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Q：
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Do all contracts signed by enterprises require stamp duty payment?
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A：
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No. Entities and individuals that execute taxable vouchers or conduct securities transactions within the territory of the People’s Republic of China, as well as entities and individuals that execute taxable vouchers outside the territory of the People’s Republic of China for use within the territory, shall pay stamp duty in accordance with the Stamp Duty Law of the People’s Republic of China. The aforesaid taxable vouchers refer to contracts, property transfer documents and business books specified in the Schedule of Stamp Duty Tax Items and Tax Rates annexed to the Stamp Duty Law of the People’s Republic of China.
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Q：
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What contracts are specified in the Schedule of Stamp Duty Tax Items and Tax Rates?
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A：
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Including loan contracts, financing lease contracts, sales contracts, contracting contracts, construction project contracts, transportation contracts, technology contracts, lease contracts, custody contracts, warehousing contracts, property insurance contracts.
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Q：
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What property transfer documents are specified in the Schedule of Stamp Duty Tax Items and Tax Rates?
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A：
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Including deeds for the transfer of land use rights, deeds for the transfer of ownership of land use rights, buildings and structures (excluding land contracting and management rights and transfer of land operation rights), deeds for the transfer of equity (excluding those subject to securities transaction stamp duty), deeds for the transfer of exclusive rights to trademarks, copyrights, patents, and exclusive rights to use proprietary technologies.
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Q：
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If a transaction is cancelled after a contract is signed, can the stamp duty already paid be refunded?
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A：
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No. For unperformed taxable contracts and property transfer documents, the stamp duty already paid shall neither be refunded nor offset against tax payable.
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Q：
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For the tax inclusive total amount stated in an enterprise’s contract, can it be converted to a tax exclusive amount for stamp duty calculation purposes?
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A：
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No. The tax basis for stamp duty is as follows：
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The tax basis for taxable contracts is the amount stated in the contracts, excluding the separately stated value added tax amount;
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The tax basis for taxable property transfer documents is the amount stated in such documents, excluding the separately stated value added tax amount.
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SOALAN LAZIM
