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GENERAL DEPARTMENT
OF TAXATION
HO CHI MINH CITY
DEPARTMENT OF TAXATION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.: 1273/CTTPHCM-TTHT
Re: Tax policies
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Ho Chi Minh City,
February 09, 2021
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To: The
First Zone Maritime Pilotage Single-member Limited Liability Company
Address: No. 45 ABCD Dinh Tien Hoang - Ben Nghe Ward - District 1
TIN: 0300443683
In response to your Company’s official dispatch
dated December 18, 2020 on tax policies (received by Ho Chi Minh City
Department of Taxation on December 23, 2020), Ho Chi Minh City Department of
Taxation hereby gives some guidelines as follows:
Pursuant to the Circular No. 45/2013/TT-BTC dated
April 25, 2013 of the Ministry of Finance providing guidelines for management,
use and depreciation of fixed assets;
Pursuant to Article 8 of the Circular No.
219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance providing
guidelines for Value-added Tax (VAT), time for VAT calculation is determined as
follows:
“Article 8. Time for VAT calculation
…
5. With regard to
construction and installation activities, including shipbuilding, VAT shall be
calculated at the time of commissioning and acceptance of the finished works,
or their items, or construction/installation amounts, whether or not the
payment is made.
…”
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“2. Filling some specific items on an invoice
a) Item “Ngày tháng năm” (Date of invoice):
Date of a service invoice is the date of completion
of service provision, whether or not the payment is made. Where the
payment is made in advance or during the service provision, the date of invoice
is the date of payment.
…
With regard to construction and installation
activities, the date of invoice is the date of commissioning and acceptance of
the finished works, or their items, or construction/installation amounts,
whether or not the payment is made.
Where multiple deliveries are required, or each
work item or service phase is accepted, it is required to issue an invoice
showing quantity, value of goods or service for each respective delivery or
acceptance.
…”
Pursuant to the Circular No. 96/2015/TT-BTC dated
June 22, 2015 of the Ministry of Finance providing guidelines for corporate
income tax (CIT):
+ Article 3 provides amendments to Clause 2 Article
5 of the Circular No. 78/2014/TT-BTC as follows:
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a) For goods sale: the time when the right to
ownership and/or right to enjoyment of goods is transferred to the buyer.
b) For service provision: the time when the service
provision is completed or part of service provision is completed, except for
the cases specified in Clause 3 Article 5 of the Circular No. 78/2014/TT-BTC,
and Clause 1 Article 6 of the Circular No. 119/2014/TT-BTC.
c) For air transport: the time when the provision
of transport services is completed.
d) Other cases defined by law”.
+ Article 4 provides amendments to Article 6 of the
Circular No. 78/2014/TT-BTC (as amended in Clause 2 Article 6 of the Circular
No. 119/2014/TT-BTC and Article 1 of the Circular No. 151/2014/TT-BTC) as
follows:
“Article 6. Deductible and non-deductible expenses
when calculating taxable income:
1. Except the non-deductible
expenses prescribed in Clause 2 of this Article, every expense is deductible if
all of these following conditions are satisfied:
a) The actual expense incurred is related to the
enterprise’s business operation;
b) There are sufficient and valid invoices and
proof for the expense under the regulations of the law;
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The proof of non-cash payment must comply with
regulations of the Law on VAT.
…”
Pursuant to the abovementioned regulations:
1. In principle, with regard
to construction works, the time for issuing VAT invoice and calculating VAT and
CIT is the date of commissioning and acceptance of the finished works, or their
items, or construction/installation amounts, whether or not the payment is
made. According to your Company’s statements, your Company is the investor and
has concluded a construction contract (contract package: Construction works of
Long An pilotage station project, hereinafter referred to as “construction
works”) with Song Hong No. 1 Construction Joint Stock Company (contractor) but
then two parties have decided to stop construction works and liquidate the
signed contract. In this case, the contractor is required to issue an invoice
to your Company for the volume of actually finished works. Where the
contractor has not yet issued the invoice for the finished volume of the
construction works, the payment made to the contractor shall not be included in
the lawful investment value specified in the financial statement of the
construction works.
2. Song Hong No. 1
Construction Joint Stock Company (TIN: 0100106345) is headquartered at No, 72,
An Duong Street, Yen Phu Ward, Tay Ho District, Ha Noi City, and is subject to
the supervision of Ha Noi City Department of Taxation. Thus, Ha Noi City
Department of Taxation shall have the power to consider and take actions
against administrative violations regarding taxation and invoices (if any)
committed by Song Hong No. 1 Construction Joint Stock Company.
PP. DIRECTOR
DEPUTY DIRECTOR
Nguyen Nam Binh