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CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON TAX REFUND (EXEMPTION) OF EXPORTED PRODUCTS WITH GOLD INGREDIENT |
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(No. 59[2005] of the State Administration of Taxation, April 5, 2005) |
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SUBJECT : TAX REFUND; EXPORTED PRODUCTS; GOLD INGREDIENT |
ISSUING DEPARTMENT : THE STATE ADMINISTRATION OF TAXATION |
ISSUE DATE : 04/05/2005 |
IMPLEMENT DATE : 04/05/2005 |
LENGTH : 488 words |
TEXT : |
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Recently, we received letters from some regions requesting for instructions on whether the tax refund (exemption) of those exported products as processed with the raw material of gold shall be handled in light of the policies for exported gold ornaments. Upon deliberation, we hereby clarify this issue as follows:
Taking the real situation into consideration that, at the present time, the state adopts a refunding upon collection policy or tax exemption policy on gold, since May 1, 2005, the taxation of those exported products that are processed with gold as the major raw material (the value of gold accounts for more than 50% of the material cost of exported products, the same hereinafter), namely, gold chloride, Chloroaurie acid crystal or AuCl3 crystal (the customs serial number is 2843300090, the standard commodity name is "other gold chemical compounds", the Chinese name printed in the declaration form of exported goods is “trichloride (三氯化金晶体)”), and "Au-Si nanometer conductive adhesive (Au-Si型纳米级导电胶)" (the customs serial number thereof in 2003 is 3824909090, the standard commodity name is "other chemical products whose serial numbers are unlisted", the customs serial number thereof in 2004 is 3824909030, the standard commodity name is "electrode paste", the Chinese name printed in the declaration form of exported goods is "AU-Si- nano electric conductive adhesive (AU-Si型纳米级导电胶)") shall be subject to the provisions of Article 3 of the Circular of the Ministry of Finance and the State Administration of Taxation on Tax Policies of Gold (No.142[2002] of the Ministry of Finance). That is, in the export of those aforesaid products, those parts with gold as the major raw material may not enjoy any tax refund, and the tax income amount shall be calculated into product costs. The tax on any other raw material or any added value from processing may be refunded (exempted).
The executive date of the aforesaid provision shall be in line with the export date as indicated in the declaration form of exported goods (exclusively used for export tax exemption). For those goods processed with gold as the major raw material that are exported by export enterprises before May 1, 2005, where the raw material of gold accounts for more than 80% of the material cost of exported goods, the local taxation authority of the export enterprise shall carry out a letter investigation to the taxation authority in the supplying place of product resources to find out whether or not the business operation of the supplying enterprise is normal in recent years, whether or not there is any abnormality in the trade between the supplying enterprise and the export enterprise, whether or not the income invoice of the supplying enterprise is normal and to check the tax payment thereof, etc. so as to refund(exempt) taxes for those that are excluded from the suspect of tax fraud. For those that cannot be excluded from the suspect of tax fraud, the tax thereof shall not be refunded (exempted) for the time being.
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