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《中华人民共和国个人所得税法实施条例》3         ★★★ 【字体:
《中华人民共和国个人所得税法实施条例》3
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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.   

 

Article  35  Taxpayers personally filling returns shall file tax returns  and pay tax to the local tax authorities of the place where they  derive  income. When income is derived outside China or from two or  more  places within the territory of China, taxpayers shall select one  place to file tax returns and pay tax; taxpayers must be approved by  their  original tax authorities before they change the place to file tax returns and pay tax.
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