中华人民共和国增值税暂行条例 PROVISIONAL REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON VALUE ADDED TAX

国务院第134号令
（State Council： 13 December 1993）
颁布日期：19931213 　实施日期：19940101 　颁布单位：国务院

　　Article 1 All units and individuals engaged in the sales of goods， provision of processing， repairs and replacement services， and the importation of goods within the territory of the People's Republic of China are taxpayers of Value-Added Tax （hereinafter referred to as 'taxpayers'）， and shall pay VAT in accordance with these Regulations.

　　Article 2 VAT rates：

　　（1） For taxpayers selling or importing goods， other than those stipulated in items （2） and （3） of this Article， the tax rate shall be 17%.

　　（2） For taxpayers selling or importing the following goods， the tax rate shall be 13%：

　　I. Food grains， edible vegetable oils；

　　II. Tap water， heating， air conditioning， hot water， coal gas， liquefied petroleum gas， natural gas， methane gas， coal/charcoal products for household use；

　　III. Books， newspapers， magazines；

　　IV. Feeds， chemical fertilizers， agricultural chemicals， agricultural machinery and covering plastic film for farming；

　　V. Other goods as regulated by the State Council.

　　（3） For taxpayers exporting goods， the tax rate shall be 0%， except as otherwise stipulated by the State Council.

　　（4） For taxpayer providing processing， repairs and replacement services （hereinafter referred to as 'taxable services'）， the tax rate shall be 17%.

　　Any adjustments to the tax rates shall be determined by the State Council.

　　Article 3 For taxpayers dealing in goods or providing taxable services with different tax rates， the sales amounts for goods or taxable services with different tax rates shall be accounted for separately. If the sales amounts have not been accounted for separately， the higher tax rate shall apply.

　　Article 4 Except as stipulated in Article 13 of these Regulations， for taxpayers engaged in the sales of goods or the provision of taxable services （hereinafter referred to as 'selling goods or taxable services'）， the tax payable shall be the balance of output tax for the period after deducting the input tax for the period. The formula for computing the tax payable is as follows：

　　Tax payable=Output tax payable for the period-Input tax for the period If the output tax for the period is less than and insufficient to offset against the input tax for the period， the excess input tax can be carried forward for set-off in the following periods.

　　Article 5 For taxpayers selling goods or taxable services， the output tax shall be the VAT payable calculated based on the sales amounts and the tax rates prescribed in Article 2 of these Regulations and collected from the purchasers. The formula for computing the output tax is as follows：

　　Output tax=Sales amount x Tax rate

　　Article 6 The sales amount shall be the total consideration and all other charges receivable from the purchasers by the taxpayer selling goods or taxable services， but excluding the output tax collectible.

　　The sales amount shall be computed in renminbi. The sales amount of the taxpayer settled in foreign currencies shall be converted into renminbi according to the exchange rate prevailing in the foreign exchange market.

　　Article 7 Where the price used by the taxpayer in selling goods or taxable services is obviously low and without proper justification， the sales amount shall be determined by the competent tax authorities.

　　Article 8 For taxpayers who purchase goods or receive taxable services （hereinafter referred to as 'purchasing goods or taxable services'）， VAT paid or borne shall be the input tax.

　　The amount of input tax that can be credited against the output tax， other than the situations specified in Paragraph 3 of this Article， shall be restricted to the amount of VAT payable as indicated on the following VAT credit document：

　　（1） VAT ind

icated in the special VAT invoices obtained from the sellers；

　　（2） VAT indicated on the tax payment receipts obtained from the customs office. The creditable input tax for the purchasing of tax exempt agricultural products is calculated based on a deemed deduction rate at 10% on the actual purchasing price. The formula for calculating the input tax is as follows：

　　Input tax = Purchasing price x Deduction rate

　　Article 9 Where taxpayers purchasing goods or taxable services have not obtained and kept the VAT credit document in accordance with the regulations， or the VAT payable and other relevant items in accordance with the regulations are not indicated on the VAT credit document， no input tax shall be credited against the output tax.

　　Article 10 Input tax on the following items shall not be credited against the output tax：

　　（1） Fixed assets purchased；

　　（2） Goods purchased or taxable services used for non-taxable items；

　　（3） Goods purchased or taxable services used for tax exempt items；

　　（4） Goods purchased or taxable services used for group welfare or personal consumption；

　　（5） Abnormal losses of Goods purchased；

　　（6） Goods purchased or taxable services consumed in the production of work-in-progress or finished goods which suffer abnormal losses.

　　Article 11 Small-scale taxpayers engaged in selling goods or taxable services shall use a simplified method for calculating the tax payable.

　　The criteria for small-scale taxpayers shall be regulated by the Ministry of Finance.

　　Article 12 The rate leviable on the small-scale taxpayers selling goods or taxable services shall be 6%.

　　Any adjustment to the leviable rate shall be determined by the State Council.

　　Article 13 For small-scale taxpayers selling goods or taxable services， the tax payable shall be calculated based on the sales amount and the leviable rate prescribed in Article 12 of these Regulations. No input tax shall be creditable. The formula for calculating the tax payable is as follows：

　　Tax payable = Sales amount x leviable rate

　　The sales amount shall be determined in accordance with the stipulations of Article 6 and Article 7 of these Regulations.

　　Article 14 Small-scale taxpayers with sound accounting who can provide accurate taxation information may， upon the approval of the competent tax authorities， not be treated as small-scale taxpayers， The tax payable shall be computed pursuant to the relevant stipulations of these Regulations.

　　Article 15 For taxpayers importing goods， tax payable shall be computed based on the composite assessable price and the tax rates prescribed in Article 2 of these Regulations. No tax will be credited. The formulas for computing the composite assessable price and the tax payable are as follows：

　　Composite assessable price

　　=Customs dutiable value + Customs Duty + Consumption Tax

　　Tax payable = Composite assessable price x Tax rate

　　Article 16 The following items shall be exempt from VAT：

　　（1） Self-produced agricultural products sold by agricultural producers；

　　（2） Contraceptive medicines and devices；

　　（3） Antique books；

　　（4） Importation of instruments and equipment directly used in scientific research， experiment and education；

　　（5） Importation of materials and equipment from foreign governments and international organizations as assistance free of charge；

　　（6） Equipment and machinery required to be imported under contract processing， contract assembly and compensation trade；

　　（7） Articles imported directly by organizations for the disabled for special use by the disabled；

　　（8） Sale of goods which have been used by the sellers. Except as stipulated in the above paragraph， the VAT exemption and reduction items shall be regulated by the State Council. Local govern

ments or departments shall not regulate any tax exemption or reduction items.

　　Article 17 For taxpayers engaged in tax exempt or tax reduced items， the sales amounts for tax exempt or tax reduced items shall be accounted for separately. If the sales amounts have not been separately accounted for， no exemption or reduction is allowed.

　　Article 18 For taxpayers whose sales amounts have not reached the VAT minimum threshold stipulated by the Ministry of Finance， the VAT shall be exempt.

　　Article 19 The time at which a liability to VAT arises is as follows：

　　（1） For sales of goods or taxable services， it is the date on which the sales sum is received or the documented evidence of right to collect the sales sum is obtained.

　　（2） For importation of goods， it is the date of import declaration.

　　Article 20 VAT shall be collected by the tax authorities. VAT on the importation of goods shall be collected by the customs office on behalf of the tax authorities.

　　VAT on self-used articles brought or mailed into China by individuals shall be levied together with Customs Duty. The detailed measures shall be formulated by the Tariff Policy Committee of the State Council together with the relevant departments.

　　Article 21 Taxpayers selling goods or taxable services shall issue special VAT invoices to the purchasers. Sales amounts and output tax shall be separately indicated in the special VAT invoices.

　　Under one of the following situations， the invoice to be issued shall be an ordinary invoice rather than the special VAT invoice：

　　（1） Sale of goods or taxable services to consumers；

　　（2） Sale of VAT exempt goods；

　　（3） Sale of goods or taxable services by small-scale

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/