China - Summary Of The PRC Tax Regulations Issued In Response To The COVID-19 Outbreak.

Legal News & Analysis - Asia Pacific - China - Tax

20 March, 2020

 

Recently, the PRC Ministry of Finance, the State Taxation Administration and the General Administration of Customs jointly issued a series of tax policies with regard to the outbreak of COVID-19 in China. The newly issued regulations cover tax and customs items including tax deductions on donation expenditure, tax exemptions on specific imported materials, tax preferential policies for specific industries and medical workers and facilitating measures for tax administration and collection. For the reader’s easy reference, we summarize the key information of these tax related circulars. 

 

As of February 14 2020, the Ministry of Finance, the State Taxation Administration and the General Administration of Customs have jointly issued several circulars to support the epidemic’s prevention and control, prompt the relevant enterprises’ development and lighten the tax burden of the taxpayer affected by this epidemic. According to the contents specified in the relevant circulars, we have categorized the tax policies into the following five categories: 1. Corporate Income Tax (“CIT”); 2. Individual Income Tax (“IIT”); 3. Valued-Added Tax (“VAT’), Consumption Tax (“CT”) and other taxes; 4. Imported Materials; and 5. Tax Administration and Collection. 

 

The applicable period of the relevant tax policies is shown in the table below:

 

Category

Applicable Period

1. CIT

2. IIT

3. VAT, CT and Other Taxes

Came into force from January 2020, and the deadline will be published depending on the epidemic situation

4. Imported Materials

From January 1 2020 to March 31 2020

5. Tax Administration and Collection

In February 2020 or a time determined by the tax authority at the provincial level based on the epidemic situation and reported to the State Taxation Administration for record-filing 

 

 

1. CIT

 

Application Scope

Major Content

Supporting Circular

Notes

Enterprises engaged in manufacturing key support materials for epidemic prevention and control

The cost/expense of newly purchased related equipment for expanding production capacity is  allowed to be deducted as a one-off expenditure before CIT

Announcement [2020] No.8 by the Ministry of Finance and State Taxation Administration

The list of enterprises engaged in manufacturing key support materials for epidemic prevention and control is determined by the Development and Reform Commission and the Industry and Information Department at the provincial level or above

Enterprises significantly affected by the epidemic

For the tax loss incurred in 2020, the maximum carry forward period is increased from five to eight years

Announcement [2020] No.8 by the Ministry of Finance and State Taxation Administration

The enterprises significantly affected by the epidemic include transport, catering, accommodation and tourism enterprises (referring to travel agencies and related services, and the management of tourist attractions).

 

The detailed classification refers to the prevailing National Industry Classification.

 

The prime operating revenue in 2020 of the aforesaid enterprises shall account for 50% or above of the total revenue (excluding the non-taxable revenue and investment income) 

CIT payer

Expenditure incurred for the donation of cash and articles to cope with the epidemic situation caused by SARS-CoV-2 through non-profit social organizations, local governments at the county level or above and their departments or other state organs is allowed to be fully deducted before CIT

Announcement [2020] No.9 by the Ministry of Finance and State Taxation Administration

 

CIT payer

Expenditure incurred for the donation of articles directly to hospitals undertaking epidemic prevention and control to cope with the epidemic situation caused by SARS-CoV-2 is allowed to be fully deducted before CIT

Announcement [2020] No.9 by the Ministry of Finance and State Taxation Administration

Receipts issued by hospitals undertaking epidemic prevention and control shall support the tax deduction

Application Scope

Major Content

Supporting Circular

Notes

Enterprises engaged in manufacturing key support materials for epidemic prevention and control

The cost/expense of newly purchased related equipment for expanding production capacity is  allowed to be deducted as a one-off expenditure before CIT

Announcement [2020] No.8 by the Ministry of Finance and State Taxation Administration

The list of enterprises engaged in manufacturing key support materials for epidemic prevention and control is determined by the Development and Reform Commission and the Industry and Information Department at the provincial level or above

Enterprises significantly affected by the epidemic

For the tax loss incurred in 2020, the maximum carry forward period is increased from five to eight years

Announcement [2020] No.8 by the Ministry of Finance and State Taxation Administration

The enterprises significantly affected by the epidemic include transport, catering, accommodation and tourism enterprises (referring to travel agencies and related services, and the management of tourist attractions).

 

The detailed classification refers to the prevailing National Industry Classification.

 

The prime operating revenue in 2020 of the aforesaid enterprises shall account for 50% or above of the total revenue (excluding the non-taxable revenue and investment income) 

CIT payer

Expenditure incurred for the donation of cash and articles to cope with the epidemic situation caused by SARS-CoV-2 through non-profit social organizations, local governments at the county level or above and their departments or other state organs is allowed to be fully deducted before CIT

Announcement [2020] No.9 by the Ministry of Finance and State Taxation Administration

 

CIT payer

Expenditure incurred for the donation of articles directly to hospitals undertaking epidemic prevention and control to cope with the epidemic situation caused by SARS-CoV-2 is allowed to be fully deducted before CIT

Announcement [2020] No.9 by the Ministry of Finance and State Taxation Administration

Receipts issued by hospitals undertaking epidemic prevention and control shall support the tax deduction

 

2. IIT

 

Application Scope

Major Content

Supporting Circular

Notes

IIT payer

Expenditure incurred for the donation of cash and articles to cope with the epidemic situation caused by SARS-CoV-2 through non-profit social organizations, local governments at the county level or above and their departments or other state organs is allowed to be fully deducted before CIT

Announcement [2020] No.9 by the Ministry of Finance and State Taxation Administration

 

IIT payer

Expenditure incurred for the donation of articles directly to hospitals undertaking epidemic prevention and control to cope with the epidemic situation caused by SARS-CoV-2 is allowed to be fully deducted before CIT

Announcement [2020] No.9 by the Ministry of Finance and State Taxation Administration

The tax deduction shall be supported by  receipts issued by hospitals undertaking epidemic prevention and control

Medical staff and anti-epidemic workers participating in epidemic prevention and control

The temporary subsidies and bonuses obtained according to the standards specified by governments are exempt from IIT

Announcement [2020] No.10 by the Ministry of Finance and State Taxation Administration

The standards specified by governments include the standards for subsidies and bonuses stipulated by governments at all levels.

The aforesaid tax exemption policy shall apply mutatis mutandis to the temporary subsidies and bonuses obtained by those who participate in epidemic prevention and control according to the provisions of government at the provincial level or above

IIT payer

Drugs, medical supplies, protective equipment and so on (not including cash) distributed by entities to individuals to prevent the infection of SARS-CoV-2 will not be included in the IIT taxable income

Announcement [2020] No.10 by the Ministry of Finance and State Taxation Administration

 

 

3. VAT, CT and other taxes

 

Application Scope

Major Content

Supporting Circular

Notes

Enterprises engaged in manufacturing key support materials for epidemic prevention and control

The qualified taxpayer is allowed to apply for a full refund of the increment of accumulated input-VAT on a monthly basis to the in-charge tax authority

Announcement [2020] No.8 by the  Ministry of Finance and State Taxation Administration

The list of enterprises engaged in manufacturing key support materials for epidemic prevention and control is determined by the Development and Reform Commission and the Industry and Information Department at the provincial level or above

VAT payer

Revenue derived from transporting key support materials for epidemic prevention and control is exempted from VAT

Announcement [2020] No.8 by the  Ministry of Finance and State Taxation Administration

The list of key support materials for epidemic prevention and control is determined by the National Development and Reform Commission and the Ministry of Industry and Information Department

VAT payer

Revenue derived from providing public transportation services, consumer services and collection and delivery services for residents’ daily necessities is exempted from VAT

Announcement [2020] No.8 by the  Ministry of Finance and State Taxation Administration

The scope of the aforementioned services shall be implemented in accordance with Caishui [2016] No.36

VAT, CT payer

Where entities and individual businesses donate goods that are self-produced, processed or purchased, through non-profit social organizations, local governments at the county level or above and their departments or other state organs, as well as directly to hospitals undertaking epidemic prevention and control to cope with the epidemic situation caused by SARS-CoV-2, VAT, CT, City Construction and Maintenance Tax, Education Surcharges and Local Education Surcharge, shall all be exempted

Announcement [2020] No.9 by the  Ministry of Finance and State Taxation Administration

 

 

4. Imported Materials

 

Application Scope

Major Content

Supporting Circular

Notes

Imported materials donated to recipients for the prevention and control of SARS-CoV-2

The scope of duty-free imports specified in the Interim Measures for the Exemption of Import Duties on Charitable Donations will be appropriately expanded, and imported materials donated for epidemic prevention and control will be exempted from import duties and import VAT and CT.

(1) Add reagents, disinfectants, protective articles, ambulances, epidemic prevention vehicles, disinfection vehicles and emergency command vehicles to the scope of imported materials.

(2) The scope of the tax exemption is expanded for the relevant domestic government departments, enterprises and public institutions, social groups, individuals and foreign citizens in or coming to in China to import materials from overseas or special customs supervision zones and make direct donations; and donations from domestic processing trade enterprises.

(3) The scope of the donee is expanded to provincial civil affairs authorities or their designated agencies

Announcement [2020] No.6 by the  Ministry of Finance

Announcement [2015] No.102 by the  Ministry of Finance, General Administration of Customs and State Taxation Administration

Imported materials without definite donees shall be received by the Red Cross Society of China, the All-China Women's Federation, the China Disabled Persons' Federation, the China Charity Federation, the China Primary Health Care Foundation, the China Soong Ching Ling Foundation or the China Cancer Research Foundation as donees

 

 

5. Tax Administration and Collection

 

Application Scope

Major Content

Supporting Circular

Notes

axpayers and withholding agents subject to monthly tax filing

(Nationwide)

The statutory time limit for tax filing in February 2020 will be extended to February 24, 2020

Shuizonghan [2020] No. 19

Taxpayers and withholding agents affected by the epidemic who still face difficulties in filing tax returns after the said time limit extension in February 2020, may apply for a further extension in accordance with the law

Taxpayers and withholding agents subject to monthly tax filing

(Hubei Province)

In addition to the above, the time limit may be extended appropriately depending on the circumstances. The specific time limit will be determined by the provincial tax authorities and reported to the State Taxation Administration for record filing

Shuizonghan [2020] No. 19

 

The epidemic caused by SARS-CoV-2 continues to spread in China and globally. JunHe’s taxation team will continue to follow up with regards to the relevant tax policies. We hereby express our sincerest thanks to all the medical workers fighting on the frontline of this epidemic and we wish everyone good health and prosperity. 

 

Jun He 4  

 

For further information, please contact:
 

ZHAO, Tingting, Counsel, Jun He

zhaott@junhe.com