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增值税法实施条例(征求意见稿)
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为增值税法实施做好充分准备
21世纪经济报道· 2025-08-25 00:11
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].