CHI PRL Withholding in E-Commerce


On Apr. 23, CHI PRL reviewed second draft of the Tariff law.


  • CHI PRL reviewed the second draft of Tariff law, which refines initial draft by specifying obligations for entities involved in cross-border e-commerce to withhold taxes.
  • Follows CHI PRL Apr. 2024 drafted legislative work plan, bills planned, see #209454.
  • Draft Law
  • Entities such as e-commerce platform operators, logistics companies, as well as customs declaration enterprises are identified as withholding agents for tariffs.
  • Enriches rules on origin of goods, stating that goods are considered to originate from where they are entirely obtained or where last substantial transformation occurred.
  • Allows taxpayers and withholding agents to collectively pay taxes by the fifth working day of the following month, provided they meet conditions and provide guarantees.
  • Apr. 26, 2024 Law Passed
  • On Apr. 26, 2024, CHI PRL issued order of the President on passage of the Tariff law.
  • The Constitution and Law Committee shared reports on first and second draft of law.
  • The new law aims to maintain the stability of the current tariff system and overall tax burden while improving existing systems and policies, elevating them into law.
  • The law consists of 7 chapters covering various aspects of tariff administration, and its enactment is seen as a concrete step towards implementing principles of tax legislation.
  • Provides solid institutional guarantee for maintaining import, export order, regulating tariff collection and payment, and protecting taxpayers' legitimate rights and interests.
  • Standardizes the setting, adjustment, and implementation of tariff items and rates, including the import and export tariff schedule as an integral part of the law.
  • Improves systems related to taxable amounts, tax exemptions, reductions, and special circumstances, with provisions for tariff exemption and reduction items.
  • Aligns with international economic and trade rules, enhances management system for tariff collection, allowing for separation between goods release, tariff determination.
  • At the same time, CHI GVT issued Import and export tariffs of China as an annex to the Tariff law, containing rules and instructions, import tariffs, and export tariffs.
  • The Tariff law and the attached annex shall both come into effect on Dec. 1, 2024.

Regulators CHI GVT; CHI PRL
Entity Types Corp
Reference PR, President Order No. 23, RN STA No. 2 (2024), 4/26/2024; PR 4/23/2024
Functions Compliance; Financial; Legal; Tax; Technology; Treasury
Countries China; Cross-Border
Category
State
Products Corporate
Regions AP
Rule Type Final
Rule Date 4/23/2024
Effective Date 12/1/2024
Rule Id 209549
Linked to Rule :209454
Reg. Last Update 4/26/2024
Report Section International

Last substantive update on 04/30/2024