Laws of the People's Republic of China

The Ministry of Finance, the State Administration of Taxation

Circular of the Ministry of Finance and the State Administration of Taxation on some Issues Concerning the Tax Refund or Exemption for Exported Goods

CaiShuiZi [1998] No.116

August 14, 1998

The departments (bureaus) of finance and the state taxation bureaus of various provinces, autonomous regions, municipalities directly under the Cental Government and municipalities separately listed on the State plan:

This is to specify some issues concerning the tax refund or exemption for exported goods, with the aim to strengthen the management, and further regulate the administrative measures of exported goods taxation:

I.

No specialized value-added tax invoice shall be offered to the agent for the goods exported through agency, and taking over and writing off of that kind of invoice shall no longer be requested when tax administrations of the location of the trustee in charge of export refund offer the certificate of exporting goods through agency.

II.

According to the provisions of Official Reply of the State Council on the Measures of the Customs on the Supervision and Administration of Bonded Areas, a system of recording is to be executed for the goods from bonded areas to overseas territory or vice versa; the Customs shall issue a list of recordings instead of customs declarations. And the list of recordings and other documents concerned are required in case of an application for refund by the enterprise located in bonded areas.

III.

Corresponding refund rate of the export goods that are trusted for processing before exporting shall apply to the processing fee. Local administrations in charge of refund should conduct a survey of refund for the processing fee taking place after Jan 1, 1996 and overdue refunds should offset refunds that are due for other goods.

IV.

According to article 2 of the document coded CaiShuiZi[1997] No.14 promulgated by the Ministry of Finance and the State Administration of Taxation, an application table for trade of goods made of imported materials should be filled according to the registry manual for imported-material-processing for the imported materials and parts when enterprises import materials and parts to manufacture goods for exporting, and be submitted to the tax administration in charge of its taxation upon the approval and sealing of the tax administration in charge of its refund. And offsetting is allowed in computing the value-added tax of the finished products for this part on the basis of the stipulated tax rate. After exporting, the tax administration in charge of refund shall, in computing its refund or offsetting, detract an amount at the stipulated refund rate. Attached is an application table for goods-made-of-imported-materials trade of productive enterprises, worked out according to the current status of trade of goods made of imported materials.(for a sample of the table see the attachment)

V.

The circular shall enter into force as of the date of its receipt.

Attachment: application table for goods-made-of-imported-materials trade of productive enterprises(omitted)