自1993年12月13日中华人民共和国国务院令第134号公布，到2008年11月5日国务院第34次常务会议修订通过，后经历两次修订的《中华人民共和国增值税暂 行条例》（下称《条例》）即将废止。取而代之的，是将于2026年1月1日起正式实施的《中华人民共和国增值税法》（下称《增值税法》）。 值得一提的是，过去《条例》中可免征增值税的避孕药品和用具，在即将实施的《增值税法》中被抹去。而针对"一老一小"的育养服务和殡葬服务，以及婚 介服务等，则被纳入新免征增值税名单。 对于这样的改变，工信部信息通信经济专家委员会委员盘和林分析认为，这是税收政策对我国人口政策转变的配套体现。对"一老一小"托养、婚介服务免收 增值税，也体现了税收政策的福利性。但他也提出，避孕产品作为刚需，征收增值税实际对市场和企业并不会造成太大影响，对鼓励生育也只能起到刺激作 用而非决定性作用。 从条例走向立法 免征增值税项目扩大至9条 按照国家税务总局此前给出的定义，所谓增值税，是对经营者在生产经营中实现的增值额征收的一种间接税。从增值税条例走向增值税法，红星新闻记者梳 理发现，其中关于"免征增值税"的内容有了不同程度扩大： 在此前《条例》中的第十 ...

Core Viewpoint - The article discusses the implementation of the new Value-Added Tax (VAT) Law in China, which will take effect on January 1, 2026, and highlights the importance of the draft implementation regulations released by the Ministry of Finance and the State Taxation Administration to ensure a smooth transition [1]. Summary by Sections Basic Framework - The draft implementation regulations correspond to the VAT Law and are divided into six chapters, totaling 57 articles, which is an increase of 17 articles compared to the current VAT Provisional Regulations [3]. - The draft clarifies the definitions of goods, services, intangible assets, and real estate, providing specific examples for each category [3]. Breakthroughs in Current VAT System - The draft introduces concepts not directly mentioned in the VAT Law, such as defining "general taxpayers" and including natural persons as small-scale taxpayers, addressing existing discrepancies in tax burdens [4][5]. - It specifies that certain fees related to loan services cannot be deducted from the output tax, a clarification not present in the VAT Law [6]. Detailed and Rigorous Provisions - The draft provides a more precise definition of "individuals" for tax purposes, including individual industrial and commercial households [7]. - It mandates that VAT special invoices must clearly indicate both the sales amount and the VAT amount, enhancing transparency in tax liabilities [7]. Areas Needing Clarification and Improvement - Certain provisions in the draft require further clarification, such as the specific circumstances under which "export goods" are defined and the exact scope of goods, services, intangible assets, and real estate [9]. - The draft mentions that the registration system for general taxpayers will be determined by the State Taxation Administration, indicating a need for further regulatory details [9]. Issues Worth Further Research - The article raises questions about whether loan interest should continue to be subject to VAT and how to handle the implications of such taxation on the overall tax system [12]. - It also notes that the provision preventing taxpayers from switching back to small-scale taxpayer status after registering as general taxpayers may need to consider exceptional circumstances in business operations [12].

Core Viewpoint - The enactment of the Value-Added Tax (VAT) Law marks a significant milestone in China's tax legal system, enhancing the legal authority of VAT and ensuring taxpayer rights, while requiring complementary reforms for effective implementation [1][2][3]. Group 1: Significance of VAT Legislation - The VAT legislation signifies that VAT, which has been in practice for over thirty years and is the largest tax type, now has a legal basis, enhancing its authority and protecting taxpayer rights [2]. - The legislation deepens the principle of tax legality, marking a substantial advancement in the legal framework of tax governance, and ensures that the adjustment of tax rates and collection scope is subject to legislative oversight [3]. Group 2: Key Highlights of VAT Legislation - The VAT Law maintains the existing tax system framework while ensuring continuity in tax policy and market expectations, consisting of six chapters and thirty-eight articles [6]. - The law expands the tax base and clarifies the taxable scope, ensuring transparency and reducing disputes in tax collection [8]. - The legislation improves the VAT deduction chain, promoting fair competition and preventing double taxation through a more complete and efficient VAT deduction system [9]. Group 3: Recommendations for Complementary Reforms - Enhancing the invoice management system is crucial for ensuring the effectiveness of VAT legislation, with a focus on integrating electronic invoicing and big data for better tax administration [14]. - The implementation of the VAT Law requires systematic complementary regulations to ensure smooth transitions and effective execution, particularly in clarifying tax incentives and monitoring tax burdens [15]. - There is a need to adapt VAT management to the digital economy and cross-border service trade, including establishing rules for deducting taxes on digital assets and improving governance frameworks for cross-border transactions [16][17].

Core Viewpoint - The implementation of the draft regulations for the Value-Added Tax (VAT) law in China is a significant step towards enhancing the legal framework and operational guidelines for VAT, which is crucial for the country's fiscal revenue and economic structure adjustment [1][2][5]. Group 1: Key Changes in the Draft Regulations - The term "labor" has been removed from both the VAT law and the draft regulations, aligning with international standards by adopting the term "Goods and Services Tax" [2]. - The legal status of export tax refund management has been elevated, providing better protection for taxpayers and combating tax fraud [2]. - The draft regulations clarify that input tax credits for loan services cannot be deducted, maintaining the current rules to prevent increased financial leverage and liquidity risks for enterprises [2][3]. Group 2: Tax Incentives and Management - The draft regulations exclude beauty medical institutions from enjoying tax exemptions, highlighting the VAT's regulatory impact on specific industries [3]. - New provisions allow taxpayers to apply for refunds in cases of overpaid taxes due to sales discounts or returns under simplified tax calculation methods, reducing taxpayer burdens [3]. - Different input tax deduction treatments for mixed-use fixed assets and intangible assets based on their original value exceeding 5 million yuan reflect a government incentive for investment [3]. Group 3: Ongoing Considerations for Taxpayers - The draft regulations introduce a provision that non-taxable transactions cannot deduct corresponding input tax, echoing previous legislative intentions and sparking discussions [4]. - The absence of provisions regarding the calculation of sales amounts based on the difference does not imply the cancellation of the current "difference taxation" method, which may be addressed in future supporting documents [5]. - The VAT law is set to take effect on January 1, 2026, with the draft regulations providing operational guidance to enhance the certainty and operability of the VAT system [5][6].

Core Viewpoint - The implementation of the Value-Added Tax (VAT) Law in China, effective from January 1, 2026, represents a significant legal advancement, elevating VAT regulations from administrative to legal status, which is crucial for the enforcement of tax law principles in the country [1][2]. Group 1: VAT Law Implementation - The VAT Law is expected to account for nearly 40% of national tax revenue, with projected VAT income of approximately 6.57 trillion yuan in 2024, representing 38% of total tax revenue [1]. - The Ministry of Finance and the State Taxation Administration released the draft implementation regulations to solicit public opinions, ensuring a smooth transition to the new VAT Law [1]. Group 2: Impact on Taxpayers and Administration - The implementation regulations provide a legal framework for taxpayers, enhancing their rights and offering tax authorities a basis for precise enforcement, thereby improving tax collection efficiency [2]. - The regulations consist of six chapters and fifty-seven articles, detailing tax rates, taxable amounts, tax incentives, and collection management, ensuring alignment with existing VAT policies [2]. Group 3: Tax Incentives and Economic Environment - The regulations clarify the specific standards for VAT exemption projects and outline the scope, standards, conditions, and management measures for tax incentives, ensuring transparency and compliance [3]. - The timely introduction of the implementation regulations is expected to foster a better business environment, enhance market confidence, and contribute to high-quality economic development in China [3].