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Law

Implementing the principle of statutory taxation and promoting high-level opening-up to the outside world

2024-05-03   

Recently, the 9th meeting of the Standing Committee of the 14th National People's Congress passed the Tariff Law of the People's Republic of China, which will come into effect on December 1, 2024. Wang Xiang, Deputy Director of the Economic Law Office of the Legal Working Committee of the Standing Committee of the National People's Congress, answered questions from reporters regarding the background and ideas for formulating the Tariff Law, the main content of the Tariff Law, and the arrangements for the release of the Import and Export Tariffs of the People's Republic of China (hereinafter referred to as the "Tariffs"). Q: What is the background and ideas for formulating tariff laws? Answer: Tariffs are taxes levied by the customs on imported and exported goods and imported goods. Tariff collection is related to national sovereignty and interests. It is not only an important source of fiscal revenue, but also an important means of implementing macroeconomic regulation and trade and industrial policies. It also plays an important role in serving the overall situation. In recent years, there have been new situations and changes in the tariff field, and it is necessary to formulate tariff laws based on summarizing the experience of implementing import and export tariff regulations. One is that the legislative law clearly requires the formulation of laws for the establishment of tax types, determination of tax rates, and management of tax collection and other basic tax systems. Secondly, in order to actively and effectively respond to changes in the domestic and international situation, it is necessary to strengthen the role of tariffs as domestic and international dual circulation regulators while improving the tariff system, and enrich legal response measures. Thirdly, as the reform of customs clearance facilitation continues to deepen, in accordance with the requirements of actively connecting with international high standard economic and trade rules, it is necessary to timely elevate mature experience and practices related to tariff collection and management to a legal system. The introduction of the Tariff Law is of great significance for the development of foreign trade, the expansion of institutional opening up, and the promotion of high-quality development. It is also an important measure to implement the task of statutory tax reform. In formulating the Tariff Law, the overall approach mainly focuses on the following points: firstly, adhering to the leadership of the Party and improving the tariff work system. The second is to maintain the basic stability of the current tariff system, maintain the overall level of tax burden, and elevate the import and export tariff regulations and relevant policy provisions into laws. The third is to adhere to a problem oriented approach, coordinate development and security, and ensure a good connection with the current legal system, while reserving space for further deepening reforms. Fourthly, based on the nature and characteristics of tariffs, relevant institutional mechanisms should be designed prudently and flexibly to meet the practical needs of targeted regulation while adhering to the principle of tax legality. Q: What are the main contents of the Tariff Law? Answer: The Tariff Law consists of seven chapters and seventy-two articles, which mainly include: firstly, adhering to the leadership of the Party over tariff work and establishing a sound management system for tariff work. Clarify the authority of the Standing Committee of the National People's Congress, the State Council, and the State Council Tariff and Tariff Commission to adjust tax items and rates, as well as the basic system for tariff collection and management. The second is to clarify the scope of tariff application. Customs duties shall be levied by the People's Republic of China in accordance with the provisions of this Law and relevant laws and administrative regulations on goods and imported items allowed for import and export. The consignee of imported goods, the shipper of exported goods, and the carrier or recipient of imported goods are taxpayers of customs duties; Adapt to the development requirements of cross-border e-commerce and make clear provisions for withholding agents in relevant fields. The third is to standardize the setting, adjustment, and implementation of tariff items and rates. Clearly include import and export tax rules that include tariff items and tax rates,

Edit:Jia jia Responsible editor:Yi Yi

Source:http://www.legaldaily.com.cn

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