Announcement of the State Administration of Taxation on Issuing the Revised Provisions on Several Issues Concerning the Resource Tax

Announcement of the State Administration of Taxation on Issuing the Revised Provisions on Several Issues Concerning the Resource Tax
Announcement of the State Administration of Taxation on Issuing the Revised Provisions on Several Issues Concerning the Resource Tax

Announcement of the State Administration of Taxation [2011] No.63

November 28, 2011

According to the revised Interim Regulations on Resources Tax and its implementing rules, the Revised Provisions on Several Issues Concerning the Resource Tax is hereby issued and will come into effect on November 1, 2011.

The Announcement is hereby made.

Provisions on Several Issues Concerning the Resource Tax

I.Determination of sales amount in some special circumstances
If a taxpayer exploits taxable products and makes any of its associated entities to sell them, resources tax shall be collected according to the sales amount of the associated entity.
If a taxpayer sells taxable products and uses such products for any self-use purposes other than the continuous production of the taxable products, for the taxable products which are used for self-use purposes, resources tax shall be collected according to the sales amount calculated at the average price of taxable products sold by the taxpayer.
If a taxpayer directly exports taxable products exploited by it, resources tax shall be collected according to the sale amount calculated at the FOB price of the products (not including VAT).

II.Taxable amount of products self-produced for self use
For taxable products self-produced for self-sue by taxpayers for resources tax, if the taxable amount is derived by using the conversion ratio due to inability to accurately provide the amount of the products transferred for use, specific provisions are as follows:
For coal, if it is unable to correctly calculate the amount of raw coal transferred for use before the continuous processing, the amount of raw coal derived by converting the actual sales amount of the processed products and the self-use amount of the processed products according to the comprehensive recycling ratio of the processed products shall be regarded as the taxable account.
For the raw ores for metal and non-metal mineral products, if it is unable to accurately calculate the amount of raw ores transferred for use by a taxpayer, the amount of raw ores derived by converting the concentrate according to the concentration ratio shall be regarded as the taxable amount.

III.Scope of taxation for products self-produced for self use
Products self-produced for self use deemed as the sold products and subject to resources tax as mentioned in the Regulations on Resources Tax and its implementing rules include products for non-production projects and products for producing non-taxable products.

IV.The standards for the amount of tax (tax rate) applicable to withholders of resources tax are as follows:
1.
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