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国务院办公厅转发国家税务局关于清理整顿和严格控制减税免税意见的通知 CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF SUGGESTIONS SUBMITTED BY THE STATE TAXATION ADMINISTRATION CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF TAX REDUCTIONS AND EXEMPTIONS

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国办发(1989)1号
(January 3, 1989)
颁布日期:19890103  实施日期:19890103  颁布单位:国务院办公厅

  The report “Suggestions Concerning the Appraisal, Rectification, and Strict Control of Tax Reductions and Exemptions” submitted by the State Taxation Administration has been approved by the State Council, and is now hereby transmitted for implementation. Please report the results of appraisal and rectification to the State Council by the end of March, 1989.

  SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF TAX REDUCTIONS OR EXEMPTIONS

  Last year, after the promulgation of “Decisions Concerning the Better Enforcement of Taxation Laws and Discipline and the Improvement of Tax Collection” by the State Council, each locality investigated and appraised cases where excessive authority was used to grant tax reductions or exemptions and rectified some of them. Definite positive effects have been achieved as a result. However, because some localities have placed undue emphasis on partial and local interests, this issue has not been thoroughly investigated and rectified, and those cases that should be corrected remain uncorrected. Since this year, some localities have been continuously exceeding their authority to reduce or exempt taxes on new items. This has seriously affected the macro-control of the national economy and the stable increase official revenue. In conformity with the requirements of the State Council on the prohibition of the downward spread of the power of tax collection and the strict control of tax reductions and exemptions, the whole-hearted rectification of reduced and exempted taxes, suggestions concerning the appraisal, rectification, and strict control of tax reduction and exemption are hereby put forward as follows:

  1. In order to strictly control the blind development of some special kinds of consumer goods and goods in over-supply, no locality may reduce or exempt product taxes or value-added taxes on tobacco, alcoholic beverages, firecrackers, fireworks, clocks, watches, bicycles, sewing machines, electric fans, refrigerators, motorcycles, washing machines, vacuum cleaners, air conditioners, electronic keyboards, pianos, TV sets, tape recorders, cassette players, video cassette recorders, electronic video games, pull-top cans, canned beverages, aluminum doors or windows, architectural decorations, kilowatt-hour meters, saccharin, adhesive clay bricks or tiles, cosmetics for the skin and hair, and articles for use in a memorial ceremony, which are produced or marketed in that locality, regardless of the ownership or type of enterprise. No product tax, value-added tax, or income tax may be reduced or exempted for small scale wool mills, cotton mills, silk mills, oil refineries, lacquer factories, metal rolling factories, cigarette factories, or alcoholic beverage factories.

  The reduction or exemption of taxes on all aforesaid items that have already been approved shall be suspended and normal collection resumed as of January 1, 1989. From now on, in order to meet the demands of state macro-control, the State Taxation Administration is authorized, when necessary, to list additional items that may not be subjected to tax reductions or exemptions.

  2. For importing market-saturated goods, consumer goods for which market prices have been freed, and state-restricted imports, product taxes and value-added taxes on the importation of these goods may not be reduced or exempted. For export products manufactured by enterprises, a complete tax refund will be given at the time of export, and therefore no product tax or value-added tax on the production of export products manufactured by enterprises maybe reduced or exempted.

  3. Appraisal and rectification of tax reductions or exemptions for various companies. Taxes on comprehensive companies, banking companies and companies in service industries should be collected according to stipulations and regulations. No product tax, value-added tax, or business tax which should be paid may be reduced or exempted, and such reductions or exemptions which have been approved should be suspended immediately. In the event of true difficulties in paying income taxes during the early stage of operation, the period of the reduction of or exemption from income tax shall be less than one year; reductions or exemptions from income tax that have already been approved to exceed one year shall be enforced according to the above regulations.

  4. The unified preferential policy of tax reductions or exemptions for township enterprises stipulated by the state shall continue to be implemented, and within the limits of their respective authorities over tax administration, all localities shall strictly control the reduction of or exemption from product taxes, value-added taxes, and business taxes. Approvals of tax reduction or exemption by any locality which exceeds its respective authority shall cease immediately. After strict verification, a special consideration of one year reduction of or exemption from income tax may be granted to a small number of enterprises that have authentic difficulties in paying taxes in the early stage of operation. Any alteration of income tax rates or any collection at a reduced portion of the tax rate by any locality must be corrected and normal collection resumed. The range of itemized expenditures before income tax payment shall be implemented strictly in accordance with the provisions uniformly stipulated by the state, and may not be extended without authorization. The examination and approval of reductions or exemptions for township enterprises should be handled strictly in accordance with the stipulations by present administrative systems, and the power of examination and approval may not be transferred to lower levels of authority. After the period for tax reduction or exemption for enterprises comes to an end, no enterprise may obtain further tax reductions or exemptions by changing factory names, product names, or the trademarks thereof, nor through other fraudulent means. The discovery of such acts shall be treated and prosecuted as tax evasion.

  5. All localities and departments must strictly implement the uniform national policies governing foreign-related taxation, and may not exceed their respective authorities to determine preferential treatment on foreign-related taxation. All unauthorized decisions on reduction of or exemption from taxes, which are in violation of uniform national taxation laws and administrative regulations promulgated by the State Council, are invalid and should be publicly repealed and corrected.

  6. In order to make greater efforts to cut down the scale of infrastructure construction, the macro-control role of the construction tax should be fully brought into play, and a construction tax on construction investments made outside the state plan shall be strictly imposed. No locality or department may reduce or exempt taxes without authorization, with the exception of those tax reductions or exemptions stipulated uniformly in taxation laws and regulations.

  7. The tax authorities at various levels shall strengthen their supervision and control on tax reductions or exemptions and rigorously enforce procedures of examination and approval. In handling tax reductions or exemptions, all tax authorities at various levels shall implement laws and regulations impartially, and may not abuse their authority for selfish benefits. With respect to those items of tax reduction or exemption of very large amounts or wide spread influence, the tax authorities shall carry out specific investigations, examine them collectively, and report to higher authorities level by level for approval. No individual may make decisions regarding tax reductions or exemptions, and those who are in violation of this stipulation shall be severely punished.

  8. The appraisal and rectification of tax reductions or exemptions is a policy-oriented task. It involves the economic interests of all localities, departments, and units. The local people's governments at various levels shall strengthen their leadership and make earnest appraisals and rectification's from the perspective of the general public interest and macro-scopic demands. We suggest one leader from each province, autonomous region, and municipality directly under the Central Government be appointed to take charge of this task.

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