202 1 preferential policies for corporate stamp duty

Legal analysis: 1, 20265438, the 29th session of the 13th the National People's Congress Standing Committee (NPCSC) voted to pass the Stamp Tax Law in the afternoon, which will be implemented on July 1 2022. 1On August 6th, 988, the Provisional Regulations on Stamp Duty in People's Republic of China (PRC) issued by the State Council was abolished at the same time. Generally speaking, the second draft of the draft maintains the current tax framework unchanged and the tax rate is appropriately reduced. It is proposed to reduce the tax rate of "transfer documents of trademark exclusive right, copyright, patent right and proprietary technology use right" from five ten thousandths to three ten thousandths, further implement tax reduction and fee reduction, support innovation and development, and encourage the implementation and application of intellectual property rights. The second draft made it clear that, according to the needs of national economic and social development, the State Council can reduce or exempt stamp duty for ensuring residents' housing needs, restructuring enterprises and supporting the development of small and micro enterprises, and report it to the NPC Standing Committee for the record.

Legal basis: People's Republic of China (PRC) Tax Collection and Management Law.

Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.

Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.

Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.

No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.

Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.

Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.