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DECISION OF THE STATE COUNCIL ON AMENDING THE REGULATION ON THE IMPLEMENTATION OF THE INDIVIDUAL INCOME TAX LAW OF THE PEOPLE'S REPUBLIC OF CHINA
 
(Order of the State Council (No.452), December 19, 2005: The Decision of the State Council on Amending the Regulation on the Implementation of the Individual Income Tax Law of the People's Republic of China is hereby promulgated and shall come into force as of January 1, 2006.)
     
     
SUBJECT : INDIVIDUAL INCOME TAX; AMENDMENTS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/19/2005
IMPLEMENT DATE : 01/01/2006
LENGTH : 569 words
TEXT :
The State Council hereby decides to make the following amendments to the Regulation on the Implementation of the Individual Income Tax Law of the People's Republic of China:


I. Article 13 shall be amended as: "The 'subsidies and allowances granted in accordance with the unified stipulations of the state' as mentioned in Item 3 of Article 4 of the Individual Income Tax Law refers to special government allowances, allowances for academicians, allowances for senior academicians that are granted in accordance with the provisions of the State Council, and other subsidies and allowances that are exempt from individual income tax as prescribed by the State Council."


II. Article 18 shall be amended as: "The 'total amount of incomes in a tax year' as mentioned in Item 3, Paragraph 1, Article 6 of the Individual Income Tax Law refers to the incomes from profits, wages and salaries obtained by taxpayers according to the agreements on contracted management or leasehold management; and the 'deduction of necessary expenses' refers to the monthly deduction of RMB 1,600 Yuan."


III. A new article shall be added as Article 25: "The expenses paid for basic endowment insurance, basic medical care insurance, unemployment insurance and house accumulation fund by entities and individuals shall be deducted from the taxable incomes of taxpayers in accordance with the provisions of the state."


IV. Article 26 shall be changed into Article 27 and amended as: "The 'deduction of additional expenses' as mentioned in Paragraph 3 of Article 6 of the Individual Income Tax Law refers to the deduction of the expenses stipulated by Article 29 of this Regulations on the basis of the monthly deduction of RMB 1,600."


V. Article 35 shall be changed into Article 36 and amended as: "A taxpayer shall file tax returns to the competent taxation authority as required if he is under any of the following circumstances:

(1) His annual incomes exceed RMB 120 thousand Yuan;

(2) He obtains wages and salaries from two or more places within the territory of China;

(3) He obtains incomes from abroad;

(4) He obtains taxable incomes and there is no withholding agent; or

(5) Other circumstances as prescribed by the State Council.

A taxpayer with an annual income of RMB 120 thousand Yuan shall conduct tax declaration at the competent taxation authority within three months after the end of a year.

The measures for the administration of tax declaration places for taxpayers and other relevant matters shall be formulated by the State Administration of Taxation."


VI. A new article shall be added as Article 37: "The 'withholding declaration for all taxpayers and in full amount' as mentioned in Article 8 of the Individual Income Tax Law refers that a withholding agent shall, within one month after the taxes are withheld, report the basic information on the individuals with taxable incomes, the amount of taxable incomes, specific amount of the withheld taxes, the total amount thereof and other relevant tax information to the competent taxation authority.

The measures for the administration of withholding declaration for all the taxpayers and in full amount shall be formulated by the State Administration of Taxation."

In addition, the sequence of articles shall be adjusted accordingly.

This Decision shall come into force as of January 1, 2006.

The Regulation on the Implementation of the Individual Income Tax Law of the People's Republic of China shall be re-promulgated after it is revised according to this Decision.
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