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In 2001, the Ministry of Finance, the State Administration of Taxation and the former Ministry of Foreign Trade and Economic Cooperation jointly promulgated the "Notice on the Issues of Exempting Value-added Tax from the Purchase of Goods in China for Projects Gratuitously Aided by Foreign Governments and International Organizations" (No. 2 [2002] of the Taxation Department of the Ministry of Finance), clarifying the policy of exempting value-added tax from the purchase of goods in China for the projects gratuitously aided by foreign governments and international organizations. We hereby formulate the supplementary provisions as follows regarding the procedures for approval of the declarations made by World Bank and other international organizations and foreign governments under unified administration of the Ministry of Finance for exempting tax from the purchase of goods in China for gratuitously aided projects under fiscal cooperation to China: I. The exemption of value-added tax for the purchase of goods in China for the projects gratuitously aided by foreign governments and international organizations under unified administration of the Ministry of Finance, shall be governed by the relevant provisions in the "Measures for the Exempting of Value-added Tax from the Purchase of Goods in China for Projects Gratuitously Aided by Foreign Governments and International Organizations (for Trial Implementation) ", which are attached to Decree No. 2 [2002] of the Taxation Department of the Ministry of Finance. That is, after a project is established, the purchaser of goods needed in an aided project (hereinafter referred to as purchaser) shall, jointly with the project entity, submit an application for exempting tax from the purchase of goods simultaneously to both the competent department under the Ministry of Finance and the State Taxation Administration. The contents of the application shall include: name of the aided project, the aiding party and aided entity, the sales contract (photocopy) concluded between the purchaser and the supplier, etc. The applicants shall also fill out the "Detailed Table on the Purchase of Goods in China for Projects Gratuitously Aided by Foreign Governments and International Organizations", while the supplier shall, after concluding the sales contract, submit the contract (photocopy) to the taxation organ at the enterprise's locality for archival purposes. The competent department under the Ministry of Finance shall, after receipt of the application of the purchaser and the project entity for exempting tax for the purchase, verify the authenticity of the relevant contents of the project, and whether the purchase of goods is needed in the aided project, and so on; and shall, after making sure that no error exist in the aforementioned contents, issue to the State Taxation Administration a testifying document on inerrability of the contents in application. The State Taxation Administration shall, after receipt of the application of the purchaser and the project entity for tax exemption as well as the testifying document issued by the competent department under the Ministry of Finance, verify via the taxation organ at the supplier's locality the relevant information on the goods for which the application is file for tax exemption, and shall issue a testifying document to the State Taxation Administration. If the testifying document issued by the local competent taxation organ is consistent with that issued by the Ministry of Finance, the State Taxation Administration shall distribute to the competent taxation organ at the supplier's locality the documents on exemption of value-added tax for the relevant goods sold by the supplier, and meanwhile make copies to the competent department under the Ministry of Finance, the purchaser and the project entity. II. All other tax exemption matters shall be governed by the relevant provisions in Decree No. 2 [2002] of the Taxation Department of the Ministry of Finance. III. "Name List of International Organizations" added to Decree No. 2 [2002] of the Taxation Department of the Ministry of Finance Add: European Investment Bank, shortened as EIB Global Environment Facility shortened as GEF IV. The above provisions shall come into force on the date when this Document is served. In addition, there are some errors in the English spelling of the names of a few international organizations in the "Name List of International Organizations" of Decree No. 2 [2002] of the Taxation Department of the Ministry of Finance, which are hereby corrected as follows: 1. The English spelling for 国际复兴开发银行(世界银行) is: International Bank for Reconstruction and Development, shortened as IBRD (World Bank) 2. The English spelling for 国际金融公司 is: International Finance Corporation, shortened as IFC 3. The English spelling for亚洲开发银行 is: Asian Development Bank, shortened as ADB |
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