Administrative Measures for Collecting Value-added Tax on Electric-power Products (Revised in 2018)
Administrative Measures for Collecting Value-added Tax on Electric-power Products (Revised in 2018)
Administrative Measures for Collecting Value-added Tax on Electric-power Products (Revised in 2018)
Order of the State Administration of Taxation No. 44
June 15, 2018
(Promulgated Order of the State Administration of Taxation No. 10 on December 22, 2004; and amended according to the Decision of the State Administration of Taxation on Revising Certain Departmental Rules of the Tax System on June 15, 2018)
Article 1 To strengthen the administration over the collection of the value-added tax (VAT) on electric-power products, these Measures have been formulated in accordance with the Law of the People's Republic of China on the Administration of Tax Levying, the Interim Regulations of the People's Republic of China on Value-added Tax, the Rules for the Implementation of the Tentative Regulations of the People's Republic of China on Value-added Tax, and other relevant provisions, while taking into consideration the reform of the power system and the features of the production and sales of electric-power products.
Article 2 Entities and individuals engaged in the production and/or sales of electric-power products shall be the taxpayers of the VAT on electric-power products, and they shall pay VAT under the present Measures.
Article 3 The taxable sales volume of electric-power products subject to VAT shall be the total prices and fees collected by a taxpayer from purchasers of electric-power products, but shall exclude the output taxes collected by the taxpayer. "Expenses other than prices" refer to the various fees charged by the taxpayer, apart from the listed power prices or network power prices.
If a deposit collected by a power-supply enterprise for a power bill is not refunded in due time (within the contractual time limit), it shall be included in the extra price (to pay the VAT).
Article 4 Depending on circumstances, the VAT on electrical products shall be collected in the following ways, respectively:
1. The VAT on electric-power products manufactured and sold by a power-generation enterprise (power plant, station or unit) shall be calculated under the following provisions:
(1) An independent accounting power-generation enterprise that produces and sells power products shall, under the existing provisions, file tax returns with the tax organ in the place where it is located. A non-independent accounting power-generation enterprise, with the status of an ordinary taxpayer, or with the accounting conditions of an ordinary taxpayer, shall, in accordance with the method for computing the VAT for an ordinary taxpayer compute the VAT on the power products produced and sold by it, and shall file tax returns with the local tax organ.
(2) Regarding power products manufactured and sold by a non-independent power-generation enterprise, without the status of an ordinary taxpayer, or without the accounting conditions of an ordinary taxpayer, the power-generation enterprise shall, based on the amount of electricity fed into the grid and the affirmed tax rate, compute the VAT to be paid in advance for the power-generation link, and shall file tax returns with the local tax organ.
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Order of the State Administration of Taxation No. 44
June 15, 2018
(Promulgated Order of the State Administration of Taxation No. 10 on December 22, 2004; and amended according to the Decision of the State Administration of Taxation on Revising Certain Departmental Rules of the Tax System on June 15, 2018)
Article 1 To strengthen the administration over the collection of the value-added tax (VAT) on electric-power products, these Measures have been formulated in accordance with the Law of the People's Republic of China on the Administration of Tax Levying, the Interim Regulations of the People's Republic of China on Value-added Tax, the Rules for the Implementation of the Tentative Regulations of the People's Republic of China on Value-added Tax, and other relevant provisions, while taking into consideration the reform of the power system and the features of the production and sales of electric-power products.
Article 2 Entities and individuals engaged in the production and/or sales of electric-power products shall be the taxpayers of the VAT on electric-power products, and they shall pay VAT under the present Measures.
Article 3 The taxable sales volume of electric-power products subject to VAT shall be the total prices and fees collected by a taxpayer from purchasers of electric-power products, but shall exclude the output taxes collected by the taxpayer. "Expenses other than prices" refer to the various fees charged by the taxpayer, apart from the listed power prices or network power prices.
If a deposit collected by a power-supply enterprise for a power bill is not refunded in due time (within the contractual time limit), it shall be included in the extra price (to pay the VAT).
Article 4 Depending on circumstances, the VAT on electrical products shall be collected in the following ways, respectively:
1. The VAT on electric-power products manufactured and sold by a power-generation enterprise (power plant, station or unit) shall be calculated under the following provisions:
(1) An independent accounting power-generation enterprise that produces and sells power products shall, under the existing provisions, file tax returns with the tax organ in the place where it is located. A non-independent accounting power-generation enterprise, with the status of an ordinary taxpayer, or with the accounting conditions of an ordinary taxpayer, shall, in accordance with the method for computing the VAT for an ordinary taxpayer compute the VAT on the power products produced and sold by it, and shall file tax returns with the local tax organ.
(2) Regarding power products manufactured and sold by a non-independent power-generation enterprise, without the status of an ordinary taxpayer, or without the accounting conditions of an ordinary taxpayer, the power-generation enterprise shall, based on the amount of electricity fed into the grid and the affirmed tax rate, compute the VAT to be paid in advance for the power-generation link, and shall file tax returns with the local tax organ.
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