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After the Circular of the State Administration of Taxation on the Relevant Issues concerning the Administration of Tax Refund (Exemption) of Exported Goods (No.64 [2004] of the State Administration of Taxation) was distributed, some regions asked for instructions on such issues regarding the taxation treatment for those goods that fail to be declared for tax refund within the prescribed period and the application for the postponement of declaration for tax refund (exemption). Upon deliberation, we hereby notify as follows: I. For those goods that fail to be declared to the tax refund department of the administrative tax authority for the tax refund for export by any foreign trade enterprise within 90 days as of the date of goods declaration for export (in line with the export date as indicated in the declaration form of exported goods (exclusively used for the tax refund for export)), except those concerning which there are otherwise provisions or that are subject to special reasons and have obtained the approval of the tax authority above the city (prefecture) level, the relevant enterprise shall make tax return to the collection department of the administrative tax authority and calculate the output tax payable. Where the aforesaid goods fall into the catalogue of taxable consumer goods, the enterprise thereof shall make declaration according to the relevant provisions on the consumption tax. II. A foreign trade enterprise shall calculate and deduct the output tax payable or calculate the payable tax amount: (1) Calculation formula for the output tax payable of general taxpayers: Output tax payable=(Off-shore price of exported goods x Foreign exchange quotation of Renminbi)/(1+Legal VAT rate) x Legal VAT rate (2) Calculation formula for the payable tax amount of small-scale taxpayers: Tax payable amount=((Off-shore price of exported goods x Foreign exchange quotation of Renminbi)/(1+Taxation rate) x Taxation rate III. For those goods that are exported in the trade form of processing with imported materials but fails to be declared for the tax refund for export within the prescribed time limit, the export enterprise thereof shall calculate and deduct the output tax payable or calculate the payable tax amount on the basis of the margin between the off-shore price of those goods as exported again and the price of imported materials as consumed. IV. Where an export enterprise applies for the postponement of the declaration of tax refund (exemption) of exported goods, the tax refund department of the administrative tax authority shall perform its duty according to the provisions of Article 3 of Document No. 64[2004] of the State Administration of Taxation and Article 1 of the Supplementary Circular of the State Administration of Taxation on the Relevant Issues concerning the Administration of Tax Refund (Exemption) of Exported Goods (No. 113[2004] of the State Administration of Taxation). Besides, where an export enterprise sets forth a justifiable explanation in written form, upon the examination and approval of the tax authority at or above the city / prefecture level, it may declare to handle the tax refund (exemption) within the term as approved. V. In order to effectively carry out the aforesaid provisions, the tax authority in all regions shall intensify the connection between tax collection and tax refund, and establish and improve the working system and administrative measures regarding the communication and collaboration between the departments of tax collection and tax refund. VI. The present Circular shall come into force as of May 1, 2005. |
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