It is rumored that new progress has been made in the legislation of consumption tax in recent days. On December 3, the Ministry of Finance officially issued the consumption tax law of the people's Republic of China (Draft for comments) (hereinafter referred to as "draft for comments"). In the latest documents, the rumors of liquor tax increase have been clarified, and the reform measures of backward consumption tax collection have been reflected. The Ministry of Finance said that the formulation of consumption tax law is conducive to improving the legal system of consumption tax, enhancing its scientificity, stability and authority, building a modern financial system to meet the needs of the socialist market economy, deepening reform and opening up, and promoting the modernization of national governance system and governance capacity. However, in the implementation of the principle of tax law, the draft is still cautious, and the power of tax items, tax rates, collection links and reform pilot has been granted to the State Council. A number of experts told the Beijing Business Daily that the regulations become laws, not only by changing their names, but also by the quality of legislation. In the context of maintaining the current tax system framework and the overall level of tax burden unchanged, the draft reflects new changes in details. Compared with the old and new version of the table of consumption tax items and rates, the reporter of Beijing Business Daily found that the previously popular increase in the tax rate of liquor did not appear. In the production (import) process, the tax rate of liquor is still 20% plus 0.5 yuan / 500g (or 500ml). In fact, almost all of the 15 categories of tax commodities, including tobacco, alcohol, automobile oil, have followed the previous standards.
The liquor tax rate concerned by the market has been moved to the consumer end, but it has not been implemented in the draft. The tax policy for liquor production (import) is 20% plus 0.5 yuan / 500g (or 500ml), which continues the previous standard. In response, a senior manager of a domestic liquor enterprise told the Beijing Business Daily that tax is closely related to the enterprise, and the change of tax will lead to the possibility of product price rise, but the impact is not significant. However, it is difficult to transfer the consumption tax to the consumer side from the operational level. If the tax collection link is moved backward, the liquor section as a whole will be greatly adjusted. According to the public data, at present, the consumption tax of the liquor industry is subject to ad valorem tax at 12% of the ex factory price (excluding value-added tax) (20% of the legal tax rate, 60% of the tax rate) and ad valorem tax at 1000 yuan / ton. If the consumption tax is increased by 12% to the consumer end, the pressure of regional liquor companies and distributors will be doubled. Jin Yufeng, a senior liquor expert, told Beijing Business Daily that the idea of moving the excise tax collection link to the consumer side has been mentioned for many times, but the proposal was not adopted because there are many links from production to consumption and there are more difficulties in market implementation due to the shift of excise tax.
At the same time, for cigarette products, the tax rate of 11% plus 0.005 yuan / cigarette set in the wholesale link remains unchanged. The change lies in the newly added retail links. According to the draft, a tax rate of 5% will be levied on the precious jewelry, gold and silver jewelry, platinum jewelry and diamond and diamond jewelry in the retail sector. For super luxury cars, a 10% tax was levied on retail sales. Take jewelry as an example. Previously, the production (import) process was involved in this commodity tax collection process. "This is a great change, reflecting the backward shift of the collection process, which means that the consumption tax has changed from a pure central tax to a central and local shared tax. This will help to better solve the relationship between the central government and the local government and solve the problem of local income. " Liu Jianwen, President of the finance and Tax Law Research Association of China law society, said.
Recently, the State Council issued the plan for adjusting the reform of the central and local income division after the implementation of a larger scale of tax reduction and fee reduction, and demanded that the consumption tax collection link be moved back and steadily allocated. According to Tang Dajie, director of the research department of Saiyi Enterprise Research Institute, it is the general trend to move the consumption tax collection link back to the retail link, which is mainly for the consideration of local tax revenue. Therefore, it is a progress that the new part of the draft should be distributed to the local finance. The Ministry of Finance said that in accordance with the relevant requirements of the CPC Central Committee and the State Council on improving the local tax system and the reform of the division of central and local incomes, the reform of consumption tax, such as the collection of some consumer goods after the transfer of consumption tax, has been advancing. Considering that these work will continue after the consumption tax legislation, the State Council should be authorized to organize and carry out relevant pilot projects in accordance with the law. However, from the whole draft, the consumption tax legislation almost translated the previous regulations.
In the view of many experts, this legislation does not fully reflect the intention of consumption tax reform. Among them, the most important point lies in the power ownership of consumption tax items, tax rates and the adjustment of collection links. The draft set up the terms of authorization for the consumption tax rate, making it clear that the State Council can adjust the consumption tax rate according to the factors such as economic development, industrial policies, industrial development and changes in the consumption level of residents. According to Article 20 of the draft for comments, the State Council may carry out a pilot reform of consumption tax, adjust the items, tax rates and collection links of consumption tax, and submit the pilot scheme to the Standing Committee of the National People's Congress for the record. To this end, Liu Jianwen is cautious. "In accordance with the principle of statutory taxation, it requires the determination of tax elements," he told Beijing business daily. And tax rate is the most basic element.
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