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state-owned
enterprises, plus the regularity tax. An eight-grade progressive tax rate for
excess over specific amounts was adopted for small state owned and collective
enterprises, including township enterprises, with the highest rate standing
at 55 percent, and the lowest rate at 10 percent. The rate for private
enterprises was set at 35 percent, plus a 3 percent local tax. In terms of
latter, the tax rate was 24 percent plus 3 percent in coastal economic
develoment zones. Another case in point is that the turnover tax was adopted
under conditions dominated by planned prices and were disigned to ease the
contracdiction resulting from irrational prices. The tax rates, which ranged
from 3 percentto 60 percent, were divided in 30 grades, while current prices
have for the most part been decontolled. Failure to merge the multiple tax
system and readjust tax rates was thus disadvantageous to fair competition
among enterprises.
2. The
distributive relationship between the state and enterprises is in a
disproportionate interlocking state. In addition to enterprise income and
regulatory taxes, the state also collects construction and budetary buffer
funds from enterprises engaged in key energy and communications projects.
Competent departments of local governments also overburden enterprises as a
whole by using various methods to collect considerable administrative
expenses and funds. The series of preferential taxation policies which were
enacted as part of an effort to solve the actual difficulties of enterprises
and thus, to certain extent, adversly affected the solemnity of the tax law
and completeness of the tax system.
3. The
irrational division of tax income and management power over taxation is
disadvantageous to the thorough implementation of the system of sharing tax
revenues between the central and local authorities.
4. The
scope and extent of taxation control fails to meet and demand for allowing
production factors to completely enter the market. Tax regulations covering
the real estate and capital markets are far from being in place.
5. Implementation
of two seperate tax systems for domestically funded and foreign-funded
enterprises has led to increasingly sharp contradiction.
6. The
tax collection and management systems and obsolete methods of tax collection
and management have resulted in serious losses of tax revenue. Estimates
based on a survey conducted by concerned departments reveal that the total
amount of tax revenues lost annually in China is around 50 billion yuan.
The aforementioned problems show that further deepening reform of the tax
system is both necessary and urgent.
Basic Principles for Reform

The guiding principles for the ongoing reform of the industrial and
commercial tax system are to unify the tax law, equalize the the tax burden,
simplify the tax system, rationalize the division of power, straighten out
the distribution system, guarntee financial revenue and establish a tax
system which conforms with the requirments of the socialist market economy
Reform
should adhere to the following basic principles :
- Contributing to stimulating the enthusiasm of the central and local
governments and strengthening the macro-control capability of the former. It
is necessary to readjust the structure of the tax system, rationalize the
division of tax categories and set tax rates, thereby laying a solid
foundation for implementation of the system of sharing tax revenues between
the central and local authorities, and rationalizing the distribution
relations between the central and local governments.
- Realizing fair tax burdens, there by cearing conditions for fair
competition amongst enterprises in the market. - Helping to develop the
role of taxation in regulating personal income and economic development
between regions in order to promote the coordinated economic and social
development and boost the realization of common prosperity.
- Embodying industrial policies of the state and promoting the
readjustment of the economic structure, thereby bring about the sustained,
rapid and sound development of the national economy and enhancement of
overall economic returns.
- Simplifying and standardizing the tax system, and safeguarding the
unity and solemnity of the tax law.
Establishing a New Pattern for the
Turnover Tax System

In
China's multiple tax, the turnover tax is the main source of tax revenue. The
previous turnover tax consisted of the value added tax (VAT), and product and
business taxes, with the tax ranging between 3 percent and 60 percent. The
present reform focuses on the focusses on implementation of a standardized
VAT and appropriately establishing consumption and business taxes. The effort
centers on a new pattern of a dual-level turnover tax system based on the VAT
as wide- ranging regulation and the consumption tax as special regulation.
- VAT
is generally levied on the production, whole sale and retail sales and
importation of commodities.
VAT is a type of turnover tax levied on the added vaue factors of the various
links between production, circulation of commodities and labor services. The
tax overcomes defects in the traditional turnover tax system which were
manifest by reductant taxation on sales volume for which taxes had already
been paid and further adding one tax amount to another. As a result of the
new tax, the same product will be free from the influence of a number of
production and circulation links and will always maintain the same taxation
content, thereby avoiding the emergence of problems of fluctuating tax
burdens on taxable products resulting from changes in production links. At
the same time, the new tax maintains the characteristics of the turnover tax
in terms of its wide- ranging taxation scope and timely, balanced and stable
tax revenues, and thereby demonstrating the principle of the unity between
the tax systemm and market mechanisms. Therefore, Vat is widely regarded as a
type of neutral tax with a relatively high degree of transparency. It helps
organize financial incomes; based on the principle of economic returns it
encourages enterprises to select the best form of production, management and
organization; facilities the implementation of complete tax reimbursements
for export products in line with common international practices; and
strenghtens the competitiveness of products on the international market.
VAT was first put into practice in France in 1954, and was introduced to
china in the early 1980s.However, due to the limitation of vaious objective
reasons, levies of VAT were limited to certain industrial products, and tax
rates were excessive. As a resuolt, the VAT was subject to great limitations
in terms of properly playing its due role.
In terms of the present taxation reform, VAT becomes the major tax ite4m and
as such is the main content of reform. The goal, which is in line with
generally accepted international practices and conforms to existing
conditions in China, is to establish a relatively comprehensive VAT mechanism
in order to meet the requirments of the market economy in regard to the tax
system.
- Expanding the scope of taxation. Industrial products which previously
subject to VAT and product tax, wholesale and retail commodities, and water,
electricity, heat and gas in public utilities which previously paid business
taxes, as well as salt which was subject to the salt tax, all fall within the
scope of the new VAT.
- All industrial and commercial enterprises engaged in selling products
and dutiable labor, as well as various other units and individuals must pay
VAT. As part of reform of the turnover tax system, the consolidated
industrial and commercial tax has been annulled. As a result, foreign funded
enterprises which originally paid consolidated industrial and commercial
taxes should also be included in the aformentioned list of those subject to
VAT.
- the VAT model adopts a 17 percent basic tax rate and a low 13 percent
tax rate. Except for commodities subject to low tax rate as stipulated in tax
regulations, other dutiable products and labor service are all subject to the
basic tax rate. A zero tax rate is adopted for export commodities, i.e., all
tax payments will be refunded following declaration of exports.
- A tax withholdind system is adopted for scheduling the tax in light og
the dispatch list.
- Taxable amounts are calculated in accordace with the principle of the
purchase tax withholding law.
- With regard to small- scale taxpayers with annual sales income of less
than the stipulated amount and whose accounting methods are incomplete, a
simple amount and whose accounting methods are incomplete, a simple method
for calculating the taxable amount in accordance with the amount of sales
income and a 6 percent tax rate is adopted.
- Following the reform, VAT taxpayers who calculate the tax amount in
accordance with the standardized method shall be subject to special tax
registration and use special VAT invoices. The goal is to establish an
auditing system to cross check both the purchasing and selling taxpayers, and
strengthen the internal mechanisms of VAT self control to prevent tax evasion
and ensure the application of appropriate tax reductions and exemptions.
According to a recent general materials survey conducted by the ministry of
Finance, the average turnover tax rate burden on industrial enterprises after
reform basically equals that prior to reform. Initial estimates show that in
terms of the nation's 282 varities of industrial products, 73 products have
sustained increased tax burdens, accounting for 26 percent of the total,
while 209 products, or 74 perce4nt, have been subject to reduced tax burdens.
According to estimates for 1994, the country's VAT income will surpass 200
billion yuan.
II. Consumption
Tax Levied on Specifed Consumer Goods.
The
consumption tax is a new tax category of the turnover tax system resulting
from reform. On the basis of a general VAT levy on commodities, a consumption
tax is further levied on a small number of selected consumer goods mainly for
the purpose of adjusting the consumption pattern, providing guidance to
consumers and guaranteeing the country's financial revenue.
In
the past, in order to satisfy special needs during different historical
periods, the Chinese governmentemployed the method of levying heavy taxes on
certain consumer goods. Prior to reform of the industrial and commercial
taxation system, the state also levied a relatively high rate of tax on
certain consumer goods in the circulation channel, thereby collecting a
fairly high amount of VAT or product tax. On the one hand, the approach has
helped the state raise funds, while on the other hand it has embodied the
idea of "basing a prohibition on levy," which simply means limiting
production and consumption by collecting heavy taxes. It is currently a
common international practice for relatively high rates to be levied on
selected consumer products such as cigarettes, wine and gas, while in some
cases a relatively high tax is levied by establishing a seperate tax
category.
The
selection of the scale of tax levies for the consumption tax considers the
following main factors: Firstly, products with a relatively substantial
reduction in tax burden as a result of readjustments in the pattern of the
turnover tax system; secondly, some high quality, luxury consumer products
considered nonessential daily necessities; thirdly, certain consumer goods
which are required for keeping fit and protecting the ecological environment,
but excessive consumption of which is discouraged and deemed unadvisable;
and, fourthly, various special resourceconsumer goods. At present, 11 types
of products are subject to the consumption tax - cigarates, wine, cosmetics,
skin and hair care products, expensive jewelry, gems and jade, gas and diesel
oil, vehicle tires, motorcycles, sedan automobiles, and fire crackers and
fireworks.
By
design, revenue from consumption tax is income considered apart from the
product tax VAT of the original tax system, and apart from the product tax
and VAT of the original tax system, and represents a change in the
classification of revenue from the old to the new tax system. In terms of the
prices of commodities subject to levy of the consumption tax, such
commodities were previously subject to relatively high product taxes and VAT.
Since VAT is now levied in accordance with a unified tax rate, tax levied on
such commodities is less than before. In order to makeup for the reduced tax,
the consumption tax was established and is levied separately. However, the
change has not increased the overall tax burden on the commodities.
Fourteen
different rates of consumption tax have been set for different consumer
goods, and the consumption tax is eventually borne by the consumer. However,
in order to decrease the number of tax payers reduce the level of charged
expenses and guard against lost revenues, the consumption tax payment link is
set in the production link.
III
Business taxes are levied on labor transactions, which are not subject to
VAT, and on tertiary industry. 
Business
taxes are a tax category within the scope of turnover tax and taxes are
levied on the basis of the volume of business (sales volume) handled by
taxpayers who engages in busine4ss activities. The scope of reform in
relation to the collection of business taxes can be summarized as two types
of business activities - providing labor services and selling immovable
assets. Specifically, business taxes apply to nine dutiable projects:
1. Communications and transportation, including land,
water, air and pipeline transportation, as well as loading and
off-loading and eventual transportation.
2. Construction industry, including construction,
installation, repair, decoration and other engineering activities.
3. Posts and telecommunications, including telegraph,
telephone and the distribution of newspapers and magazines.
4. Culture and sports, including cultural activities,
artistic performances and sports competitions.
5. Finance insurance and pawnshops.
6. Service trade, including factorage, hotels, catering,
tourism, storage, leasing, advertising and other related services.
7. Transfer of intangible assets, including transfers of
land- use rights, patents, non- patented technology, trademark
rights and goodwill.
8. Sales of immovable property, including sales of
structures and other land attachments.
9. Recreation, including dance halls, music saloo,
billiards, golf, howling and amusement.
Unified Individual Income Tax
The
general legislative principle for individual income tax adopted in various
countries around the world is to regulate gaps in personal income and ease
contradictions resulting from major disparities in social distribution. The
purpose of the revised Individual Income Tax Law of the People's Republic of
China which adopted by the National People's Congress in October 1993 is to
ensure that the income taxes are levied on high- income earners, and a lesser
or no income tax is levied on medium and low income earners. The revision
embodies the principle of preventing excessive increase in tax burdens on
taxpayers and ensuring a reduction in the overall tax burden.
As
part of an effort to standardize the tax system, the original individual
income tax, individual income regularity tax and income tax on urban and
rural individual industrial and commercial households were merged and
integrated into the new individual income tax which is generally applicable
to Chinese citizens and foreign personal earning income within China.
The
original tax law consisted of six dutiable items subject to individual income
tax, while the revised individual income tax law contains five additional
items, including income earned by individual industrial and commercial
house-holds from production and operations, income earned by individuals from
contracted operations of enterprises or institutions or from leasing, income
from loyalties, income from property transfers and occasional income.
China's
method of levying individual income taxes is different from those used in
Western countries where taxes are calculated on an annual lump-sum basis.
China has adopted the method of itemized deductions and fixed rate items, and
levies taxes on a monthly, annual or specified time basis. The method of levy
was selected in light of actual conditions in China, with the main advantages
being that is conductive to the realization of source withholding, and
blocking loopholes in tax collection and management. The 5- 45 percent nine-
grade progressive tax rate in excess of specific amounts is applicable to the
wages or salaries of the taxpayers; the 5-35 percent five- grade progressive
tax rate in excess of the specific amounts is applicable to income earned by
individual industrial and commercial household options, or from contracted
management of enterprises or institutions and from leasing business. All in
all the income tax rate for enterprises is applicable to other dutiable tax
items, while a 30 percent reduction in the taxable amount may be levied on
income from royalties in order to give due consideration to intellectual
labor. An additional amount of tax may be levied on exceptionally high income
earned as remuneration for non-recurring short term labor services in order
to strengthen the regularity dynamics to restrict excessively high-income
levels.
With
regard to preferential tax reductions and exemptions, the revised individual
income tax law stipulated 10 specific exemptions from individual income tax,
adjusts three tax free items and adds one tax exemption stipulation, thereby
demonstrating the subject to special taxes and those with special incomes.
In
line with generally accepted international practices related to exemptions
from individual income taxes on basic living costs, the amount of deductions
from monthly living expenses remains at the standard 800 yuan as stipulated
in the original individual income tax law. The new tax law adds one
stipulation in terms of additional reductions for expenses in order to give
due consideration to foreign personnel working in China.
Readjusted, Abolished, Merged and
Initiated Tax Item
Initiation
of new tax categories:
Initiation
of VAT on land to appropriately regulate excessive profits involving land
transactions;
Initiation
of stock exchange tax to regulate taxation on the stock market;
Initiation
of inheritance tax to appropriately regulate inheritances of property;
Initiation
of a social insurance tax to provide fund guarantees for the comprehensive
reform of the state social security system.
The
effects of the Interim Regulations on land VAT are becoming more pronounced.
The VAT is levied on the value of transferred real estate, i.e. the balance
of earnings gained from the transfer of state land- use rights, surface
structures and other attachments which are referred to as transferred real
estate after deducting related costs, expenses and tax paid. The regulation s
stipulate that all units and individuals are subject to VAT, irrespective of
their economic nature, whether domestic or foreign- funded enterprises,
whether Chinese or foreign personal, and whether operating real estate and
earn exclusively or concurrently, so long as they operate real estate and
earn income from within the territory of the People's Republic of China.
-
Reformation of the following tax categories ;
Expanding
the scope of tax collection for resources to include all mineral resources.
Taxable items include crude oil, natural gas, coal, nonmetal raw ores,
ferrous metal raw ores, nonferrous metal raw ores and salt. At the same time,
China employs the method of calculating taxes from the quantity quota in
accordance with the category of products and set the tax value with a range
of the upper and lower limits. The tax value will vary with the different
resource conditions for the same product.
Reforming
the urban land- use tax to ensure it is applicable to both the urban and
rural areas, and appropriately increasing the tax value.
Revising
the urban maintenance and construction tax in order to make it an independent
tax category, and using it as a means of raising funds for local
construction.
-
Readjusted and simplified tax categories :
Canceling
the fair trade tax, domestic animal trades tax, special consumption tax,
special tax on enterprises that use petroleum as a principal fuel, the salt
tax, bonus tax and wage regularity tax. The special consumption tax and
special tax on enterprises that use petroleum as a principal fuel will be
incorporated into the consumption tax, with the salt tax becoming a part of
the resource tax.
Canceling
the urban real estate tax and tax on vehicles and boats and operating license
tax on vehicles and boats and introducing a unified housing property tax and
tax on vehicles and or boats.
Reforming
and relegating and banquet tax and tax on slaughter houses to lower levels,
and allowing various localities to decide whether or not to levy such taxes
in light of actual local conditions.
Since
implementation of these forms, the number of tax categories belonging to
china's original consolidated industrial and commercial tax, excluding
customs duty and the agricultural tax, has decreased from 32 to some 18, thus
has initially forming a highly efficient and simplified tax system.
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