Legal analysis: On June 10, 2021, the 29th meeting of the Standing Committee of the 13th National People's Congress voted to pass the Stamp Duty Law in the afternoon of that day, which will come into effect on July 1, 2022. The "Interim Regulations of the People's Republic of China on Stamp Duties" promulgated by the State Council on August 6, 1988 will be abolished at the same time. The second draft of the draft generally maintains the current tax system unchanged and appropriately lowers the tax rate. It is planned to reduce the tax rate for "transfer documents of exclusive rights to trademarks, copyrights, patent rights, and proprietary technology use rights" from 50,000 to 10,000. Third, further implement tax cuts and fee reductions, support innovative development, and encourage the implementation and application of intellectual property rights. The second review draft of the draft clarified that according to the needs of national economic and social development, the State Council may provide for the reduction or exemption of stamp duty in situations such as ensuring residents' housing needs, corporate restructuring and reorganization, and supporting the development of small and micro enterprises, and shall report it to the Standing Committee of the National People's Congress for the record. .
Legal basis: "Law of the People's Republic of China on Tax Collection and Administration"
Article 1 is to strengthen tax collection management, standardize tax collection and payment behavior, and ensure national tax revenue This law is formulated to protect the legitimate rights and interests of taxpayers and promote economic and social development.
Article 2 This Law shall apply to the collection and management of various taxes levied by tax authorities in accordance with the law.
Article 3 The introduction and suspension of tax collection, tax reduction, tax exemption, tax refund, and tax repayment shall be implemented in accordance with the provisions of the law; where the law authorizes the State Council to stipulate it, it shall be implemented in accordance with the provisions of the administrative regulations formulated by the State Council.
No agency, unit or individual may violate the provisions of laws and administrative regulations by arbitrarily making tax levies, suspensions, tax reductions, tax exemptions, tax refunds, tax repayments, and other measures that conflict with tax laws and administrative regulations. Decide.
Article 4: Units and individuals with tax obligations stipulated in laws and administrative regulations are taxpayers.
Laws and administrative regulations stipulate that entities and individuals with the obligation to withhold and pay, collect and remit taxes 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.