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	PROVISIONS ON ISSUES OF TAX POLICY CONCERNING COLLECTION OF TAXES ON IMPORTED GOODS BY THE CUSTOMS IN THE LINK OF IMPORT

	(Notice of the Ministry of Finance, the Customs General Administration, and the State Administration of Taxation on Printing and Distributing the "Provisions on Issues of Tax Policy concerning Collection of Taxes on Imported Goods by the Customs in the Link of Import" (No. 7[2004] of the Ministry of Finance and State Administration of Taxation) March 16, 2004: The Provisions on Issues of Tax Policy concerning Collection of Taxes on Imported Goods by the Customs in the Link of Import, which have been approved by the State Council, is formulated; shall come into force as of January 1, 2004)


SUBJECT : IMPORT; TAX COLLECTION
ISSUING DEPARTMENT : THE MINISTRY OF FINANCE OF THE PEOPLE'S REPUBLIC OF CHINA, CUSTOMS GENERAL ADMINISTRATION, THE STATE ADMINISTRATION OF TAXATION
ISSUE DATE : 03/16/2004
IMPLEMENT DATE : 01/01/2004
LENGTH : 681 words
TEXT :

I. The taxpayers may not pay import value-added tax and consumption tax for the following goods that enter our country temporarily upon the approval of the customs, if the taxpayers have paid deposit equivalent to the amount of tax payable or have provided other guarantee to the customs when they enter our country, and the goods shall be re-transported out of the territory within 6 months from the date of entering our country. And the customs may extend the time limit for re-transportation out of the territory upon the application of the taxpayers and according to the provisions of the Customs General Administration:

(1) Goods showed or used at the exhibitions, trade fairs, conferences and in the similar activities;

(2) Articles for performance or games used in cultural or physical training exchange;

(3) Apparatus, equipment and articles used for making news report or producing a film or TV program;

(4) Apparatus, equipments and articles used for carrying out scientific research, teaching or medical treatment activities;

(5) Vehicles and special types of vehicles used in such activities listed in items 1 to 4 of the present paragraph;

(6) Samples of goods;

(7) Apparatus and tools used for installation, debugging or testing equipment;

(8) Containers for containing goods;

(9) Other goods used for non-commercial purposes.

Where the goods temporarily permitted to enter our country listed above fail to be re-transported out of the territory, the customs shall collect import value-added tax and consumption tax on them according to law.

Other goods permitted to enter our country temporarily not falling within the scope of exemption of import value-added tax and consumption tax temporarily listed above, the import value-added tax and the consumption tax shall be calculated and collected respectively in accordance with the composite assessable price of the goods and the time of their stay within the territory of China as well as the time of depreciation.

II. Import value-added tax and consumption tax shall not be collected on the similar goods, which are compensated free of charge or replaced by the consignors, carriers of the imported goods or the insurance companies due to damage, shortage, poor quality or unconformity of the specifications. If the former imported goods, which are replaced free of charge are not re-transported out of the territory, the customs shall collect import value-added tax and consumption tax on them again as required.

III. Goods of a consignment on which the amount of import value-added tax is estimated to be less than RMB 50 Yuan shall be exempted from paying the value-added tax; and the goods of a consignment on which the amount of consumption tax is estimated to be less than RMB 50 Yuan shall be exempted from paying the import consumption tax.

IV. The advertisement articles and the samples of goods, which are of no commercial value, shall be exempted from paying the import value-added tax and consumption tax.

V. Goods and materials donated by foreign governments or international organizations shall be exempted from paying the import value-added tax and consumption tax.

VI. Where the imported goods have suffered losses before being released by the customs, they shall be exempted from import value-added tax and consumption tax. Where the goods are damaged before being released by the customs, their duty-paid value and tariff in the formula of composite assessable price of the import value-added tax and consumption tax composition shall be determined in accordance with the actual value of the imported goods confirmed by the customs after they are damaged, and the import value-added tax and consumption tax shall be calculated and collected according to law.

VII. The necessary fuels, materials and foods and provisions for use en route loaded on any means of conveyance, which are in transit across the frontier shall be reduced or exempted from paying import value-added tax and consumption tax.

VIII. Where the relevant laws and administrative regulations prescribe that the imported goods may be reduced or exempted from paying import tax by the customs, the customs shall comply with them accordingly.

IX. The present Provisions shall be implemented as of January 1, 2004.