China - Register for Stamp Duty Tax

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Procedure

Enterprises and their subsidiaries and production and business departments in other parts of the country, individual owners of industry and commerce and other undertakings engaged in production and business operation (hereinafter referred to as taxpayers engaged in production and business operations) should apply for tax registration with the local tax authorities where they carry out production and/or business operation.

Taxpayers shall receive tax registration forms from competent the tax authority or tax registration centers and complete them as required.

Competent the tax authority or tax registration centers shall examine and verify the documents, certificates, materials and tax registration forms submitted by taxpayers, issue tax registration certificates to those that meet the requirements and collect from them tax registration costs and administrative fees.

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Required Documents

• An industrial and commercial business license or other similar permit of business operation
• A contract, agreement and articles of association
• The unified organizational code
• The ID card, passport or other valid ID certificate of the legal representative, or responsible member of owner
• Other documents and information demanded by the tax authorities of a province, autonomous region or municipality directly under the State Council

Office Locations & Contacts

State Administration of Taxation
Address: Yangfangdian Road, Haidian District, on the 5th
Zip: 100038
Tel: 010-63417114
Website: http://www.chinatax.gov.cn

State Administration for Industry and Commerce People's Republic of China
Address: 8 Sanlihe Donglu, Xichengqu, Beijing, 100820, P. R. China
Phone: +86-10-68010463/68013447
Facsimile: +86-10-68010463/68013447
Email: [email protected]
Contact
Address

Eligibility

The following are taxable deeds and instruments:

• Contracts or other deeds and instruments in the nature of contracts of purchases and sales, processing, construction projects, lease of property, cargo shipment, storage and warehousing, loans, property insurance and technology transfers;
• Deeds of transfers of proprietary rights;
• Business account books;
• Certificates of rights and licenses;
• Other documents specified as taxable by the Ministry of Finance.

Fees

Explain the fees structure which is required for obtaining the certificate/document.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Instructions

A taxpayer should assess the amount of tax payable at different proportionate tax rates or by unit norms in the light of the nature of the deeds and instruments. The specific rates and amounts of tax should follow the "Table of Items and Rates of Stamp Tax" attached to the Regulations.

Required Information

• The name and the number of the ID card, passport or other valid ID document of the institution, legal representative or owner
• The residence or business address
• The type of registration
• The accounting system
• The form of production and business operation
• The scope of production and operation
• The total amount of capital (fund), investment
• The term of production and operation
• The name and telephone number of the financial chief
• Other information specified by the State Administration of Taxation

Need for the Document

The stamp tax is imposed on the entities and individuals executing or accepting the taxable instruments specified in tax laws during the economic activities and exchanges. In terms of the stamp tax, the tax amount payable shall be calculated at different proportionate tax rates in respect of the contract price or on the basis of a fixed amount per instrument, in the light of the nature of the taxable instruments.

Information which might help

The following are exempted from stamp tax:

• Duplicates or copies of those deeds on which stamp tax has been paid;
• Deeds of donations of property by the owner to the government, a public welfare institution or school;
• Other deeds free of stamp tax upon approval by the Ministry of Finance.

Other uses of the Document/Certificate

All institutions and individuals establishing or accepting deeds or other instruments cited in these Regulations within the territory of the People's Republic of China should be payers of stamp tax (hereinafter referred as the taxpayer) and pay stamp tax in accordance with the provisions of the Regulations.

External Links

Provisional Regulations on Stamp Tax of the Peoples Republic of China

Tax Law

State Administration for Industry and Commerce People's Republic of China

State Administration of Taxation of the People's Republic of China

Ministry of Commerce, the People's Republic of China

Tax Law

State Administration of Taxation

Others

There are four levels of proportionate tax rates, i.e. 1%, 0.5%, 0.3% and 0.05%. For instance, in terms of purchase and sale contract, the proportionate tax rate is 0.3% of the value of the purchase and sale; in terms of processing contract, 0.5% of processing fee or contracted receipts; in terms of property leasing contract, 1% of the lease amount; in terms of loan contract, 0.05% of the loan amount. In terms of the license or permit, a fixed amount of RMB 5 shall be paid for each instrument. The stamp tax shall be paid in a manner that taxpayers shall, in accordance with the provisions, calculate the tax amount payable, purchase and affix at one time the full corresponding amount of tax stamps. In terms of the equity transfer instrument, the stamp tax shall be respectively paid by the parties to such instrument at the rate of 3% in respect of the amount calculated on the basis of the actual transaction price on the securities market upon the date of execution of such instrument.