Law of the People's Republic of China on Resource Tax
Law of the People's Republic of China on Resource Tax
Law of the People's Republic of China on Resource Tax
Order of the President of the People's Republic of China No.33
August 26, 2019
The Law of the People's Republic of China on Resource Tax, which has been adopted at the 12th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 26, 2019, is hereby issued for implementation as of September 1, 2020.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Resource Tax
(Adopted at the 12th Session of the Standing Committee of the 13th National People's Congress on August 26, 2019)
Article 1 Entities and individuals that exploit taxable resources in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China are resource taxpayers, and they shall pay resource tax in accordance with the Law.
The specific scope of taxable resources shall be subject to the Schedule of the Taxable Items and Tax Rates of Resource Tax attached hereto (the "Schedule").
Article 2 The taxable items and tax rates of resource tax shall be subject to the Schedule.
Where the tax rate scope is provided in the Schedule, the specific applicable tax rate in the Schedule shall be proposed by the people's government of the province, autonomous region or municipality directly under the Central Government based on an overall consideration of the quality of taxable resources, exploitation conditions, influence on the ecological environment and other conditions within the tax rate scope as provided in the Schedule, and be submitted for determination to the standing committee of the people's congress of the same level, and be reported to the Standing Committee of the National People's Congress and the State Council for record-filing. If the taxable object as specified in the Schedule is raw ores or mineral processing products, the specific applicable tax rates may be determined respectively.
Article 3 The resource tax is collected on an ad valorem or ad quantum basis according to the Schedule.
Where taxable products may be taxed on an ad valorem or ad quantum basis according to the Schedule, people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall propose specific methods for tax calculation and levying, and report the same to the standing committee of the people's congress of the same level for determination and to the Standing Committee of the National People's Congress and the State Council for record-filing.
For taxable resource products (the "taxable products") taxed on an ad valorem basis, the tax amount payable shall be calculated based on the sales volume of the taxable products multiplied by the specific applicable tax rate.
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