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China's Current Tax System - Stamp Tax

China's Current Tax System - Stamp Duty

1.
Taxpayers

The taxpayers of Stamp Duty include any enterprise, unit, individual household business operators and other individual who executes or receives specified documents (taxable documents) listed in the Tax Law within the territory of China. According to the different types of taxable documents, taxpayers can be divided into the following six categories:

1)
The parties of the contract (including the documents in the nature of a contract), excluding the guarantor, witness and expert witness;

2)
The parties of the document, refers to the units or individuals that establish the documents for transferring property rights;

3)
Bookkeepers: refers to the units and individuals that create and use business books;

4)
Recipients: refers to the units and individuals who receive and hold licenses and permits;

5)
Users: the users of the taxable documents which is written and received in a foreign country but used in China;

6)
Signatory of various electronic taxable documents.

2.
Taxable items and tax rates

Taxable items

Tax rates      (Tax amount)

Purchase and sale contracts: no stamp duty on power supply contracts between the power grid and users

0.03%

Processing contracts: including processing, customized, repair and renovation, printing, advertising, testing, mapping, etc

0.05%

Survey arid design contracts for engineering and construction projects

0.05%

Construction installation and engineering contracts: including general contracts, and subcontracts

0.03%

Property leasing contracts

0.1%

Goods transportation contracts

0.05%

Warehousing contracts

0.1%

Loan contracts: finance lease contract is also a loan contract, excluding interbank loan contract

0.005%

Property insurance contracts: including property, liability, warranty, credit insurance contract

0.1%

Technology contracts: including technology patent application transfer contract and non-patent technology transfer contract

0.03%

Property right transfer documents

0.05%

Business books: paid in capital and capital reserve recording documents

0.05%

Permits and licenses: housing property right certificate, industrial and commercial business license, trademark registration certificate, patent certificate, land use certificate.

5 yuan/piece


3.
Tax Base

Contracts or Vouchers

Tax Base

Purchase and sale contracts

Value of purchase and sale

Processing contracts

Amount of processing income

Survey arid design contracts for engineering and construction projects

Amount of survey arid design fees

Construction installation and engineering contracts

Contracted amount

Property leasing contracts

Rental amount, any amount less than RMB 1 yuan to be stamped as RMB 1 yuan

Goods transportation contracts

Amount of freight cost, excluding the goods price, handling charges and insurance fees.

Warehousing contracts

Amount of warehousing fees

Loan contracts

Loan amount

Property insurance contracts

Amount insured, excluding the property value amount.

Technology contracts

The amount indicated (excluding research and development fees)

Property right transfer documents

Amount on documents.

Business books: paid in capital and capital reserve recording documents

Total amount of “Paid in capital” and “Capital reserve”

Permits and licenses

Every piece


4.
Tax Computation

Tax payable = Tax Base x Applicable rate, or
Tax payable = Number of pieces of taxable documents x Tax amount per piece (RMB 5 yuan)

5. Major Exemptions and Deductions

1)
Duplicates or copies of documents on which stamp duty has already been paid are exempt from stamp duty;

2)
Non-interest bearing or discounting loan contracts are exempt from stamp duty;

3)
The lease contracts for living signed by the real estate department and individuals are exempt from stamp duty;

4)
Insurance contracts for agriculture and forestry products, and animals in animal husbandry. are exempt from stamp duty;

5)
The college students’ apartment rental contracts signed with college students are exempt from stamp duty;

6)
The public rental housing operation and management department purchase house as public rental house, the housing purchase contracts for public rental housing operation and management department and the public house leasing contracts for both parties are exempt from stamp duty;

7)
From May 1, 2018, the stamp duty on the business books of "paid-in capital" and "capital reserve" would be halved;

8)
The stamp duty related to the reconstruction and resettlement housing business and management units, developers and the stamp duty related to the purchase of resettlement housing by individuals would be exempted from July 4, 2013.


Penafian

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