Operational Guidelines for the Confirmation of Tax Exemption for Imported Equipment for Foreign Investment Projects
Published: 2011-08-10
I. Scope of Application The equipment imported for self-use by foreign-invested projects in compliance with the "Industrial Guidance Directory for Foreign Investment" within the total amount of investment is exempted from customs duties except for the commodities listed in the "Catalogue of Imported Commodities Not Exempted from Duties and Taxes for Foreign-Invested Projects".
Second, the authority to handle In accordance with the current state regulations, the total investment of 30 million U.S. dollars and above, the tax exemption confirmation of the project, by the Provincial Development and Reform Commission of the initial examination and forwarded to the National Development and Reform Commission for processing. The total investment of 30 million U.S. dollars in the following projects tax exemption confirmation by the Provincial Development and Reform Commission. Projects within the jurisdiction of the province shall take one-time confirmation to handle the tax exemption confirmation. If the major projects reported to the state need to be processed in batches, it shall not be more than 2 times in 1 year.
Third, the processing procedures
1, by the municipal development and Reform Commission or the relevant departments of the provincial government, directly under the institutions, the provincial enterprises, the planned enterprise group (hereinafter referred to as the relevant units) to the Provincial Development and Reform Commission to apply;
2, the Provincial Development and Reform Commission in the receipt of eligible declaration materials, within 7 working days of the issuance of tax-exempt confirmations or the completion of the preliminary examination and forwarding to the National Development and Reform Commission.
Four, the required materials
1, Municipal Development and Reform Commission or the relevant units to request documents (format see Annex 1)
2, for the project tax exemption confirmation of the list of imported equipment (format see Annex 2)
3, the project application report (with a table of imported equipment) and its approval documents
4, the certificate of approval of foreign investment enterprises and enterprise Business license
5, project environmental assessment and land use approval
6, according to the relevant laws and regulations should provide other materials Note: The above materials, except for the imported equipment list in a form of six copies, the other two copies
Fifth, the confirmation of changes in the confirmation of project tax exemption confirmation issued in the implementation of the project tax exemption confirmation of the extension of the project, the list of imported equipment and the project to adjust the amount of foreign exchange and other matters. After the issuance of the confirmation of project tax exemption, if there is a need to extend the confirmation of project tax exemption, adjust the list of imported equipment and the amount of foreign exchange for the project in the course of implementation, the municipal development and reform commissions (or the relevant units) shall apply for the change of the validity period of the original confirmation of project tax exemption, and the Provincial Development and Reform Commission shall, according to its authority, issue the formalities for the change of the confirmation of project tax exemption or forward them to the National Development and Reform Commission.
Sixth, the preliminary examination notes
1, to clearly grasp the scope of application of the confirmation of tax exemption for foreign investment projects. Where in line with the "Industrial Guidance Catalog for Foreign Investment" encourages all types of foreign investment projects, are entitled to enjoy the preferential policies of imported equipment exemption from customs duties. The foreign investment projects include Sino-foreign equity joint ventures, Sino-foreign cooperative ventures, wholly foreign-owned enterprises, foreign-funded partnership investments, mergers and acquisitions of domestic enterprises by foreign investors, capital increase and reinvestment projects of foreign-invested enterprises (including foreign-invested enterprises converted through overseas listings), and other foreign-invested projects.
2. The industrial policy entries applicable to the tax exemption shall be carefully reviewed. The industrial policy basis for the confirmation of tax exemption for foreign-invested projects is different from that of domestic-invested projects and foreign preferential loan projects, which is based on the "Catalogue of Industry Guidance for Foreign Investment" to define the industrial policy entries applicable to the project. If you are not sure about the applicable industrial policy entries of the project, you should consult the competent department of the industry above the provincial level or the opinion of the industry association.
3, to carefully review the project approval documents of the statute of limitations. Development and Reform Commission at all levels to track the progress of the project in a timely manner, to guide the project unit in the project approval documents within the validity period, for tax exemption confirmation procedures. If the project approval documents expire or if there are significant changes in the project legal entity, construction location, construction content, equipment purchase program, etc. during the implementation of the project, the original approval department of the project should first handle the additional approval procedures of the project before applying for the confirmation of tax exemption of the project.
4. Pay attention to the consistency of related materials. To review the project approval documents and the application report content is consistent; review the list of imported equipment and the project application report of imported equipment table is consistent; imported equipment list format is consistent with the standard requirements; imported equipment list can not appear in the empty rows or empty columns.
Annex 1: foreign investment projects imported equipment tax exemption request document format
Annex 2: list of imported equipment (total investment of 30 million U.S. dollars and above)
List of imported equipment (total investment of less than 30 million U.S. dollars)