Methods shall include the name of the unit and
individual using the invoice, the trade they belong to, economic type, the
method of invoice purchase, the category of invoice ratified for purchase,
the name of invoice, the receiving and purchasing date, the amount
approved for purchase, start-stop number, record on breach of rules,
signature (seal) of invoice receiver and purchaser, the tax authorities
(seal) which verified and issued the invoice.
Article 24
The methods of invoice purchase mentioned in Article 16 of the
Methods refer to supply in batch, handing in the old and buying the new or
checking the old and purchasing the new.
Article 25
While selling invoices, the tax authorities shall charge production
cost and management fees in accordance with the verified and ratified
charging standard, and draw up a receipt for the invoice-buying unit and
individual. The production cost and management fee shall be regarded as a
special fund for special purpose and shall not be diverted to other
purposes, provincial- level tax authorities shall formulate a concrete
management system.
Article 26
Unit and individual who apply to the tax authorities for drawing up
invoices shall all provide written certificates concerning the purchasing
and market business and concerning their acceptance of services or other
business activities.
With regard to those who should pay tax according to the stipulations
of the Tax Law, the tax authorities shall levy tax while drawing up a
receipt.
Article 27
The guarantors mentioned in Article 19 of the Methods refers to
citizens, corporations or other economic organizations with guaranteeing
capability within the territory of China, state organs shall not act as
guarantors.
A guarantor who agrees to provide guarantee for the unit and
individual receiving and purchasing invoice shall fill out a warranty. The
contents of the warranty include: the object, scope, time limit and
responsibility of guarantee as well as other related matters.
The warranty takes effect only after it is signed and sealed by the
invoice purchaser, guarantor and tax authorities.
Article 28
The "legal responsibility undertaken by the guarantor or by earnest
money" mentioned in Clause 2 of Article 19 of the Methods means ordering
the guarantor to pay fine or pay fine with earnest money.
Article 29
The concrete scope for providing guarantor or paying earnest money as
well as the methods for providing guarantor or paying earnest money
related to engaging in temporary business activities by spanning cities
and counties within the province, autonomous region and municipality
concerned shall be stipulated by provincial-level tax authorities.
CHAPTER IV The Drawing Up and Management of Invoices
Article 30
The "invoice drawn up by the payer for the receiver under special
circumstance" mentioned in Article 20 of the Methods refers to the
invoices drawn up by the purchasing unit and withholding agent while
paying personal money.
Article 31
Whether or not the retail sales of small amount of commodities or
provision of minor services to individual consumers can be exempt from the
drawing up of invoices one by one shall be decided by provincial-level tax
authorities.
Article 32
The invoices which do not conform to the stipulations mentioned in
Article 22 of the Methods refer to invoices drawn up or gained whose
manufacture should but has not gone through the supervision of tax
authorities, or the items filled in are incomplete, the contents are
untrue, the handwriting is illegible or lacks the stamp of the financial
seal or special invoice seal, forged, invalid and other invoices
inconsistent with the stipulations of tax authorities.
Article 33
Unit and individual who fill in and draw up invoices shall draw up
invoices when business income is confirmed after the occurrence of
business management. No drawing up of invoices is allowed before the
occurrence of business management.
Article 34
After the drawing up of invoice, in case there is the return of goods
already sold which needs the drawing up of red-character invoice, the
original invoice must be recovered and the word "invalid" must be clearly
stated or effective certificate of the other party should be obtained;
when there are discount and allowance for sales, a sale invoice shall be
re-drawn up after recovering the original invoice and the word "invalid"
is clearly stated.
Article 35
Unit and individual, while drawing up invoice, shall fill in and draw
up invoice in accordance with the number order, the items filled in shall
be complete, contents shall be real, words legible, all sheets of invoice
shall be duplicated, printed in one single time, the contents shall be
completely consistent, the financial seal or the special invoice seal
shall be fixed in all sheets of the invoice and the withholding sheets.
Article 36
Chinese language shall be used in drawing up invoices. In national
autonomous areas a nationality language commonly used in the locality may
be used simultaneously. Foreign-funded enterprises and foreign
enterprises may simultaneously use a foreign language.
Article 37
The "invoices turned out of computers" mentioned in Article 24 of the
Methods refer to invoices printed by enterprises designated to print
invoices with the approval from tax authorities and provided for computer
to draw up.
Article 38
With regard to those who need to draw up invoices by spanning
provinces, autonomous regions and municipalities in accordance with the
needs of taxation management, the matter shall be decided by the State
Administration of Taxation.
Whether or not neighboring cities and counties in a province are
allowed to draw up invoices by spanning provinces, autonomous regions and
municipalities shall be determined by provincial-level tax authorities.
Article 39
The specified regions using invoices mentioned in Article 27 of the
Methods include the regions stipulated by the State Administration of
Taxation and provincial-level tax authorities.
Article 40
The sample and use methods of invoice registration books, as well as
the form and time limit related to reports on the use situation mentioned
in Article 38 of the Methods shall be determined by provincial-level tax
authorities.
Article 41
Unit and individual using invoices shall properly keep the invoices
and shall not lose them. Those who lose the invoice shall submit a written
report on the day of loss to the competent tax authorities and shall
announce and declare its cancellation on such mass media as newspapers,
magazines and television.
CHAPTER V The Check Up on Invoices
Article 42
The invoice-changing certificate mentioned in Article 33 of the
Methods is used only within the scope of the county (city) concerned. When
one needs to transfer the invoice out of the county (city) for
examination, one shall contact the county (city) tax authorities and use
local invoice-changing certificate.
Article 43
Real and false invoices shall be appraised by tax authorities.
Article 44
Unit which receives or keeps the invoice counterfoil shall, within 15
days after receiving the "verification card for filling in the invoice
situation" from the tax authorities, fill in the related situation and
return it to the department concerned, the pattern of the "verification
card for filling in the invoice situation" shall be determined by the
State Administration of Taxation.
CHAPTER VI The Rules for Punishments
Article 45
In meting out punishment of acts violating invoice management
regulations, the tax authorities shall notify the party concerned in
written form of the decision on handling the case; they shall place the
case on file for investigation and prosecution in regard to violation of
invoice management regulations.
Administrative penalty related to violation of invoice management
regulations shall be decided by tax authorities at or above the county
level; the value of fine or the amount of illegal gain to be confiscated
that stands at less than 1000 yuan may be decided by the tax office
itself.
Article 46
The following acts belong to conducts of failing to print invoices
and produce special products for anti-forged invoices according to
stipulations:
(I) Enterprises not designated by provincial-level tax authorities
but engage in unauthorized printing of invoices;
(II) Enterprises not designated by the State Administration of
Taxation but engage in unauthorized production of special products for
anti-forged invoices, or print special invoices for VAT;
(III) Forge or carve seals for supervising manufacture of invoices
without authorization, forge or produce special products for anti-forged
invoices without authorization;
(IV) Enterprises printing invoices fail to print invoices in
accordance with the "notice concerning invoice printing" or produce
special products for anti-forged invoices in accordance with the "notice
concerning the production of special products for anti- forged invoices";
(V) Re-lending or transferring seals for supervising manufacture of
invoices and special products for anti-forged invoices;
(VI) Enterprises engaging in the printing of invoices and production
of special products for anti-forged invoices fail to destroy waste
(substandard) products and thus incur losses;
(VII) Invoice users printing invoices without permission;
(VIII) Formulating a management system for the printing of invoices
and production of special products for anti-forged invoices not in
accordance with the stipulations of tax authorities;
(IX) Other acts of printing invoices and producing special products
for anti-forged invoices not in accordance with stipulations.
Article 47
The following acts belong to conducts of receiving and purchasing
invoices not according to stipulations:
(I) Receiving and purchasing invoices from units and individuals
other than tax authorities;
(II) Engaging in sales of and illegal trade in invoices without
permission;
(III) Transporting and sheltering sham invoices;
(IV) Providing invoices for or borrowing invoices from others;
(V) Stealing (usurping) invoices;
(VI) Other acts of receiving and purchasing invoices not according to
stipulations.
Article 48
The following acts belong to conducts of drawing up invoices not
according to stipulations:
(1) Failing to draw up invoices which should be done so;
(2) Filling in and drawing up invoice sheets that reveal the contents
such as the amount of money in the upper and lower sheet, and the tax
value of the sale item for VAT are inconsistent;
(3) The items filled in are incomplete;
(4) Obliterating invoices;
(5) Re-lend, transfer or draw up invoices on a commission basis;
(6) Tear off the invoice book and us the invoices without permission;
(7) Fabricate business activities, draw up false invoices;
(8) Draw up invoices which show the invoice and goods are
inconsistent;
(9) Draw up invalid invoice;
(10) Unauthorized use of invoices drawn up by the region not
designated;
(11) Make out other documents or blank notes (IOU) instead of
invoices;
(12) Expand the scope for drawing up special invoices or
special-purpose invoice for VAT;
(13) Fail to report on the situation regarding the use of invoice in
accordance with stipulations;
(14) Fail to set up an invoice registration book in accordance with
stipulations;
(15) Other acts of drawing up invoices in accordance with
stipulations.
Article 49
The following acts belong to conducts of obtaining invoices in
accordance with stipulations:
(1) Fail to obtain invoice which one should obtain;
(2) Obtain invoice inconsistent with stipulations;
(3) While obtaining invoice, one demands that the invoice maker alter
the product name, sum of money or the value of VAT or one does all these
on one's own;
(4) Fill in or draw up invoices on one's own and enter them into the
account book;
(5) Other acts of obtaining invoices not according to stipulations.
Article 50
The following acts belong to conducts of not keeping invoices
according to stipulations:
(1) Lose invoices;
(2) Damage (scrap) invoices;
(3) Los or scrap the counterfoil and invoice registration book;
(4) Hand in invoices for cancellation not according to stipulations;
(5) Enterprises which engage in the printing of invoices and
production of special products for the anti-forged invoices lose invoices
or the seal for supervising manufacture of invoices as well as special
products for anti-forged invoices;
(6) Establish an invoice-keeping system not according to
stipulations;
(7) Other acts of keeping invoices not according to stipulations.
Article 51
The following acts belong to conducts of refusing to accept the tax
authorities' check-up according to stipulations:
(1) Reject examination;
(2) Conceal the real situation;
(3) Create difficulties for and obstruct tax collectors from
conducting examination;
(4) Refuse to accept the "invoice- changing certificate";
(5) Refuse to provide related materials;
(6) Refuse to provide certificates confirmed by overseas notary
organs or registered accountants;
(7) Refuse to accept inquiries pertaining to invoices;
(8) Other acts of failing to accept tax authorities' examination
according to stipulations.
Article 52
The "illegal carrying, mailing, transporting or storing blank
invoices" referred to in Article 37 of the Methods include blank invoices
manufactured under the supervision of tax authorities and forged false
blank invoices.
Article 53
The illegal trade in invoices mentioned in Article 38 of the Methods
includes the illegal trade in invoices, the special products for
anti-forged invoices and fabricated false invoices.
Article 54
The confiscation of illegal gain mentioned in Article 36, 37, 38, and
39 of the Methods refers to confiscation of the incomes gained from
fabrication and illegal printing, production, trade, transfer, agency
drawing up of invoices and untruthfully drawing up invoices as well as
illegal carrying, mailing, transporting or storing invoices, seals for
supervising manufacture of invoices or special products for anti-forged
invoices and other acts contrary to the stipulations of these Detailed
Rules.
Article 55
Cases concerning tax evasion resulting from violation of invoice
management regulations shall be dealt with in accordance with the Law of
the People's Republic of China for Tax Management.
With regard to serious cases of violation of invoice management
regulations which constitute crimes, tax authorities shall transfer
written reports to judicial organs for treatment.
Article 56
The "one may apply to the next higher tax authorities for
reconsideration or submit the case to the people's court" mentioned in
Article 40 of the Methods refers to that one may apply for reconsideration
or submit the case to the people's court in accordance with the time limit
and procedures set in the Law of the People's Republic of China for Tax
collection and Management.
CHAPTER VII Supplementary Provisions
Article 57
The "specialized invoices" mentioned in Article 42 of the Methods
refers to the deposit and loan, exchange, account-transfer voucher and
insurance vouchers of state-owned financial and insurance enterprises; the
postage stamps, mail sheets, telephone service and telegraph receipts; and
passenger and cargo tickets handled by state-owned railway and civil
aviation enterprises and state-owned highway and water transport
enterprises under the communications department.
The specialized invoices used by non-state owned units and
individuals who operate the enterprises contracted or leased to them by
the above-mentioned units or enterprises owned by the state but operated
privately, as well as other invoices of the above- mentioned units shall
be chromatographed with the seal for supervising manufacture of unified
national invoices and shall be placed under the unified management of tax
authorities.
Article 58
The "upper" and "lower" mentioned in both the Methods and the
Detailed Rules for Implementation all contain this figure.
Article 59
Illegal acts related to invoices occurred prior to implementation of
the Methods shall be dealt with in accordance with the stipulation of the
then effective laws, administrative regulations and rules.
Article 60
The rights to interpret these Detailed Rules for Implementation
reside in the State Administration of Taxation.
Article 61
These Detailed Rules for Implementation go into effect from the day
of the implementation of the Law of the People's Republic of China for
Invoice Management. If the original related stipulations of various
departments are contradictory to these Detailed Rules for Implementation,
the matter should be dealt with in accordance with the Methods and these
Detailed Rules for Implementation.
Appendix 2
Publicity Outline for the Methods of the People's Republic of China for
Invoice Management
In order to strengthen invoice management, intensify tax collection
and management and maintain a normal economic order, with approval from
the State Council, the Ministry of Finance on December 23, 1993
promulgated the Methods of the People's Republic of China for Invoice
Management (hereinafter referred to as Methods). Conscientious study and
implementation of the Methods is of great significance in strengthening
invoice management and financial supervision, guaranteeing state tax
revenues and promoting the establishment and development of the socialist
market economic structure.
I. The necessity and importance of formulating the Methods
As a basic business voucher in the economic exchange, invoice is a
primitive evidence for financial accounting and an important proof for
taxation check. Since the founding of New China in 1949, invoice has all
along been placed under the unified management of tax authorities. During
the 10 chaotic cultural revolution (1966- 76), invoice was regarded as a
means for control, check and suppression and was therefore discarded, but
was restored after the Third Plenary Session of the 11th Central Committee
of the Communist Party of China in December 1978. In 1986, the Ministry of
Finance, in line with the stipulation of the Interim Regulations of the
People's Republic of China on Tax Collection and Management (hereinafter
referred to as Tax Collection and Management Regulations), formulated and
promulgated the Interim Methods for National Invoice Management
(hereinafter referred to as the Original Methods), on the basis of which,
various provinces, autonomous regions and municipalities also formulated
concrete methods for implementation and adopted active measures for
strengthening invoice management. However, along with the deepening of
China's reform and opening and the needs of the transformation of China's
economic structure, it is difficult for the Original Methods and measures
to fully suit the changed situation:
Firstly, it is difficult for the original management means and
methods to effectively restrain the illegal acts related to invoices. At
present, some units and individuals do not draw up and use invoices
according to stipulations, conceal their incomes, exaggerate their
production costs, indiscriminately apportion expenses, and evade taxes,
these phenomena cannot stopped despite repeated prohibitions; some lawless
elements print and sell invoices without authorization, forge, alter and
illegally traffic in invoices, they engage in rampant illegal criminal
activities by exploiting invoices to cheat export tax reimbursement;
smuggle and traffic in smuggled goods and appropriate state property. If
this situation is not changed, it will be bound to cause the loss of huge
amounts of state financial revenues and seriously upset the market economy
order.
Secondly, the original stipulations do not suit the needs of the new
tax system that will soon be implemented. In the new tax system that will
soon be put into practice in China, the significance and role of invoice
will undergo great changes, which will be manifested mainly in the tax
withholding system whereby VAT is clearly indicated by means of the
invoice. This requires that the special invoice for VAT be regarded as tax
bill and kept under strict control, more strict stipulations than the
Original Methods should be worked out relating to the various links such
as printing, receiving and purchasing, filling in and drawing up.
Thirdly, the original management system was not unified in terms of
its dealing with domestically funded and foreign enterprises. The Original
Methods were implemented in regard to domestically funded enterprises,
while for enterprises with foreign investment and foreign enterprises, the
Interim Regulations Concerning Invoice Management Over Enterprises with
Foreign Investment and Foreign Enterprises (hereinafter referred to as the
Original Regulations) promulgated in 1991 by the State Administration of
Taxation. This system is disadvantageous to the further opening to the
outside world and to fair competition between domestically funded and
enterprise with foreign investment.
Fourthly, the Original Methods are inappropriate with the current
basic law for tax collection and management. Along with the promulgation
and implementation of the Law of the People's Republic of China for Tax
Collection and Management (hereinafter referred to as Tax Collection and
Management Law), the Original Methods worked out on the basis of the Tax
Collection and Management Regulations were abolished along with the
abolition of the Tax Collection and Management Regulations and thus no
longer possess legal force. The management of invoices urgently needs to
be standardized or readjusted. Considering the changes in the
above-mentioned objective situation and the need of management, it is
absolutely necessary for the State Council to approve the Methods
promulgated by the Ministry of Finance. The Methods are administrative
regulations matched with the Tax Collection and Management Law and suiting
the requirements of the development of the socialist market economy. Its
promulgation market a new stage in the standardization and legalization of
China's invoice management work. It has unified China's invoice management
system, intensified the invoice management functions of tax authorities,
standardized the invoice management procedures, meted out more severe
punishment of illegal acts related to invoices, and at the same time
imposed more strict control on the law-enforcement acts of tax
authorities, further embodying the protection of the legal rights and
interests of units and individuals printing and using invoices. This will
help improve the legal system for tax collection and management, give
fuller play to the supervision and control functions of taxation, maintain
the market economy order, serve the reform and opening program and bring
about the sustained, rapid and sound development of the socialist economic
construction.
II. The Basis and Principles for Formulating the Method
The Methods were worked out and promulgated in accordance with the
Tax Collection and Management Law, with the stipulations of the Original
Methods and the current foreign-related invoice management as the basis,
and by combining with the stipulations related to the financial and
accounting system and summing up the successful experience gained in the
work of invoice management over the past few years and absorbing useful
international practices in terms of invoice management.
The following principles are adhered to and abided by in formulating
the Methods:
(1) Combining the maintenance of the economic order with facilitating
commodity circulation. In line with this principle, the Methods
concentrate the scope of invoice management on the business voucher which
has relatively great effect on the economic and taxation order, that is
vouchers on the receipt or payment of cash drawn up or obtained for the
purchase and marketing of commodities, providing or accepting labor
service as well as in other business activities; while settlement voucher
and business charge receipts within enterprises and institutions are no
longer included in the scope of invoice management. This facilitates the
circulation and accounting of the non-business commodities or products
within the enterprise, avoids the repetition and overlapping in invoice
management, helps tax authorities to concentrate strength on strengthening
management of business vouchers that affect the economic and taxation
order.
(2) The combination of centralization and unification with acting in
light with local conditions and giving consideration to historical habit.
Centralization and unification is required by strengthening invoice
management, however, some specific conditions in various regions and
departments need to be treated flexibly, it is necessary to integrate
generality and particularity of invoice management. On the basis of this
principle, the Methods contain special stipulations related to the
specialized invoices of units handling state-owned finance, posts and
telecommunications, railways, civil aviation, highways, and water
transportation. With approval from the State Administration of Taxation or
the tax bureaus of provinces, autonomous regions and municipalities
directly under the central government, the departments concerned of State
Council or provincial, autonomous regional and municipal people's
governments may engage in independent management.
(3) The combination of strengthened management and simplified
procedures. While standardizing invoice management procedures and
stipulating various measures for strengthening invoice management, the
Methods strive to simplify formalities. For example, the Original Methods
stipulate that the unit which uses invoice for special needs in business
shall bring with it an already designed invoice sample and submit a
written report on application for printing invoice to tax authorities.
After its application is approved, it shall have the invoice printed at
the designated printing house according to regulations. In this way, the
unit using invoice has to design the invoice sample, reports to the higher
authorities for approval and contacts the printing shop, this not only
involves complicated procedures and many links, but will easily cause the
emergence of loopholes. To avoid this, the Methods stipulate that
invoice-printing shall be handled exclusively by tax authorities; units
using invoice which has to print the name of the unit for special needs in
business shall be arranged exclusively by tax authorities, the unit no
longer needs to contact the printing house. This can both help reduce the
business of the unit using invoice and the links that may cause the
emergence of loopholes.
III. The Applicable Scope of the Methods
The Method clearly stipulates, "units and individuals who print,
receive, purchase, draw up, obtain and keep invoices within the territory
of the People's Republic of China must abide by these Methods". In the
future, these Methods are applicable to units and individual whether from
domestically enterprise with foreign investment, foreign enterprises as
well as other units and individuals who come to invest or operate business
in China, so long as they print and use invoices.
IV. The Structure and Characteristics of the Methods
Structure of the Methods is set up in compliance with the basic
requirement of invoice management and in line with the work process of
invoice management, i. e., chapters and sections are set up in line with
the printing, receiving, purchasing, drawing up, keeping, checking of
invoices and punishment related to invoices; the scope of invoices is
clearly defined, the various links and activities of the printing,
receiving, using, storing and checking of invoices and punishment related
to invoices are standardized. This makes things very convenient for tax
authorities and units and individuals who print and use invoices to
comprehend the basic requirements of invoice management and the
operational procedures and under their respective rights (authority), and
facilitates the implementation of the regulations on invoice management.
Compared with the regulations on invoice management as set in the
Original Methods, the Methods have the following main characteristics:
(1) Unifying the internal and external invoice management systems. As
supplementary administrative regulations, the Tax Collection and
Management Law, the Methods are identical with the Tax Collection and
Management in terms of applicable scope, it is applicable to units and
individuals of internal enterprises, or enterprise with foreign
investment, foreign enterprises as well as other units and individuals who
come to invest or operate factories in China. As a result, the practice of
using different invoice management systems for internal and external
enterprises has become things of the past. This will facilitate the
centralized and unified management of invoice, is conducive to the correct
implementation of the new tax system, particularly the system of deducting
tax by means of invoice for VAT, and help promote fair competition and
expand opening to the outside world.
(2) Strengthening tax authorities' functions in invoice management.
In light of the existing problems related to invoice management and the
present situation in which tax authorities' functions in invoice
management is weakened, the Methods strengthen tax authorities' management
functions in the various links of printing, receiving, using, storing and
examining invoices and punishment related to invoices. For example, the
right to print invoices is concentrated in tax authorities and tax
authorities institute a new system wherein units and individuals who come
from other provinces, autonomous regions and municipalities to the areas
under the jurisdiction of the tax authorities to temporarily engage in
business activities shall provide guarantors or guaranty money, tax
authorities are granted the right to adopt anti-forged invoice measures
and to conduct examination, making this stipulation more concrete. These
stipulations will effectively strengthen tax authorities' ability to
intensify invoice management.
(3) Standardizing invoice management procedures. As a set of
administrative regulations with both physical and procedural legal
natures, the Methods lay down strict standards for the management and the
managerial acts taken by tax authorities and units and individuals
printing and using invoices in various links of printing, receiving,
using, storing and inspecting invoices and punishment related to invoices,
and clearly define their respective obligations, rights (powers) as well
as legal responsibilities which they should undertake.
(4) Increasing punishment of illegal acts related to invoices. The
Methods make specific classifications of illegal acts related to invoices,
mete out more severe punishment of illegal acts than the original Methods;
particularly with regard to acts of unauthorized printing and selling,
forging, reshaping of invoices and illegal trading in invoices, the
ceiling of fine has been raised from the original 5000 yuan to 50000 yuan,
the Methods also set the minimum limit as 10000 yuan, those with two kinds
of illegal acts can be punished separately.
(5) Tightening restriction on the law-enforcement acts of tax
authorities and strengthening protection of the legal rights and interests
of units and individuals printing and using invoices, the Methods
stipulate strict procedural control on the law-enforcement acts of tax
authorities, so as to ensure the objective, just and correct enforcement
of law. At the same time, the Methods grant units and individuals printing
and using invoices the litigation right, that is, if they refuse to accept
the decision on punishment taken by tax authorities, they may directly sue
to the people's court, so as to guarantee the taxation administrative
standard in the form of judicial supervision.
V. The Printing Management of Invoices
Invoice printing management which is a basic link of invoice
management holds a very important position in the entire process of
invoice management. Article 14 of the Tax Collection and Management Law
makes it clear, "Invoices must be printed by the enterprises designated by
the competent tax departments of the provincial, autonomous regional and
municipal people's governments; no invoice is allowed to be printed
without the authorization of the competent tax departments of the
provincial, autonomous regional and municipal people's governments. The
methods of invoice management are stipulated by the State Council. The Tax
Collection and Management Law sets no concrete stipulations concerning
other links related to invoice management, it only sets out specific
stipulations on the management of invoice printing, this suffices to show
the key role and important significance of the management of invoice
printing in the entire invoice management. Therefore, in the spirit of the
stipulations of the Tax Collection and Management, the Methods further
intensify the management of invoice printing-
Firstly, instituting a printing permit system. The Methods stipulate
that, the tax bureaus of the provinces, autonomous regions and
municipalities should, in line with the principle of centralized printing
and unified management, strictly examine the qualifications of the
enterprise for printing invoices, and issue invoice printing permits to
the enterprises designated to print invoices.
Secondly, using special products for anti-forged invoices. The
Methods stipulate that the special products for anti-forged invoices shall
be produced by enterprises designated by the State Administration of
Taxation. The fabrication and illegal trading in special products for
anti-forged invoices are prohibited.
Thirdly, manufacture-supervising seal for chromatolo graphing unified
national invoices. The Methods stipulate that invoices should be
chomatolographed with the manufacture-supervising seal for unified
national invoices. The requirements for the form of the
manufacture-supervising seal for unified national invoices and the
printing of the layout of the invoice shall be stipulated by the State
Administration of Taxation, a system of irregular change in layout shall
be instituted, forged invoice manufacture-supervising seal is prohibited.
Fourthly, limiting invoice printing place. The Methods stipulate that
the invoices of various provinces, autonomous regions and municipalities
shall be printed within the concerned provinces, autonomous regions and
municipalities; when there is really the need that invoices must be
printed in other provinces, autonomous regions and municipalities, the tax
authorities of the provinces, autonomous regions and municipalities shall
discuss the matter with the tax authorities of the provinces, autonomous
regions and municipalities which are the printing places and obtain their
agreement, the invoices shall be printed by the invoice- printing
enterprises designated by the tax authorities of the printing places. In
order to strengthen the printing management of special VAT invoices, the
Methods stipulate that special VAT invoices shall be printed exclusively
by the State Administration of Taxation. The printing of invoices abroad
is prohibited.
Fifthly, the stipulations concerning the management of printing
invoices must be strictly abided by. Enterprises printing invoices shall
print invoices in accordance with the pattern and quantity approved by tax
authorities; the invoice-printing management system and keeping measures
shall be established according to stipulations, the responsibility system
of persons in charge of the use and management of invoice
manufacture-supervising seals and special products for anti-forged
invoices shall be instituted. The language used for printing invoices
shall be in Chinese characters. National autonomous areas may print in
invoices an additional common nationality characters. Where there is
actual need, Chinese and foreign words may simultaneously be used for
printing invoices.
VI. The Receipt and Purchase of Invoices
The receipt and purchase of invoices are legal invoice procedures
obtained by units and individuals using invoices. Standardizing the
invoice receiving and purchasing procedures helps tax authorities to
strengthen management and makes things convenient for units and
individuals to use invoices and reduce the loss of invoices. Therefore,
the Methods map out strict standard for invoices receiving and purchasing
procedures:
Firstly, The following invoice receiving and purchasing procedures
are stipulated for units and individuals who perform tax registration
according to law:
(1) After receiving the tax registration certificate, filing an
application for receiving and purchasing invoices at competent tax
authorities and at the same time providing the ID card of the person
handling the particular matter, tax registration certificate or other
related documents as well as the die of financial seal or the special seal
for invoices.
(2) After examining and approving the application for receiving and
purchasing invoices and related documents, the competent tax authorities
shall issue them invoice receiving and purchasing books.
(3) In line with the verified and approved kind, quantity and the
method of purchasing invoices as indicated in the invoice receiving and
purchasing books, they may receive and purchase invoices at the competent
tax authorities.
Secondly, Units and individuals who temporarily engage in business
activities outside the province, autonomous region and municipality
concerned shall use the certificate issued by the tax authorities where
they are located to apply to the tax authorities where they are engaged in
business for the local invoices. The tax authorities of the business
location may ask them to provide guarantor or to pay guaranty money not
exceeding 10000 yuan in accordance with the face value and quantity of the
invoice they received and purchased and hand in the invoice for
cancellation. For those who hand in the invoice for cancellation on
schedule, the obligation undertaken by the guarantor may be relieved or
the guaranty money returned; for those who fail to hand in the invoices on
schedule, the guarantor shall bear legal responsibility or do so with
guaranty money. Tax authorities which charge the guaranty money shall make
out a receipt.
Thirdly, an invoice drawing up system is instituted whereby other
units and individuals, when need invoices, may directly apply to tax
authorities for the drawing up of invoices.
VII. The drawing Up and Keeping of Invoices.
The drawing up and keeping of invoices are the two vitally important
links in the management of invoices, they are closely related to the
financial management of enterprises and the check and supervision of tax
authorities. Therefore, the Methods put down specific stipulations on the
different aspects of these two links:
Firstly, requirements on the units and individuals drawing up
invoices:
(1) While receiving payment from foreigners for selling commodities,
providing services as well as engaging in other business activities, they
shall draw up invoices for the payer. Under special circumstances, the
payer draws up invoices for the payee.
(2) In drawing up invoice, one should do this truthfully at one
single time in accordance with the time limit, order, column by column and
all forms of invoices, and affix the financial seal of the unit or the
special invoice seal.
(3) The drawing up of invoice with computer should be approved by tax
authorities, external invoices made under the exclusive supervision of tax
authorities should be used, the stub form of invoices after drawn up
should be bound into a book form.
(4) The drawing up of invoices is limited within the provinces,
autonomous regions and municipalities which are the location of the unit
and individual receiving and purchasing invoices; those who are engaged in
business beyond this scope should draw up invoices of the business
location. Tax authorities of provinces, autonomous regions and
municipalities may stipulate the method for drawing up trans-city and
trans-county invoices.
(5) When there are changes in the content of tax registration by
units and individuals who draw up invoices, they shall appropriately
perform the procedures of changing the invoices and books for receiving
and purchasing invoices; before cancelling tax registration, they shall
hand in the book for receiving and purchasing invoices and invoices for
cancellation.
Secondly, Requirements on units and individuals who obtain invoices:
(1) All units and individuals engaging in production and operation,
while paying money for the commodities purchased, acceptance of services
as well as engaging in other business activities shall obtain invoices
from the payee, but they shall not demand changing the name of and money
for the products.
(2) Invoices not conforming to stipulations cannot be used as
evidence for submitting an account for reimbursement; any unit and
individual have the right to refuse to accept.
Thirdly, Units and individuals shall keep the invoices according to
stipulations. Units and individuals who draw up invoices should establish
a system of depositing and keeping invoices, set up an invoice
registration book and regularly report to tax authorities on the use of
invoices; the stub form of invoices already drawn up and the invoice
registration book should be kept for five years, after the expiration of
the invoice keeping period, they shall report to tax authorities for
checking and cremation.
Fourthly, illegal trading in invoices, invoice supervision-
manufacture seal and special products for anti-forged invoices by any unit
and individual is prohibited; without permission they are not allowed to
transcend stipulations to use blank invoices carried, mailed and
transported from other regions. The carrying, mailing and transporting
blank invoices in and out of the territory are prohibited.
VIII. The Examination of Invoices
Invoice examination is a supervision activity related to invoice
management stipulations carried out by tax authorities according to law
over the printing and use of invoices by units and individuals, and is an
organic component of the invoice management system. It is of great
importance to ensuring that the units and individuals printing and using
invoices strictly abide by invoice management standardization and maintain
economic and taxation orders.
The Methods not only clearly define the invoice examination right of
tax authorities, but also make it specific and standard, so as to ensure
exercise of the invoice examination right and protect the legal rights and
interests of the examinee.
Firstly, the Methods clearly define the powers and functions of tax
authorities in invoice examination. In invoice examination, tax
authorities may exercise the following powers:
(1) Examining the situation regarding the printing, receiving,
purchasing, drawing up, obtaining and keeping invoices;
(2) Having invoices transferred out for examination;
(3) Examining and reproducing certificates and materials related to
invoices;
(4) Inquiring the parties concerned about matters and situation
related to invoices;
(5) While investigating and handling invoice cases, they may record,
tape record, video record, take photos and reproduce cases- related
situation and materials;
(6) When there is doubt about the invoice or certificate related to
tax payment which the examinee obtained from abroad, they may ask the
examinee to provide certificate confirmed by overseas notary organs or
licensed accountant.
While conducting examination of invoices, tax authorities should
perform the following duties:
(1) While conducting invoice examination, the examiner should show
out taxation inspection certificate;
(2) When there is the need to transfer out the drawn up invoice for
examination, the examiner should draw up an invoice change certificate.
When there is the need to transfer out blank invoices for examination, the
examiner should make out a receipt; the blank invoice, when proved no
problem, should be returned immediately.
Secondly, Stipulating the examinee's duties during invoice
examination:
(1) Accepting examination conducted by tax authorities according to
law, accurately reporting the situation, providing related materials, he
shall not refuse to accept examination and hide the facts;
(2) Providing invoices or evidence and certificates confirmed by
overseas notary organs or licensed accountant;
(3) Unit which receives invoice or invoice stub form shall accurately
fill in the invoice situation checking card issued by tax authorities and
return it on schedule.
IX. Punishment of Illegal Acts Related to Invoices
Invoice-related illegal act is an act violating the invoice
management system and shall be subject to lawful punishment. ARTICLE 48 of
the Tax Collection and Management Law stipulates that with regard to those
who illegally print invoices, the tax authorities shall recriminate the
illegally printed invoices, confiscate their illegal gain and impose
fines. In the spirit of this stipulation, the Detailed Rules for
Implementation of the Tax Collection and Management Law clearly stipulate
that those who provide invoices for the tax payer and withholding agent
which results in no or less tax payment or cheating export tax
reimbursement, tax authorities, besides confiscating the illegal gains,
may impose a less than 100 percent fine for paying no or less tax or
cheating tax payment. On the basis of the Tax Collection and Management
Law and its Detailed Rules, the Methods further stipulate fines on illegal
acts related to invoices.
Firstly, with regard to units and individuals who commit one of the
following acts, the tax authorities may order them to correct it within
the specified time, confiscate their illegal gains and impose a fine less
than 10000 yuan;
(1) Printing invoices or producing special products for anti- forged
invoices not according to stipulations;
(2) Receiving and purchasing invoices not according to stipulations;
(3) Drawing up invoices not according to stipulations;
(4) Obtaining invoices not according to stipulations;
(5) Keeping invoices not according to stipulations;
(6) Accepting examination by tax authorities not according to
stipulations.
Separate punishments may be meted out on two or more of the
above-mentioned acts.
Secondly, with regard to illegally carrying, mailing, transporting or
depositing blank invoices, tax authorities will take over the invoices,
confiscate the illegal gains and impose a less than 10000 yuan fine.
Thirdly, with regard to unauthorized printing, forging, altering,
illegal trading in invoices, unauthorized manufacture of
invoice-supervising manufacture seal and special products for anti- forged
invoices, tax authorities will seal up, detain or recriminate them,
confiscate the illegal gains and tools of offense, and impose a fine
ranging between 10000 and 50000 yuan; those whose case is serious and
constitutes a crime shall be given criminal sanctions.
X. The Connection of Old and New Regulations
In line with the stipulations of the Methods, the Original Methods
promulgated by the Ministry of Finance in 1986 and the Original
Regulations promulgated by the original State Administration of Taxation
in 1991 were abolished from the day of the publication of the Methods. The
Original Methods and the Original Regulations are, in principle,
applicable to previous illegal cases and illegal acts related to invoices
which are being handled or are newly discovered after the publication of
Methods. However, for convenience in operation, stipulations relating to
such procedural aspects as handling and reconsidering cases, the Methods
and Detailed Rules are, without exception, applicable.
In short, the Methods are a basic regulation concerning China's
invoice management and an important legal weapon for safeguarding the
order of the socialist market economy and taxation. Tax authorities at all
levels should conscientiously organize tax collectors to study and use the
Method well; at the same time, it is necessary to conduct extensive
publicity on the Methods to society, so as to win the understanding and
support of various quarters and to enable the Methods to play theirs due
role in the establishment and improvement of the socialist market economic
structure with Chinese characteristics. The adoption of the derating
method can, in line with the method for calculating the dutiable tax value
of the tax-free product, work out all tax value of the product and then
calculate the reduced tax value in accordance with the stipulated tax
rebatement proportion.
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