China launches pilot programme to reform turnover tax regime

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

China launches pilot programme to reform turnover tax regime

chinaflag.jpg

China this week released details of its pilot programme to reform its turnover tax regime.

The measures, to be piloted in Shanghai from January 1 2012, will see VAT and business tax merged into a single tax. As such, it will shift the burden of taxation from businesses to consumers and will be a welcome step for corporate taxpayers.

"This reform will have far-reaching implications for domestic and foreign suppliers of goods and services in China, affecting overall tax burdens and the allocation of tax burdens in the supply chain and in some cases prompting changes in business models that suppliers have adopted for China," said Jon Eichelberger of Baker & McKenzie.

VAT rates, at present 17% and 13%, will be cut for a number of different industries.

Transportation services will have their rate reduced to 11%, while R&D, IT, cultural, creative, logistic, ancillary, certification and consulting services will all have their rates slashed to 6%.

Leasing of tangible movable property will remain at 17%. Financial services, real estate and construction services will remain outside the scope of the reform, although provisions have been made to incorporate financial services into the VAT system in the future.

Issues may arise over what tax is due where in cases where it is difficult to determine where services take place while the reform remains limited to the Shanghai pilot.

“Quite clearly, businesses subject to the pilot program need to actively engage both internally with key stakeholders, and externally with their advisers, to prepare for the reforms,” said an alert from KPMG.

Despite the geographical limitation of the pilot programme, and its limitation to certain industries, it is expected to inform nationwide reform.

VAT incentives for software

The Chinese tax authorities have also defined the scope of indirect tax incentives that have been put in place to encourage the country's IT sector.

The State Administration of Taxation (SAT) has previously granted VAT refunds, or preferential rates of VAT, on software products. However the impact of these incentives has been limited by a lack of clarity about what counts as a software product.

Circular 100, which applies retrospectively to the beginning of the year, has made clear that VAT refunds apply to computer software and information systems, but also to embedded software - software that is designed for machines such as aircraft, cars and other hardware whose function is not primarily that of a computer.

At the same time, there remains some ambiguity as to whether software companies are liable to pay corporate tax on the VAT refunds they receive.

more across site & bottom lb ros

More from across our site

ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
The tool, which will automatically compute amount B returns, requires “only minimal data inputs”, according to the OECD
The rules are intended to implement the substance of an earlier OECD report in its entirety
While new technology won’t replace the human touch, it could help relieve companies’ staffing issues, EY’s David Helmer and Daren Campbell tell ITR
The firm said the financial growth came from increased demand for its AI services and global tax reform advice
Chrystia Freeland had also been the figurehead of Canada’s controversial digital services tax adoption, which stoked economic tensions with the US
Panama has no official position on pillar two so far and a move to implement in Costa Rica will face rejection, experts tell ITR
The KPMG partner tells ITR about Sri Lanka’s complex and evolving tax landscape, setting legal precedents through client work, and his vision for the future of tax
Overall turnover at the firm also reached a record £8 billion; in other news, Ashurst and Dentons announced senior tax partner hires
Gift this article