seven
days of the following month and final settlement shall be made
within three months from the end of the tax year, with a refund for
any overpayment or a supplemental payment for any deficiency.
The tax amount payable on income derived by enterprises and
institutions from contracting or leasing operations shall be computed
on annual basis and paid and turned over to the State treasury by
withholding agents with tax returns being submitted to the tax
authorities within 30 days after the end of a tax year. If the
taxpayers derive income from contracting or leasing operations by
installments, the tax amount payable shall be paid in advance within
seven days after each payment is obtained and final settlement shall be
made within three months after a tax year, with a refund for any
overpayment or a supplemental payment for any deficiency.
Taxpayers who earn incomes from outside the territory of China must
pay the taxes due to the State treasury and submit the tax returns to
the tax authorities within 30 days after the end of each year.
Article 10. All categories of income shall be computed in terms
of Renminbi. Income in foreign currency shall be taxed on the
equivalent amount converted into Renminbi according to the foreign
exchange rate quoted by the State Administration of Exchange Control
of the People's Republic of China.
Article 11. A service fee of 2% of the amount of the tax withheld
shall be paid to the withholding agents.
Article 12. The collection and management of individual income
tax shall follow the provisions of the "Provisions of the People's
Republic of China on the Collection and Management of Taxes".
Article 13. Rules for the implementation of this law shall
be formulated by the State Council.
Article 14. The law shall be enforced as of the date of promulgation.
Table 1 Individual Income Tax Rates
(Applicable to income form wages and salaries)
Grade Monthly Taxable Income Rate (%)
1 Not in excess RMB 500 5
2 In excess of RMB 500 up to RMB2,000 10
3 In excess of RMB 2,000 up to RMB
5,000 15
4 In excess of RMB 5,000 up to RMB
20,000 20
5 In excess of RMB 20,000 up to
RMB 40,000 10
6 In excess of RMB 40,000 up to
RMB 60,000 30
7 In excess of RMB 60.000 up to
RMB 80,000 35
8 In excess of RMB 80,000 up to
RMB 100,000 40
9 In excess of RMB 100,000 45
(Note: The monthly taxable income refers to the amount in excess
the standard allowance of expenses of RMB 800 or additional
expenses according to the provisions of Article 6 of this law.
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