MINISTRY OF
FINANCE
GENERAL DEPARTMENT OF TAX
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 5084/TCT-CS
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Hanoi, November
03, 2016
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To: Fuji Mold
Vietnam Co., Ltd
(Address: Lot F8A, Nomura industrial zone, Hai Phong City)
In response to Official Dispatch No.78/2016 CV/FMV
dated August 02, 2016 of Fuji Mold Vietnam Co., Ltd (hereinafter referred to as
“FMV”) regarding guidelines for corporate income tax (hereinafter referred to as “CIT”) on expansion investment, below
are opinions from the General Department of Tax:
- Pursuant to point a in clause 6 in Article 18 of
Circular No.78/2014/TT-BTC dated June 18, 2014 of the 18/6/2014 of the Ministry
of Finance:
“6. Incentives for expansion investment
a) If satisfying
one of the three conditions prescribed at this Point, enterprises having
investment projects to develop operating investment projects such as expansion
of production scale, increase of capacity and renewal of production technology
(commonly referred to as expansion investment projects) in the fields or
localities eligible for CIT incentives under Decree No.218/2013/ND-CP (including also economic zones, hi-tech zones and
industrial zones other than those located in urban districts of special-grade
cities, centrally-affiliated grade-I cities and provincial grade-I cities) may
choose to apply the CIT incentives to their operating projects for the
remaining period (if any) or their operating projects may be entitled to tax
remission for additional incomes brought about by the expansion investment (not
eligible for preferential tax rates) for a specific period of time equal to the
tax remission duration applicable to new investment projects in the same area
or field eligible for CIT incentives. If enterprises choose to apply CIT incentives to their operating
projects for the remaining period, the field and location of the expansion
investment project must be eligible for CIT incentives under Decree No.218/2013/ND-CP and as the same as those of operating projects.
An expansion investment project mentioned at
this point must satisfy one of the following conditions:
- The historical
cost of fixed assets added when the project is completed and commissioned is at
least VND 20 billion, for expansion investment projects in the fields eligible
for CIT incentives under Decree No.218/2013/ND-CP, or VND 10 billion, for expansion investment projects in localities
with poor or seriously poor socio- economic conditions under Decree No.218/2013/ND-CP.
- The historical cost of additional fixed assets
accounts for at least 20% of total historical cost of fixed assets before the
investment.
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…
In case operating
enterprises invest in upgrading, replacement or renewal of technologies applied
to operating projects in the fields or areas eligible for tax incentives under
Decree No. 218/2013/ND-CP but fail to
satisfy one of the three conditions prescribed at this Point, tax incentives
shall be given to operating projects for the remaining period (if any).”
- Pursuant to clause 4 in Article 10 of Circular
No.96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance which amends
point a in clause 6 in Article 18 of Circular No.78/2014/TT-BTC:
“If the
enterprise has an investment project which is given tax incentives and during
the period of 2009 – 2013 regularly makes investment in additional machinery
and equipment that is not included in the aforesaid expansion investment
project, the increase in income from investment in additional machinery and
equipment is also given the same tax incentives at the incentives being applied
to the project for the remaining period from the tax period 2014.”
- Pursuant to clause 1 in Article 13 of Circular
No.96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance which amends
Clause 2a in Article 23 of Circular No.78/2014/TT-BTC:
“2a. The
enterprise that has an expansion investment project licensed by competent
authorities or has made investment during 2009 – 2013, and satisfies conditions
for tax incentives in the tax period 2014 (in terms of fields or areas eligible
for the incentives, including industrial zones, economic zones and hi-tech
zones) according to the Law No. 32/2013/QH13, the Law No. 71/2014/QH13 and
their guiding documents shall be given tax incentives applied to expansion
investment in accordance with provisions of the Law No. 32/2013/QH13, the Law
No. 71/2014/QH13 and their guiding documents for the remaining period from the
tax period 2015.”
- Pursuant to Article 5 of Circular
No.130/2016/TT-BTC dated August 12, 2016 of the Ministry of Finance which
provides guidelines for Decree No.100/2016/ND-CP dated July 01, 2016 of the
Government on enforcement of the Law which amends the Law on Value-Added Tax,
Law on Special Excise Duty and the Law on Tax Management and some articles on
Circulars on Tax:
“Article 5. Addition of point a1 to Point a in
Clause 6 in Article 18 of Circular No.78/2014/TT-BTC dated June 18, 2014 of the
Ministry of Finance on implementation of Decree No.218/2013/ND-CP dated
December 26, 2013 of the Government on guidelines for the Law on Corporate
Income Tax which is amended in clause 4 in Article 10 of Circular
No.96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance:
“a1) Expansion
investment is not required for enterprises that, during their business
operation, invested finances from their fixed asset depreciation fund, net
profit for reinvestment or investment capital registered with competent state
management authorities into additional machinery and equipment on regular
basis, from 2009 to 2013, but did not increased the capacity of production and
business according to the registered or approved business plan.”
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Pursuant to above-mentioned regulations and
according to the document attached to the Official Dispatch of FMV:
- In case FMV has invested in construction of
additional factories or purchase of machinery and equipment from 2009 to 2013:
+ Its expansion investment project shall be
eligible for CIT incentives if conditions for regular investment prescribed in
Article 5 of Circular No.130/2016/TT-BTC and Official Dispatch No.4769/BTC-TCT
mentioned above are fully satisfied.
+ Its income from the expansion investment project
shall be eligible for the same CIT incentives as the incentives being applied
to the operating project (if any) for the remaining period from 2015 or be entitled to tax remission for additional incomes
brought about by the expansion investment (not eligible for preferential tax
rates) for a specific period of time equal to the tax remission duration
applicable to new investment projects in the same area if conditions for
expansion investment prescribed in point a in clause 6 in Article 18 of Circular
No.78/2014/TT-BTC mentioned above are fully satisfied.
If FMV chooses to apply CIT incentives to its operating projects for the
remaining period, the field or location of such expansion investment project
shall be eligible for CIT incentives under Decree No.218/2013/ND-CP and
the same as those of operating projects.
- In case FMV invested in renovation of machinery
and equipment in 2015:
+ Its operating projects shall be eligible for CIT
incentives for the remaining period (if any) if FMV has invested in renovation,
replacement or renewal of technologies applicable for operating projects but
fails to satisfy conditions for expansion investment prescribed in point a in
clause 6 in Article 18 of Circular No.78/2014/TT-BTC mentioned above.
+ Its projects under preferential treatment shall
be eligible for CIT incentives for the remaining period (if any) or be entitled
to tax remission for additional incomes brought about by the expansion
investment (not eligible for preferential tax rates) for a specific period of
time equal to the tax remission duration applicable to new investment projects
in the same area eligible for tax incentives if conditions for expansion
investment prescribed in point a in clause 6 in Article 18 of Circular
No.78/2014/TT-BTC mentioned above are fully satisfied.
If FMV chooses to apply CIT incentives to its
operating projects for the remaining period, the field or location of such
expansion investment project must be eligible for CIT incentives under Decree
No.218/2013/ND-CP and as the same as those of operating projects.
It is recommended that FMV contacts tax authorities
for guidelines on implementation./.
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PP. DIRECTOR
GENERAL
DEPUTY DIRECTOR GENARAL
Cao Anh Tuan