In order to support the smooth organization of the Beijing 2022 Winter Olympics, the country has introduced a series of tax support policies, especially the VAT refund policy for the Beijing 2022 Winter Olympics. According to the regulations, China will refund the VAT burdened by the Winter Olympics-related procurement expenditures incurred by specific subjects in China, and five designated tax service halls in Beijing and Hebei will handle the offline tax refund application business.
The Measures for the Administration of VAT Refunds for the Beijing 2022 Winter Olympics and Winter Paralympics and their Test Events issued by the State Administration of Taxation are hereby interpreted:
I. What is the background of the Measures?
In order to support the preparation for the Beijing 2022 Winter Olympic and Paralympic Winter Games and their test events (hereinafter referred to as the Beijing Winter Olympic Games), approved by the State Council, and in accordance with the relevant provisions of Article 5 and Article 9 of Circular 92, during the period from June 1, 2007 to December 31, 2022, the International Olympic Committee and its related entities, the International Paralympic Committee and its related entities (hereinafter referred to as the refunding entities) shall be entitled to VAT refunds on VAT paid by them as a result of work related to the Beijing Winter Olympic Games. During the period from June 1 to December 31, 2022, the value-added tax (VAT) payable by the IOC and its related entities and the IPC and its related entities (hereinafter referred to as the tax-refunding entities) for the procurement of goods or services within the Designated List of Goods or Services to be Procured by the IOC and its Related Entities (Annex to Announcement No. 92, hereinafter referred to as the Designated List) incurred within the territory of China in connection with the Beijing Winter Olympics may be refunded by the tax-refunding entities, on the basis of the invoices and the certificates issued by the Organizing Committee of the 2022 Winter Olympics and the Paralympics in Winter (hereinafter referred to as the BOCOG) , applying for refund to the department designated by the State Administration of Taxation (hereinafter referred to as Winter Olympics tax refund) in accordance with the tax amount stated on the invoice. The specific tax refund process will be formulated by the SAT. In order to implement the provisions of Circular 92, the State Administration of Taxation has issued the Measures to clarify the specific process of tax refund for the Winter Olympics.
Second, the Winter Olympics tax refund process includes what links?
The Winter Olympics tax rebate process mainly includes five links, respectively: to determine the list, apply for tax rebates, acceptance of tax rebates, review of tax rebates, tax rebates.
1. Determine the list. The Ministry of Finance, the State Administration of Taxation and the General Administration of Customs jointly determine the list of tax refund entities. The list of tax rebate entities contains the Chinese name of the tax rebate entity, foreign name (only overseas tax rebate entities), taxpayer identification number (tax rebate entities without tax registration for the tax rebate entity code).
2. Application for tax refund. The tax refund entity shall prepare the Winter Olympics tax refund application information in accordance with the Measures, and the relevant information recorded in the information shall be consistent with the information identified in the list of tax refund entities. After the information is prepared, the tax refund entity may submit the application for Winter Olympics tax refund to the tax department by itself or by commissioning a tax agent.
3. Acceptance of tax refund. Tax rebate entities to submit the Winter Olympics tax rebate application information is complete, fill in the content meets the requirements, the tax department will be accepted; application information is not complete, fill in the content does not meet the requirements, the tax department one-time notification of the tax rebate entity, tax rebate entity to be accepted after making corrections.
4. Review of tax refund. The competent tax authorities of the seller of goods and services in the Designated List (hereinafter referred to as the competent tax authorities of the seller) are responsible for handling the tax rebates for the Winter Olympics as well as the subsequent management. The tax authorities in charge of the selling party shall complete the audit of tax refund within the specified period.
5. Tax refund. After the competent tax authorities of the seller complete the tax refund audit, the tax refund is granted, the corresponding tax revenue refund issued by the book, and the tax refund information to the People's Bank of China treasury department at the same level. After the treasury department of the People's Bank completes the audit of tax refund, the tax will be refunded to the collection account provided by the tax refund entity.
Third, which entities can apply for the Winter Olympics tax refund?
Article 9 and Article 10 of Announcement No. 92 stipulate that the International Olympic Committee (IOC) and its related entities, the International Paralympic Committee (IPC) and its related entities enjoying preferential policies on taxation (including tax rebates for the Winter Olympics) shall be subject to a list management, and the specific list shall be put forward by the Beijing Organizing Committee for the Winter Olympics (BOCOG) and reported to the Ministry of Finance (MOF), the State Administration of Taxation (SAT) and the General Administration of Customs (GAC) to be determined. Therefore, the units within the list of tax rebate entities jointly determined by the above three departments can apply the Winter Olympics tax rebate policy according to the regulations.
Four, can the tax rebate entities entrust others to apply for the Winter Olympics tax rebate on their behalf?
Considering that there are many tax rebate entities that do not need to apply for tax registration, especially those outside the country, in order to facilitate the tax rebate entities to apply for tax rebates, and in accordance with the relevant provisions of the Tax Administration Law, the Measures make it clear that the tax rebate entities can apply for Winter Olympics tax rebates on their own, or voluntarily entrust the tax-related professional service organizations or other units and individuals to act as tax agents to apply for Winter Olympics tax rebates on behalf of the tax rebate entities.
The tax-related professional service organizations mentioned above refer to tax accountant firms and accounting firms, law firms, bookkeeping agencies, tax agencies, finance and tax consulting firms and other organizations engaged in tax-related professional services. Tax rebate entities can log on to the announcement column of tax-related professional service organizations on the portal of the State Administration of Taxation, or go to the tax service hall to check the list of tax-related professional service organizations.
V. What procurement expenditures of tax refund entities can apply for Winter Olympics tax refund?
According to the provisions of Announcement No. 92, the following procurement expenditures incurred by tax refund entities in China during the period from June 1, 2012 to December 31, 2022 (based on the date of issuance of invoices for procurement expenditures incurred by the tax refund entities) due to their work related to the Beijing Winter Olympics can apply for Winter Olympics tax rebates according to the regulations:
(1) Catering services and lodging services;
(ii) advertising services;
(iii) electricity;
(iv) communication services;
(v) real estate business leasing services;
(vi) office construction, renovation and repair services;
(vii) office equipment and related repair and repair labor services, tangible movable property business leasing services;
(viii) Goods and services purchased or accepted by Olympic broadcasting service companies and licensed broadcasters in connection with broadcasting activities, including five items:
1. Goods and services required for the construction, loading and unloading of broadcasting facilities for the event;
2. Broadcasting equipment (including video cameras, cables, and broadcasting vehicles, etc.);
3. Leasing services and related repair and maintenance labor services for broadcasting and communication equipment and vehicles;
4. related repair and maintenance labor;
4. Consulting, transportation and security services related to broadcasting;
5. Other related goods and services involved in the broadcasting of the event.
6. When can I apply for the Winter Olympics tax refund?
The application period for the Winter Olympics tax refund is from July 1, 2021 to March 31, 2023. Refund entities can submit their refund applications online at any time during the above period, or offline on selected weekdays.
It should be noted that tax refund entities can only apply for Winter Olympics tax refunds on invoices with an issuance date between June 1, 2012 and December 31, 2022
VII. What are the ways for tax refund entities to apply for Winter Olympics tax refund?
Tax refund entities can log on to the Beijing Electronic Taxation Bureau of the State Administration of Taxation (hereinafter referred to as the Beijing Electronic Taxation Bureau) to apply for Winter Olympics tax refunds, or they can go to the tax service halls designated by the State Administration of Taxation to apply for Winter Olympics tax refunds.
(1) The landing site of Beijing Municipal e-Tax Bureau is
.
(ii) The tax service halls designated by the State Administration of Taxation include:
1. The First Tax Office of Beijing Chaoyang District Taxation Bureau of the State Administration of Taxation
Address: Building 5, Greenland Center, Wangjing East Park 4, Hongtai East Street, Chaoyang District, Beijing
2. The First Tax Office of Beijing Shijingshan District Taxation Bureau of the State Administration of Taxation
Address: No.2 Building, No.255 Courtyard, Chengxing Street, Shijingshan District, Beijing (Block A, Zhonghai Mansion)
3.The First Taxation Office of Yanqing District Taxation Bureau, State Administration of Taxation, Beijing
Address: No.60, Qingyuan Street, Yanqing District, Beijing
4.The First Taxation Sub-branch of Chongli District Taxation Bureau of Zhangjiakou City, State Administration of Taxation
Address: West, Chongli District, Zhangjiakou City, Hebei Province The second floor of the People's Government Administration Service Center (Administrative Approval Bureau), Yingbin Road, Wanzi Town
5. The First Taxation Sub-bureau of Qiaodong District Taxation Bureau of the State Administration of Taxation of Zhangjiakou City
Address: Fifth Floor, Qiaodong Government Service Center, No. 1 Shengli Middle Road, Qiaodong District, Zhangjiakou City, Hebei Province
It is important to note that the application for Winter Olympics tax rebate will be accepted by the Beijing Municipal Bureau of Taxation of State Administration of Taxation in a unified manner.
VIII. What information do I need to submit to apply for the Winter Olympics tax refund?
The tax rebate entity needs to submit the following information to the tax department when applying for the Winter Olympics tax rebate for the first time:
(i) invoices issued between June 1 of the year and December 31, 2022 with the amount of tax indicated;
(ii) Application Form for VAT Rebate for the Beijing 2022 Winter Olympics and Winter Paralympics and their Test Events (hereinafter referred to as the "Application Form for Tax Rebate") ;
(iii) Certificate of VAT Refund for the Beijing 2022 Winter Olympic Games and Winter Paralympic Games and their Test Events (stamped with the Special Seal for Tax Proof of the Beijing Organizing Committee for the Winter Olympic Games (hereinafter referred to as the Certificate of Tax Refund)); and
(iv) If the application for the refund is entrusted to a tax agent or if the tax refund for the Winter Olympic Games is received by the third party's domestic Renminbi bank settlement account (hereinafter referred to as the bank account), the application form should be also submit the Entrustment Agreement on Handling of VAT Refund for the Beijing 2022 Winter Olympic Games and Winter Paralympic Games and their Test Events (hereinafter referred to as the Entrustment Agreement).
The tax refund entity submits the electronic copy of the application materials if it submits the application for tax refund through the Electronic Taxation Bureau, and submits the paper (original or copy) or electronic copy of the application materials if it submits the application for tax refund through the Tax Service Office.
When the tax refund entity applies for tax refund again, the Tax Refund Certificate and Entrustment Agreement do not need to be provided again if they have not been changed; if they have been changed, it is necessary to re-submit the new Tax Refund Certificate and Entrustment Agreement.
Nine: What requirements do invoices applying for Winter Olympics tax rebates need to meet?
In order to ensure that the invoices for applying for Winter Olympics tax rebate comply with the relevant regulations, the tax rebate entities should pay attention to the following issuance requirements when they ask for the invoices from the sellers:
Firstly, they should obtain one or more of the VAT invoices, VAT invoices, or the unified invoice for the sale of motor vehicles. The said invoices may be paper invoices or electronic invoices.
Secondly, the Chinese name of the tax-refunding entity shall be entered in the column of "Name of Purchaser" on the invoice. The Chinese name of the tax-refunding entity shall be identical with the Chinese name of the tax-refunding entity in the list of tax-refunding entities determined by the Ministry of Finance, the State Administration of Taxation and the General Administration of Customs in accordance with the provisions of Circular No. 92.
Third, the tax rebate entity has been registered for tax purposes in the territory, the tax rebate entity's taxpayer identification number should be entered in the "Taxpayer Identification Number" column of the purchaser recorded on the invoice. For tax refund entities that have not applied for tax registration in China, the tax refund entity code shall be entered in the "Taxpayer Identification Number" column of the invoice for the purchaser. Tax rebate entity code in the Ministry of Finance, State Administration of Taxation, General Administration of Customs to determine the list together.
Fourth, if a tax refund entity incurs multiple purchasing expenditures from the same merchant, and only some of the purchasing expenditures fall within the scope of the Winter Olympics tax refund, when requesting invoices, please ask the merchant to issue separate invoices for purchasing expenditures eligible for the Winter Olympics tax refund and other purchasing expenditures. For example, if a tax rebate entity purchases from a merchant accommodation services and catering services which are eligible for Winter Olympics tax rebate, and tea and other goods which are not eligible for Winter Olympics tax rebate, the accommodation services and catering services can be combined in one invoice or separately invoiced for Winter Olympics tax rebate; the tea and other goods are separately invoiced and not used for Winter Olympics tax rebate. If the above three purchasing expenditures are issued on the same invoice, the merchant can be asked to exchange the invoice.
Fifth, the tax rebate entities that have not applied for tax registration in the territory may not fill in the address, telephone number, account bank and account number related columns of the purchaser recorded on the ordinary VAT invoice or the unified motor vehicle sales invoice.
X. What requirements should be met by the Certificate of Tax Refund?
Annex 2 of the Measures announced the unified style of the Tax Refund Certificate. The Chinese name of the tax rebate entity and the code of the tax rebate entity (or the taxpayer identification number) filled in the Tax Rebate Certificate shall be consistent with the relevant information of the tax rebate entity set out in the list determined by the Ministry of Finance, the State Administration of Taxation, and the General Administration of Customs; the name of the payee, the name of the payee's depository bank, and the account number of the payee's depository bank shall be consistent with the information in the relevant columns on the Application Form for Tax Rebate and the Entrustment Agreement submitted by the tax rebate entity. The tax refund entity shall obtain from the Beijing Winter Olympic Organizing Committee the Tax Refund Certificate with the special seal for tax certificate of the Beijing Winter Olympic Organizing Committee.
XI. What requirements does the Entrustment Agreement need to fulfill?
Annex 3 of the Measures publishes the unified style of the Entrustment Agreement. If the tax refund entity entrusts other organizations or individuals to apply for the Winter Olympics tax refund on its behalf, or collects the Winter Olympics tax refund in the bank account of the third party entrusted by it, it needs to submit the Entrustment Agreement to the tax department when applying for the Winter Olympics tax refund.
The Chinese name of the tax refunding entity and the code of the tax refunding entity (or the taxpayer identification number) filled in the Entrustment Agreement shall be consistent with the relevant information of the tax refunding entity stated in the list determined by the Ministry of Finance, the State Administration of Taxation and the General Administration of Customs.
XII. What are the requirements for the bank account for collecting the tax refund for the Winter Olympics?
The bank account for collecting tax rebates for the Winter Olympics shall be a domestic RMB bank settlement account. The tax rebate entity can use its own bank account to collect the Winter Olympics tax rebate, and can also use the bank accounts of other units or individuals (including but not limited to tax agents) to collect the Winter Olympics tax rebate.
Thirteen, how to calculate the amount of Winter Olympics tax refund?
The amount of VAT to be refunded in accordance with Article 5 of Circular 92 shall be the amount of tax stated on the invoices eligible for Winter Olympics tax refund. For example, if a tax-refunding entity incurs accommodation expenses of RMB 1,060 and obtains an ordinary VAT invoice with an amount of RMB 1,000 and a tax amount of RMB 60, the amount of VAT that the tax-refunding entity can apply for a refund in accordance with the regulations is RMB 60.
It should be noted that if the tax amount column of the invoice obtained by the tax-refunding entity is indicated as "***", "0" or unfilled, it means that the price paid by the tax-refunding entity for the procurement expenditure does not include VAT, and the tax-refunding entity is not required to apply for refund of VAT for this procurement expenditure accordingly. There is no need to apply for VAT refund.
What invoices are not refundable?
The invoices submitted by tax-refunding entities shall not be refunded if the following circumstances exist:
(1) the items of procurement expenditures recorded on the invoices do not belong to or do not all belong to the scope of the items of goods or services listed in the Specified List;
(2) the invoices are characterized as false invoices;
(3) the invoices have been used for the purpose of input tax deduction, deduction of difference in value-added tax, declaration, application for set-aside refund, export refund, or application of set-aside refund. export tax refund, application for tax credit refund or other tax refund;
(iv) has been canceled or has been issued red-letter invoices accordingly;
(v) there is a doubtful point of value-added tax risk that cannot be excluded;
(vi) other circumstances stipulated by the State Administration of Taxation.
The tax refund entity submits multiple invoices to apply for the Winter Olympics tax refund, and if some of the invoices have the above non-refundable circumstances, it will not affect the other invoices that meet the conditions for the Winter Olympics tax refund to process the tax refund.
XV. Can the invoices obtained by tax refund entities only be used for tax refund?
The Winter Olympics tax rebate for tax rebate entities to apply for matters on their own. For tax rebate entities that have not applied for tax registration in China, they can choose to apply or not apply for Winter Olympics tax rebate; for tax rebate entities that have applied for tax registration in China, the invoices obtained by them can be used for applying for Winter Olympics tax rebate, and they can also be used for offsetting input tax, applying for deduction of difference of VAT, declaring for export tax rebate, applying for offsetting tax rebate, as well as other tax rebates according to the current regulations.
It should be noted that the invoices that have been used for the Winter Olympics tax refund shall not be used for input tax credit, VAT difference deduction, export tax refund, tax retention and other tax refunds; the invoices that have been used for input tax credit, VAT difference deduction, export tax refund, tax retention and other tax refunds shall not be used for the Winter Olympics tax refund.
Sixteen, what if the information recorded on the invoice obtained by the tax refund entity is wrong?
If the information recorded on the invoices obtained by the tax rebate entities is wrong, for example, if the columns of the name of the purchaser, taxpayer identification number, item name, specification model, unit, quantity, unit price, amount, tax rate, tax amount and so on recorded on the face of the invoices are wrong, the invoices of different types should be processed separately.
For the case that the invoice obtained by the tax refund entity is a paper invoice, the tax refund entity shall return the invoice with incorrect information and reissue the invoice with correct information by the seller; or reissue the invoice with correct information by the seller after issuing a red invoice in accordance with relevant regulations.
In the case where the invoice obtained by the tax refund entity belongs to the electronic invoice, the tax refund entity shall request the seller to reissue the invoice with correct information after issuing the red-letter invoice in accordance with the relevant provisions.
Seventeen: How can tax refund entities inquire about the progress and results of tax refund processing?
Tax refund entities can log on to Beijing Electronic Taxation Bureau to inquire about the progress and results of their Winter Olympics tax refund processing. The tax authorities will send the Chinese version of the Notice on Tax Matters to the tax refund entities in accordance with the processing procedures, informing them of the relevant aspects of the processing situation. If necessary, tax refund entities can also download the electronic copy of the Notice of Tax Matters.