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| 《中华人民共和国个人所得税法实施条例》2 | |||||
| 作者: 文章来源: 点击数: 更新时间:2004-4-21 | |||||
| Article 12 Interests derived from State treasury bonds issued by the State mentioned in Paragraph 2 of Article 4 of the Tax Law mean income derived by individuals from interests of the State treasury bonds issued by the Ministry of Finance of the People's Republic of China; interests derived from financial bonds issued by the State mean income derived by individuals from interests of financial bonds issued upon approval of the State Council. Article 13 Subsidies and allowances issued in an unified manner by the State mentioned in Paragraph 3 of Article 4 of the Tax Law mean the special governmental allowances following the stipulations of the State Council and the subsidies and allowances exempt from individual income tax stipulated by the State Council. Article 14 Welfare funds mentioned in Paragraph 4 of Article 4 of the Tax Law mean welfare funds drawn out in accordance with the relevant State stipulations from enterprises, institutions, State organs and social organizations or the living subsidies paid to individuals from funds of trade unions; relief funds mean the subsidies paid to individuals for tiding over living difficulties by the State civil affairs department. Article 15 "Income of diplomatic representatives, consulate officials and other people of foreign embassies and consulates in China who enjoy tax concessions according to relevant laws of China mentioned in Paragraph 8 of Article 4 of the Tax Law means their income exempt from tax in accordance with the Regulations of the People's Republic of China on Diplomatic Privileges and Immunities and the Regulations of the People's Republic of China on Consular Privileges and Immunities. Article 16 The scope and period for reduction of and exemption from individual income tax mentioned in Article 5 of the Tax Law shall be formulated by the provincial, autonomous regional and municipal people's governments. Article 17 Costs and expenses mentioned in Paragraph 2 of Section 1 of Article 6 of the Tax Law mean various direct expenditures by taxpayers on production and business operations, the part of indirect expenses listed in costs, sales expense, management expense and financial expense; the losses mean various non-business extra expenses by taxpayers during the production and business operations process. When taxable income of taxpayers engaged in production and business operations cannot be correctly computed due to lack of complete and accurate data provided by the taxpayers, the income shall be ratified and decided by the tax authorities. Article 18 The taxable amount of income in a tax year mentioned in Paragraph 3 of Section 1 of Article 6 of the Tax Law means income derived by taxpayers from contracted profits and other incomes of wage and salary nature due to contracting or leasing operations; deduction the necessary expenses means deduction of RMB800 each month. Article 19 The original value of the Property mentioned in Paragraph 5 of Section 1 of Article 6 of the Tax Law means: (1) Securities: the purchasing price and the expenses paid at the time of purchase in accordance with the stipulations; (2) Buildings: construction fees or purchasing price and other relevant expenses; (3) Land use rights: the fund paid for obtaining the land use rights, expenses for development of the land and other relevant expenses; (4) Machinery and equipment, motor vehicles and ships: the purchasing price, fees for transportation and installation and other relevant expenses; and (5) Other property: determined with reference to the methods above. When the original value of the property cannot be correctly computed due to lack of complete and accurate certificates provided by the taxpayers, the tax authorities shall ratify and decide the original value of the property. Article 20 Reasonable expenses mentioned in Paragraph 5 of Section 1 of Article 6 of the Tax Law mean the relevant expenses paid at the time of selling in accordance with the stipulations. Article 21 Income of a single payment mentioned in Paragraph 4 and 6 of Section 1 of Article 6 of the Tax Law means: (1) Income derived from labor services: the remuneration of each payment is counted as a single payment when it is obtained; successive payments within a month under the same item of income may be aggregated and counted as a single payment; (2) Remuneration derived from writing: remuneration obtained at each publication is counted as a single payment; (3) Income derived from royalties: remuneration derived from providing and assigning the rights of one item each time is counted as a single payment; (4) Income derived from leasing of property: remuneration received within a month is counted as a single payment; (5) Income derived from interests, dividends and extra dividends: remuneration obtained at each payment of interests, dividends and extra dividends is counted as a single payment; and (6) Chance income: such income obtained each time is counted as a single payment. Article 22 Income from transfer of property is taxed in accordance with the balance of income from a transfer of property minus the original value of the property and the reasonable expenses. |
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