Stamp Tax Law of the People's Republic of China
中华人民共和国印花税法
(Adopted at the 29th Meeting of the Standing Committee of the Thirteenth National People's Congress on June 10, 2021)
（2021年6月10日第十三届全国人民代表大会常务委员会第二十九次会议通过）
Article 1 The entities and individuals that conclude taxable certificates, or conduct securities transactions within the territory of the People's Republic of China shall be taxpayers of stamp tax, and shall pay stamp tax in accordance with the provisions of this Law.
第一条 在中华人民共和国境内书立应税凭证、进行证券交易的单位和个人，为印花税的纳税人，应当依照本法规定缴纳印花税。
Where entities or individuals, outside the territory of the People's Republic of China, conclude taxable certificates that are used within the territory of China, they shall pay stamp tax in accordance with the provisions of this Law.
在中华人民共和国境外书立在境内使用的应税凭证的单位和个人，应当依照本法规定缴纳印花税。
Article 2 For the purpose of this Law, "taxable certificates" refer to the contracts, certificates of property rights transfer, and business account books listed in the Table of Taxable Items and Tax Rates for Stamp Tax as attached to this Law.
第二条 本法所称应税凭证，是指本法所附《印花税税目税率表》列明的合同、产权转移书据和营业账簿。
Article 3 For the purpose of this Law, "securities transactions" refer to the transfer of stocks and stock-based depositary receipts that are traded on legally established stock exchanges and other nationwide securities trading venues approved by the State Council.
第三条 本法所称证券交易，是指转让在依法设立的证券交易所、国务院批准的其他全国性证券交易场所交易的股票和以股票为基础的存托凭证。
Stamp tax on securities transactions shall be imposed on the transferor instead of the transferee of a securities transaction.
证券交易印花税对证券交易的出让方征收，不对受让方征收。
Article 4 The taxable items and tax rates for stamp tax shall be implemented according to the Table of Taxable Items and Tax Rates for Stamp Tax as attached to this Law.
第四条 印花税的税目、税率，依照本法所附《印花税税目税率表》执行。
Article 5 The tax basis for stamp tax shall include:
第五条 印花税的计税依据如下：
(1) the tax basis for a taxable contract shall be the amount listed in the contract, excluding the amount of value-added tax listed;
（一）应税合同的计税依据，为合同所列的金额，不包括列明的增值税税款；
(2) the tax basis for a taxable certificate of property rights transfer shall be the amount listed in the certificate of property rights transfer, excluding the amount of value-added tax listed;
（二）应税产权转移书据的计税依据，为产权转移书据所列的金额，不包括列明的增值税税款；
(3) the tax basis for a taxable business account book shall be the aggregate amount of the paid-up capital (capital stock) plus the amount of the capital reserves recorded in the business account book;
（三）应税营业账簿的计税依据，为账簿记载的实收资本（股本）、资本公积合计金额；
(4) the tax basis for a securities transaction shall be the transaction value.
（四）证券交易的计税依据，为成交金额。
Article 6 Where a taxable contract or a certificate of property rights transfer does not list the amount, the tax basis for stamp tax shall be determined according to the amount actually paid.
第六条 应税合同、产权转移书据未列明金额的，印花税的计税依据按照实际结算的金额确定。
If the tax basis still cannot be determined according to the provisions of the preceding paragraph, it shall be determined based on the market price at the time of conclusion of the contract or the certificate of property rights transfer; and where government pricing or pricing under governmental guidance shall be implemented pursuant to the law, the tax basis shall be determined according to the relevant regulations of the State.
计税依据按照前款规定仍不能确定的，按照书立合同、产权转移书据时的市场价格确定；依法应当执行政府定价或者政府指导价的，按照国家有关规定确定。
Article 7 Where there is no transfer price in a securities transaction, the tax basis shall be calculated and determined according to the closing price of the securities on the last trading day before the transfer registration; and where there is no closing price, the tax basis shall be calculated and determined according to the face value of the securities.
第七条 证券交易无转让价格的，按照办理过户登记手续时该证券前一个交易日收盘价计算确定计税依据；无收盘价的，按照证券面值计算确定计税依据。
Article 8 The amount of stamp tax payable shall be calculated by multiplying the tax basis by the applicable tax rate.
第八条 印花税的应纳税额按照计税依据乘以适用税率计算。
Article 9 Where one and the same taxable certificate specifies two or more taxable items and respectively lists their amounts, the amounts of taxes payable shall be calculated according to their respective applicable tax rates; and where the amounts are not listed separately, the higher tax rate shall apply.
第九条 同一应税凭证载有两个以上税目事项并分别列明金额的，按照各自适用的税目税率分别计算应纳税额；未分别列明金额的，从高适用税率。
Article 10 Where one and the same taxable certificate is concluded by two or more parties, the amounts of taxes payable shall be calculated separately according to the amounts related to such parties respectively.
第十条 同一应税凭证由两方以上当事人书立的，按照各自涉及的金额分别计算应纳税额。
Article 11 As to the business account book on which stamp tax has been paid, where the aggregate amount of the paid-up capital (capital stock) plus capital reserves recorded in a subsequent year is greater than the aggregate amount of the paid-up capital (capital stock) plus capital reserves on which stamp tax has been paid, the amount of tax payable shall be calculated according to the increased amount.
第十一条 已缴纳印花税的营业账簿，以后年度记载的实收资本（股本）、资本公积合计金额比已缴纳印花税的实收资本（股本）、资本公积合计金额增加的，按照增加部分计算应纳税额。
Article 12 The following certificates shall be exempt from stamp tax:
第十二条 下列凭证免征印花税：
(1) duplicates or transcripts of taxable certificates;
（一）应税凭证的副本或者抄本；
(2) taxable certificates concluded by foreign embassies, consulates or representative offices of international organizations in China for the acquirement of premises, which shall be exempt from taxes in accordance with laws;
（二）依照法律规定应当予以免税的外国驻华使馆、领事馆和国际组织驻华代表机构为获得馆舍书立的应税凭证；
(3) taxable certificates concluded by the Chinese People's Liberation Army and the Chinese People's Armed Police Force;
（三）中国人民解放军、中国人民武装警察部队书立的应税凭证；
(4) sales contracts for the purpose of purchasing agricultural means of production or selling agricultural products and agricultural insurance contracts, which are concluded by farmers, family farms, farmers' professional cooperatives, rural collective economic organizations and villagers' committees;
（四）农民、家庭农场、农民专业合作社、农村集体经济组织、村民委员会购买农业生产资料或者销售农产品书立的买卖合同和农业保险合同；
(5) interest-free loan contracts or loan contracts with discount interest, and the loan contracts concluded by international financial institutions for providing preferential loans to China;
（五）无息或者贴息借款合同、国际金融组织向中国提供优惠贷款书立的借款合同；
(6) certificates of property rights transfer concluded by property owners for donating property to government, schools, social welfare institutions, and charitable organizations;
（六）财产所有权人将财产赠与政府、学校、社会福利机构、慈善组织书立的产权转移书据；
(7) sales contracts concluded by non-profit health institutions for the procurement of drugs or medical materials;
（七）非营利性医疗卫生机构采购药品或者卫生材料书立的买卖合同；
(8) electronic orders concluded by individuals and e-commerce operators.
（八）个人与电子商务经营者订立的电子订单。
The State Council may, according to the needs of national economic and social development, prescribe stamp tax reduction or exemption in cases such as meeting residents' housing demands, carrying out restructuring and reorganization of enterprises, bankruptcy, and supporting the development of small and micro enterprises, and shall submit such reductions or exemptions to the Standing Committee of the National People's Congress for the record.
根据国民经济和社会发展的需要，国务院对居民住房需求保障、企业改制重组、破产、支持小型微型企业发展等情形可以规定减征或者免征印花税，报全国人民代表大会常务委员会备案。
Article 13 A taxpayer who is an entity shall file and pay stamp tax with the competent tax authority at the place where it is located; and a taxpayer who is an individual shall file and pay stamp tax with the competent tax authority at the place where the taxable certificate is concluded or he resides.
第十三条 纳税人为单位的，应当向其机构所在地的主管税务机关申报缴纳印花税；纳税人为个人的，应当向应税凭证书立地或者纳税人居住地的主管税务机关申报缴纳印花税。
Where the ownership of a immovable property is transferred, the taxpayer shall file and pay stamp tax with the competent tax authority at the place where the immovable property is located.
不动产产权发生转移的，纳税人应当向不动产所在地的主管税务机关申报缴纳印花税。
Article 14 Where a taxpayer is an overseas entity or individual, if the taxpayer has a domestic authorized agent, the domestic agent shall be the withholding agent; if the taxpayer does not has a domestic authorized agent, the taxpayer shall file and pay stamp tax by itself or himself. The specific measures shall be prescribed by the competent department of taxation under the State Council.
第十四条 纳税人为境外单位或者个人，在境内有代理人的，以其境内代理人为扣缴义务人；在境内没有代理人的，由纳税人自行申报缴纳印花税，具体办法由国务院税务主管部门规定。
The securities depository and clearing institution shall be the withholding agent of stamp tax on securities transactions and shall file taxes withheld with the competent tax authority at the place where the institution is located and turn over taxes withheld and the interest settled by banks.
证券登记结算机构为证券交易印花税的扣缴义务人，应当向其机构所在地的主管税务机关申报解缴税款以及银行结算的利息。
Article 15 The time when the obligation to pay stamp tax arises shall be the day when a taxpayer concludes a taxable certificate or completes a securities transaction.
第十五条 印花税的纳税义务发生时间为纳税人书立应税凭证或者完成证券交易的当日。
The time when the obligation to withhold stamp tax on a securities transaction arises shall be the day when the securities transaction is completed.
证券交易印花税扣缴义务发生时间为证券交易完成的当日。
Article 16 Stamp tax shall be calculated and levied on a quarterly, yearly or transaction basis. Where stamp tax is calculated and levied on a quarterly or yearly basis, a taxpayer shall file and pay taxes within 15 days after the end of each quarter or year. Where stamp tax is calculated and levied on a transaction basis, a taxpayer shall file and pay taxes within 15 days from the date when the tax payment obligation arises.
第十六条 印花税按季、按年或者按次计征。实行按季、按年计征的，纳税人应当自季度、年度终了之日起十五日内申报缴纳税款；实行按次计征的，纳税人应当自纳税义务发生之日起十五日内申报缴纳税款。
Stamp tax on securities transactions shall be turned over on a weekly basis. The withholding agent of stamp tax on securities transactions shall file taxes withheld and turn over taxes withheld and the interest settled by banks within 5 days after the end of each week.
证券交易印花税按周解缴。证券交易印花税扣缴义务人应当自每周终了之日起五日内申报解缴税款以及银行结算的利息。
Article 17 Stamp tax may be paid by pasting revenue stamps or by issuing other tax payment certificates by tax authorities in accordance with the law.
第十七条 印花税可以采用粘贴印花税票或者由税务机关依法开具其他完税凭证的方式缴纳。
Where revenue stamps are pasted onto taxable certificates, taxpayers shall mark each stamp with a seal on the perforations or draw lines to signify its cancellation.
印花税票粘贴在应税凭证上的，由纳税人在每枚税票的骑缝处盖戳注销或者画销。
Revenue stamps shall be printed under the supervision of the competent department of taxation under the State Council.
印花税票由国务院税务主管部门监制。
Article 18 The administration and the collection of stamp tax shall be carried out by tax authorities in accordance with the provisions of this Law and the Law of the People's Republic of China on the Administration of Tax Collection.
第十八条 印花税由税务机关依照本法和《中华人民共和国税收征收管理法》的规定征收管理。
Article 19 Where taxpayers, withholding agents and tax authorities and their staff members violate the provisions of this Law, their legal liabilities shall be investigated in accordance with the Law of the People's Republic of China on the Administration of Tax Collection and other relevant provisions of laws and administrative regulations.
第十九条 纳税人、扣缴义务人和税务机关及其工作人员违反本法规定的，依照《中华人民共和国税收征收管理法》和有关法律、行政法规的规定追究法律责任。
Article 20 This Law shall come into force on July 1, 2022, and the Provisional Regulation on Stamp Tax of the People's Republic of China promulgated by the State Council on August 6, 1988 shall be repealed simultaneously.
第二十条 本法自2022年7月1日起施行。1988年8月6日国务院发布的《中华人民共和国印花税暂行条例》同时废止。