Circular of the State Administration of Taxation on Printing and Distributing Interim Administrative Measures for Tax Refunds for Purchases of Domestically-Manufactured Equipment by Foreign-Invested Enterprises

Circular of the State Administration of Taxation on Printing and Distributing Interim Administrative Measures for Tax Refunds for Purchases of Domestically-Manufactured Equipment by Foreign-Invested Enterprises
Circular of the State Administration of Taxation on Printing and Distributing Interim Administrative Measures for Tax Refunds for Purchases of Domestically-Manufactured Equipment by Foreign-Invested Enterprises

Guo Shui Fa [1999] No.171

September 20,1999

The State Council has recently decided to refund value added tax to foreign-invested enterprises that purchase domestically-manufactured equipment falling within a tax-free category, subject to the applicable investment limit. The State Administration of Taxation has therefore formulated the Tentative Measures for the Administration of Tax Refunds for Purchases of Domestically-manufactured Equipment by Foreign-Invested Enterprises, which are now issued to you and shall be complied with and implemented in full.

Appendix:
Interim Measures for the Administration of Tax Refunds for Purchases of Domestically-Manufactured Equipment by Foreign-Invested Enterprises

Chapter I General Provisions

Article 1 These Measures have been formulated to encourage foreign-invested enterprises to use domestically-manufactured equipment, to clarify the associated responsibilities and administrative procedures, and to regulate the relevant matters in accordance with applicable laws and regulations.

Article 2 The local State Administration of Taxation where a foreign-invested enterprise is located shall be responsible for the registration (and cancellation thereof), supervision and verification of domestically-manufactured equipment purchased by any such enterprise and for tax refunds thereon in accordance with the relevant regulations.

Chapter II Scope of and Conditions Applicable to Tax Refunds

Article 3 Foreign-invested enterprises that qualify for tax refunds are those that have become registered for tax purposes, including Sino-foreign contractual joint ventures, Sino-foreign cooperative joint ventures and wholly owned foreign enterprises.
The total amount of funds invested by foreign investors in any foreign-invested enterprise shall account for 25 percent or more of the total amount invested by all investors in the enterprise concerned.

Article 4 The kinds of equipment eligible for tax refunds are those falling under the Encouraged Category and the Restricted B Category of the Catalogue of Foreign-funded Industries stipulated in the Circular of the State Council on Adjusting the Tax Policy of Imported Equipments (Guo Shui Fa [1997] No.37), as well as equipment purchased in the domestic market for investment projects listed in the Catalogue of Key Industries, Products and Technologies the Development of which is Encouraged by the State.
  ......
Please consent to the LexisNexis Terms and Conditions and Privacy Policy.