Notice of the Ministry of Finance and the State Administration of Taxation on the Specific Policy Issues of Resource Tax Reform

The finance departments (bureaus) and local tax bureaus of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, the State Taxation Bureau of Tibet and Ningxia Hui Autonomous Region, and the Finance Bureau of Xinjiang Production and Construction Corps:

According to the decision and deployment of the Party and the State Council, the resource tax reform will be comprehensively promoted from July 1, 2016. In order to do a good job in resource tax reform and ensure the effective implementation of the "Notice of the Ministry of Finance and the State Administration of Taxation on Comprehensively Promoting Resource Tax Reform" (Caishui [2016] No. 53, hereinafter referred to as the "Reform Notice"), the resource tax (not including Water resource tax, the same below) The specific policy issues of the reform are notified as follows:

1. The determination of the basis for resource tax calculation

The tax basis for resource tax is the sales or sales volume of taxable products. The tax objects for each tax item include raw ore, concentrate (or processed raw ore products, the same below), gold ingots, and sodium chloride primary products. The relevant provisions of the "Resource Tax Item and Tax Rate Range Table" attached to the Reform Notice shall be implemented. For other mineral products whose names are not listed, the provincial people's government can set tax items for the main mineral products in the region according to the mineral type, and set tax items for the remaining mineral products according to the category, and according to the main form of sales (such as raw ore, concentrate) Determine the tax object.

(1) The determination of sales.

Sales volume refers to the total price and extra-price fees collected by the taxpayer from the purchaser for the sale of taxable products, excluding VAT output tax and transportation and miscellaneous expenses.

Transportation costs refer to the transportation costs of taxable products from the pit or washing (processing) location to the station, wharf or the place designated by the purchaser, construction funds, and handling, storage, and port costs associated with transportation and sales. Transportation and miscellaneous expenses shall be accounted for separately from the sales amount. If the corresponding evidence is not obtained or cannot be accounted for separately from the sales amount, the resource tax shall be levied together.

(2) Regarding the conversion or conversion of raw ore sales and concentrate sales.

In order to fair the tax burden between raw ore and concentrate, for the same taxable product, where the tax object is concentrate, when the taxpayer sells the raw ore, the sales of the raw ore shall be converted into the sales of the concentrate to pay resource tax; If the object is a raw ore, taxpayers selling self-mined raw ore processed concentrates shall convert the sales of the concentrates into the sales of raw ore and pay the resource tax. In principle, the conversion ratio or conversion rate should be calculated by the raw ore selling price, concentrate selling price and beneficiation ratio, and it can also be calculated by the raw ore sales, the average cost of processing links and the profit.

Gold mines use standard gold ingots as the tax object, and taxpayers who sell gold ore and gold concentrate shall pay resource tax by converting their sales into gold ingot sales in accordance with the above regulations.

The conversion ratio or conversion rate shall be determined by the provincial finance and taxation department based on the principles of simplicity, practicability, fairness and reasonableness, and reported to the Ministry of Finance and the State Administration of Taxation for the record.

2. Determination of the applicable tax rate of resource tax

The people's governments at the provincial level shall propose or determine the applicable tax rates of resource taxes in their respective regions in accordance with the requirements of the "Reform Notice". When calculating the specific applicable tax rate, it is necessary to fully consider factors such as the resource endowment of the region, the affordability of the enterprise and the cleaning up of the fee fund. According to the principle of tax and fee translation before and after the reform, the amount of resource tax and mineral resource compensation paid by enterprises in recent years (iron ore mining The amount of resource tax paid by the enterprise is determined based on the 40% tax standard) and the market price level of mineral products. In principle, one level of tax rate is set for one mineral, and two levels of tax rate can be set for a few minerals with large differences in resource conditions according to different resource conditions and different regions.

3. Preferential policies and management of resource tax

(1) The resource tax shall be reduced by 50% for mineral resources mined by filling and mining under buildings, railways, and water bodies in accordance with the law.

Filling mining refers to the mining method of filling waste rock, tailings, waste residue, construction waste, and special filling qualified materials into the goaf or separation zone with the advancement of the mining face.

(2) The resource tax is reduced by 30% for mineral resources mined in exhaustion mines with an actual mining life of more than 15 years.

A depleted mine refers to a mine whose remaining recoverable reserves have fallen below 20% (inclusive) of the original designed recoverable reserves or the remaining service life does not exceed 5 years, and is determined by a single mine under the mining enterprise.

(3) For mineral products extracted from low-grade mines, waste rocks, tailings, waste residues, waste water, waste gas, etc. that are encouraged to be utilized, the provincial people's government shall determine whether to grant tax reduction or exemption based on actual conditions.

4. Treatment of taxation and exemption of associated minerals

For the comprehensive utilization of co-associated mines, taxpayers mine and sell co-associated ore. If the co-associated ore and the main mineral product are accounted for separately, no resource tax will be levied on the co-associated ore; if there is no separate accounting, the co-associated ore will be calculated according to the principal. The tax items and applicable tax rates of mineral products are subject to resource tax. If the Ministry of Finance and the State Administration of Taxation provide otherwise, those provisions shall prevail.

5. Regarding resource tax payment links and taxation locations

Resource tax is calculated and paid during the sales or self-use of taxable products. For the processing of concentrate products from self-mined raw ore, no resource tax shall be paid when the raw ore is transferred and used, and resource tax shall be paid when the concentrate is sold or used for its own use.

Taxpayers who process gold ingots by mining raw ore by themselves shall pay resource tax when the gold ingots are sold or used for their own use. Taxpayers who sell gold concentrates and crude gold processed by self-mining ore or self-mining ore shall pay resource tax when selling the ore or gold concentrate or crude gold, and not paying resource tax when transferring to use.

The investment, distribution, debt repayment, gift, bartering, etc. of taxable products shall be regarded as sales, and the resource tax shall be calculated and paid in accordance with the relevant provisions of this notice.

Taxpayers shall pay resource tax to the mining area of mineral products or the production area of salt. Where taxpayers mine or produce taxable products within their own provinces, autonomous regions, or municipalities directly under the Central Government, if the tax payment location needs to be adjusted, the provincial-level local tax authority shall decide.

6. Other matters

(1) If taxpayers use taxable products that have already paid resource tax to further process taxable products for sale, they will no longer pay resource tax. Taxpayers who sell untaxed products and taxed products together or mixed processing as taxable products shall accurately calculate the purchase amount of taxed products. When calculating the sales of taxable products after processing, tax deductions are allowed The purchase amount of the product; if it is not calculated separately, the resource tax shall be calculated and paid together.

(2) Taxpayers who mine raw ores or process concentrates from self-mined raw ores before July 1, 2016, and sell them after July 1, 2016, shall pay resource tax according to the provisions of this notice; sales signed before July 1, 2016 For taxable product contracts, if the sales payment is received or the evidence for obtaining the sales payment is obtained after July 1, 2016, the resource tax shall be paid in accordance with the provisions of this notice; the concentrate (or gold ingot) sold after July 1, 2016 shall be If the raw ore (or gold concentrate) used has already paid the resource tax according to the quantitative and fixed calculation method, and has been separately accounted for with the taxable concentrate (or gold ingot), the resource tax will no longer be paid.

(3) The tailings, waste residue, waste water, waste rock, waste gas, etc. that have been paid resource tax on the original ore sales before July 1, 2016 shall be reused, and the mineral products extracted from it will no longer be subject to resource tax.

Please follow the above regulations. If the previous regulations are inconsistent with this notice, this notice shall prevail.

 

 

Transfer from: Ministry of Finance, State Administration of Taxation

May 9, 2016