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中华人民共和国固定资产投资方向调节税暂行条例(一)

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中华人民共和国固定资产投资方向调节税暂行条例
INTERIM PROVISIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON FIXED ASSETS INVESTMENT DIRECTION REGULATING TAX

国务院令第82号
(Promulgated by Decree No. 82 of the State Council of the People's Republic of China on April 16, 1991)
颁布日期:19910416  实施日期:19910101  颁布单位:国务院

  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 Tax able 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 with hold 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 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 an nulled ever since the same year.

  Appendix I FAID Regulating Tax Schedule of Taxable Items and Tax RatesCategories Taxable Items Tax Rates

  (Investment projects)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

  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,

  aquatic 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%

  aquaculture (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.

  2. Energy Industry

  Coal mining (except for small coal pits 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.

  3. Communications, Transportation and Posts, Telecommunications

  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% Telecommunications (including posts andtelecommunications);

  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)。

  4. Raw and Processed Materials, Geological Survey, Medicine

  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;

  Super conductive 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% Industry (Including chemical minerals such assulphide iron, Petrochemical phosphorus, potassium, boron, natural soda, Industry) natural mirabilite,natural nitre, natural

  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 wear shoes, rubber products for

  daily use);

  Some kinds of lacquer (including oil paint, 30%

  natural lacquer type organic coating,

  bake lite 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% Materials minerals;

  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%

  5. Machinery and Electronic Industry

  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 soft wares 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%

[1][2]
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