Examination And Approval Of Tax Exemption For Imported Equipment Of Foreign Invested Enterprises

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I. Business Overview

According to the relevant regulations of the state, certain equipment imported by foreign-invested enterprises may be exempted from customs duties and import value-added tax.

* the specific provisions are:

The enterprises approved to be established in March 31st 1.1996 years ago will import their own equipment in the total amount of investment. Except for the twenty commodities that the state does not grant tax exemption, customs and value-added tax can be exempted.

From April 1st to December 31, 1997, 2.1996 enterprises approved to import their own equipment in the total amount of investment can be exempted from customs duties and value-added tax in addition to the commodities listed in the catalogue of goods not exempted from foreign investment.

3.1998 years after January 1st, the enterprises approved and established in accordance with the guidance catalogue of foreign investment industry encouraged or restricted class B projects, and imported their own equipment in the total amount of investment. Except for goods listed in the catalogue of goods not exempted from foreign investment, customs duties and import value-added tax can be exempted.

The above equipment is exempt from taxation and must go through the examination and approval procedures at the customs first.

After examination and approval, the customs issue the certificate of tax exemption to the enterprise, and the enterprise shall handle the exemption and exemption formalities in the customs clearance section with the certificate of tax exemption.

Two, work basis

Customs Law of the People's Republic of China

Import and export duties ordinance of the People's Republic of China

Regulations of the People's Republic of China Customs on the supervision and tax exemption of foreign invested enterprises' import and export commodities

Three. Offices

Customs and Customs Department of Shanghai

Customs and regulatory stations of Shanghai customs

Four, prepare for work

1. Qualifications that should be possessed: foreign investment enterprises established according to the provisions of the state according to law.

2, the documents required to provide:

(1) foreign invested enterprises applying for tax-free registration procedures shall submit 1 copies of the following documents (photocopies):

A, the approval certificate issued by the Ministry of foreign trade and economic cooperation or the competent authorities of Shanghai Municipality.

B, enterprise contract (exempt from sole proprietorship);

C, articles of Association;

D, enterprise feasibility study report;

E, business license of enterprise legal person;

F, enterprise contracts, articles of association and feasibility study report.

(2) foreign invested enterprises applying for the exemption procedures for imported equipment shall submit the following documents:

A, an application form for exemption from import goods (application unit fills in and covers corporate legal person);

B, import invoice in two copies.

C, foreign investment committee or authorized examination and approval organ issued the "Shanghai foreign investment enterprise import equipment approval form";

D, other documents deemed necessary by the Customs (such as packing list, instructions, etc.).

Five. Agency obligations

1. Tax exemption registration: supervisor.

(1) issue the blue "register of tax-free items for foreign invested enterprises" to the old enterprises approved before March 31, 1996.

(2) issue the coffee color registration book of tax-free items for foreign invested enterprises for the pitional enterprises approved from April 1, 1996 to December 31, 1997.

(3) issue the black-green register of tax-free items of foreign invested enterprises for new enterprises approved after January 1, 1998.

2. Handle

(1) the import of self occupied equipment in the total amount of investment by the old enterprises approved before March 31, 1996 shall be exempted from customs duties and value-added tax except for the twenty commodities that the state does not grant tax exemption.

(2) importing self occupied equipment in the total amount of investment in the pitional period approved by the enterprises from April 1, 1996 to December 31, 1997, except for the commodities listed in the catalogue of goods not exempted from foreign investment, shall be exempted from customs duties and import value-added tax.

(3) the import of self occupied equipment in the total amount of investment approved by the new enterprise after January 1, 1998 is exempt from customs duties and import value-added tax in addition to the commodities listed in the catalogue of goods not exempted from foreign investment.

Six, procedures

The first step: foreign invested enterprises fill in the application form for project record entry and apply to the competent customs for filing procedures.

The required documents are as follows:

A, the approval certificate issued by the Ministry of foreign trade and economic cooperation or the competent authorities of Shanghai Municipality.

B, enterprise contract (exempt from sole proprietorship);

C, articles of Association;

D,

E, business license of enterprise legal person;

F, enterprise contracts, articles of association and feasibility study report.

The second step: Customs audit, decide whether to go through the project filing procedures.

If the audit is approved, the register of foreign funded enterprises' tax-free items should be issued to enterprises.

The third step: foreign invested enterprises hold the register of tax-free items for foreign invested enterprises, fill in the application form for exemption and exemption of import and export goods, and apply to the Customs for examination and approval procedures for tax exemption of imported equipment.

The required documents are as follows:

A, an application form for exemption from import goods (application unit fills in and covers corporate legal person);

B, import invoice in two copies.

C, foreign investment committee or authorized examination and approval organ issued the "Shanghai foreign investment enterprise import equipment approval form";

D, other documents deemed necessary by the Customs (such as packing list, instructions, etc.).

The fourth step: customs inspection of the relevant documents issued "tax exemption certificate".

Seven, working time limit

1, the registration procedures for tax exemption shall be completed within 3 working days from the date of acceptance.

2. Procedures for tax exemption of imported equipment from foreign invested enterprises shall be completed within 3 working days from the date of acceptance.