The capital invested by foreign investors in foreign-invested enterprises must reach more than 25% (inclusive) of the capital invested by all parties in the enterprise. Article 4 The scope of equipment for tax refund refers to the equipment purchased in China by investment projects that conform to the Catalogue of Industries with Foreign Investment (Encouraged and Restricted) and the Catalogue of Industries, Products and Technologies Encouraged by the State, as stipulated in the Notice of the State Council on Adjusting the Tax Policy for Imported Equipment (Guo Shui Fa [1997] No.37).
For projects that meet the above requirements, some plastic parts, rubber parts, ceramic parts and pipes used in petrochemical projects listed in the purchase contract can also be refunded.
The domestically purchased equipment listed in the Catalogue of Imported Goods Not Duty Free for Foreign Investment Projects and the Catalogue of Imported Goods Not Duty Free for Domestic Investment Projects in the State Council cannot enjoy the preferential tax policy of tax refund. Article 5 Equipment enjoying tax refund must meet the following two conditions:
(1) It must be unused domestic equipment purchased in currency, excluding investors' investment in physical and intangible assets;
(2) Domestic equipment must be purchased after 1 September 19991the total amount of tax refund investment approved by the tax authorities;
Domestic equipment refers to the equipment produced by People's Republic of China (PRC) and domestic enterprises.
The total investment approved for tax refund is calculated according to the following formula:
Total investment approved for tax refund = total monetary investment of all investors-total value of purchased duty-free imported equipment Chapter III Registration Management Article 6 All foreign-invested enterprises that meet the conditions of tax refund scope shall hold the Registration Manual for Foreign-invested Enterprises to Purchase Domestic Equipment (the format is attached, hereinafter referred to as "Registration Procedures"), which is printed by the State Taxation Bureau of all provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, and attach the following materials before performing all contracts for purchasing domestic equipment for the first time.
(1) A copy of the business license of the enterprise as a legal person;
(2) A copy of the enterprise tax registration certificate;
(3) A copy of the export tax refund registration certificate;
(4) A copy of the enterprise feasibility study report and the articles of association of the contract;
(5) A copy of the project approval letter of MOFTEC;
(6) List of imported equipment;
(seven) a copy of the original certificate of the investor's contribution in kind;
(eight) a copy of the domestic equipment supply contract;
(9) Capital verification report. Article 7 After receiving an application from an enterprise, the tax authorities in charge of tax refund shall truthfully fill in the registration manual according to the application of the enterprise and affix the official seal of the foreign-invested enterprise. Article 8. The tax authorities in charge of export tax rebate shall establish account books, register the total investment of foreign-invested enterprises, and the name, quantity and amount of domestic equipment to be purchased, and input them into the computer. Article 9 When an enterprise with foreign investment is unable to perform the purchase and sale contract for some reason, it shall go through the cancellation procedures with the original registration manual to the competent tax refund tax authorities. The tax authorities shall cancel the corresponding accounting records. Chapter IV Management of Purchase and Sale Article 10 When purchasing domestic equipment, foreign-invested enterprises are allowed to issue special VAT invoices according to the copy of the registration manual 1 page and the supply contract provided by the purchaser. Article 11 The competent tax authorities of the supplier enterprises shall, according to the copy of page 1 of the Registration Manual, the copy of the supply contract provided by the supplier enterprises and relevant materials, issue a tax payment certificate (for export goods only) after verification. Tax (special for export goods) payment book shall be issued according to the existing relevant regulations. Article 12 Purchasing enterprises and supply enterprises may settle the payment for domestic equipment in foreign exchange or RMB. If payment is made in foreign exchange, it shall be implemented in accordance with the relevant provisions of the foreign exchange administration department. Chapter V Tax Refund and Supervision Article 13 After purchasing domestically produced equipment, a foreign-invested enterprise shall fill in a tax refund (exemption) declaration form for export goods according to the domestically produced equipment purchased under each contract, and submit the following materials to its competent tax refund tax authorities to apply for tax refund procedures for domestically produced equipment:
(1) Special invoices for value-added tax;
(two) tax (export goods) payment book;
(3) proof of payment;
(4) Registration Manual;
(five) a copy of the domestic equipment supply contract. Article 14 The tax authorities in charge of tax refund shall keep the registration manual for future reference after completing the tax refund for domestic equipment. Fifteenth purchase of domestic equipment tax rebate is calculated according to the following formula:
Tax refund amount = the amount indicated in the special VAT invoice × the applicable VAT rate Article 16 Domestic equipment purchased by foreign-invested enterprises shall be supervised by the competent tax authorities for tax refund, and the supervision period shall be five years. During the supervision period, if the ownership of equipment such as transfer or donation is transferred, or leased or reinvested, the competent tax refund (tax authorities) shall supplement the storage according to the following calculation formula:
Taxable amount = the amount indicated on the special VAT invoice × (depreciated value of equipment ÷ original value of equipment )× applicable VAT rate.
Depreciation value of equipment = original value of equipment-accumulated depreciation.
The original value and depreciation of the equipment are calculated according to the accounting data of the enterprise.