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GUO WU YUAN LING [17] 1988.9.27
Article 1 These Regulations are formulated in order to properly
utilize city and township land, regulate the different proceeds
from different grades of land, increase the efficiency of land use
and strengthen the administration of land.
Article 2 The units and individuals utilizing land within the area
of city, county, township and mining districts shall be taxpayers
of the City and Township Land Use Tax (hereinafter referred to as
"Land Use Tax"), (hereinafter called "Taxpayers")
who are liable to Land Use Tax in accordance with these Regulations.
Article 3 The computation of Land Use Tax shall be based on the
amount of area actually occupied by taxpayers and by applying the
amount of tax specified.
The measuring of the amount of area occupied as mentioned in the
preceding paragraph shall be determined by the governments of provinces,
autonomous regions or municipalities directly under the Central
Government according to practical circumstances.
Article 4 The annual amount of Land Use Tax per square meter is
as follows:
A.0. 5-10 Renminbi yuan in large cities;
B. 0. 4-8 Renminbi yuan in medium size cities;
C. 0. 3-6 Renminbi yuan in small cities;
D. 0. 2-4 Renminbi yuan in counties, townships and mining districts.
Article 5 The governments of provinces, autonomous regions and municipalities
directly under the Central Government shall determine the applicable
range of amount of tax for their own jurisdictions within the ranges
listed in the preceding Article with respect to the city construction
conditions and the extent of economic prosperity.
The municipal and county governments shall , based on practical
conditions, classify the land in their jurisdictions into different
grades, and formulate the applicable amount of tax in accordance
within the range of amount of tax stipulated by the governments
of provinces, autonomous regions and municipalities directly under
the Central Government, and then submit it to the governments of
provinces, autonomous regions and municipalities directly under
the Central Government for approval.
Upon approval by the governments of provinces, autonomous regions
and municipalities directly under the Central Government, the applicable
range of tax amounts in economically backward areas may be appropriately
lowered. However, the amount lowered shall not exceed 30% of the
minimum amount of tax ^as stipulated in Article 4 of these Regulations.
The range of tax amounts in economically developed areas may be
appropriately raised upon approval of the Ministry of Finance.
Article 6 The following types of land shall be exempt from Land
Use Tax:
A. land occupied by governmental organs, people's organizations
and military units for self-use;
B. land occupied by units for self-use, which are financed by the
institutional allocation of funds from financial departments of
the State;
C. land occupied by religious temples , parks and historic scenic
spots;
D. land for public use occupied by Municipal Administration, public
squares and greenbelts;
E. land directly utilized for production in the fields of agriculture,
forestry, animal husbandry and fishery industries;
F. land developed for mountain and river areas and waste land improved
upon approval shall be exempt from Land Use Tax from five to ten
years starting from the date they are put into operation;
G. land for energy, transportation and water conservancy and other
land stipulated by Ministry of Finance for tax exemption.
Article 7 In addition to specifications in Article 6 of these Regulations,
Taxpayers who have difficulty in paying Land Use Tax and request
periodic tax reductions and exemptions must report to the State
Administration of Taxation for approval after examination by the
Tax Authorities of Provinces, Autonomous Regions and Municipalities
directly under the Central Government.
Article 8 Land Use Tax shall be computed on an annual basis and
paid in installments. The time limit for tax payment shall be determined
by the Governments of Provinces, Autonomous Regions or Municipalities
directly under People's Governments.
Article 9 Land Use Tax on newly taken-over land shall be levied
according to the following rules:
A. Land Use Tax on taken-over farm land shall be levied one full
year starting from the date of approval for taking over;
B. Land Use Tax on taken-over nonfarm land shall be levied as of
the month following approval for taking over.
Article 10 Land Use Tax shall be collected by the tax department
in the region where the land is located. The Land Administration
Departments are obliged to provide tax departments the documents
related to the ownership of land use rights.
Article 11 The collection and administration of Land Use Tax shall
follow the provisions of "The Law of The People's Republic
of China on the Administration of Tax Collection".
Article 12 Land Use Tax revenue shall be placed under financial
budgetary control.
Article 13 The authority for interpretation of these Regulations
is the Ministry of Finance; the measures shall be formulated by
Governments of Provinces, Autonomous Regions and Municipalities
directly under People's Governments and shall be submitted to the
Ministry of Finance for recording.
Article 14 These Regulations shall come into effect as of November
1, 1988, and the measures for land use fees formulated by local
Governments shall cease to be implemented at the same time.
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