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Liquid petroleum products are subject to consumption tax from 2013

liquid petroleum products are subject to consumption tax from 2013

November 22, 2012

[China paint information] according to the National Paint Industry Information Center, the State Administration of Taxation recently issued an announcement on policy issues related to consumption tax (announcement [2012] No. 47 of the State Administration of Taxation), It was announced that the long-term clinical use of liquid stones also exposed many problems, and oil products will be subject to consumption tax from 2013

I. for products produced and processed by taxpayers with crude oil or other raw materials that are liquid (except asphalt) under normal temperature and pressure (25 ℃/a standard atmospheric pressure), whether consumption tax is levied is divided according to the following principles:

(I) if the products meet the collection regulations of gasoline, diesel, naphtha, solvent oil, aviation kerosene, lubricating oil and fuel oil, the corresponding gasoline, diesel, naphtha, solvent oil, aviation kerosene Consumption tax on lubricating oil and fuel oil

(2) for products other than those specified in Item (1) of this article, if they meet the corresponding provisions of the national standard or petrochemical industry standard of the product (including the product name and quality standard consistent with the corresponding standard), and the taxpayer submits the relevant product quality inspection certificate issued by the quality and technical supervision department at or above the provincial level to the competent tax authority for filing, consumption tax will not be levied; Otherwise, consumption tax will be levied on naphtha

II. If the taxpayer produces and processes products from crude oil or other raw materials and sells them as asphalt products, the products comply with the relevant provisions of the national standards for asphalt products or the standards of the petrochemical industry (including the name, model and quality standards consistent with the corresponding standards), and the taxpayer submits the relevant product quality inspection certificate issued by the quality and technical supervision department at or above the provincial level to the competent tax authority for filing, No consumption tax; Otherwise, consumption tax will be levied on fuel oil

III. The following behaviors of units and individuals other than industrial enterprises are regarded as the production behaviors of taxable consumer goods, and consumption tax is levied according to the regulations:

(I) selling purchased consumption tax non taxable products as consumption tax taxable products

(II) selling the purchased taxable products with low consumption tax rate as taxable products with high tax rate

IV. this announcement shall be implemented as of January 1, 2013

this Annex:

the Ministry of finance, the people's Bank of China, and the State Administration of Taxation issued the notice on the continuation of the implementation of some naphtha fuel oil consumption tax policies (CS [2011] No. 87)

the finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the central government, and cities specifically designated in the state plan, the State Administration of Taxation, the Shanghai headquarters of the people's Bank of China, all branches, business management departments, and central branches of provincial capitals (capital cities), All sub provincial city central sub branches:

in order to promote the development of China's olefin chemical industry, with the approval of the State Council, the continuation of the consumption tax rebate (Exemption) policy for naphtha and fuel oil used in the production of ethylene and aromatic chemical products is now clarified as follows:

from October 1, 2011, when using the experimental machine, the operators of stone production must use naphtha according to the process specifications of the manual Consumption tax will be resumed on naphtha and fuel oil sold by fuel oil enterprises (hereinafter referred to as production enterprises) for the production of ethylene and aromatic chemical products

II. Since October 1, 2011, the production enterprises that produce naphtha and fuel oil for the production of ethylene and aromatic chemical products will be temporarily exempted from consumption tax according to the actual consumption

III. from October 1, 2011, the consumption tax included in naphtha and fuel oil purchased by enterprises using naphtha and fuel oil to produce ethylene and aromatics (hereinafter referred to as users) and used to produce ethylene and aromatics chemical products will be refunded temporarily according to the actual consumption

the formula for calculating the consumption tax contained in naphtha and fuel oil returned is:

<3. If the local conditions permit, it is strongly recommended to add regulated power supply p> the consumption tax refunded = the actual consumption of naphtha and fuel oil × Unit tax amount of naphtha and fuel oil consumption tax

the competent national tax bureau (hereinafter referred to as the competent tax authority) in the place where the enterprise is located is responsible for the tax rebate. The competent tax authority shall verify the amount of tax rebate according to the actual consumption of naphtha and fuel oil used by the enterprise, and issue a "revenue refund" (the budget item is: consumption tax rebate of refined oil), attached with a tax rebate approval form, tax rebate application, etc., and send it to the local treasury department. The State Treasury Department will refund the tax from the central budget revenue after examination

IV. from January 1 to September 30, 2011, naphtha and fuel oil sold by manufacturing enterprises to using enterprises for the production of ethylene and aromatic chemical products are still in accordance with the notice of the Ministry of Finance and the State Administration of Taxation on relevant refined oil consumption tax policies after raising the refined oil consumption tax rate (CS [2008] No. 168) The notice of the Ministry of Finance and the State Administration of Taxation on adjusting some fuel oil consumption tax policies (CS [2010] No. 66) and the notice of the State Administration of Taxation on printing and distributing the administrative measures for the exemption of naphtha consumption tax (GS [2008] No. 45) stipulate that consumption tax is exempted

v. during the period from January 1 to September 30, 2011, naphtha and fuel oil including consumption tax purchased by enterprises for the production of ethylene and aromatic chemical products will be refunded in accordance with Article 3 of this notice

VI. The competent tax authority shall carefully check and verify the inventory of naphtha and fuel oil purchased by the using enterprise from January 1 to September 30, 2011, and shall not refund the naphtha and fuel oil that have enjoyed the consumption tax refund (Exemption) for the consumption of inventory

VII. Before December 31, 2010, if the consumption tax of naphtha and fuel oil imported by production enterprises on their own or entrusted by the State Administration of taxation should be refunded but not refunded, it should still be in accordance with the notice of the Ministry of Finance and the State Administration of Taxation on the relevant consumption tax policies of refined oil after raising the consumption tax rate of refined oil (CS [2008] No. 168) The notice of the Ministry of Finance and the State Administration of Taxation on adjusting the consumption tax policy of some fuel oils (CS [2010] No. 66), the notice of the Ministry of Finance and the State Administration of Taxation on adjusting the consumption tax on the import of refined oil (CS [2008] No. 103) The notice of the Ministry of Finance on adjusting the consumption tax policy of some imported fuel oil (CGS [2010] No. 56) and the notice of the Ministry of finance, the General Administration of customs and the State Administration of Taxation on issues related to the collection and return of the consumption tax of imported naphtha (Cai Yu [2009] No. 347) will continue to be refunded

VIII. Enterprises that use naphtha and fuel oil to produce ethylene and aromatic chemical products, accounting for more than 50% (including 50%) of the total amount of products produced by the enterprise with naphtha and fuel oil, enjoy the consumption tax rebate (Exemption) policy stipulated in this notice. Enterprises that meet the conditions specified in this article shall apply to the competent tax authority for the qualification of tax refund (Exemption) after the issuance of this notice

IX. ethylene chemical products refer to ethylene, propylene, butadiene and derivatives; Aromatic chemical products refer to benzene, toluene, xylene, heavy aromatics, mixed aromatics and derivatives

X. consumption tax shall be paid according to regulations for taxable products produced by enterprises in the production of ethylene and aromatic chemical products

Xi. The specific tax refund (Exemption) management measures for the consumption tax of naphtha and fuel oil used in the production of ethylene and aromatic chemical products shall be formulated separately by the State Administration of taxation

XII. The Financial Ombudsman offices of the Ministry of Finance in various regions should strengthen the supervision and inspection of the implementation of the consumption tax rebate (Exemption) policy. State tax bureaus at all levels should strengthen the organization and supervision of consumption tax refund (Exemption), strictly manage and plug loopholes. Those who have been found and verified to cheat for tax refund (Exemption) will be punished according to law and will be disqualified for consumption tax refund (Exemption)

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