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国务院关于加强依法治税严格税收管理权限的通知 Circular of the State Council Concerning Strengthening Tax Administration by Law and Reaffirming Taxation Powers

2006-05-14 17:18   我要纠错 | 打印 | 收藏 | | |

国发19984号
(March 12, 1998)
颁布日期:19980312  实施日期:19980312  颁布单位:国务院

  The reform of the tax systems in 1994, which, as a result, further strengthened the legal systems of taxation, laid down stringent provisions on tax reduction and exemption and defined taxation powers, has proven to be positive for the state to exercise macro-control, implement industrial policies, bring about fair competition between enterprises, promote restructuring in enterprises and increase financial revenue. However, there are still so many problems in performing tax policies by a number of localities and departments. For instance, some make adaptive provisions of state tax policies without authorization and grant tax reduction or exemption beyond their powers; some wantonly allow taxpayers to defer or to be behind with tax payment; some contract for tax collection; and some impose excessive taxes. These problems are seriously disturbing the normal fiscal order and impairing the consolidation and perfection of the fiscal system. In order to safeguard the solemnity and dignity of laws and regulations of taxation (hereinafter referred to as "tax laws"), reinforce tax administration by law and enforce taxation powers, this Circular is hereby issued as follows:

  1. State tax laws and provisions regarding taxation powers should be enforced strictly. The legislative powers in respect of central taxes, common taxes and local taxes shall be centralized by the central authorities. Each locality and each department should collect taxes by law, handle financial affairs by law, and should not institute or interpreter tax policies beyond their powers, neither they may exceed their terms of reference to grant tax reduction and exemption, nor allow deferment of tax payment, nor exempt somebody from taxes that have been overdue. Except for animal slaughtering taxes, banquet taxes and animal husbandry taxes of which administrative powers have been expressly transferred to the local authorities, the central authorities shall centralize the administrative powers of all other kinds of taxes. Local governments shall not make changes, adjustments or adaptive provisions in respect of tax laws and tax policies beyond their terms of reference prescribed expressly by tax laws. With regard to problems in tax policies, all localities may put forward their views for adjustment and improvement and report them to the State Council or the departments of the State Council in charge of financial affairs. However, no locality may act on their own authorities pending the decision of the State Council.

  2. Minority autonomous areas shall have their tax policies in conformity with those of the whole country. Governments of minority autonomous areas shall impose strict restrictions upon the scopes and amounts of tax reduction or exemption when instituting their preferential tax policies as authorized by state laws or regulations, and shall not grant their approval of tax reduction or exemption beyond their terms of reference. Governments of the autonomous regions directly under the Central Government shall submit preferential tax policies instituted by them according to their terms of reference to the departments of the State Council in charge of financial affairs for the record. Those violating the provisions of state tax laws shall be put right by the department in charge of financial affairs with authorization of the State Council.

  3. Tax administration by law should be persisted in and importance be attached to the administration of tax reduction and exemption. Tax reduction and exemption must be executed according to the provisions of tax laws. Any prescriptions regarding tax reduction or exemption beyond provisions of tax laws or taxation powers shall be annulled without delay. Even the reduction or exemption of local taxes shall be handled according to the terms of reference granted by the central authorities. No body may institute his own rules and act on his own authority. Once tax reduction or exemption without approval is found, the taxpayer involved shall pay off taxes in full and the person responsible and the person in charge shall be investigated for their responsibilities.

  4. Further steps shall be taken to strengthen the administration of tax collection. Tax authorities at various levels must exactly perform the functions as prescribed in state tax laws and shall collect taxes according to law in order to get taxes in full. Contracting for tax collection in various forms shall be prohibited. Failure to pay taxes in full or tax exemption in the form of deferring tax payment shall not be allowed. Exemptions granted to taxpayers from their arrears of taxes on some pretexts shall be strictly prohibited. Arrears of taxes that have been exempted shall be returned to the treasure within a fixed time limit. Tax authorities at various levels must strictly comply with the procedures and time limits provided for by tax laws when examining and approving applications of taxpayers for deferment of tax payment, and shall not wantonly extend the prescribed time limits for deferment of tax payment. Imposition of excessive taxes shall be resolutely banned and apportioning taxes equally according to the number of people or land areas shall be prohibited.

  5. People's governments and tax authorities at all levels shall conscientiously implement the prescriptions of the State Council regarding the system of tax distribution and hand over revenue in strict accordance with the levels of treasures. If anyone hands over central revenue as local revenue to local treasure by mixing up intentionally the levels of treasures, the offender and the leader in charge shall, in addition to returning all the revenue that has been seized, be investigated for their responsibility.

  6. Legal systems for taxation should be strengthened and the dignity of state tax laws be safeguarded. Financial and taxation departments shall establish and perfect their internal supervision and discipline systems and take vigorous action to ensure the supervision and inspection of tax policies. Auditing departments shall strengthen the auditing over the implementation of tax policies and perfect necessary working systems. Problems found in the inspection and auditing shall be resolved in time in order to ensure the proper implementation of tax policies and stop up loopholes that cause losses of revenue from taxes. Leading officials of people's governments at all levels and all departments shall firmly keep in mind the sense of legality of taxation, proceed from the consideration of maintaining the interest of the whole country and the normal fiscal order, further strengthen the leadership over the fiscal work, lend support to financial departments in organizing financial revenue and intensify the administration of tax collection in order to create a favourable environment for establishing the socialist market economic system.

  As from the date of the issuance of this Circular, each locality and each department should make an overall inspection and rectification of the implementation of tax policies within their own jurisdiction. Violations of state tax laws and tax policies shall be corrected without delay. Each locality and each department shall submit a report on the inspection and rectification to the State Council before the end of September and, at the same time, transfer a copy each to the Ministry of Finance and the State Administration of Taxation.

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