However, tax system reforms
conducted in line with the principle of the combination of the
planned economy and market regulation have all along been
characterized by a tendency towards the excessive use of the
tax system to interfere with market mechanisms. The multiple
tax system, which has been characterized by multiple tax
categories with multiple levels and multiple taxation,
obviously no longer suits the needs of the further development
of a market economy. It has thus been quite difficult to allow
the system to play its proper regulatory role in handling and
distributive relationship between the central and local
governments. The major defects have manifested themselves as
follows:
1. The
irrational structure of the tax system and the unfair tax
burden. For example, enterprise income taxes have been
determined in accordance with the differing nature of
ownership, i.e. 55 percent for large and medium sized
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.