Article 1 These Rules are formulated in accordance with the provisions of Article 17 of the "Provisional regulations on Fixed Asset Investment Orientation Regulatory Tax of the People's Republic of China"(hereinafter referred to as the Regulations)。
  Article 2 The "taxpayer of the fixed asset investment orientation regulatory tax" mentioned in Article 2 of the Regulations refers to governments at all levels,administrative institutions,military units,state-owned enterprises and other undertakings,collective enterprises and other undertakings,private enterprises,individual industrial and commercial operators and other institutions and individuals making investment in fixed assets with all sorts of funds.
  "All sorts of funds" include funds under state budget,domestic and foreign loans,borrowings,grants,all sorts of self-owned capital,self-raised funds and other funds.
  Article 3 The "investment in fixed assets" mentioned in Article 2 of the Regulations refers to investment in fixed assets in all fields of the society,including investment in capital construction,projects of updating and technical transformation,real estates and other fixed assets.
  Article 4 The terms of capital construction projects,updating and technical transformation projects,projects of pavilions,theaters,exhibition halls,guesthouses and ordinary houses shall be differentiated in accordance with relevant regulations of the State.
  Article 5 "Unit project" mentioned in Article 3 of the Regulations refers to those itemized in the "Table of Tax Items and Rates of the Fixed Asset Investment Orientation Regulatory Tax".
  Article 6 "The actually completed investment in a fixed asset" mentioned in Article 4 of the Regulations shall include the investment in construction and installation,investment in equipment,other investment,transfer-out investment,investment to be amortized and investment to be written off after verification.
  Article 7 Investment in capital construction projects shall be assessed for the tax payable on the basis of the total investment actually completed;that in updating and technical transformation projects shall be assessed for the amount of tax payable on the basis of the total investment already completed on the engineering work;and investment in other fixed assets shall be assessed for the amount of tax payable on the basis of the total investment already made.
  Article 8 Regulatory Tax shall be levied in advance according to the work volume of the project plans assigned by the planning departments after the plans have been examined by the taxation departments and settled according to the investment actually completed in the projects at the end of the year. And final financial settlement shall be made according to the actually completed investment following the completion of the project,with the excess refunded and shortage made up by supplementary payment.
  Article 9 Tax on the comprehensive costs of an investment project shall be assessed at the tax rate of each engineering unit of the main project.
  Article 10 Regulatory tax and the interests paid to banks on loans used in the investment project shall be accounted for in the total investment in the fixed asset,itemized separately in the annual fixed asset investment plan and deducted in advance in the assessment of the amount of regulatory tax by the tax authorities at the time of the advance payment,settlement and final financial settlement.
  Article 11 The applicable taxable items,tax rates and tax amounts payable of each engineering unit investment in fixed asset investment projects shall be examined and verified by the planning committee(or planning and economic committee)of a provincial level in accordance with the Regulations when consolidating the plans.
  Article 12 A taxpayer shall pay tax by the procedure cited below:
  1. A taxpayer shall complete tax registration with the local tax authorities within 30 days after the reception of the yearly fixed asset investment plan or other construction document approved by the competent authorities. Meanwhile,the taxpayer shall file tax returns with and pay tax to the tax authorities(or the withholding department)。
  2. A taxpayer shall make advance payment of the regulatory tax to the local bank or the authorized withholding department according to the tax amount payable verified by,the time limit for tax payment prescribed by and the special tax payment document issued by the tax authorities.
  3. Should a taxpayer have difficulty making advance payment of the tax of the whole year in one payment,it may make installment payments in the time limits approved by the tax authorities.
  4. A taxpayer having made advance payment of tax or completed the tax payment formalities in accordance with the regulations shall bring the tax payment receipts to the planning department to apply for an investment permit.
  5. In the process of completing the tax payment procedure,a taxpayer shall submit fixed asset investment plan documents,accounting statements and relevant information to the tax authorities in accordance with the relevant regulations. The specific time limit thereto shall be determined by the local tax authorities.
  6. The annual settlement of the regulatory tax,final settlement on completion of the project thereof and other relevant matters shall be handled in accordance with the stipulations of the tax authorities.
  Article 13 Rules for the administration of the withholding and collecting of the Regulatory Tax by a withholding agent shall be determined by the taxation departments of the provinces,autonomous regions and municipalities directly under the State Council and cities directly under state plans.
  Article 14 A taxpayer in arranging investment in fixed asset projects in more than one region or in making joint investments in different projects in China shall have the local builders file tax returns and pay tax where the projects are located.
  The Regulatory Tax on those projects cited above shall be levied by the local tax authorities. If tax on some isolated projects cannot be collected properly,the higher tax authorities shall decide the location for tax collection.
  Article 15 A withholding department shall withhold the tax payment in full amount and in time in accordance with the letter of withholding authorization and the relevant regulations and make timely transfers to the State Treasury,and the tax authorities shall pay a commission thereupon accordingly. Should it fail to make the proper withholding thus resulting in tax evasion,the withholding department shall be responsible for payment of the tax.
  Article 16 Should a taxpayer fail to provide the documents of the fixed asset investment plan,accounting statements and the relevant information in connection with tax payment in accordance with the relevant regulations,the tax authorities may impose a fine up to 5,000 yuan.
  Should a taxpayer fail to make a truthful report of the actually completed investment in a fixed asset project,the tax authorities may request a relevant department to assess the actual completed investment and the tax amount payable and impose on the taxpayer a fine up to twice the reassessed amount of tax payable.
  Article 17 The "fixed asset investment projects unlisted in the state plans" and "capital construction projects in the name of technical updating and transformation" mentioned in Article 11 of the Regulations shall be defined by a relevant department in accordance with the relevant state regulations and taxed directly by the tax authorities accordingly.
  Article 18 Pursuant to the provisions of Article 13 of the Regulations,the collection of the Regulatory Tax shall be administered in accordance with the relevant provisions of the "Provisional regulations of the People's Republic of China on the Administration of Tax Collection",unless it is otherwise provided in these Rules.
  Article 19 The formats of tax registration forms,tax returns,special payment documents and tax payment vouchers for the Regulatory Tax shall be made exclusively by the State Administration of Taxation and shall be printed exclusively by the tax bureaus of the provinces,autonomous regions and municipalities directly under the State Council.
  Article 20 In order to cover the operating costs in the collection of the Regulatory Tax,it shall be permissible to draw a certain portion from the revenue of the Regulatory Tax to be used exclusively on the operating costs and expenses of the taxation and planning departments.
  Article 21 The State Administration of Taxation shall be responsible for the interpretation of these Rules.
  Article 22 These Rules shall go into effect simultaneously with the Regulations.