GuoShuiFa [1994] No.115 April 21,1994

The tax bureaus of various provinces, autonomous regions and municipalities directly under the Central Government, the tax bureaus of various municipalities separately listed on the State plan and various sub-bureaus of the Offshore Oil Tax Administration:

In the spirit of the Circular of the State Council On Questions Related to the Interim Regulations Concerning the Levy of Applicable Value-Added Tax, Consumption Tax and Business Tax on Enterprises with Foreign Investment and Foreign Enterprises, questions concerning refunding the extra tax paid by enterprises with foreign investment after the change-over to the levy of value-added tax and consumption tax are hereby clarified in detail as follows;

I. The extra tax paid by enterprises with foreign investment due to change-over to the levy of value-added tax and consumption tax refers to the actual tax payment calculated in accordance with the Interim Regulations of the People's Republic of China on Value-Added Tax, the Interim Regulations of the People's Republic of China on Consumption Tax and related stipulations for the goods sold, product processing and labor services provided such as repair, production, and processing taxable consumer goods on a commission basis by enterprises with foreign investment, that surpasses the part of payable tax calculated in accordance with the Regulations of the People's Republic of China On Consolidated Industrial and Commercial Tax (Draft), Provisions On Questions Concerning the Levy of Special Consumption Tax on Sedan Cars issued by the State Administration of Taxation as well as related stipulations, The calculation formula is given as follows:

Current extra tax payment = current actual payment of value- added tax + current actual payment of consumption tax-consolidated industrial and commercial tax payment-special consumer tax payment

The consolidated industrial and commercial tax payment refers to the tax payment (including local surcharge) worked out in accordance with the table of tax items and tax rates of consolidated industrial and commercial tax attached to the Circular On Questions Concerning Implementing the Document Coded Guo Shui Han Fa [1993] No.152 , a document of the Foreign Tax Management Department of the State Administration of Taxation coded Coded Guo Shui Wai Han [1994] No. 009, which is calculated on the basis of the combined total of the sales volume of the current year and tax on the sale item. For enterprises with foreign investment engaged in wholesale and retail sale business, consolidated industrial and commercial tax payment on their business income is all calculated at a 3 percent rate.

The special consumption tax payment refers to the tax payment worked out in accordance with the quantity of current taxable products and the tax items, tax value and calculation methods as listed in the Regulations on Questions Concerning the Levy of Special Consumption Tax on Sedan Cars, a document of the State Administration of Taxation (GuoShuiLiuZi [1989] No.112).

II. For the overly paid tax by the enterprise with foreign investment which pays both value-added tax and consumption tax, the tax reimbursement for the value-added tax and consumption tax shall be calculated in accordance with the proportion of the current value-added tax and consumption tax actually paid in the total value of the current value-added tax and consumption actually paid. The calculation formula is given as follows:

Refundable VAT =Current extra tax payment * Current actual VAT payment / Total value of current actual VAT & consumption tax payment

Refundable consumption tax = current extra tax payment * current actual payment of consumption tax / Total value of current actual VAT & consumption tax payment

III. "The enterprises with foreign investment approved to be established before December 31, 1993" as mentioned in the Circular On Questions Involved in the Interim Regulations of the State Council Concerning the Levy of Applicable Value-Added Tax, Consumption Tax and Business Tax on Enterprises with Foreign Investment and Foreign Enterprises refer to enterprises with foreign investment which had performed industrial and commercial registration procedures before December 31, 1993: "The approved operational period" refers to the operational period approved by the industrial and commercial administrative department, excluding the period extended after January 1, 1994; "The five years" refers to the period from January 1, 1994 to December 31, 1998.

IV. That part of value-added tax and consumption tax paid for the imported goods of enterprises with foreign investment that exceed the payable tax for imports calculated in accordance with relevant stipulations of the original Regulations Concerning Consolidated Industrial and Commercial Tax shall not be refunded in principle. However, for the extra tax paid by individual enterprises with foreign investment for the raw and semi-finished materials and spare parts and components needed in production but the supply of which cannot be guaranteed on the domestic market and imported for the production of products which are urgently needed at home or the development of which is encouraged by the state, may be dealt with as an individual case with approval from the State Administration of Taxation.

The formula for calculating consolidated industrial and commercial tax on imports is given as follows:

Consolidated industrial & commercial tax on imports =(Duty - paid value + tariff )* Consolidated industrial & commercial tax rate / (1 - Consolidated industrial & commercial tax rate)

V. For the goods produced by enterprises with foreign investment and sold to an export-oriented enterprise for export, the extra tax payment resulting from increased tax burden shall not be refunded.

VI. A enterprise with foreign investment shall, within 30 days after the end of the Year, send a written application report to the competent foreign-related tax authorities, fill in the Application Form for Tax Reimbursement Due to Increased VAT and Consumption Tax Burden (attached at the back), at the same time it shall send a copy of the VAT and consumption tax paid certificate, after the application has been examined and verified by the competent foreign-related tax authorities and approved by the authorized tax authorities, the enterprise shall perform the procedures for tax reimbursement.

VII. The annual tax reimbursement amount of a enterprise with foreign investment that exceeds 1 million Yuan (including 1 million Yuan) shall be examined and approved by the State Administration of Taxation; an annual tax reimbursement amount that is below 1 million Yuan shall be examined and approved by the provincial-level sub-bureaus and sub-bureaus of municipalities separately listed on the State plan under the State Administration of Taxation.

The various provincial sub-bureaus and sub-bureaus of municipalities separately listed on the State plan shall, within 60 days after the end of the year, submit a report on the information about tax reimbursement of the previous year to the State Administration of Taxation.

VIII. The refunding of extra tax payment shall be handled lump sum in principle after the end of the year. If the annual tax reimbursement amount is large, it may be refunded on a quarterly basis and settlement made at year-end with approval from the provincial-level sub-bureaus or sub-bureaus of municipalities separately listed on the State plan. For individual enterprises which really have difficulty in turnover of funds, with approval from the State Administration of Taxation, tax can be refunded in advance on a monthly basis and settlement be made at year end.

IX. A enterprise with foreign investment shall accurately declare the amount of tax reimbursement, if more tax payment than required resulting from inaccurate report or the adoption of illegitimate means is discovered, the matter shall be handled in accordance with the related stipulations of the Measures of the People's Republic of China on Administration of Tax Collection.

Attachment:

I. The Application Form of Tax Reimbursement Due to Increased Value-Added Tax and Consumption Tax Burden (omitted)

II. Stipulations On Questions Concerning the Levy of Special Consumption Tax on Sedan Cars (omitted)

Promulgated by The State Administration of Taxation on 1994-4-21