Order of the President of the People's Republic of China
No. 43
No. 43
The Law of the People's Republic of China on Motor Vehicle and Vessel Taxes adopted at the 19th Session of the Standing Committee of the National People's Congress on February 25, 2011 is hereby issued and shall come into force from January 1, 2012.
Hu Jintao, President of the People's Republic of China
February 25, 2011
February 25, 2011
Article 1 Owners and operators of motor vehicles and vessels within the territory of the People's Republic of China, specified in the Table of Items and Amounts of the Motor Vehicle and Vessel Taxes attached to this Law, are the motor vehicle and vessel tax payers and shall pay such taxes in accordance with this Law.
Article 2 Tax rates for motor vehicles and vessels shall be based on the Table of Items and Amounts of the Motor Vehicle and Vessel Taxes attached to this Law.
The specific tax rates for vehicles shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government based on the Table of Items and Amounts of the Motor Vehicle and Vessel Taxes, attached to this Law, and relevant provisions of the State Council.
The specific tax rates for vessels shall be determined by the State Council within the range of tax amount of the Table of Items and Amounts of the Motor Vehicle and Vessel Taxes attached to this Law.
The specific tax rates for vehicles shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government based on the Table of Items and Amounts of the Motor Vehicle and Vessel Taxes, attached to this Law, and relevant provisions of the State Council.
The specific tax rates for vessels shall be determined by the State Council within the range of tax amount of the Table of Items and Amounts of the Motor Vehicle and Vessel Taxes attached to this Law.
Article 3 The following types of motor vehicles and vessels are exempt from motor vehicle and vessel tax:
(1) Fishing boats and aquaculture boats;
(2) Vehicles and vessels used by the army and armed police;
(3) Vehicles and vessels for police purposes; and
(4) Vehicles and vessels of embassies, consulates, and representative offices of international organizations in China that are tax exempt under relevant laws, and of their relevant staff.
(1) Fishing boats and aquaculture boats;
(2) Vehicles and vessels used by the army and armed police;
(3) Vehicles and vessels for police purposes; and
(4) Vehicles and vessels of embassies, consulates, and representative offices of international organizations in China that are tax exempt under relevant laws, and of their relevant staff.
Article 4 Motor vehicles and vessels that are energy conservative or use alternative energy are entitled to tax break or tax exemption; where there is a need for tax break or exemption due to difficulty caused by severe natural disaster or other special factors, tax breaks or exemption may be granted. Detailed measures for these shall be determined by the State Council and reported to the Standing Committee of the National People's Congress for filing.
Article 5 The government of each province, autonomous region, or municipality directly under the Central Government may, based on the local conditions, grant tax reduction on a regular basis to motor vehicles and vessels used for public transportation and motorcycles, tricycles and low-speed trucks owned by rural residents and mainly used in the rural area, or grant exemption of motor vehicle and vessel tax thereto.
Article 7 The location for payment of motor vehicle and vessel tax shall be the place where the vehicle or vessel is registered or where the withholder is located. For motor vehicles and vessels for which no registration is required, the location for payment of motor vehicle and vessel tax shall be the place where the owner or operator is located.
Article 10 The registration authorities for motor vehicles and vessels used in public security, transportation, agriculture, fishery, as well as the vessel inspection agencies and competent regulators for withholders and taxpayers, shall help the taxation authorities with collection and administration of motor vehicle and vessel tax by providing information relating to motor vehicles and vessels involved.
The owner or operator of a vehicle shall provide the certificate of tax clearance or certificate of tax exemption to the transportation administration of the public security when going through procedures for registration or regular inspection. The transportation administration of the public security may go through relevant procedures after verifying such certificates.
The owner or operator of a vehicle shall provide the certificate of tax clearance or certificate of tax exemption to the transportation administration of the public security when going through procedures for registration or regular inspection. The transportation administration of the public security may go through relevant procedures after verifying such certificates.
Article 11 With regard to the administration of motor vehicle and vessel tax, the provisions of this Law and the Law of the People's Republic of China on the Administration of Tax Collection shall apply.
Article 13 This Law shall come into force on January 1, 2012. The Interim Regulations of the People's Republic of China on Vehicle and Vessel Tax promulgated by the State Council on December 29, 2006 will be simultaneously repealed.
Annex:
Table of Items and Amounts of the Motor Vehicle and Vessel Taxes
Items | Taxable base | Annual rate | Notes | |
Passenger cars (graded by the cylinder capacity (displacement) of engines) | Smaller than 1.0 liters (inclusive) | Per vehicle | RMB 60 to RMB 360 | Approved number of passengers below 9 persons (inclusive) |
1.0-1.6 liters (inclusive) | RMB 300 to RMB 540 | |||
Between 1.6 liters and 2.0 liters (inclusive) | RMB 360 to RMB 660 | |||
Between 2.0 liters and 2.5 liters (inclusive) | RMB 660 to RMB 1,200 | |||
Between 2.5 liters and 3.0 liters (inclusive) | RMB 1,200 to RMB 2,400 | |||
Between 3.0 liters and 4.0 liters (inclusive) | RMB 2,400 to RMB 3,600 | |||
Bigger than 4.0 liters | RMB 3,600 to RMB 5,400 | |||
Commercial vehicles | Passenger cars | Per vehicle | RMB 480 to RMB 1,440 | Approved number of passengers above 9 persons, including electronic vehicles |
Trucks | Per ton load | RMB 16 to RMB 120 | Including Semi-trailer, three-wheeled vehicle,and low-speed lorry | |
Trailer | Per ton load | As per 50% of the taxable amount on trucks | ||
Other vehicles | Special work vehicle | Per ton load | RMB 16 to RMB 120 | Excluding tractor |
Roller mobile machinery shop for special purpose | RMB 16 to RMB 120 | |||
Motorcycle | Per vehicle | RMB 36 to RMB 180 | ||
Ships | Motor ship | Net tonnage per ton | RMB 3 to RMB 6 | As per 50% of the taxable amount on motor vehicle for trailer ship and non-motorized barges |
Yacht | Length of the yacht body per meter | RMB 600 to RMB 2000 |
税 目 |
计税单位 |
年基准税额 |
备 注 | |
乘用车〔按发动机汽缸容量(排气量)分档〕 |
1.0升(含)以下的 |
每辆 |
60元至360元 |
核定载客人数9人(含)以下 |
1.0升以上至1.6升(含)的 |
300元至540元 | |||
1.6升以上至2.0升(含)的 |
360元至660元 | |||
2.0升以上至2.5升(含)的 |
660元至1200元 | |||
2.5升以上至3.0升(含)的 |
1200元至2400元 | |||
3.0升以上至4.0升(含)的 |
2400元至3600元 | |||
4.0升以上的 |
3600元至5400元 | |||
商用车 |
客 车 |
每辆 |
480元至1440元 |
核定载客人数9人以上,包括电车 |
货 车 |
整备质量每吨 |
16元至120元 |
包括半挂牵引车、三轮汽车和低速载货汽车等 | |
挂车 |
整备质量每吨 |
按照货车税额的50%计算 |
||
其他车辆 |
专用作业车 |
整备质量每吨 |
16元至120元 |
不包括拖拉机 |
轮式专用机械车 |
16元至120元 | |||
摩托车 |
每辆 |
36元至180元 |
||
船舶 |
机动船舶 |
净吨位每吨 |
3元至6元 |
拖船、非机动驳船分别按照机动船舶税额的50%计算 |
游 艇 |
艇身长度每米 |
600元至2000元 |