Jun. 23 – Value-added tax is a primary tax in China and responsible for over half of the tax revenues raised by the China taxman. Its importance in terms of affecting foreign investment – especially for SMEs – cannot be underestimated, and the subject needs to be broached both prior to establishment and as an operational concern.
If the VAT complexities are misunderstood, or not catered for, the investor stands to lose out in terms of miscalculating the required amount of registered capital or may render themselves unable to claim back VAT upon export.
In this article we examine some of the common mistakes made by foreign investors when it comes to understanding VAT:
Lower registered capital amounts affecting VAT rebates upon export
Many people are aware that the minimum registered capital amounts to establish a trading, import-export or manufacturing company in China has been lowered, to amounts of RMB100,000 (about US$15,000) or even less. What is less commonly understood is that adhering to the “minimum registered capital” amount can cause serious problems when applying for VAT general taxpayer status. The benefits of having VAT general taxpayer status is that it gives the VAT payer the right to issue VAT receipts to their clients, which allows them to deduct the input VAT from purchases when it pays output VAT for sales. Without this it is impossible to claim back VAT upon export.
For the foreign registered business in China (usually a FICE or WFOE) that deals with customers who need VAT receipts – such as industry-related producers – normally a VAT general taxpayer status application and approval will be required. If the business is only engaged in trading consumable products to individual customers, this is probably not necessary.
China’s State Administration of Taxation has clarified this by stipulating that if VAT taxpayers’ annual taxable sales pass the level of the small-scale taxpayer set by the Ministry of Finance, they shall apply to the tax authorities for the general taxpayer qualification. That threshold has been set at an annual sales level of RMB500,000 (about US$73,500) for enterprises engaged in the production of goods or the provision of taxable services and RMB800,000 (about US$118,000) for enterprises engaged in wholesaling or retailing.
China’s tax authorities will approve the general taxpayer qualification for taxpayers who have fixed production or operation sites, comply with the standard national accounting regulations, and can provide accurate and complete tax records. It should be noted that over the past year, the authorities have been very lenient in the granting of VAT general taxpayer status to companies that do not quite meet the requirements listed above.
The application documents for VAT general taxpayer status are as follows:
- Written application
- Established contract and property rental agreement
- General taxpayer certificate
- Identification of the legal representative and accounting staff and accounting certificate
- A photograph of the person who purchases the invoice
- Temporary/formal confirmation for general taxpayer
- Other relevant documents and information as required by the local tax authorities
- Annual financial record
As all foreign-invested commercial enterprises (FICEs) are related to trading, usually a FICE will need to apply for VAT general tax payer status for the purpose of deducting input VAT. Certain trading WFOEs also need to bear this figure in mind. Without attention to detail here, especially when dealing with agents and consultants with no tax experience, it can cause cash flow problems to the company.
Accordingly, the issue of VAT general taxpayer status needs to be dealt with as a pre-incorporation issue, and the financial implications of this thoroughly understood. The VAT issue must be taken into consideration prior to incorporation and this needs attention at the front end of the incorporation process if VAT claims are to be successfully realized at export of purchased goods upon commencement of operations.
Important VAT issues that are commonly misjudged
VAT treatment
There are many common misconceptions as concerns to VAT exemption on exports. If the refund rate is lower than the levy rate, the company must bear the additional VAT cost on exportation.
The VAT rate for general taxpayers is generally 17 percent, or 13 percent for some goods.

For taxpayers who deal in goods or provide taxable services with different tax rates, the sale amounts for the different tax rates shall be accounted for separately. It is therefore important to maintain accurate records to differentiate between these. If this is not done, the tax bureau will assume the higher tax rate.
The VAT cost is calculated as follows:
VAT general taxpayers
The VAT payable shall be the balance of output tax for the period, after deducting the input tax for the period. The formula required:
VAT payable = output VAT – input VAT
Output VAT is calculated based on the value of the taxpayer’s sales, namely Output VAT = A × B, where A = sales value and B = tax rate
VAT small scale taxpayers
As we mentioned earlier, the sales threshold for small scale taxpayers is RMB500,000 for enterprises engaged primarily in the production of goods or the provision of taxable services; RMB800,000 for enterprises engaged in the wholesaling or retailing of goods (it was reduced in 2009 from RMB1 million and RMB1.8 million respectively). Non-enterprise units and entities that normally do not engage in taxable activities were given the choice whether or not they are taxed as small-scale taxpayers while individual (natural person) taxpayers with business turnover exceeding the threshold shall continue to be taxed as small-scale taxpayers. The current VAT rate for small scale taxpayers is 3 percent. Such taxpayers cannot deduct input VAT, so the formula is as follows:
VAT payable = sales value × tax rate (3 percent)
For the sale of goods or taxable services, VAT is incurred on the date when the sales sum is received, or documented evidence of the right to collect the sales sum is obtained. For imported goods, it is incurred on the date of import declaration. VAT on imported goods is collected by China Customs on behalf of the tax authorities. VAT on articles for personal use brought or mailed into China by individuals is levied at the same time as customs duty.
Requirement to cater for up front Customs deposits
We often hear the misconceived statement: “There is no VAT and custom duty levied on imported raw materials used for manufacturing goods locally if these are then finally exported 100 percent.” It is incorrect. Actually, newly established foreign-invested enterprises must still make a tax deposit to the Administration of Customs for VAT (at around 17 percent) and remit duty on the initial importation, generally for a period of six months. This amount should be factored in to the registered capitalization requirement of the business. However, many new investors do not budget for this as initial working capital to be contributed as part of registered capital, leaving them short of operating cash later on. This can be frustrating first as the businesses financial needs have been underestimated, and also because the cash flow shortage causes operational problems and pressures.
These problems can be overcome, but are time consuming and administratively wasteful. It can also cause unnecessary additional expenditure at the front end of the businesses life. Attention to detail should be put in prior to incorporation to ensure this has been catered for. If the business has already been established, it is still possible to amend the situation, however an application for VAT small payer status will still need to be made, and approval granted. Without going through this process, no VAT refunds will be permitted.
Sabrina Zhang is the national tax partner for Dezan Shira & Associates, and may be contacted for advice over VAT, tax structuring, and VAT claims in China. E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
This article was adapted from the current June issue of China Briefing “Pre and Post-Registration Incorporation Procedures” the full issue of which may be purchased from the Asia Briefing bookstore priced at US$10.
Source - China Briefing (http://www.china-briefing.com/news/2010/06/23/common-china-vat-mistakes-by-foreign-investors.html#more-8273)



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