Announcement of the State Administration of Taxation on Promulgating the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Operating Leasing Services Provided by Taxpayers

Announcement of the State Administration of Taxation on Promulgating the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Operating Leasing Services Provided by Taxpayers
Announcement of the State Administration of Taxation on Promulgating the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Operating Leasing Services Provided by Taxpayers

Announcement of the State Administration of Taxation [2016] No.16

March 31, 2016

The State Administration of Taxation ("SAT") has formulated the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Operating Leasing Services Provided by Taxpayers, which are hereby promulgated and become effective May 1, 2016.

The Announcement is hereby given.

Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Operating Leasing Services Provided by Taxpayers

Article 1 These Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Operating Leasing Services Provided by Taxpayers (hereinafter referred to as these "Measures") are formulated in accordance with the Circular of the Ministry of Finance and the State Administration of Taxation on Comprehensively Promoting the Pilot Program of the Collection of Value-added Tax in Lieu of Business Tax (Cai Shui [2016] No.36) as well as the current provisions on value-added tax ("VAT").

Article 2 These Measures shall apply to the lease by taxpayers of the real estate obtained by them by way of operating leases (hereinafter referred to as the "lease of real estate").
The obtained real estate includes the real estate obtained by means of direct purchase, acceptance of donations and equity investment, self-construction, debt payment or otherwise.
These Measures shall not apply to the provision of road access services by taxpayers.

Article 3 The lease of real estate by a general taxpayer shall be subject to VAT in accordance with the following provisions:
1. In case that a general taxpayer leases the real estate obtained by it prior to April 30, 2016, it may adopt the simple tax calculation method and calculate the tax payable at a levy rate of 5%.
In case that the real estate is located in a county (city or district) other than the place where the taxpayer is located, the taxpayer shall prepay tax to the competent SAT office at the place where the real estate is located according to the above tax calculation method and file a tax return to the competent SAT office at the place where the taxpayer is located.
In case that the real estate is located in the county (city or district) where the taxpayer is located, the taxpayer shall file a tax return to the competent SAT office at the place where the taxpayer is located.
2.
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