Detailed Rules on Implementation of the Tentative Regulations of the People's Republic of China on Stamp Tax
Detailed Rules on Implementation of the Tentative Regulations of the People's Republic of China on Stamp Tax
Detailed Rules on Implementation of the Tentative Regulations of the People's Republic of China on Stamp Tax
Cai Shui Zi [1988] No. 255
September 29, 1988
Article 1 These Detailed Rules were formulated according to stipulations in Article 15 of the "Interim Regulations of the People's Republic of China on Stamp Tax" (hereinafter referred to simply as "Regulations" )
Article 2 "Documents which are executed or received in the categories specified in these regulations and within the borders of the People's Republic of China" in Article 1 of the regulations refers to documents which have the force of law within the borders of China and receive the protection of Chinese law.
The above mentioned documents, whether they are executed within or outside the borders of China, are all subject to Stamp Tax according to regulations.
The term "units and individuals" in Article 1 of the regulations refers to the various types of domestic enterprises, public institutions 9 administrative organizations 9 social
groups and the armed forces, as well as to Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures, wholly foreign funded enterprises, foreign
enterprises, foreign companies and enterprises and other economic organizations and u-nits and individuals in their offices in China.
All Chinese-foreign joint ventures, Chinese-foreign equity joint ventures, contractual joint venture, wholly foreign funded enterprises, foreign companies and enterprises and other economic organizations which pay Consolidated Industrial and Commercial Tax (CICT) may offset the full amount of their Stamp Duty payments against their CICT payments .
Article 3 "Contracts for construction projects" in Article 2 of the Regulations refers to building project survey and design contracts and construction and installation contracts.
Construction and installation contracts include general contracting, sub-contracting and assignment contracting.
Article 4 The term "contracts" in Article 2 of the Regulations refers to contracts concluded in accordance with the " Economic Contract Law of the People's Republic of China" , the "Law of the People's Republic of China on Foreign-related Economic Contracts" and other contracts related to contract law legislation.
The term "documents of a contractual nature" refers to agreements, deeds, treaties, transaction documents, letters of confirmation and other similar types of documents which have the validity of a contract.
Article 5 The term "documents which transfer property rights" in Article 2 of the Regulations refers to documents including the transfer of property rights by units and individuals, through such means as purchase, sale, inheritance, gift, exchange or division.
Article 6 The term "business account books" in Article 2 of the Regulations refers to books of account in which a unit or individual records the financial and accounting details of its production and business activity.
Article 7 The term "books of accounts which record funds listed in the Table of Stamp Taxable Items and Tax Rates" refers to general ledgers recording the original value of fixed assets and internal working funds or books of account set up specifically to record the original cost of fixed assets and internal working funds.
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Cai Shui Zi [1988] No. 255
September 29, 1988
Article 1 These Detailed Rules were formulated according to stipulations in Article 15 of the "Interim Regulations of the People's Republic of China on Stamp Tax" (hereinafter referred to simply as "Regulations" )
Article 2 "Documents which are executed or received in the categories specified in these regulations and within the borders of the People's Republic of China" in Article 1 of the regulations refers to documents which have the force of law within the borders of China and receive the protection of Chinese law.
The above mentioned documents, whether they are executed within or outside the borders of China, are all subject to Stamp Tax according to regulations.
The term "units and individuals" in Article 1 of the regulations refers to the various types of domestic enterprises, public institutions 9 administrative organizations 9 social
groups and the armed forces, as well as to Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures, wholly foreign funded enterprises, foreign
enterprises, foreign companies and enterprises and other economic organizations and u-nits and individuals in their offices in China.
All Chinese-foreign joint ventures, Chinese-foreign equity joint ventures, contractual joint venture, wholly foreign funded enterprises, foreign companies and enterprises and other economic organizations which pay Consolidated Industrial and Commercial Tax (CICT) may offset the full amount of their Stamp Duty payments against their CICT payments .
Article 3 "Contracts for construction projects" in Article 2 of the Regulations refers to building project survey and design contracts and construction and installation contracts.
Construction and installation contracts include general contracting, sub-contracting and assignment contracting.
Article 4 The term "contracts" in Article 2 of the Regulations refers to contracts concluded in accordance with the " Economic Contract Law of the People's Republic of China" , the "Law of the People's Republic of China on Foreign-related Economic Contracts" and other contracts related to contract law legislation.
The term "documents of a contractual nature" refers to agreements, deeds, treaties, transaction documents, letters of confirmation and other similar types of documents which have the validity of a contract.
Article 5 The term "documents which transfer property rights" in Article 2 of the Regulations refers to documents including the transfer of property rights by units and individuals, through such means as purchase, sale, inheritance, gift, exchange or division.
Article 6 The term "business account books" in Article 2 of the Regulations refers to books of account in which a unit or individual records the financial and accounting details of its production and business activity.
Article 7 The term "books of accounts which record funds listed in the Table of Stamp Taxable Items and Tax Rates" refers to general ledgers recording the original value of fixed assets and internal working funds or books of account set up specifically to record the original cost of fixed assets and internal working funds.
......