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| 《中华人民共和国个人所得税法实施条例》3 | |||||
| 作者: 文章来源: 点击数: 更新时间:2004-4-21 | |||||
| Article 24 Donations by individuals to education and other public undertakings mentioned in Section 2 of article 6 of the Tax Law mean donations by individuals to education and other social and public undertakings and the areas suffering severe natural disasters or poverty-stricken areas through social organizations or State organs within the territory of China. The donation that does not exceed 30% of the taxable income claimed by taxpayers may be deducted from the taxable income. Article 25 Income of wages and salaries derived from outside the territory of China mentioned in Section 3 of Article 6 of the Tax Law means income of wages and salaries obtained from jobs or employment outside the territory of China. Article 26 The deduction of additional expenses mentioned in Section 3 of Article 6 of the Tax Law means deduction of the expenses stipulated by Article 28 of the Regulations on the basis of deduction of RMB800 each month. Article 27 The scope of deduction of additional expenses mentioned in Section 3 of Article 6 of the Tax Law includes: (1) Foreign employees who work in foreign-funded enterprises or foreign firms within the territory of China; (2) Foreign experts who work upon the invitation of Chinese side in enterprises, institutions, social organizations and State organs within the territory of China; (3) Individuals who have residence in the territory of China and obtain wages and salaries from their post or employment outside China; and (4) Other persons determined by the Ministry of Finance. Article 28 The standard for deduction of additional expenses mentioned in Section 3 of Article 6 of the Tax Law is RMB3,200. Article 29 Overseas Chinese and compatriots of Hong Kong, Macao and Taiwan shall be taxed with reference to article 26, 27 and 28 of the rules. Article 30 Individuals who have residence within the territory of China or have not residence but have stayed in China for a full year shall separately compute and pay tax on their remunerations obtained within and outside the territory of China. Article 31 The amount of individual income tax paid by taxpayers who derive income outside the territory of China mentioned in Article 7 of the Tax Law means the tax paid by taxpayers who derive income outside the territory of China and should pay and have already paid the tax in accordance with the law of the source country or region of their income. Article 32 The amount of tax computed according to provisions of the Tax Law mentioned in Article 7 of the Tax Law means the amount of tax paid by taxpayers who derive income outside the territory of China in accordance with different taxable items in different countries and regions, with the standards for deduction of expenses and applicable tax rate stipulated by the tax law; the sum of different tax items in the same country or region is the amount of deduction of the country or region. When the amount of tax paid by taxpayers in a country or region outside the territory of China is lower than the amount of deduction of the country and region computed in accordance with the preceding paragraph, the difference of tax shall be paid in China; when the amount of tax exceeds the amount of deduction of the country or region, the surpassed part shall not be subtracted from the amount of tax in the same tax year but may be subtracted from the surplus of the deduction of the country or region in the following tax years but not for a term more than five years. Article 33 When taxpayers apply in accordance with Article 7 of the Tax Law for deduction of the amount of individual income tax paid already outside China, they shall present the original tax payment receipt issued by the tax authorities abroad. Article 34 Withholding agents, when making various kinds of payments that are subject to taxation, must withhold the taxes in accordance with the provisions of the Tax Law, turn them over to the State treasury on time and make itemized records for reference. The payments mentioned in the preceding paragraph include payment in cash, payment by remittance, payment by the transfer of accounts and the computed monetary value of payments made in securities, in kind or in other forms. |
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