Units and individuals that collect taxable vouchers for domestic use outside People's Republic of China (PRC) and within China shall pay stamp duty in accordance with the provisions of this Law.
Article 2 The term "taxable vouchers" as mentioned in this Law refers to the contracts, property rights transfer documents and business account books listed in the Table of Stamp Tax Items and Rates attached to this Law.
Article 3 The term "securities trading" as mentioned in this Law refers to the transfer of stocks and stock depositary receipts traded on legally established stock exchanges and other national stock exchanges approved by the State Council.
Stamp duty on securities transactions is levied on the transferor of securities transactions, not on the transferee.
Article 4 The tax items and tax rates of stamp duty shall be implemented in accordance with the schedule of stamp duty items and tax rates attached to this Law.
Article 5 The tax basis of stamp duty is as follows:
(1) The taxable basis of a taxable contract is the amount listed in the contract, excluding the specified value-added tax;
(2) The taxable basis of the taxable property right transfer certificate is the amount listed in the property right transfer certificate, excluding the specified value-added tax;
(3) The taxable business account books are based on the paid-in capital (share capital) and total capital reserve recorded in the account books;
(4) The tax basis of securities trading is the transaction amount.
Article 6 If the amount is not specified in the taxable contract or property right transfer document, the tax basis of stamp duty shall be determined according to the actual settlement amount.
If the tax basis cannot be determined according to the provisions of the preceding paragraph, it shall be determined according to the market price at the time of conclusion of the contract and transfer of property rights; If government pricing or government-guided pricing should be implemented according to law, it shall be determined in accordance with relevant state regulations.
Article 7 If there is no transfer price in securities trading, the tax basis shall be calculated and determined according to the closing price of the securities on the previous trading day when the transfer registration formalities are handled; If there is no closing price, the tax basis shall be determined according to the face value of the securities.
Article 8 The taxable amount of stamp duty shall be calculated by multiplying the tax basis by the applicable tax rate.
Article 9 If the same taxable voucher contains more than two tax items and the amounts are listed separately, the taxable amount shall be calculated separately according to the applicable tax items and tax rates; If the amount is not specified separately, a higher tax rate shall apply.
Article 10 Where the same taxable voucher is written by two or more parties, the tax payable shall be calculated separately according to the amount involved.