Interim Regulations of the People's Republic of China on Business Tax (Revised in 2008)

Interim Regulations of the People's Republic of China on Business Tax (Revised in 2008)

Order of the State Council No.540

November 10, 2008

The Interim Regulations of the People's Republic of China on Business Tax revised and adopted at the 34th executive meeting of the State Council on November 5, 2008 are hereby promulgated and shall come into effect as of January 1, 2009.

Premier Wen Jiabao

Interim Regulations of the People's Republic of China on Business Tax (Revised in 2008)

(Promulgated by the Order of the State Council No. 136 on December 13, 1993 and were revised and adopted at the 34th executive meeting of the State Council on November 5, 2008)

Article 1 All units and individuals providing services as prescribed in these Regulations, transferring intangible assets or selling immovable properties within the territory of the People's Republic of China shall be taxpayers of business tax, and shall pay business tax in accordance with these Regulations.
　
Article 2 The taxable items and tax rates of business tax shall be determined in accordance with the Taxable Items and Tax Rates Form for Business Tax appended to these Regulations.
Any adjustments to the taxable items and tax rates shall be determined by the State Council.
The specific tax rates applicable to taxpayers engaged in the entertainment industry shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government within the range prescribed by these Regulations.
　
Article 3 For taxpayers providing services (hereinafter referred to as taxable services), transferring intangible assets or selling immovable properties under different tax items, the turnover, transfer and sales volume (hereinafter referred to as turnover) under different tax items shall be accounted for respectively. Where the turnover has not been accounted for respectively, a higher tax rate shall apply.
　
Article 4 For taxpayers providing taxable services, transferring intangible assets or selling immovable properties, the tax payable shall be computed according to the turnover and the prescribed tax rates.
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