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Regulations
Supplemental Notice of the State Administration of Taxation on Issues concerning Strengthening the Administration of VAT Levy on New Commercial Enterprises
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After the issue of the Emergency Notice of the State Administration of Taxation on Issues concerning Strengthening the Administration of VAT Levy on New Commercial Enterprises (Guo Shui Fa Ming Dian [2004] No. 37, hereinafter referred to as the Emergency Notice), the tax authorities at all levels conscientiously implemented its spirit and achieved remarkable results. And there were also some issues reflected during the implementation. In order to further improve the general taxpayer recognition and VAT administration for new commercial enterprises, we hereby supplement the notice as follows:
I. New small-scale commercial enterprises referred to in Article I (i) of the Emergency Notice shall mean new small-scale commercial wholesale enterprises. Since a new small-scale commercial wholesale enterprise has not been put into normal operation, its general taxpayer qualification will normally be audited and recognized after a certain period of actual operation. But a new commercial enterprise with a certain scale of business, a fixed place of business, appropriate business management personnel, goods purchase and sales contracts or written intentions, clear channels for purchase and sale of goods (the suppliers' certificates) and expected annual sales of RMB 1.8 million may be recognized as a general taxpayer with the approval of the competent tax authority and shall be administrated as a mentoring-period general taxpayer.
Where any new small-scale commercial wholesale enterprise applies for recognition as a general taxpayer, the competent tax authority must carry out desk audit, interview with the legal representative and spot inspection in strict accordance with the Emergency Notice and this Notice. Any new commercial wholesale enterprise not meeting the conditions shall not be recognized as general VAT taxpayer. Within one month after general taxpayer recognition and sale of invoices, the tax authority shall carry out spot inspection of the business operation and the use of invoices, provide services and conduct follow-up management.
II. Where any new small-scale commercial wholesale enterprise only engaged in goods exports and requiring no VAT invoices (hereinafter referred to as export-oriented enterprise) applies for recognition as a general taxpayer in order to resolve export tax rebate, the competent tax authority may grant the enterprise with general VAT taxpayer qualification but not sell the VAT Anti-counterfeiting Control Billing System and VAT invoices to the enterprise if it, after desk audit, interview with the legal representative and spot inspection, believes the requirements for company establishment are met and if the enterprise has purchase and sales contracts or written intentions and clear channels for purchase and sale of goods (the suppliers' certificates). If the enterprise needs VAT invoices for imports and domestic trades thereafter, it shall file another application and the competent tax authority will process in accordance with the relevant regulations after audit.
To apply for recognition as a general taxpayer, an export-oriented enterprise shall provide the tax authority with the valid Record and Registration Form for Foreign Trade Dealers stamped by the Ministry of Commerce or its authorized local foreign trade authority with the record and registration seal, as the necessary material for application for recognition.
For any new export-oriented enterprise recognized as the above type of general taxpayer, the tax authority shall indicate no sale of VAT invoices in the relevant approval document and feed back the recognition particulars to the import and export tax administration authority in a timely manner, which shall carry out audit and process export tax rebate in accordance with relevant regulations.
III. Any new medium or large-scale commercial enterprise with registered capital of over RMB 5 million and employees of over 50 persons referred to in Article I (ii) of the Emergency Notice that applies for recognition as a general taxpayer may, if the competent tax authority confirm the required conditions are met after desk audit, interview with the legal representative and spot inspection, be directly recognized as a general taxpayer and shall not be administrated as a mentoring-period general taxpayer.
IV. If any new commercial retail enterprise recognized as a general taxpayer needs to purchase invoices once more for the VAT invoices purchased during the first month are not enough for business, the tax authority shall conduct spot inspection before sale of VAT invoices once more to verify whether the enterprise has physical goods and whether the enterprise is actually engaged in goods retail. If the enterprise is not engaged in goods retail, its general taxpayer qualification shall be cancelled.
V. With regard to the recognition of a new industrial enterprise as a general VAT taxpayer, the competent tax authority shall also organize timely spot inspection of the taxpayer to verify whether it has the necessary plant, machinery equipment and production workers and whether it has the conditions for financial accounting required against general taxpayers. After spot verification, the enterprise shall be recognized in a timely manner if the relevant conditions are met, or shall not be recognized if the relevant conditions are not met, in order to prevent any criminal defrauding the general taxpayer qualification under the guise of an industrial enterprise.
VI. Any small-scale taxpayer commercial enterprise that obtained the tax registration certificate before June 30th, 2004 and operates normally, once its annual sales calculated based on its actual tax payment reaches RMB 1.8 million may directly recognized as a general manager with the approval of the tax authority and shall not be administrated as a mentoring-period general taxpayer.
VII. Any mentoring-period general taxpayer shall prepay the tax if it needs to purchase additional VAT invoices. The taxpayer shall prepay the tax to the competent tax authority at 4% of the sales marked on positive number VAT invoices purchased and issued, fill out a list of the VAT invoices purchased and issued (see Annex I) and deliver the list together with the photocopies of the bookkeeping pages of the issued VAT invoices to the tax authority for check. The competent tax authority shall allow another purchase only after it has checked the list of VAT invoices with their bookkeeping pages and confirmed that the enterprise has paid the advance tax.
When invoices are sold to a mentoring-period general taxpayer, the number of invoices to be sold this time shall be calculated based on the following formula: the number of invoices to be sold this time ≤ the number of invoices approved to be purchased for each time – the number of remaining invoices at the time of this purchase.
VIII. The original temporary general taxpayer administration will no longer be implemented on any new small-scale commercial enterprise that has entered into tax payment mentoring period administration.
IX. The maximum billing limit of the VAT Anti-counterfeiting Control Billing System for mentoring-period general taxpayers shall in principle not exceed RMB 10,000. If the billing limit cannot meet the actual business needs, the competent tax authority may, based on the actual business needs of the taxpayer, examined and approved the required maximum billing limit and number of its VAT Anti-counterfeiting Control Billing System in accordance with the existing regulations.
X. The competent tax authority shall promptly notify the new enterprise applying for general taxpayer qualification before its interview or spot inspection of the taxpayer and shall faithfully record their contents and related particulars in writing during the interview and spot inspection and put them on record.
XI. In addition to the materials required to be submitted by new commercial enterprises in accordance with uniform regulations, the tax authority may, in connection with the actual local conditions, determine other materials required to be submitted by new commercial enterprises for application for general VAT taxpayer qualification.
XII. The electronic data of out-of-control invoices shall be uploaded on a daily basis and the two-way matching of out-of-control invoices and certified invoices has been deployed in the country in late September.
For escapee data report, the provincial-level units may access the website of the State Administration of Taxation via a browser (IE6.0 and above) and log onto the escapee data reporting system. The user names and initial passwords of the provincial-level units are placed on the technical support website of the State Administration of Taxation, and the units shall log onto the system immediately upon receipt of their passports and change the initial passports and keep the new passports well. The units shall note the Help provided by the system.
XIII. For the solutions to interrelation between the relevant provision of the Emergency Notice and the anti-counterfeiting control billing system, collection and management software, see the Operating Procedures for Anti-counterfeiting Control Billing System and Integrated Collection and Management Software (Annex II).
XIV. Local tax authorities shall conscientiously recognize new small-scale commercial enterprises as a general taxpayer and administrate the mentoring period matters well in accordance with the Emergency Notice and this Notice. For any application of a new enterprise, the local tax authority shall review the materials seriously and responsibly and vary the detailed audit procedures for spot inspection and interview with the legal representative from case to case. Effectively strengthen the management and services for the mentoring period, in particular, seize the key sectors such as VAT invoice sale management, and cross-auditing of deduction certificates prior to deduction, etc. Implement and make good use of the rapid response mechanism for out-of-control invoices. Conscientiously carry out the inspection of the small-scale enterprises that have been recognized as general taxpayers, in particular the enterprises that file long-term zero or negative returns and/or make extensive use of customs import duty memorandums and agricultural and sideline product purchase invoices for tax deduction, and settle any problems found in a timely manner. Collect the problems found in the implementation, and collate and sum up the inspections before recognition of commercial enterprises as general taxpayers and the problems collected to form a formal report, which shall be submitted to the Turnover Tax Administrative Office and the Information Center of the State Administration of Taxation before December 31st, 2004.
State Administration of Taxation
December 1st, 2004

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