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| 《中华人民共和国个人所得税法实施条例》4 | |||||
| 作者: 文章来源: 点击数: 更新时间:2004-4-21 | |||||
| Article 36 When taxpayers personally filing returns file tax returns, their amount of tax withheld already within the territory of China shall be deducted from the tax payable in accordance with the provisions. Article 37 Taxpayers who have two or more categories of income mentioned in Article 2 of the Tax Law shall compute and pay tax on the items separately. When taxpayers obtain income of Categories 1, 2 and 3 of Article 2 of the Tax Law from two or more places within the territory of China, tax shall be computed and levied on the amalgamated income of the same category. Article 38 The given trades mentioned in Section 2 of Article 9 of the Tax Law mean mining, ocean shipping and deep sea fishing industries and other industries determined by the Ministry of Finance. Article 39 The manner to compute and levy tax on annual basis and pay tax advance in monthly installments mentioned in Section 2 of Article 9 of the Tax Law means the tax payable from the wages and salaries of workers of the given trades mentioned in Article 38 of the rules, which shall be paid in advance in monthly installments and the wages and salaries of the whole year shall be totaled within 30 days from the end of the year and the real amount of tax shall be computed and levied on the 12-month average, with a refund for any overpayment or a supplemental payment for any deficiency. Article 40 The fact that tax must be paid and turned over to the State treasury within 30 days after the end of a tax year as mentioned in Section 4 of Article 9 of the Tax Law means that taxpayers who derive income from contracting and leasing operations of enterprises or institutions with a single payment at the end of each year and must pay and turn over tax to the State treasury within 30 days after they obtain income. Article 41 In accordance with Article 10 of the Tax Law, income in foreign currency shall be taxed on the equivalent amount converted into Renminbi according to the foreign exchange rate quoted by the People's Bank of China on the last day of the previous month before the tax payment receipt is issued. Following provisions of the Tax Law, the final settlement after the end of each year will not re-convert the advance payment on monthly installments or each time on the income in foreign currency; the part that needs to supplement payment of the deficiency shall be taxed on the equivalent amount converted into Renminbi according to the foreign exchange rate quoted by the People's Bank of China on the last day of the previous tax year. Article 42 When the tax authorities pay service fee to withholding agents in accordance with Article 11 of the Tax Law, they shall each month issue income refund notices to withholding agents, based on the actual amount of tax withheld. Withholding agents shall complete refunding procedures with refund notices at the designated banks. Article 43 Standardized tax returns for individual income tax, returns, for withholding individual income tax and individual tax payment receipts are to be printed by the State Administration of Taxation. Article 44 The tax year mentioned in the Tax Law and the rules means each year on the Gregorian calendar starting on January 1 and ending on December 31. Article 45 Individual income tax shall be computed and levied in accordance with the Tax Law and the rules from 1994 tax years. Article 46 The right to interpret these rules resides in the Ministry of Finance and the State Administration of Taxation. |
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