Home Knowledge China China Taxes Other Taxes Interpretation of Urban Maintenance and Construction Tax
Tax Law |
Provisional Regulations |
Article 1 All units and individuals who are taxpayers of consumption tax, value added tax shall be the taxpayers of urban maintenance and construction tax (hereinafter referred as taxpayers) and shall pay urban maintenance and construction tax according to these regulations. Article 2 The computation of urban maintenance and construction tax shall be based on the amount of consumption tax, value added tax actually paid by taxpayers. In accordance with the provision of the Value Added Tax, the refund of term-end excess input VAT credits shall be deducted from the tax basis of urban maintenance and construction tax. |
Article 2 All units and individuals who are taxpayers of consumption tax, value added tax, and/or business tax shall be the taxpayers of urban maintenance and construction tax (hereinafter called Taxpayers) and shall pay urban maintenance and construction tax according to these regulations. |
Article 2 (Cont’d) The specific measures for determining the tax basis of urban maintenance and construction tax shall be submitted to the National People’s Congress Standing Committee for the record by the State Council in accordance with this Law and relevant tax laws and administrative regulations. Article 3 No urban maintenance and construction tax shall be collected on the amount of value added tax and consumption tax paid by imported goods or overseas units and individuals to sell labor services, services, and intangible assets in China. |
Article 3 The computation of urban maintenance and construction tax shall be based on the amount of consumption tax, value added tax and/or business tax actually paid by taxpayers, and the tax shall be paid together with the payment of consumption tax, value added tax and/or business tax. |
(1) |
Taxpayers Starting from May 1, 2016, China has replaced all business tax with value added tax. The taxpayers stipulated by the Urban Maintenance and Construction Tax Law are units and individuals who pay value-added tax and consumption tax in China, and business tax is no longer included. |
(2) |
Tax Basis First of all, the calculation of tax basis also not apply the regulations related to business tax. In addition, urban construction law adds the relevant provisions concerning the urban construction tax for the VAT credit refund, which stipulates that the tax basis of the urban construction tax is the amount after deducting the refund of term-end excess input VAT credits. |
Tax Law |
Provisional Regulations |
Article 4 The urban maintenance and construction tax rates depending on the taxpayer’s location, are:
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Article 4 The urban maintenance and construction tax rates depending on the taxpayer’s location are: 7% for a taxpayer in city, 5% for a taxpayer in a country town or town, and 1% for a taxpayer in a place other than a city, country town or town. |
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Tax Law
Article 5 The urban maintenance and construction tax is calculated by multiplying the tax basis by the specific applicable tax rate. Article 6 According to the needs of the national economy and social development, the State Council may provide the reduction or exemption of urban maintenance and construction tax for major public infrastructure construction, special industries and groups, and serious emergencies, and submit to the National People’s Congress Standing Committee for the record. |
Tax Law |
Provisional Regulations |
Article 6 According to the needs of the national economy and social development, the State Council may provide the reduction or exemption of urban maintenance and construction tax for major public infrastructure construction, special industries and groups, and serious emergencies, and submit to the National People’s Congress Standing Committee for the record. Article 7 The urban maintenance and construction tax obligation term is same with value added tax and consumption tax, shall be paid together with value added tax and consumption tax. |
Article 5 The collection, management, rewards and punishments issues of urban maintenance and construction tax shall be handled in accordance with the relevant regulations on consumption tax, value-added tax and business tax |
Tax Law |
Provisional Regulations |
Article 9 The urban maintenance and construction tax shall be collected and managed by the tax authorities in accordance with this Law and the "Tax Collection and Administration Law of the People's Republic of China". |
Article 6 The urban maintenance and construction tax shall be used for the maintenance and construction of urban public utilities and public facilities, and the specific arrangements shall be determined by the local people's government. Article 7 The taxes paid in accordance with the Article 4, paragraph 3 of these Regulations shall be used exclusively for the maintenance and construction of towns and villages. |
Article 10 Taxpayers, tax authorities and their staff who violate the provisions of this Law shall be investigated for legal responsibility in accordance with the “Tax Collection Administration Law of the People's Republic of China” and relevant laws and regulations. |
Article 8 After the city maintenance and construction tax is levied, any departments or governments are not allowed to apportion funds or materials to taxpayers. The taxpayer has the right to refuse apportionment in any form. Article 9 The governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with these regulations, formulate implementation rules and submit them to the Ministry of Finance for the record |
Tax Law |
Provisional Regulations |
Article 11 This Law shall come into force on September 1, 2021. The "Interim Regulations of the People's Republic of China on Urban Maintenance and Construction Tax" promulgated by the State Council on February 8, 1985 shall be repealed simultaneously. |
Article 10 The regulations came into force in 1985. |
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