Decree of the People’s Government of
Jiangsu Province
No. 52
The Measures of Jiangsu Province for Implementation of the Interim Regulations of the People’s Republic of China on Farmland Occupation Tax, discussed and adopted at the Twenty-third Executive Meeting of the Provincial People’s Government on December 29, 2008, are hereby promulgated and shall enter into effect as of February 1, 2009.
Governor :Luo Zhijun
December 31, 2008
Measures of Jiangsu Province for Implementation of the Interim Regulations of the People’s Republic of China on Farmland Occupation Tax
Article 1 These Measures are, in light of the actual situation of this Province, formulated in accordance with the Interim Regulations of the People’s Republic of China on Farmland Occupation Tax.
Article 2 The payers for farmland occupation tax refer to the units and individuals who occupy farmland to construct buildings or engage in non-agricultural construction within the administrative region of this Province. They shall pay for the farmland occupation tax according to the provisions of these Measures.
Units as mentioned in the preceding paragraph include state-owned enterprises, collective enterprises, private enterprises, joint-stock enterprises, enterprises funded with foreign investment, foreign enterprises and the other enterprises, institutions, social groups, state organs, armies and other units; individuals as mentioned include individual industrial and commercial households and other individuals.
Where the occupation of farmland is approved by the government upon application, the payer of the tax is the person who uses the land for construction as indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land; where such person is not indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land, the person who applies for use of the land shall be the tax payer. Where the farmland is occupied without being approved, the person who actually uses the land shall be the tax payer.
Article 3 “Farmland” as mentioned in these Measures refers to the land used for growing crops.
“Construction of buildings” as used in these Measures includes the construction of buildings and structures.
Article 4 The farmland occupation tax shall, based on the area of the farmland which the tax payer actually occupies, be levied in a lump sum according to the applicable tax rate as provided. The area of farmland actually occupied includes the area of the farmland which has been approved for use by occupation and the area of the farmland which has not been approved for use by occupation.
Article 5 The Farmland Occupation Tax Rate Table of Jiangsu Province as attached to these Measures shall be implemented for the farmland occupation tax rate.
Article 6 Where it is the basic farmland that is occupied, the applicable tax rates shall increase 50% based on the local applicable tax rates as provide in Article 5 of these Measures. Basic farmland refers to the farmland located within the basic farmland protection zones as demarcated according to the Regulations on Basic Farmland Protection.
Article 7 Farmland occupation tax can be exempted in the following situations:
(!) the farmland occupied by military facilities.
The facilities include: military command and operation constructions on or under the ground; military airfields, harbors and docks; barracks, training grounds and testing grounds; military cave storehouses and warehouses; military communication stations, reconnaissance stations, navigation stations, observation posts and survey markers, navigation markers and navigation aid markers; special military highways and railways, military communication and power transmission lines, military oil and water pipelines; and other facilities directly used for military purpose.
(2) the farmland occupied by schools, kindergartens, nursing homes and hospitals.
Schools herein refer to the universities, secondary schools, primary schools, vocational education institutions with degrees and schools for special education which are established upon the approval of the education administrative department of the people’s government at or above the county level. Where the farmland within a school is occupied for construction of business venues or homes for the school faculties, the farmland occupation tax shall be levied in accordance with the tax rates applicable for the locality.
For kindergartens, the areas concerned for tax exemption specifically refer to the places which, located within the kindergartens registered or recorded at the administrative department of education of the people’s government at or above the county level, are specially used for nursing, care and education of children.
For nursing homes, the areas concerned specifically refer to the places which, located within the nursing homes established upon approval, are specially used for providing life care services for the aged.
For hospitals, the areas concerned specifically refer to the places which, located within the hospitals established upon the approval of the public health administrative department of the people’s government at or above the county level, are specially used for providing medical services and their supporting facilities. Where the farmland within a hospital is used for construction of homes for staff of the hospital, the farmland occupation tax shall be levied in accordance with the tax rates applicable for the locality.
Article 8 Where the farmland is occupied for construction of railways, highways, airport runways, tarmacs, ports and waterways, the farmland occupation tax shall be reduced and levied at the rate of RMB2 yuan per square meter.
For railways, the areas concerned for tax reduction specifically refer to railway subgrade, bridges, culverts, tunnels and the reserved areas at both sides of the railways as provided. If the farmland is occupied for construction of railways for exclusive use and specialized railways, the farmland occupation tax shall be levied in accordance with the tax rates applicable for the locality.
For highways, the areas concerned specifically refer to the major structures and border ditches or berm ditches at both sides of state roads, provincial roads, county roads, township roads and village roads which have been constructed upon approval. Where the farmland is occupied for construction of specialized highways and urban motorways, the farmland occupation tax shall be levied in accordance with the tax rates applicable for the locality.
For airport runways and tarmacs, the areas concerned specifically refer to the places located within the civil airports established upon approval and specially used for taking off, landing, sliding and parking of civil aircrafts.
For ports, the areas concerned specifically refer to the places located within the ports established upon approval and specially used for entering, leaving and anchoring of ships, embarking and landing of passengers and loading and downloading of cargoes.
For waterways, the areas concerned specifically refer to the channels within water areas such as rivers, lakes, and bays for safe passage of ships.
Article 9 Where a rural resident occupies farmland to construct a house for self use according to the stipulated standards at the place where his permanent residence is registered, the farmland occupation tax shall be levied at half of the tax rates applicable for the locality.
Where a rural resident moves to a new place with official approval and his original homestead land has been restored to farmland, if the area of the farmland he occupies for construction of a new house is not bigger than the area of the previous homestead land, he can be exempted from the farmland occupation tax; where the area is bigger than the previous homestead land, the farmland occupation tax shall be levied for the bigger area at half of the tax rates applicable for the locality.
Article 10 Where a family member of a martyr, a disabled serviceman, a widow or an orphan in the rural area or a rural resident in the former revolutionary base area, gathering area of minority nationalities or the outlying poverty-stricken mountainous area with living difficulty does have difficulty in paying the farmland occupation tax when constructing a new house within the stipulated land use standard, he may be exempted from the farmland occupation tax or enjoys a reduced farmland occupation tax rate after his case is examined by the people’s government of the town (township) where he lives and reported to the people’s government at the county level for approval.
Family members of a martyr in rural area include his parents, spouses and children.
The relevant provisions of the Provincial People’s Government shall be implemented for the standards to confirm a rural resident in the former revolutionary base area, gathering area of minority nationalities or the outlying poverty-stricken mountainous area to be a person with living difficulty.
Article 11 After the farmland occupation tax is exempted or reduced according to the provisions in Article 7 and Article 8 of these Measures, where the tax bearer changes the purpose of use of the occupied land, and is no long in the situation for the tax exemption or reduction, he shall, within 30 days since the day he changes the purpose of use of the occupied land, pay the farmland occupation tax for the actual occupied area at the rates applicable for the locality.
Article 12 A tax bearer shall pay farmland occupation tax according to the provisions of these Measures for temporary use of the land. Where he restores the occupied land to its original state within the approved time limit for temporary use of the farmland, the farmland occupation tax which has been paid will be returned in full amount.
Temporary use of farmland as used in the preceding paragraph refers to the act of a tax bearer who, out of the need of project construction or geological survey, uses the farmland temporarily, usually not more than 2 years, without building permanent structures on the land.
Article 13 Where the farmland is damaged due to such reasons as contamination, earth-borrowing and settlement caused by mining, the unit or the individual who causes the damage shall, with reference to the unit or person who temporarily uses the farmland, pay for the farmland occupation tax. Where the farmland can not be restored to its original state after 2 years or after the time limit for which the temporary occupation of the farmland is approved, the farmland occupation tax which has been collected will not be returned.
Article 14 One who occupies the farmland for water conservancy shall be exempted from the farmland occupation tax.
Article 15 One who occupies forestland, pastures, farmlands for water conservancy, aquaculture area, intertidal zones within fishery area and other agricultural land to build buildings and engage in non-agricultural construction shall be charged for farmland occupation tax with reference to the provisions of these Measures. The applicable tax rate for the occupation of forestland is 80% of that of farmland, and the applicable tax rate for the occupation of pastures and other agricultural land is 50% of that of farmland.
Article 16 One who occupies other agricultural land for production facilities used directly for agricultural production shall be exempted from farmland occupation tax.
Production facilities used directly for agricultural production as mentioned in the preceding paragraph refer to buildings and structures constructed directly for agricultural production, including: facilities for storing agricultural machinery and agricultural products such as seeds, seedlings, timbers; facilities for fostering and producing seeds and seedlings; facilities for livestock and poultry farming and aquaculture; trails for log skidding and transportation; bases for agricultural research, experiment and demonstration; facilities for the protection of forest and wild life, for the prevention and control of pests in forests, for the control of forest fire and for the timber quarantine; infrastructure used specially for agricultural production such as irrigation and drainage, water supply, power supply, heat supply, gas supply and communication facilities; boarding, lodging, and management facilities needed by the agricultural producers for their agricultural production; and other production facilities used directly for agricultural production.
Article 17 Anyone who occupies a piece of farmland or other agricultural land shall declare tax payment in the place where the piece of farmland or other agricultural land is located.
Article 18 In the case that the occupation of farmland or other agricultural land is approved, where the person who uses the land for construction is not indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land, the time when the liability to pay tax arises is the day on which the person who applies for use of the land receives the examination and approval document; where the person who uses the land for construction is indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land, the time when the liability to pay tax arises is the day on which the person who uses the land for construction receives the notice of tax payment from the tax collection authority. In the case that the occupation of farmland or other agricultural land is not approved, the time when the liability to pay tax arises is the day on which the farmland or other agricultural land is actually occupied by its user.
Article 19 The farmland occupation tax shall be collected by the local tax authorities. Before the function of farmland occupation tax collection is transferred from the department of finance to the local tax authority, the farmland occupation tax shall still be collected by the department of finance.
The tax collection authority shall, in conjunction with the land administration department at the same level, establish a mechanism to co-share information concerning farmland resources and tax resources. The collection authority of the place where the piece of land which is applied for use is located, based on the information provided by the land administration department on examining and approving the conversion of the purpose of use of the agricultural land, issue, in a timely manner, the tax payment notice to the person who uses the land for construction as indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land.
Article 20 In the case that the occupation of farmland or other agricultural land is approved, where the person who uses the land for construction is not indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land, the person who applies for use of the land shall pay the farmland occupation tax within 30 days since the day he receives the examination and approval document; where the person who uses the land for construction is indicated on the document for examining and approving the conversion of the purpose of use of the agricultural land, the person who uses the land for construction shall pay the farmland occupation tax within 30 days since the day he receives the tax payment notice from the tax collection authority. The land administration department shall issue the construction land approval document on the strength of the farmland occupation tax payment document or the tax exemption document and other relevant documents.
Article 21 The administration of the collection of the farmland occupation tax shall be implemented in accordance with the Law of the People’s Republic of China on Administration of Tax Collection, the Interim Regulations of the People’s Republic of China on Farmland Occupation Tax, the Rules for Implementation of the Interim Regulations of the People’s Republic of China on Farmland Occupation Tax and the relevant provisions of these Measures.
Article 22 These measures shall enter into effect as of February 1, 2009. The Measures for Implementation of the Interim Regulations of Jiangsu Province on Farmland Occupation Tax taking effect as of April 1, 1987 shall be abrogated at the same time.
Attachment:
Table of Farmland Occupation Tax Rates of Jiangsu Province
(unit: yuan/ square meter)
Tax Rates
Regions Districts Cities at County Level Counties
Nanjing, Suzhou, Wuxi, Changzhou, Zhenjiang 45 40 30
Yangzhou, Nantong, Taizhou 40 30 25
Xuzhou, Yancheng, Lianyungang, Huaian, Suxian 30 25 20