Laws of the People's Republic of China

the State Administration of Taxation

Reply of the State Administration of Taxation on the Issue concerning the Expiry Date for Special Policy Tax Refund

Guo Shui Han [2004] No. 1430

December 30, 2004

Shenzhen Municipal office of the State Administration of Taxation,

Your Request for Specifying the Expiry Date for Special Policy Tax Refund for the Year 2003 (No.182 [2004] of Shenzhen Municipal office of the State Administration of Taxation) has been received. After deliberation, we hereby make the following reply concerning the expiry date for tax refund on homemade equipments purchased by foreign-funded enterprises and water, electricity and gas consumed by enterprises in the export processing zones:

I.

In accordance with the relevant provisions in the Supplementary Notice of the State Administration of Taxation on Doing well the Liquidation Work for Tax Refund or Exemption on Export Goods for the Year 2003 (Letter No.132 [2004] of the State Administration of Taxation), for homemade equipments purchased by foreign-funded enterprises and water, electricity and gas consumed by enterprises in the export processing zones, all taxes refundable (exemptible) and taxes that are not yet refunded (exempted) of those value-added tax invoices as issued prior to December 31, 2004 by the sellers shall be dealt with as accumulatively refundable (exemptible) taxes prior to the end of 2003.

II.

The tax authorities shall, in accordance with relevant provisions, handle the tax refund of the year 2003 on homemade equipments purchased by foreign-funded enterprises and water, electricity and gas in export processing zones as declared by export enterprises prior to March 31, 2004.

III.

In case an export enterprise fails to declare the tax refund of the year 2003 on homemade equipments purchased by foreign-funded enterprises and water, electricity and gas consumed by enterprises in export processing zones prior to March 31, 2004, the tax authorities shall not handle tax refund declaration formalities in accordance with relevant provisions in the Notice of the State Administration of Taxation on Doing well the Liquidation Work for Tax Refund or Exemption on Export Goods for the Year 2003 (Letter No. 1303 [2003] of the State Administration of Taxation).