Import tariffs are divided into ordinary tax rates and preferential tax rates. For imported goods originating in countries or regions that have not signed a tariff reciprocal agreement with People's Republic of China (PRC), the ordinary tax rate is applicable; Imported goods originating in countries or regions that have signed reciprocal tariff agreements with People's Republic of China (PRC) shall be taxed at preferential rates.
For imported goods subject to ordinary tax rate as mentioned in the preceding paragraph, preferential tax rate may be applied with the special approval of the State Council Customs Tariff Commission. Where any country or region imposes discriminatory tariffs or gives other discriminatory treatment to imported goods originating in People's Republic of China (PRC), the customs may impose special tariffs on imported goods originating in that country or region. The types of goods subject to special tariffs, the tax rates and the starting and ending time shall be decided and promulgated by the the State Council Customs Tariff Commission.
Provisions for special projects?
According to the attached regulations, cigarettes, alcohol, cosmetics, skin care products, precious jewels and jade, firecrackers and fireworks, gasoline, diesel oil, automobile tires, motorcycles and automobiles are 1 1 consumption tax taxable goods. The table also lists the tax rates applicable to taxable goods, ranging from 45% to 3%. China adopts the method of ad valorem rate to calculate the import consumption tax, and taxable value consists of the price of imported goods (cost plus transportation insurance) (i.e. customs duty paid price) plus customs duties. China's consumption tax adopts the method of in-price tax, so the composition of taxable value includes consumption tax. The formula for calculating the composition of taxable value is: composition taxable value = (customs duty paid price+customs duty amount) ÷( 1- consumption tax rate) The formula for calculating the consumption tax levied ad valorem is: tax payable = composition taxable value multiplied by consumption tax rate.
To sum up, the import tariff rate and import value-added tax = (dutiable price+tariff) /( 1- consumption tax rate) × value-added tax rate.
Import tariffs are divided into ordinary tax rates and preferential tax rates.
Legal basis: People's Republic of China (PRC) Tax Collection and Management Law.
Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.
Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.
Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.
No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.
Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.
Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.