In international trade, contracts are legal documents that determine the rights and obligations of both buyers and sellers, and for export companies, contracts are not only the basis for transactions, but also one of the key certificates for processing export refund (exempt) tax and other procedures. With the development of e-commerce, e-commerce contracts are increasingly widely used, is this in line with the requirements of export refund (exempt) tax registration certificate? At the same time, how should export companies store these certificates and how long is the retention period?
Legality and Applicability of Electronic Purchase Contracts
According to the National Tax Administration on Further FacilitatingExport tax refundAnnouncement on matters related to promoting the stable development of foreign trade (No. 9 of the State Administration of Taxation No. 2022), electronic sales contracts are fully compliant with the provisions of the export refund (exempt) tax filing certificate.This means that export enterprises can choose to use electronic sales contracts according to their actual circumstances while signing orders with foreigners, without having to be limited to the traditional form of paper contracts.
Electronic sales contracts are a modern form of contracts with the advantages of convenience, efficiency and cost savings. They are created, transmitted, received and saved electronically and can effectively reduce the physical storage space of documents, while improving the efficiency of data retrieval. In legal terms, electronic sales contracts and paper contracts enjoy the same legal effect, as long as they comply with relevant laws and regulations and ensure that the contents of the contract are complete, both signed or sealed, can be used as a valid certificate for export tax refund (exempt) records.
(2) Methods and period of preservation of records
Although electronic sales contracts are recognised as legally valid, exporting companies must also note that both electronic and paper contracts must be properly stored in response to possible future audits and inquiries. According to the provisions of the same notice, except in special circumstances, export refund (exempt) records, including electronic sales contracts, shall be kept by the exporting companies themselves, and may not be destroyed by themselves, with a retention period of five years.
This five-year retention period is calculated from the year following the completion of the certificate. For example, if the certificate is completed in 2022, the retention period should last at least until the end of 2027.
Exporting enterprises should take effective measures to ensure the integrity, security and retrieval of electronic documents. This may involve the use of secure electronic storage systems, regular backups of data, and ensuring the readability and accessibility of electronic documents. For enterprises that choose to save digitally, they should ensure the authenticity, integrity and reliability of electronic files and prevent data loss or alteration.
In summary, electronic purchase contracts comply with the requirements of export refund (exempt) documentation, and export companies should keep such documentation and other related documents for five years. Export companies should make full use of the convenience of electronic documents while ensuring their security, completeness and traceability. In addition, companies should regularly check the validity of storage systems to ensure that they can quickly provide the required documentation when needed. Through these measures, companies can not only comply with laws, but also protect themselves from potential risks while promoting the efficient operation of their business.