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Laws of the People's Republic of China |
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| Category | TAXATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1991-04-16 | Effective Date | 1991-01-01 |
|
Interim Provisions of the People's Republic of China on Fixed Assets Investment Direction Regulating Tax |
|---|
Article 1 With a view to carrying out state industrial policies,
controlling investment scope, guiding investment direction, regulating
investment structure, strengthening key constructions, and promoting
sustained, stable and coordinated development of national economy, the present
Provisions are formulated.
Article 2 All units and individuals who are engaged in investment in
fixed assets within the territory of the People's Republic of China are
obligated taxpayers (hereinafter referred to as taxpayers) of fixed assets
investment direction regulating tax (hereinafter abbreviated to FAID
regulating tax) and shall pay FAID regulating tax in accordance with
stipulations of the present Provisions.
Article 3 Different tax rates shall be applied to FAID regulating tax
according to state industrial policy and economic scale of project. Fixed
assets investment projects shall have applicable tax rates determined in the
light of scale of project unit. Taxable items and tax rates shall be applied
according to the FAID Regulating Tax Schedule of Taxable Items and Tax Rates
attached to the present Provisions.
Fixed assets investment (except investment in replacements and technical
innovations) that are not listed in the Schedule of Taxable Items and Tax
Rates shall be subject to a tax rate of 15%.
Investment in replacements and technical innovations other than those
listed within the category of 0% according to the Schedule of Taxable Items
and Tax Rates shall be subject to a tax rate of 10%.
FAID Regulating Tax Schedule of Taxable Items and Tax Rates may be revised
by the State Council when it so decides.
Article 4 Calculation of payable FAID regulating tax shall be based on
actually realized amount of investment in a fixed assets investment project
and in case of replacements and technical innovation projects the
calculation shall be based on actually realized amount of investment in
construction project.
Article 5 FAID regulating tax upon a fixed assets investment project
shall be paid in a year's advance based on annual investment budget for
each project unit. At the end of the year, tax accounts shall be squared on
the basis of actually realized investment amount with excessive payment of
tax refunded or tax due repaid. Upon completion of the whole project, the
tax accounts shall be cleared on the basis of actually realized total
investment amount with excessive payment of tax refunded or tax due repaid.
Any taxpayer who really has difficulty in fully paying in advance tax upon
the whole year's budgeted investment may, subject to examination and
approval of the tax authority, pay by installments the total amount by the end
of September of the very year.
Article 6 When a taxpayer applies for approval of a fixed assets
investment project the taxpayer shall make sure that payment for FAID
regulating tax has been effectively arranged for. FAID regulating tax shall
be included in total investment budget and covered by economic and financial
assessment of the project. But tax payment may not be taken into account
when payment for design, construction or other fees are charged.
Article 7 FAID regulating tax may not be reduced or exempted except
otherwise prescribed by the State Council.
Article 8 FAID regulating tax shall be collected and administered by the
tax authority. Taxpayers shall go through procedures of tax
registration, tax authentication and tax declaration with the tax bureau of
the locality where the project is sited.
Article 9 Collection of FAID regulating tax shall be brought under a
source control mechanism that combines planned unified management with
an investment license system as is detailed in the following:
(1) Planning commissions or planning and economic commissions of
different provinces, autonomous regions, municipalities under the direct
leadership of the Central Government and of separate-planning municipalities
shall get together written project programmes on fixed assets investments
in respective locality and transmit to lower levels taxable items, tax rates
and tax amount to be applied to different fixed assets investment projects
subject to examination and decision of the tax authority at the same level.
(2) Taxpayers shall go to the tax bureau of the locality where the
project is sited to go through procedures of tax registration and declaration
etc. before they begin injecting annual investment. Banks and other financial
institutions shall transfer the amount of tax upon presentation of the special
tax payment notice paper issued by the tax authority.
(3) Planning commissions or planning and economic commissions shall issue
the investment permit upon presentation of the receipt of tax payment. Banks
and other financial institutions shall proceed with allotment of funds or
loans to fixed assets investment projects upon presentation of the investment
permit.
Article 10 Payment for FAID regulating tax shall be withheld and
transferred by the Chinese People's Construction Bank, the China Industrial
and Commercial Bank, the China Agricultural Bank, the Bank of China, the
Transportation Bank and other financial institutions or relevant units.
Article 11 For fixed assets investment projects beyond planning, the
taxpayers may, in addition to payment of tax at applicable tax rates, be
imposed on by the tax authority a fine as much as less than five times amount
of tax that should be paid. But fixed assets investments beyond planning that
are listed within the category of 0% tax rate shall be handled by relevant
planning departments according to correspondent stipulations.
Investments in capital construction conducted under the pretext of
replacements and renovations projects shall be imposed upon double amount of
tax payable according to taxable items and tax rates applied to capital
construction investments. But capital construction investments that are listed
within the category of 0% tax rate shall be handled by relevant planning
departments according to corresponding stipulations.
Article 12 In case a taxpayer fails to pay tax according to the present
Provisions, planning commissions or planning and economic commissions shall
cancel establishment of the project if it is at preparatory stage, or shall
withhold arrangement for construction of the project if it has just been
ready for construction, or shall cancel the annual investment budget if it
is at the stage of continued construction and, additionally, shall revoke
the investment permit. Banks and other financial institutions shall
withhold from loaning or allotting funds to such project.
In case planning departments or banks violate the present Provisions to
the consequence of tax evasion, relevant authorities at higher level shall
investigate into responsibilities of concerned offenders.
Article 13 Other matters over management of collection of FAID
regulating tax shall be handled according to stipulations of the Interim
Provisions of the People's Republic of China on Management of Tax Collection.
Article 14 The present Provisions are not applicable to investments in
fixed assets by Sino-foreign equity joint ventures, Sino-foreign
cooperative enterprises or solely foreign funded enterprises.
The present Provisions are not applicable to investments in development
items banned by the state. Such investments cases shall be separately
handled by planning departments according to corresponding state laws,
regulations, guidelines and policies. Schedule of State Banned Development
Items may be revised by the State Council when it so decides.
Article 15 Preferential treatment with FAID regulating tax to be applied
to regions of minor nationalities shall be provided for separately.
Procedures on collection, reduction and exemption of FAID regulating tax
upon fixed assets investments with less than 50,000 yuan that, according to
state regulations, fall beyond planned management, shall be decided by
people's governments of provinces, autonomous regions and municipalities
under the direct leadership of the Central Government.
Article 16 Fixed assets investment permits shall be issued and managed
in a unified manner by planning departments. Rules on permit management
shall be formulated by the State Planning Commission.
Article 17 Interpretation of the present Provision shall be in the
responsibility of the State Tax Bureau. Detailed rules for implementation
may be formulated by the State Tax Bureau.
Article 18 The present Provisions shall come into effect as of the
(Investment projects)
reservoir, flood-control dam,
flood-diversion project, river realignment,
danger reservoir reinforcement,
flood-control communication equipment; Projects
for irrigation and drainage including 0%
water storage, water diversion, water
up-pumping, water discharge, water allotment,
water saving, water drainage and
flood-discharge; Farmland
and water conservancy, water and soil 0%
conservancy;
Improvement
of medium- and high-yield 0%
cultivated land; Development
of beaches and wasteland; 0% Breeding
of fine seeds and varieties; 0% Stations
of technical services in animal 0%
husbandry, livestock medical science,
acquatic products, agricultural machines and
water conservancy; Poultry and
livestock farm; 0% Construction
of fishing port and fishery base 0%
(except for those that occupy arable land); Deep-sea
fishery and purchase of fishing boat; 0% Acquaculture
(except for where arable land is 0%
occupied); Spreading
of agricultural, forestry and water 0%
conservancy technologies; Commodity
base of grain, cotton and edible oil; 0% Monitor,
authentication and technical 0%
supervision of agricultural machinery; Supplementary
and compound forages; 0% Base of fine
agricultural and side-line 0%
products; Forage monitoring
and testing station; 0% Fertilizer,
chemicals and animal medicines 0%
monitoring and testing station; Shelter-forest
project; 0% Construction
of nature preserves; 0% Forestry
protection;
0% Construction
of quick-grown high-yield forest; 0% Construction
of bases for protection and 0%
raising of wild animals; Well-known,
excellent and special economic 0%
forests; Plantation
of Chinese medical herbs; 0% Cultivation
of forests of middle age and 0%
young growth; Cultivation
of forestry seedlings; 0% Afforestation
and forestry resource reclamation 0%
projects; Animal and
plant quarantine;
0% Construction
of grazing land; 0% Construction
of meteorological and hydrological 0%
installments; Water diversion
and water supply projects; 0% Protection
of water resources and resettlements 0%
of residents in the zone of reservoir.
Coal Coal mining (except for small
coalpits without 0%
construction license); Exploitation
of coal gas; 0% Exploitation
and utilization of low calorie 0%
fuels; Mechanized
exploitation and dressing of coking 0%
coal with a capacity of 200,000 tons and
above; Mechanized
exploitation of coking coal with 30%
a capacity of lower than 200,000 tons. Electricity Thermal power generating unit, nuclear power, 0%
projects of big, medium and small hydropower
station, thermoelectric joint-generating and
energy-saving set, power transmission and
transformation projects with a capacity of
100,000 kilowatts and above; Thermal power
or steam-condensing generating 5%
set with a capacity ranging from 25,000
kilowatts to 100,000 kilowatts within a
power supply network zone; Fuel-electric
set (including diesel-electric 30%
set and gas-electric set). Nuclear Energy Nuclear energy, new energy sources
0%
(terrestrial heat, wind power, tidal power
and solar energy) Petroleum Projects of exploration and exploitation of 0%
petroleum, natural gas; Exploitation
of oil shale;
0% Maintenance
of petroleum and natural gas fields; 0% Projects
for storage, transport and processing 0%
of petroleum and natural gas. Railway Projects for construction or expansion of 0%
railway lines, railway hubs or
passenger-cargo railway stations or stops; Purchase
of new locomotives, cars and 0%
railway-transportation specific equipment
and maintenance of locomotives and cars; Manufacture
of locomotives and cars. 5% Communications Construction and expansion of coastal or inland 0%
river ports, navigation lanes, ship locks,
high-ways and passenger-cargo stations and
yards; Communicative
facilities specific to 0%
communications; Communicative
navigation and navigation marks; 0% Facilities
for reparation of boats; 0% Salvage;
0% Safety monitor; 0% High way
and navigational administration 0%
projects; Boats testing;
0% Purchase
and fixation of automobiles, boats, 0%
machinery for construction or maintenance of
roads, harbour machinery and diving equipment. Posts and Posts and telecommunications construction 0% Purchase
of vehicles and boats specifically 0%
used for posts or telecommunications. Civil Aviation Purchase of equipment for airports, 0%
communicative navigation facilities and
planes and purchase of equipment for
maintenance of planes, fuel supply, public
security and fire fighting facilities,
testing equipment and vehicles for special
uses; Ticket office
for civil aviation, cargo 0%
transport station and computer system; Navigation
control facilities (including 0%
aerial communication control facilities
concerning communication, navigation guidance
and meteorological affairs). Iron and Steel Mining and dressing of iron, chromium 0%
manganese ores; Sintering
and coking of blast furnace of 600 0%
cubic meters and above and of necessary
accessories; Sintering
and coking of blast furnace ranging 5%
from 300 to 600 cubic meters (including 300
cubic meters) and of necessary accessories; Sintering
and coking of blast furnace of 100 30%
cubic meters and below and of necessary
accessories; Converter
and electric furnace of 30 tons and 0%
above and necessarily accessory casting
machine; Converter
and electric furnace ranging from 15 5%
to 30 tons (including 15 tons); Converter
of less than 10 tons; 30% Electric
furnace of less than 5 tons; 30% New refractory
materials; 0% Common refractory
materials;
5% Welding tubes
of 100 millimeter and below, 30%
seamless tube rolling mills of less than
76 millimeter, common steal cogging mills,
and blank rolling mills; Large and
medium sized rolling steal; 0% Large sized
iron alloy (except silicon iron 0%
and manganese steal of blast furnace; Sintering
machine of 90 square meters and above; 0% Silicon iron
ranging from 1,800 to 6,000 30%
kilovolt-ampere (except those utilizing
seasonal hydraulic power); Various kinds
of carbon products; 0% Smelting
of lead or zinc of 20,000 tons and 30%
below, smelting and electrolysis of copper,
smelting of wolfram, tin and antimony. Nonferrous Mining and dressing of nonferrous metal (heavy
0%
nonferrous metal, light nonferrous metal,
precious metal, rare metal, rare-earth metal)
ores; Separated
smelting and sophisticated processing 5%
of rare-earth metal within state planning; Superconductive
materials;
30% Electrolysis
of aluminium with a capacity of 0%
50,000 tons and above; Large and
medium sized smelting of nonferrous 0%
metal; Large and
medium sized project for production 0%
of nonferrous metal plate, strip and foil. Chemical Mining and dressing of large and medium sized 0%
alumstone; Pure soda
project of over 600,000 tons; 0% Carbon project
of 50,000 tons and above, and 0%
necessary accessories; Rubber products
specified by the state for 0%
specific use of birth control; Reclamation
and reprocessing of waste and 0%
used rubber; Highly effective,
low toxicant and low remain 0%
farm chemical, half-finished chemical and
chemical intermediate; Large and
medium scale project of synthetic 0%
ammonia, nitrogenous fertilizer, phosphate
fertilizer, potash fertilizer, compound
fertilizer, small sized project of potash
fertilizer; Large and
medium scale project of basic 0%
chemical industrial raw materials (including
inorganic and organic raw materials); Feed additives
in fine chemical industry; 0% Raw petroleum
processing project of 5,000,000 0%
tons and above; Ethylene
project with a capacity of 300,000 0%
tons and above; Polythene
synthetic resin project of 60,000 0%
tons and above; Large and
medium scale other synthetic resin 0%
and engineering plastics project; Special rubber
and large and medium scale 0%
synthetic rubber project; Caustic soda
project of 10,000 to 50,000 tons 5%
(excluding 10,000 tons); Pure soda
project ranging from 180,000 tons 5%
to 600,000 tons; Titanium
white powder of 15,000 tons and above; 5% Energy-saving
calcium carbide project of over 5%
45,000 tons; Catalyst; 5% chemical
promoter;
5% Large and
medium scale project of fine chemical 5%
product: meridian tire (batch production of
high-capacity tire of 100,000 sets and above,
batch production of light-truck tire or
passenger vehicle tire of 300,000 sets and
above); Small scale
project for production of 5%
synthetic ammonia fertilizer, nitrogenous
fertilizer and phosphate fertilizer; Carbon black
project based on new technology 5%
with a capacity of 10,000 tons and above; Processing
of crude oil with a capacity 5%
ranging from 2,500,000 to 5,000,000 tons; Ethylene
processing project with crude 5%
hydrocarbon as raw material and a processing
capacity of 100,000 tons and above; Common rubber
products for daily use; 30% Calcium carbide
production with a capacity 30%
ranging from 10,000 to 45,000 tons (excluding
calcium carbide produced with seasonal water
and electricity); Rubber processing
(including tire, 30%
high-capacity tire, common pipes, boards,
bands, rubber wearshoes, rubber products for
daily use); Some kinds
of lacquer (including oil paint, 30%
natural lacquer type organic coating,
bakelite lacquer, asphalt lacquer, diluent); Some kinds
of dyestuff (including sulphur 30%
dyes, reductant blue); Sensitive
materials and magnetic recording 30%
materials (including assembly line of
low-class cassette recording and video tapes
and soft magnetic discs); Oxalic acid
processing with a capacity of 30%
1,000 tons and below; Crude oil
processing project with a capacity 30%
ranging from 1,000,000 to 2,500,000 tons
(including 1,000,000 tons) (except for where
such project is approved by the state to be
sited in border, remote or economically
underdeveloped provinces and regions); Polythene
synthetic resin project with a 30%
capacity of less than 30,000 tons. Building Exploitation and procession of nonmetal 0% Facilities
for loading, unloading, storage 0%
and transportation of bulk cement; Cement project
with a productive capacity of 0%
600,000 tons and above; Nonmetal
products;
5% Inorganic
nonmetal new materials; 5%
Cement project
with a productive capacity 5%
ranging from 300,000 (including 300,000) to
600,000 tons; Special cement; 5% Cement pressure
pipes;
5% Cement sleepers;
5% Cement wire
poles;
5% Cement trestles
for ore mining; 5% Fufa glass
project with a productive capacity 5%
of 2,500,000 and above weight boxes; Sanitary
ceramics project with a productive 5%
capacity of 360,000 pieces and above; Glazed tiles
project with a capacity of 5%
700,000 square meters and above; Products
made of granite, marble; 30% Plastic door
and window frames, plastic 30%
wallpaper, floor board; Small cement
project with a productive 30%
capacity ranging from 20,000 to 80,000 tons
(excluding 20,000 tons); Assembly
line for production of rock wool; 30% Rice-straw
board; 30% Glass fibre
project with a productive capacity 30%
of 1,800 tons and below; Solid clay
bricks that damage farm land; 30% Hollow clay
bricks; 0% New walling
materials, new roofing materials; 0% Building
materials made of waste industrial 0%
residues; New fire-proof
raw materials. 0% Medicine New anticancer medicine;
0% Biochemical
medicine; 0% Vaccine for
animals;
0% Chemical
raw medicals and intermediates; 0% Projects
for processing of prepared Chinese 5%
medicine; Biological
products;
5% Pharmaceutical
machinery; 5% Anti-senility
tonics; 30% Pharmaceutical
preparations (except those that 30%
have been up to GMP criteria); Large X-ray
machine and CT instrument; 0% Chinese medical
materials, Chinese medical 0%
capsules; Contraceptive
medicines and devices under 0%
state planning. Timber Industry Forest industry;
0% Construction
of timber processing base; 0% Project for
processing of man-made broad 5%
including compressed board project with a
capacity of over 15,000 cubic metres,
fiberboard project with a processing
capacity of over 5000 tons, veneer board
project with a capacity of over 10,000
cubic metres, chemical industry of forestry
products; Veneer board
project with a capacity of 10,000 30%
cubic metres and below; Compressed
board project with a capacity of 30%
15,000 cubic metres and below; Fiberboard
project with a capacity of 5,000 30%
cubic metres and below. Geology Geological prospecting and survey.
0% Machinery Thermal power generating facility and major 0%
accessories with each turbine generating
200,000 kilowatts and above; Hydropower
generating facility, nuclear power 0%
generating facility; Electric
transmission and transformation 0%
equipment set with a capacity of 110
kilo-volts and above; Specialized
mould production for trades; 0% Special purpose
heavy mine facilities; 0% Reparation
and manufacture of civil aircraft; 0% Facilities
for manufacture of ships of 35,000 0%
tonnage and above; Facilities
for special use of lifting and 5%
transportation; State appointed
special facilities for casting, 5%
forging, electroplating and heat-treatment; Petrochemical
equipment;
5% Precision
instruments and meters; 5% Special-shaped
precision hydraulic pneumatic 5%
sealing devices; Special-shaped
precision bearings for special 5%
use; Precision
and numerical controlled machine 5%
tools and necessary accessory cutting tools,
measuring tools, measuring instruments and
equipment; Medical apparatus
and instruments; 5% Postal and
telecommunication equipment; 5% Manufacturing
facilities for civil boats and 5%
ships raging from 5,000 to 35,000 tonnage; Large-sized
combines; 5% High-tensile,
special-shaped powder metallurgy 5%
products; Mechanical
products beyond scope of trade and 30%
planning; Road rollers
and industrial boilers; 30% Special purpose
equipment such as pouring jars; 30% Small transformers,
common electric wires and 30%
cables, general alternating current electric
machinery and divisional horsepower electric
machinery, electric appliances like
high-voltage and low-voltage switch cupboards; General machines
tools, general bearings, 30%
general basic components and products,
general-purpose instruments and meters; Berth of
less than 5,000 tonnage. 30% Electronics State designated massive integrated circuit 0%
and special-purpose circuit; State designated
large and medium sized 0%
computers and expensive equipment; Massive communication
and navigation 0%
installments; Development
and production of softwares of 0%
electronic computers; Massive precision
measuring and monitoring 5%
systems; Technological
instruments for special use in 5%
electronics and special-purpose materials; Micro-electronic
technical instruments; 5% Small and
miniature computers and exterior 5%
equipment, newly developed special-purpose
electronic elements and components; State designated
colour kinescope, glass case 5%
and accessory elements and components; Integrated
circuit and special-purpose circuit 30%
projects not designated by the state; Computer
and exterior equipment project not 30%
designated by the state; Household
electronic appliances. 30% Key truck
components within planning of trade; 0% Light trucks
designated by the state; 5% Cars designated
by the state; 5% Refitted
automobiles, jeeps and motor-cycles 30%
within planning of trade; Automobile
components and spare parts beyond 30%
planning of trade; Military
industrial products that directly 0%
serve the purpose of national defence and
accessory products for the special purpose
of national defence; Light Industry Salt extraction (including sea salt, lake 0%
salt, well salt, mineral salt); Sugar refinement
project (with daily refining 0%
capacity of 1,000 tons and above); Paper pulp
project (with an annul production 0%
capacity in commodity paper pulp maceration
of 50,000 tons and above); Synthetic
lipase project with a capacity of 0%
50,000 tons and above; Alkylamine
benzene project with a capacity of 0%
70,000 tons and above; Tripoly-sodium
phosphate project with a 0%
capacity of 30,000 tons and above; Non-ionic
surface active agents project with a 0%
capacity of 15,000 tons and above; Sugar refinement
project (with daily sugar 5%
crop processing capacity ranging from 500 to
1,000 tons); Paper pulp
and paper project with a maceration 5%
capacity ranging from 10,000 to 50,000 tons; Grain processing
and oil extraction including 5%
rice mill and vegetable oil extraction; Raw materials
for synthetic detergents; 5% Large and
medium scale project for daily use 5%
ceramics; Plastics
products, polyester containers, iron 30%
sheet toys, thermos; Leather and
leather products; 30% Wooden pencils,
washing powder project with a 30%
capacity of less than 30,000 tons, soap
project with a productive capacity of less
than 15,000 tons, fragrant soap project
with a productive capacity of less than
3,000 tons, liquid detergent project with a
productive capacity of less than 5,000 tons,
tri-poly-sodium phosphate project with a
capacity of less than 10,000 tons, steelyard,
mechanical counter-scale, platform scale,
underground weighing apparatus, measuring
levers; Sugar refinement
project with daily refining 30%
capacity of less than 500 tons; Beverage
project with a productive capacity 30%
of 300 tons and below; Canned food
project with a productive capacity 30%
of 1,000 tons and below; Gourmet powder
project with a productive 30%
capacity of 1,000 tons and below; Photographic
paper (except domestically made 30%
sensitive paper); White spirit
and beer.
30% Textile Polyester slices project with a processing
0%
capacity of 60,000 tons and above; Large and
medium scale project of synthetic 5%
fiber and raw materials; Large and
medium scale project of viscose 5%
fiber, serosa, pure chemical fabric and
silk fabric; Export intended
(70& export rate realized) 5%
textile silk, printing and dyeing of
textiles and clothing; Ramie and
flax processing, processing of 5%
hair of rabbits and other special animals; Para-benzene
formic acid project with a 0%
capacity of 225,000 tons and above; Cast ammonium
and nylon 66 salt project with a 0%
processing capacity of 50,000 tons and above; Acrylonitrile
and acrylic fiber project with a 0%
processing capacity of 50,000 tons and above; Wool textile,
cotton textile, weaving silk and 30%
natural silk; common man-made
leather, polypropylene fiber, 30%
long polyester fiber silk and chemical fiber
carpet; Adhesive-bonded
fabric; 30% Acetic acid
elements and silks. 5% Tobacco Tobacco leaf flue-curing project with a 30%
processing capacity of less than 7,500 tons. State scientific
and technological key 0%
projects and hi-tech key projects; Intermediate
experiments, industrial 0%
experiment and open laboratories. Teaching
and learning facilities; 0% Rehearsing
and dance practising rooms of 0%
professional troupes; Cultural
centres, mass art galleries, 0%
libraries, archives, cultural relics
preservation facilities, publications
distribution facilities that are of
comparable scale with local civil
residential buildings; Museums,
state-designated printing houses for 5%
books, newspapers and journals,
state-designated publishing houses,
newspaper agencies and magazine offices
which are of comparable scale with local
civil residential buildings;
Feature film
studios; 30% Disc cutting
plants;
30% Television
stations at city or county level 30%
who make programmes by themselves; Printing
houses for books, newspapers and 30%
magazines and other printing houses,
publishing houses, newspaper agencies and
magazine offices that are not designated by
state; Health and
anti-epidemic and quarantine 0%
facilities; Health care
of women and children; 0% Broadcasting
stations and transmission and 0%
relay systems of municipalities under direct
leadership of provincial government or of
higher level; Television
stations and transmission and relay 0%
systems at provincial level and above; Newsreel,
children, scientific, educational and 0%
art film studios; Facilities
for the purpose of birth control; 0% Small scale
stadiums or gymnasiums and 0%
athletes training rooms. Port facilities
for commodity inspection, 0%
customs and border defence; Processing
of waste and used goods and 0%
materials; Processing
of grain, cotton and oil extraction 5%
(flour mill, rice mill, oil press, pickled
vegetables, soy sauce, vinegar); Processing
of food grain (fine dried noodles, 5%
half-cooked noodles); Comprehensive
soybean and corn processing plants;5% Basic catering
and service networks 5%
(bathrooms, reparation networks, catering 5%
restaurants, shops etc.); Food processing
(sweets, biscuits, chocolates). 30% Urban facilities
for water supply, water 0%
drainage and saving on water; Urban gas
facilities; 0% Concentrated
heat-supply facilities; 0% Waste water
treatment plants; 0% Urban roads
and bridges (including crossroad 0%
bridges); Subway; 0% Public communication; 0% Garbage disposal
plants, garbage discharge 0%
stations; Urban gardening
and green land pieces; 0% Luxurious
buildings and constructions subject 30%
to approval by competent authorities. Earthquake Construction of seismograph stations and
0%
office building of earthquake research
institutions. Oceanology Oceanographic survey and monitor facilities 0%
and office buildings, office buildings and
facilities of other research institutions. Survey and Facilities for survey and map drawing.
0% Technical Technical supervisory stations. 0% Civil Affairs Preferential-aid and social welfare 0%
facilities, social welfare plants (excluding
industries and products restrained by the
state). Tourism Preservation of scenic spots, road
0%
construction, water, power and communication
facilities within sightseeing zones. Public Security Lockup house, collecting posts, detention 0%
house, public security technical operation
house, fire-control facilities. Justice of Law Prison and guarding facilities. 0% National Security affairs and technical operation
0% Procuratorial Facilities for procuratorial work including 0%
technical operation, pre-trial room,
detention room. Court Tribunals.
0% Military Military constructions, military suppliers, 0%
maintenance of weaponry equipment. Air Defence Air defence constructions.
0% (1) Projects
for pollution control, 0%
environmental protection and saving on
energy; (2) Projects
for recovery construction after 0%
natural calamity; (3) Investments
of donations from foreign 0%
governments or other foreign donors; (4) Private
residence in cities and 0%
countryside, residence of living base for
geological workers doing field work,
residences of teachers and teaching staff
and students' dormitories in different
schools, residence in research institutions
and colleges, energy-saving residences in
northern regions of China(*);
Common civil residential buildings 5%
(including commercial residential buildings);
Villa-style residence each with separate 30%
entrance and courtyard; (5) Exclusive
purchase of equipment; 0% (6) Comprehensive
utilization of resources 0%
(exploitation of the "three wastes" and
associated minerals, electricity generation
and utilization of different gas turbines
that can set off associated gas); (7) Storing
facilities (storehouse of grain, 0%
cotton, oil and petroleum, commercial
depositories, refrigerator house, state or
local goods and materials depositories,
commercial and supply-and-marketing storing
facilities, fruits storehouses. "Energy-saving residences in northern regions of China" refer to 1. Trades listed in the present Schedule are based on the division of the 2. Taxable items and tax rates shall be calculated on the basis of a unit 3. All replacements and technical innovation projects that fall out of the 4. All fixed assets investment projects other than those listed in the 5. Projects banned by the state may not be subject to the control of 6. Productive capability refers to annual productive capability except Trades Projects
Banned by the State Coal Coal mining without license. Electricity Steam condensed coal-burning electric set with each
turbine having a generating capacity of less than
25,000 kilowatts (except for investment in places
though having coal deposit but not being able to have
the coal transferred outside and having no access to
electricity); All kinds
of small diesel-electric sets. Steel and Iron Mining of ferrous metal minerals without license; Poorly equipped
bi-roller mill; Coking and
sintering by indigenous methods; Ferroalloy
processing with electricity of 1,800
kilovolt-amperes and below (except where seasonal
water and power is used); Sintering
machine on a scale of 18 square metres and
below; All kinds
of light steel rolling mills that do not have
regular supply of billet. Nonferrous Small-scale gold ore dressing by indigenous methods and
small-scale gold extraction by cyanidation; Copper and
aluminum processing beyond state planning; Electrolytic
aluminum project (to be constructed or
expanded anew) with a processing capacity under 50,000
tons; Mining of
nonferrous, gold or rare-earth ores without
license; Project of
magnesium smelting or industrial pure silicon
processing with a capacity of 3,000 tons or below; Alloy aluminum
door and window frames or other fixtures
for construction use, copper or aluminum furniture and
ornaments; Rare-earth
separation beyond state planning. Chemical Synthetic resin equipment for polyvinyl chloride,
General ion
exchange resin; Acetylene
acetic acid; Non-saturation
polyester resin; PS plates; Project for
electrolytic hydrogen peroxide solution and
anthracene quinone hydrogen peroxide solution with a
capacity of 3,500 tons and below; Dyeing stuff
investment with a capacity of 500 tons and
below; Lacquer project
of 5,000 tons and below (including oil
lacquer, lacquer type organic coating, bakelite
lacquer, asphalt lacquer); Calcium carbide
of 10,000 tons and below (except for
seasonal production of calcium carbide); Production
of titanium white powder through sulphuric
acid method with a capacity of 3,500 tons and below; Non-water
hydrogen-fluoride project of 2,500 tons and
below; Plexiglass
production through cyanidation; Red vanadium
sodium project of 7,000 tons and below; Citric acid
of 1,000 tons and below; Production
of used-only-once injection tools beyond
trade's planning; Carbon black
of 10,000 tons and below; Small soda
ash project of 40,000 tons and below; Caustic soda
project of 10,000 tons and below; Production
of tires, bands, contraceptives and other
rubber products that are beyond state designation; Mining of
chemical deposits without license; Facilities
for crude oil initial processing and
re-processing and general-use production-assisting
constructions with a capacity of less than 1,000,000
tons; Ethylene
project with a capacity of less than 100,000
tons. Building Construction of cement kiln by indigenous methods,
capacity of 20,000 tons and below (except for special
cement); Mining of
nonmetal deposit without license; Four-machine
kiln and lower class kiln for production of
plate glass; Fufa glass
project with a productive capacity of
1,000,000 weight boxes and below. Machinery Techniques and facilities for production of easy-opening
tins; 459 product
items in 11 groups declared by the Machinery
and Electronics Ministry to be restrained and
eliminated; Products
whose development shall be restrained according
to the List of the Machinery Industrial Products of
Group 1 and Group 2 Whose Development Is Proposed to Be
Controlled proclaimed by the former Machinery
Commission of the state. Electronics Electronics products beyond state planning. Light Industry Small leather plant (with a processing capacity of less
than 30,000 standard pieces); Iron tins
with design; Weaved plastic
bags; Piano, organ
and electronic organ; Common imitation
leather; Metal easy-opening
tin and beverage canned by
easy-opening tin; Soft packing
products made of compound paper and beverage; Beverage
packed in soft plastic box for use only once; Household
refrigerator, iced cupboard, washing machine,
dust collector; Electric
fan, air conditioner and compressor; Air-cooling-and-heating
device, electric thermos; Micro-wave
oven, gas thermos; Project of
paper making through alkalization method with
annual productive capacity of 10,000 tons and below; Non-famous
brand sewing machine, bicycles, electronic
watch and mechanical watch; Electric
roasting oven, electric cooking oven,
electromagnetic stove; Mechanical
typewriter; Production
of refrigerator compressor beyond state
designation; Black-white
and colour film, photographic paper, zipper,
toothpaste under the productive capacity of 3,000 boxes; Fireworks
and firecrackers. Textile Woolen spinning under the capacity of 2,000 spindles; Worsted spinning
under the capacity of 5,000 spindles; Cotton spinning
under the capacity of 20,000 spindles; Printing
and dyeing without accompanying
pollution-control measures. Tobacco Cigarette plants beyond state designation.
authorities; Other projects
expressly banned by the state.
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year 1991. The Interim Provisions of the People's Republic of China on
Construction Tax which was promulgated by the State Council on June 25, 1987
shall be annulled ever since the same year.
Appendix I FAID Regulating Tax Schedule of Taxable Items and Tax Rates
Categories Taxable
Items
Tax Rates
1. Agriculture, Projects for control of big and small rivers 0%
Forestry and including flood prevention project, dam,
Water Conservancy floodgate, flood storage and control
2. Energy Industry
3. Communications,
Transportation
and Posts,
Telecommunications
Telecommunications (including posts and telecommunications);
4. Raw and Processed
Materials,
Geological Survey,
Medicine
Industry (Including chemical minerals such as sulphide iron,
Petrochemical phosphorus, potassium, boron, natural soda,
Industry) natural mirabilite, natural nitre, natural
Materials minerals;
5. Machinery and
Electronic Industry
6. Automobile Heavy trucks designated by the state; 0%
Industry
7. National Defence
Industry and
Research for
National Defence
8. Light and
Textile Industry
9. Science Scientific work office buildings; 0%
10. Culture,
Education, Health,
Broadcasting,
Physical Culture,
News and Publications
11. Commerce,
Supply and Marketing
of Goods and
Commodities
12. Urban
Construction
13. Miscellaneous
Drawing
Supervision
Security offices.
Work offices for reconnaissance
work and
14. Multi-funtional
Projects
(*)NOTES:
residential buildings in northern heat-supplied districts of China which have
been up to standards prescribed in the Energy-saving Design Standards for
Civil Constructions jointly promulgated, through No. 514 Urban Construction
Document (87), by the Ministry of Construction, the State Planning Commission,
the State Economic Commission and the State Building Materials Bureau.
REMARKS:
national economy. They are not consistent with administrative departments;
project of fixed assets investment;
category of 0% rate shall be taxed on the basis of construction items covered
by relevant project at a tax rate of 10%;
present Schedule and those defined as replacements and technical innovation
projects shall be taxed at a tax rate of 15%.
taxation but shall be brought under separate regulating mechanism, see the
enclosed Schedule of Development Projects Banned by the State;
where particular reference is specified.
APPENDIX II Schedule of Development Projects Banned by the State
1. Agriculture, Acquatic farming and fruits planting that occupy cropland.
Forestry and
Water Conservancy
2. Energy Industry
3. Raw Materials,
Geology, Medicine
Industry ployethylene or styrene with a processing
capacity of
Including 6,000 tons and below;
Petrochemical
Industry Chemical reagents of general use;
Materials mechanical cement kiln project with a
productive
4. Machinery and
Electronics Industry
5. Automobile All kinds of automobiles and motor-cycles beyond planning
Industry of the trade.
6. Light Textile
Industry
7. Miscellaneous Luxurious buildings without approval of competent
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