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Q&A Regarding China's "Resource Tax Law of the People's Republic of China"

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Q: When will the "Resource Tax Law of the People's Republic of China" come into effect?
A: The Resource Tax Law of the People's Republic of China shall come into effect as of September 1, 2020. The Provisional Regulations of the People's Republic of China on Resource Tax promulgated by The State Council on December 25, 1993 shall be simultaneously abolished

Q: Who is the taxpayer of resource tax?
A: Units and individuals who develop taxable resources within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China are taxpayers of resource tax and shall pay resource tax in accordance with the provisions of the Resource Tax Law of the People's Republic of China.

Q: Under what circumstances can resource tax be exempted?
A:
  1. Crude oil and natural gas used for heating during the extraction of crude oil and the transportation of crude oil within the oilfield area;
  2. Coalbed methane extracted by coal mining enterprises for the purpose of ensuring production safety.
Resource tax shall be reduced under any of the following circumstances:
  1. For crude oil and natural gas extracted from low-abundance oil and gas fields, the resource tax shall be reduced by 20 percent.
  2. For high-sulfur natural gas, tertiary oil recovery and crude oil and natural gas extracted from deepwater oil and gas fields, the resource tax shall be reduced by 30 percent.
  3. The resource tax on heavy oil and high pour point oil will be reduced by 40 percent.
  4. For mineral products mined from depleted mines, the resource tax shall be reduced by 30%.
In accordance with the needs of national economic and social development, The State Council may stipulate the exemption or reduction of resource tax in cases that are conducive to promoting the conservation and intensive use of resources and protecting the environment, and report such provisions to the Standing Committee of the National People's Congress for the record.

Q: Under what circumstances can provinces, autonomous regions and municipalities directly under the Central Government decide to exempt or reduce the resource tax?
A:
  1. Where a taxpayer suffers significant losses due to unexpected accidents or natural disasters during the process of mining or producing taxable products;
  2. Taxpayers' mining of associated and by-product ores, low-grade ores, and tailings.
The specific measures for the exemption or reduction of resource tax as prescribed in the preceding paragraph shall be proposed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, submitted to the standing committees of the people's congresses at the same level for decision, and filed with the standing Committee of the National People's Congress and The State Council.

Q: When should resource tax be declared and paid?
A: Resource tax is declared and paid on a monthly or quarterly basis. If the payment cannot be calculated and made on a fixed term basis, it can be declared and made on a per-occurrence basis.
Taxpayers who file tax returns and pay taxes on a monthly or quarterly basis shall, within 15 days from the end of the month or quarter, file tax returns with the tax authorities and pay the taxes. If the tax is declared and paid on a per-occurrence basis, the tax shall be declared and paid to the tax authority within 15 days from the date when the tax liability arises.

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