|
THE
MINISTRY OF FINANCE
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No. 1329/BTC-TCT
Re: Implementation of Circular
130/2008/TT-BTC of December 26 2008
|
Hanoi,
January 29, 2010
|
To:
The Provincial-level Tax Departments
In the course
of implementation of the Finance Ministry’s Circular No. 130/2008/TT-BTC of
December 26, 2008, guiding business income tax, the Ministry of Finance has
received requests of some Tax Departments and enterprises for clearer guidance
on a number of points in this Circular. In response to these requests, the
Ministry of Finance gives the following guidance:
1. Guidance
on the inclusion in deductible expenses of the amounts paid by enterprises into
unemployment insurance funds.
- Article 102
of the Social Insurance Law and Article 25, Chapter IV of Decree No.
127/2008/ND-CP of December 12, 2008, detailing the implementation of the Social
Insurance Law regarding unemployment insurance, which took effect on January 1,
2009, stipulate: “Sources for the formation of unemployment insurance funds
comply with Article 102 of the Social Insurance Law.
1. Laborers’
payment of 1% of the monthly salary or remuneration for unemployment insurance
premiums are based.
2. Employers’
payment of 1% of the fund of monthly salaries and remuneration of laborers who
participate in unemployment insurance on which unemployment insurance premiums
are based.
3. The
State’s monthly budgetary support equivalent to 1% of the fund of the salaries
and remuneration of laborers covered by unemployment insurance on which
unemployment insurance premiums are based, which is transferred once a year.”
- Point 2.11,
Section IV, Part C of Circular No. 130/2008/TT-BTC guides: “To disallow the
inclusion in deductible expenses of “amounts remitted into social insurance,
health insurance and trade union funds in excess of prescribed levels.”
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Guidance
on non-inclusion of personal income tax amounts in deductible expenses
Point 2.31,
Section IV, Part C of Circular No. 130/2008/TT-BTC guides: To disallow
inclusion in deductible expenses of “… personal income tax amounts.”
Personal
income tax amounts disallowed to be included in deductible expenses for
determining business taxable incomes are tax amounts withheld by enterprises
from taxpayers’ incomes for payment into the state budget. In case an
enterprise signs labor contracts stipulating that salaries and remunerations
paid to laborers are exclusive of personal income tax, personal income tax
amounts paid by the enterprise for its laborers may be included in deductible
expenses for determining business taxable incomes.
3. Guidance
on payment of taxes assessed on the basis of revenues from the sale of goods or
provision of services by non-business units.
Clause 4,
Part B of Circular No. 130/2008/TT-BTC guides: “Non-business units that conduct
goods and service business operations subject to business income tax (at the
rate of 25%), after subtracting the reduced or exempted business income tax
amounts (if any), and can calculate revenues but cannot determine expenses for
and incomes from these operations, shall declare and pay business income tax in
a percentage of revenues from the sale of goods or provision of services,
specifically as follows:
- For
services: 5%;
- For goods
trading: 1%;
- For other
business operations: 2%.”
Under the
above guidance, non-business units that conduct goods and service business
operations subject to business income tax and can calculate revenues but cannot
determine expenses for and incomes from these operations shall declare and pay
business income tax in a percentage of revenues from the sale of goods or
provision of services.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Guidance
on collection of business income tax for real estate transfer.
4.1.
Enterprises implemented projects to build houses for sale before 2008 and
already sold some completely built houses attached with land use rights. For
projects completed in 2009 on, when making business income tax finalization for
the whole project, an enterprise shall separate houses already delivered
together with land use rights to customers in 2008 or before for which it paid
taxes under the tax policy applied in 2008 and before, and shall calculate and
pay business income tax under Business Income Tax Law No. 09/2003/QH11 and
guiding documents. For houses sold together with land use rights from January
1, 2009 on, it shall calculate and pay business income tax under Business
Income Tax Law No. 14/2008/QH12 and guiding documents.
4.2. Article
13 of the Government’s Decree No. 124/2008/ND-CP of December 11, 2008,
stipulates that “incomes from real estate transfer include incomes from
transfer of land use rights or land lease rights; incomes from the sub-lease of
land by real estate enterprises under the land law, with or without
infrastructure facilities and architectural works attached to land.”
Clause 1,
Section I, Part G of the Finance Ministry’s Circular No. 130/2008/TT-BTC of
December 26, 2008, guides that “incomes from real estate transfer include
incomes from transfer of land use rights or land lease or sub-lease right of
real estate enterprises under the land law, with or without infrastructure
facilities and architectural works attached to land.”
Accordingly,
from January 1, 2009, enterprises of all economic sectors that earn incomes
from transfer of land use rights, transfer of land lease rights, and real
estate enterprises that earn incomes from land sub-lease are liable to pay tax
on incomes from real estate transfer.
5. Guidance
on the determination of business income tax for enterprises applying a business
income tax period different from the calendar year.
An enterprise
applying a fiscal year different from the calendar year will be subject to the
business income tax policy under Circular No. 134/2007/TT-BTC for the 2008 tax
period, and the business income tax policy under Circular No. 130/2008/TT-BTC
for the 2009 tax period. An enterprise applying a fiscal year different from
the calendar year and ineligible for preferential business income tax rate,
when calculating its payable business income tax, will be eligible for the
business income tax rate of 25% for the number of months in 2009.
Example: An
enterprise has a tax period from October 1, 2008, to September 30, 2009. In
case it is currently subject to an ordinary tax rate but not a preferential tax
rate, when finalizing its business income tax, the enterprise may allocate the
payable tax amount as follows:
Payable
business income tax
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
=
Taxable
income in the fiscal tax period
x
3 months x 28% +
Taxable
income in the fiscal tax period
x
9 months x 25%
12
months
12
months
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Clause 2,
Article 7 of Decree No. 124/2008/ND-CP stipulates that “an enterprise suffering
a loss may carry forward such loss to the subsequent year, which will be
subtracted from taxable incomes. The time of carrying losses forward must not
exceed 5 consecutive years, counting from the year following the loss-making
year.”
- Clause 2,
Section VII, Part C of Circular No. 130/2008/TT-BTC guides that “an enterprise
that suffers a loss after making tax finalization may carry forward the loss of
the tax finalization year for subtraction from subsequent years’ taxable
incomes. The time of carrying losses forward must not exceed 5 consecutive
years, counting from the year following the loss-making year.”
So, the time
of carrying forward losses arising from 2009 on must not exceed 5 years,
counting from the year following the loss-making year. Losses arising before
2009 shall be carried forward under legal documents effective at that time; If
the remaining loss-carry forward time continues in 2009, it shall be calculated
consecutively.
7. Guidance
on other incomes.
Point 19,
Section V of Circular No. 130/2008/TT-BTC guides: Other incomes: “Incomes
received in cash or in kind from financing sources, excluding donations
mentioned in Clause 7, Section VI of this Part.”
This
provision is re-guided as follows: Other incomes: “Incomes received in cash or
in kind from financing sources.”
8. Guidance
on the application of business income tax incentives.
8.1.
Enterprises established before January 1, 2009, that were ineligible for
investment incentives and business income tax preferences but now become
eligible for investment preferences under Decree No. 124/2008/ND-CP and
Circular No. 130/2008/TT-BTC, are not entitled to business income tax
incentives under Decree No. 124/2008/ND-CP and Circular No. 130/2008/TT-BTC for
the remaining period of these incentives, except those operating in socialized
domains and fully meeting all conditions on types, sizes and standards on
socialized domains in the list promulgated together with the Prime Minister’s
Decision No. 1466/QD-TTg of October 10, 2008, may shift to enjoy incentives
guided in Clause 5, Part I of Circular No. 130/2008/TT-BTC.
8.2.
Production units which were newly established from January 1, 2007, to before
January 1, 2009, and possess a business registration certificate or establishment
license are entitled to business income tax incentives under Decree No.
24/2007/ND-CP and Circular No. 134/2007/TT-BTC based on the actual conditions
met by the enterprises. The methods of determining periods of tax exemption and
reduction from the 2009 tax period comply with the guidance in Clause 4, Part I
of Circular No. 130/2008/TT-BTC. Production units that have been established
since January 1, 2009, but fail to meet the conditions on business lines and
geographical areas enjoying investment incentives defined in Decree No.
124/2008/ND-CP and Circular No. 130/2008/TT-BTC are not entitled to business
income tax incentives defined in Decree No. 124/2008/ND-CP and Circular No.
130/2008/TT-BTC.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan