GACC Announcement No.8, 2016 on （Revised Dutiable Value for Aircraft Operational Leasing）
[2016-03-04 11:08:43]
To standardize the determination of dutiable value for operational leasing of aircrafts, in accordance with China Customs Measures on Determination of Dutiable Value of Import & Export Goods (listed in GACC Decree No.213), relevant matters are hereby announced:
1.As regards external repair fee borne by the lessee during the period of the leasing, the dutiable value shall be determined by Article 28 in the "Measures on Determination of Dutiable Value" aforesaid.
2.Any compensation paid by the lessee to the lessor or aircraft repair fee borne by the lessee, whether domestically or externally arising, shall be counted as rental into dutiable value.
3.The maintenance deposit not refunded to the lessee upon the leasing termination shall be counted as rental into dutiable value.
4.Where the lessor is the legal taxpayer, any indirectly-paid rental including income tax, business tax, and value-added tax that are borne by the lessee shall be counted into dutiable value.
Such aforesaid tax shall be declared to local Customs for taxation along with the next payment of the rental; regarding domestic tax paid for last-term rental, the lessee shall, within 30 days upon the payment, declare to local Customs for taxation.
5.The insurance concerned with aircraft fuselage and spare parts, which are payable by the lessee domestically or externally as indirect rental, shall be counted into dutiable value; the insurance concerned with normal business operation during the leasing period shall not be counted into dutiable value.
The lessee shall, within 30 days after the insurance payment, declare to local Customs for taxation.
6.This Announcement shall enter into effect upon its issuance, along with simultaneous repeal of GACC Announcements No.47 of 2010 and No.55 of 2011.
As regards repairs finished before this Announcement issuance, if the repairs belong to the lessee's obligation under the leasing contract, the repair fees arising home or abroad shall be counted as rental into dutiable value; where aircraft overhaul is carried out domestically, the lessee-paid domestic tax as VAT, cost of homemade parts/materials, and taxed cost of imported parts/materials shall not be counted into dutiable value. The lessee shall, within 30 days after payment of the repair fees, declare to local Customs for taxation.
The insurance paid before this Announcement issuance may be conducted as per article 5 herein; however, if insurance policy makes no difference between all risks for fuselage/spare parts, third-party liability insurance, and business operational insurance, the insurance expense arisen shall not be counted into the dutiable value.
General Administration of Customs of China (GACC)
January 29, 2016
1.As regards external repair fee borne by the lessee during the period of the leasing, the dutiable value shall be determined by Article 28 in the "Measures on Determination of Dutiable Value" aforesaid.
2.Any compensation paid by the lessee to the lessor or aircraft repair fee borne by the lessee, whether domestically or externally arising, shall be counted as rental into dutiable value.
3.The maintenance deposit not refunded to the lessee upon the leasing termination shall be counted as rental into dutiable value.
4.Where the lessor is the legal taxpayer, any indirectly-paid rental including income tax, business tax, and value-added tax that are borne by the lessee shall be counted into dutiable value.
Such aforesaid tax shall be declared to local Customs for taxation along with the next payment of the rental; regarding domestic tax paid for last-term rental, the lessee shall, within 30 days upon the payment, declare to local Customs for taxation.
5.The insurance concerned with aircraft fuselage and spare parts, which are payable by the lessee domestically or externally as indirect rental, shall be counted into dutiable value; the insurance concerned with normal business operation during the leasing period shall not be counted into dutiable value.
The lessee shall, within 30 days after the insurance payment, declare to local Customs for taxation.
6.This Announcement shall enter into effect upon its issuance, along with simultaneous repeal of GACC Announcements No.47 of 2010 and No.55 of 2011.
As regards repairs finished before this Announcement issuance, if the repairs belong to the lessee's obligation under the leasing contract, the repair fees arising home or abroad shall be counted as rental into dutiable value; where aircraft overhaul is carried out domestically, the lessee-paid domestic tax as VAT, cost of homemade parts/materials, and taxed cost of imported parts/materials shall not be counted into dutiable value. The lessee shall, within 30 days after payment of the repair fees, declare to local Customs for taxation.
The insurance paid before this Announcement issuance may be conducted as per article 5 herein; however, if insurance policy makes no difference between all risks for fuselage/spare parts, third-party liability insurance, and business operational insurance, the insurance expense arisen shall not be counted into the dutiable value.
General Administration of Customs of China (GACC)
January 29, 2016
Source: ETCN
Related Articles:
Most Read
- GACC Announcement No.10, 2017 on China-South Korea Goods Origin Info Exchange System
(2017-02-09) - Explanations on Compilation & Release of the "China Export Leading Indicator"
(2014-07-10) - GACC Announcement No.26, 2016 on (Cross-Border E-Commerce Retail Import/Export Control)
(2016-05-10) - GACC Announcement No.46, 2015 (on Uniform Social Credit Code Implementation)
(2015-10-10) - GACC Announcement No. 32, 2016 on (Uniform Social Credit Code for Legal Persons & Organizations)
(2016-05-13) - AQSIQ-CNCA Announcement No. 117, 2012 on Compulsory Certification-Free Products
(2012-08-16) - China Tariffs Implementation Plan for 2013
(2012-12-27) - China Bans Export of Protected Fossils
(2010-11-25) - Announcement of the General Administration of Customs of P. R. China, No. 43, 2010
(2010-07-06) - AQSIQ Announcement No.54, 2014 on China-Switzerland FTA Certificate of Origin
(2014-05-16)
