6 May 2016
China Revises Criteria of Serious Tax Offences
The State Administration of Taxation (SAT) recently issued the revised Measures for the Release of Information on Major Tax Violation Cases (for Trial Implementation). This 18-article document details the revisions made in the principles governing the release of information on major tax violation cases, the definitions of different violation acts, the content and means of information release, as well as areas such as remedy measures, information storage and disciplinary measures.
According to a tax official in charge, the latest revisions focus on the criteria for determining serious tax offences.
The criterion for determining a tax evasion case is revised from "with tax in arrears reported upon audit exceeding Rmb5 million or accounting for at least 10% of the taxes payable" to "with tax in arrears reported upon audit exceeding Rmb1 million and accounting for over 10% of the total taxes payable in any given year".
The criterion for determining a tax payment evasion case is revised from "with tax in arrears reported upon audit exceeding Rmb5 million" to "with unpaid taxes payable exceeding Rmb1 million".
The criterion for determining a case of defrauding export tax refunds and falsely issuing special VAT invoices is revised from "with falsely reported taxes amounting to over Rmb10 million" to not setting any limits.
The criterion for releasing information on a case of false issuance of ordinary invoices is revised from "a cumulative book value of over Rmb50 million" to "falsely issuing ordinary invoices that exceed 100 in number or Rmb400,000 in total amount".
At the same time, no criteria are set for determining cases involving the unauthorised printing, counterfeiting or fabricating of invoices, illegal production of special anti-falsified products for invoices, and the forgery of invoice supervision seals.
For details of the Measures in Chinese, please see: