Who shall pay Environmental TaxAccording to the Law, within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China, companies, organizations and other business operators who directly discharge pollutants to the environment, shall be the taxpayers, who shall pay the Environmental Tax according to the Law.
The Law particularly mentioned that, the centralized urban wastewater treatment facilities and the treatment facilities of domestic solid wastes who discharged the taxable pollutants exceeding the national and local standards of pollutant discharge, shall be subject to the Environmental Tax. The companies, organizations and other business operators who store or handle the solid wastes unconforming with the national and local environmental standards, shall be subject to the Environmental Tax.
Particularly, the following circumstances are not defined as "directly discharge pollutants to the environment", therefore are not subject to the Environmental Tax,
- Discharging pollutants to the centralized wastewater treatment facilities and the treatment facilities domestic solid wastes that are legally developed;
- Storing and handling solid wastes within the facilities or spaces that are conforming with the national and local environmental standards.
And according to the Regulation of Implementation, the centralized urban wastewater treatment facilities are defined as the municipal treatment facilities for domestic wastewaters. The following wastewater treatment facilities are excluded from the definition of centralized urban wastewater treatment facilities,
- Wastewater treatment facility providing wastewater treatment services for industrial parks, development zones and other industrial gathering area, and
- The wastewater treatment facilities developed by the companies, organizations and other business operators for its own use;
The breeding farm with discharge outlet and up to the scale determined by the provincial government, shall be subject to the Environmental Tax. The solid wastes from the breeding farm that have been utilized and treated by harmless treatment according to relevant requirements, are not defined as the direct discharge to the environment, and will not be subject to the Environmental Tax.
What types pollutants will be subject to environmental taxAccording to the Law, air pollutants, water pollutants, solid wastes and noise listed in the appendix of the Law including "Table of Environmental Tax Rates" and "Taxable Pollutants and its Equivalent Values".
How much will you payAccording to the Law, the Environmental Tax shall be calculated based on the following method,
- Air pollutant tax = the amount of pollutant equivalent × applied tax rates;
- Water pollutant tax = the amount of pollutant equivalent × applied tax rates;
- Solid wastes tax = the discharged amount of solid wastes × applied tax rates;
- Noise tax = the amount of dB that exceeds the national emission standard × applied tax rates
Table of Tax Items and Rates of Environmental Tax provides the applied tax rates for different types of pollutants.
How is the amount of pollutant equivalent of taxable air pollutants determinedAccording to the Law, the amount of pollutant equivalent of a taxable air pollutant, shall be calculated by using the amount of air emission divided by its equivalent value of pollutant. The first three air pollutants with the largest amount of pollutant equivalent shall be subject to environmental tax for each emission outlet. Similar circumstances applied if there is no emission outlet for air pollutants.
How is the amount of pollutant equivalent of taxable water pollutants determinedAccording to the Law, the amount of pollutant equivalent of a taxable water pollutant, shall be calculated by using the discharged amount divided by its equivalent value of pollutant. According to the Table of Taxable Pollutants and its Equivalent Values, taxable water pollutants shall be classified as priority water pollutants and other water pollutants. For each discharge outlet, the first five water pollutants of priority water pollutants with the largest amount of pollutant equivalent, and the first three water pollutants of other water pollutants with the largest amount of pollutant equivalent, shall be subject to environmental tax.
How are the air emissions and discharged amount of water pollutant determinedAccording to the Law, the amount of air emissions, the discharged amount of water pollutant and solid wastes, and the dB value of noise, shall be calculated following the methods and sequences below,
- For the tax payers who have installed and using the online monitoring installations that are in conformity with the national requirements and monitoring guidelines, the data from the online monitoring installations shall be adopted;
- For the tax payers who do not have online monitoring installations, the monitoring result provided by the monitoring institutes by following the national requirements and monitoring guidelines;
- In the circumstances that monitoring is unable to be conducted due to the reasons e.g. the types of discharged pollutants are many, the method of pollutant discharge coefficient and mass balance stipulated by the State Council shall be followed;
- If the above methods cannot be adopted, sampling and analysis method that issued by the EPB of the government of provincial level, autonomous and municipality shall be adopted.
According to the Regulations of Implementation, under the following circumstances, the amount of generation shall be deemed as the amount of discharge for tax calculation;
- Online monitoring installations are not installed or operated in conformity with the legal requirements, or the installations are not connected with the supervision system of the EPB;
- Tax payers damage, move or modify online monitoring installations without permission;
- Tax payers modify, manipulate the monitoring data;
- Tax pollutants discharge pollutants illegally by the means of diluting, improper operating of pollutant control facilities and other methods;
- False declaration
Shall all the pollutant discharge outlets be subject to the Environmental TaxAccording to the Regulations of Implementation, for the tax payers with two or more discharge outlets, taxable pollutants from each outlet shall be subject to the Environmental Tax. For the tax payers holding the Pollutant Discharge Permit (PDP), the discharge outlets shall be determined based on the information registered in the PDP.
How is the discharged amount of solid wastes determinedAccording to the Regulations of Implementation, the discharge amount of solid wastes shall be the residue amount of the amount of waste generated after deducting the amount of storage, the amount of handling, and the amount of utilization.
The amount of storage and handling aforementioned is defined as the amount of solid wastes that are stored or handled at the spaces or facilities that are in conformity with the national and local environmental protection standards. And the amount of utilization is the amount of solid wastes that are utilized based on the requirements of Development and Reform department of State Council and the department of Industry and Information Technology and the national and local environmental protection standards.
In the case of following circumstances, the amount of generation shall be deemed as the amount of discharge of solid wastes,
- Taxable solid wastes are dumped illegally;
- False declaration.
In what circumstances that the Environmental Tax can be subject to exemption or reductionAccording to the Law, the following five circumstances are temporarily exempted from the Environmental Tax,
- Discharging taxable pollutants from farming (excluding the massive breeding);
- Discharging taxable pollutants from mobile pollution sources e.g. vehicles, trains, non-road mobile machinery, ships and aircrafts;
- Discharging taxable pollutants by centralized urban wastewater treatment facilities and treatment facilities of domestic solid wastes that are legally developed and the discharging is in conformity with national and local discharge standards;
- Solid wastes utilized by the taxpayers and the utilization is in conformity with national and local environmental protection standards; and
- Other scenarios that are approved by the State Council that are exempted from the Environmental Tax;
And regarding the tax reduction, the Law stipulated that, the taxable air or water pollutant discharged at the concentration 30% lower than the national and local discharge/emission standards, shall be subject to a tax reduction of 25%, and if the concentration is 50% lower than the standard requirements, 50% reduction is applied.
And according to the Regulation of Implementation, the centralized urban wastewater treatment facilities are defined as the municipal treatment facilities for domestic wastewaters. The following wastewater treatment facilities are excluded from the definition of centralized urban wastewater treatment facilities,
- Wastewater treatment facility providing wastewater treatment services for industrial parks, development zones and other industrial gathering area, and
- The wastewater treatment facilities developed by the companies, organizations and other business operators for its own use;
According to the Regulations of Implementation, the concentration of air emissions or water pollutants using for tax deduction, is defined as
- the average value of the daily-average values (of water pollutants) or the hourly-average values (of air pollutants) monitored by the online monitoring installations, or
- the average value monitored by the monitoring institutes at the month of discharge;
For the tax payers subjected to the tax reduction, neither the daily-average values of water pollutants, the hourly-average values of air pollutants of online monitoring, or the monitoring result provided by the monitoring institutes shall not exceed the discharge limits required by the national and local discharge standard.
And the tax reduction shall be calculated separately for each outlet.
With the tax paid, the pollutant discharge can be ungovernedThe Law stated that, the companies, organizations and business operators that directly discharged pollutants to the environment, shall pay the Environmental Tax according to the Law, and besides, shall be liable for the damage and loss that caused by the discharging activities.
Will Pollutant Discharge Fee still be applyIt is clearly stated in the Law that, starting from the effective date of the Law (01 January 2018), Pollutant Discharge Fee will no longer be levied.
How and when shall the Environmental Tax be paidAccording to the Law, the tax payers are under the obligation to pay the Environmental Tax starting from the date of discharging pollutants. The taxpayers shall declare the Environmental Tax to the local tax bureau where the taxable pollutants are discharged. The tax shall be calculated monthly and the declaration shall be conducted quarterly. In the case of that calculation cannot be made based on a fixed period, declaration can be made when the discharged activity is happened.
The declaration shall report to the tax bureau with the materials and information including the types and number of taxable pollutants, the concentration of air pollutants and water pollutants, and other materials that are required by the tax bureau.
How the environmental protection bureaus and tax bureaus be collaboratedEPB will regularly transfer the information and data to the tax bureau, including the Pollutant Discharge Permit, the data of pollutant discharged, the information of illegal activities or any administration penalties and so on.
Tax bureau will regularly transfer the tax related information to the EPB, including the declaration, tax paid, tax reduction, tax outstanding, and any questionable points. Tax bureau will conduct cross check between the declaration data submitted by the tax payers and the data transferred by the EPB.
If the questionable data are identified by the tax bureau or the declaration was not fulfilled within the due day, tax bureau may notify the EPB and request for review. EPB shall issue the review comments 15 days within the date receiving the notification of tax bureau. Tax payable shall be adjusted by the tax bureau according to the review comments received.