New policy of tax refund for retained funds

Legal analysis: The New Deal mainly includes two categories: First, the tax rebate policy for small and micro enterprises, that is, in 2022, all qualified small and micro enterprises in all industries will be refunded the stock tax allowance in one lump sum, and the incremental tax allowance will be refunded monthly; Second, the tax rebate policies for manufacturing industries, such as manufacturing, scientific research and technical services, electricity, heat, gas and water production and supply, transportation, warehousing and postal services, software and information technology services, ecological protection and environmental governance, will refund the stock tax rebate once, and the incremental tax rebate will be refunded in full every month. The new tax refund policy has three characteristics: first, it focuses on "small and micro enterprises and key supporting industries"; Second, "incremental allowance and stock allowance" and withdrawal; Third, "institutional, one-off, phased" arrangements should be carried out simultaneously.

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.