|
MINISTRY OF FINANCE
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.
141/2013/TT-BTC
|
Hanoi, October 16, 2013
|
CIRCULAR
GUIDANCE ON THE
IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 92/2013/ND-CP DATED AUGUST 13,
2013, ELABORATING THE IMPLEMENTATION OF SOME ARTICLES THAT COME INTO FORCE FROM
JULY 01, 2013 OF THE LAW ON THE AMENDMENTS TO THE LAW ON ENTERPRISE INCOME TAX
AND THE LAW ON THE AMENDMENTS TO THE LAW ON VALUE-ADDED TAX
Pursuant to the Law on Value-added tax No. 13/2008/QH12 dated June 03,
2008 and the Law on the amendments to the Law on Value-added tax No.
31/2013/QH13 dated July 19, 2013;
Pursuant to the Law on Enterprise income tax No. 14/2008/QH12 dated
June 03, 2008 and the Law on the amendments to the Law on Enterprise income tax
No. 32/2013/QH13 dated July 19, 2013;
Pursuant to the Law on Tax administration No. 78/2006/QH11 dated
November 29, 2006 and the Law on the amendments to the Law on Tax administration
No. 21/2012/QH13 dated November 20, 2012;
Pursuant to the Government's Decree No. 92/2013/ND-CP dated August 13,
2013 elaborating the implementation of some Articles that come into force from
July 01, 2013 of the Law on the amendments to the Law on Enterprise income tax
and the Law on the amendments to the Law on Value-added tax;
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November
27, 2008, defining the functions, tasks, powers and organizational structure of
the Ministry of Finance;
At the request of the Director of the General Department of Taxation;
...
...
...
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
Chapter I
CORPORATE INCOME TAX
Article 1. Imposition of corporate income tax on
companies of which annual revenues do not exceed 20 billion VND
1. The companies established under Vietnam’s law,
including cooperatives, public service agencies (hereinafter referred to as
companies) of which annual revenues do not exceed 20 billion VND shall apply
20% corporate income tax from July 01, 2013.
The total revenue being the basis for applying 20% tax is the total
revenue in the previous year based on criterion No. 01 and criterion No. 08 on
the Appendix of income statement of the previous tax period enclosed with the
form No. 03-1A/TNDN, the corporate income tax statement No. 03/TNDN provided in
the Circular No. 28/2011/TT-BTC and its amendments (if any).
New companies that are established during the period from January 01, 2013
to the end of June 30, 2013, the revenue is based on the entry No. 21 “Revenue
earned in the period” (not including other incomes) on the provisional
corporate income tax statement of Q1 and Q2 2013 under the form No. 01A/TNDN
provided in the Circular No. 28/2011/TT-BTC dated February 28, 2011 and its
amendments (if any).
If the company has been established for fewer than 12 months at the end of
the tax period 2012, or the first tax period 2012 is longer than 12 months, the
revenue being the basis for applying 20% tax mentioned in this Clause is the
average monthly revenue in the tax period 2012, which does not exceed 1.67
billion VND.
If the company is established within the first 06 months of 2013, the
revenue being the basis for applying 20% tax mentioned in this Clause is the average
revenue of the first months in 2013 until the end of June 30, 2013, which does
not exceed 1.67 billion VND.
The new companies that are established from July 01, 2013 shall apply 25%
tax (unless tax incentives are provided). At the end of the fiscal year, if the
average monthly revenue does not exceed 1.67 billion VND, the company shall
apply 20% tax (except for the incomes mentioned in Clause 2 Article 1 of this
Circular).
...
...
...
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
a) Incomes from transfer of capital, the right to contribute capital;
incomes from real estate transfer (except for incomes from social housing
business mentioned in Article 2 of this Circular); incomes from transfer of
projects, the right to participate in projects, the right to mineral
exploration and extraction; incomes from business outside Vietnam;
b) Incomes from exploration and extraction of petroleum and other rare and
valuable resources; incomes form mineral extraction;
c) Incomes from provision of services subject to excise duty according to
the Law on special excise duty.
3. Principles:
a) The company must separate the incomes eligible for 20% tax and the
incomes that are not eligible for 20% tax. If the company fails to separate the,
20% tax shall be applied based on the ratio of revenue from the sale of goods
and services eligible for 20% tax to the total revenue in the tax period of the
company.
b) After separating the revenues, the company may offset profit against
loss. The residual income after offsetting shall apply the rate of corporate
income tax on profitable operations. The documents applied to offsetting of
profit against loss in certain periods:
- During the period from July 01, 2013 to the end of
December 31, 2013, Article 16 of the Law on Enterprise income tax No.
14/2008/QH12 dated June 03, 2008 and its guiding documents shall apply.
- From January 01, 2014, Clause 10 Article 1 of the
Law on the amendments to the Law on Enterprise income tax No. 32/2013/QH13
dated June 19, 2013 and its guiding documents shall apply.
c) Identification of incomes eligible for 20% tax from July 01, 2013:
...
...
...
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
- If the company cannot calculate the taxable incomes
eligible for 20% tax from July 01, 2013, 20% tax shall apply to the amount calculated
by the company from July 01, 2013, then 20% tax shall be applied from July 01,
2013 based on the incomes eligible for 20% tax that are earned in the months
multiplied by the number of business months from July 01, 2013 to the end of
the fiscal year, and is calculated as follows:
Income eligible for 20% tax from July 01,
2013 to the end of the fiscal year
=
Total income eligible for 20% tax earned
in the fiscal year
x
Number of business months from July 01, 2013
to the end of the fiscal year
Number of business months in the fiscal
year
Example 1:
In the fiscal year from April 01, 2013 to March 31, 2014 (the revenue
earned in the previous fiscal year does not exceed 20 billion VND), company A earns
a total taxable income of 1,200,000,000. VND. The income eligible for 20% tax
from July 01, 2013 to March 31, 2014 (09 months) is calculated as follows:
...
...
...
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
=
1,200,000,000 (VND)
X 9 (months)
900,000,000 (VND)
12 (months)
Article 2. Imposition of corporate income tax on
incomes from social housing business
1. Companies established under Vietnam’s law,
including cooperatives and public service agencies, that engage in social
housing business shall apply 20% tax on the revenues from the sale, lease, and
hire-purchase of social housing earned from July 01, 2013, regardless of the
dates of the sale, lease, or hire-purchase contracts.
Social housing mentioned in this Clause are housing invested by the State
or other organizations and individuals from various economic sectors, which
satisfies the conditions in terms of sale prices, hire-purchase prices, rents,
buyers, lessees, and hirers as prescribed by legislation on housing.
Where a company engaged in social housing business signs a contract to
transfer a house and receives a deposit from the buyer before July 01, 2013,
and keeps collecting money after July 01, 2013 (the company has not determined
the expenditure corresponding to revenue, has made a provisional statement of
corporate income tax on the revenue earned), and transfers the house from July
01, 2013, the income from this transfer shall apply 10% 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
2. Identification of incomes eligible for 10% tax
from July 01, 2013:
a) If the company can calculate the revenue, expenditure, and taxable
incomes eligible earned from July 01, 2013, 10% tax shall apply to the amount
calculated by the company from July 01, 2013.
b) If the fiscal year of the company is the calendar year or different
from the calendar year or does not start on July 01, 2013, and the company
fails to determine the taxable income from July 01, 2013, then 10% tax shall
apply from July 01, 2013 to the end of the fiscal year, and calculated as
follows:
Average monthly income eligible for 10%
tax
=
Revenue from the sale, lease, and hire-purchase
of social housing
x
Total assessable income in the year (not
including other incomes)
:
...
...
...
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
Total revenue earned by the company in the
year
Income eligible for 10% tax from July 01, 2013
to the end of the fiscal year
=
Average monthly income eligible for 10%
tax
x
Number of business months from July 01,
2013 to the end of the fiscal year
Example 2:
In the fiscal year from April 01, 2013 to March 31, 2014, company B has:
...
...
...
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
Revenue from sale, lease, and hire-purchase of
social housing among which: 24 billion VND.
- Total assessable income in the fiscal year: 12 billion
VND, including 2 billion VND of other incomes (including financial income)
Income eligible for 10% tax from July 01, 2013 to the March 31, 2014 (09
months) is calculated as follows:
Average monthly income eligible for 10%
tax
=
24 (billion VND)
x
[12 (billion
VND) – 2 (billion VND)]
: 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
100 (billion VND)
Income eligible for 10% tax from July 01,
2013 to the March 31, 2014
=
0.2 (billion VND)
x
09 (months)
1.8 (billion VND)
Chapter II
...
...
...
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
Article 3. Imposition of 5% tax on social housing
1. 5% tax shall apply from July 1, 2013 to sale,
lease and hire-purchase of social housing.
2. Social housing mentioned in this Article is the
houses specified in Clause 1 Article 2 of this Circular.
3. 5% tax shall apply to contracts for sale and
hire-purchase of social housings signed from July 1, 2013 and to the payments
made from July 1, 2013 if the contract is signed before July 1, 2013.
For hire-purchase of social housing 5% tax shall apply when payment is
made according to the contract (including advance payments for many
instalments) from July 1, 2013. If the company has not received the rent from
July 1, 2013, the date of invoice shall apply.
Example 3:
Company Y is the investor in the social housing project X. In December
2012, company Y signs a contract with Mr. B to sell an apartment in project X.
Mr. B is eligible to buy social housing and the sale between company Y and Mr.
B is conformable with legislation on social housing trading. The sale contract
between both parties prescribes that Mr. B shall pay company Y in instalments,
in particular:
1st instalment: 20% of the value of the apartment when the
contract is signed - December 2012.
2nd instalment: 30% of the value of the apartment in May 2013.
...
...
...
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
4th instalment: 25% of the value of the apartment in April
2013.
Mr. B pays such instalments in accordance with the contract. According to
aforesaid regulations, company Y shall apply 5% VAT on the 3rd
instalment (in December 2013) and 4th instalment (in April 2014)
paid by Mr. B.
4. If the investor in the social housing project
converts housing into social housing in accordance with legislation on housing,
5% VAT from January 01, 2013 may be applied to the sale, lease and
hire-purchase of social housing since the decision to permit the conversion is
issued.
5. From July 1, 2013, if the company has made an invoice
with 10% tax on the sale, lease, hire-purchase of social housing eligible for
5% tax, an adjustment invoice shall be made. If the adjustment of tax rate
changes the contents of the sale, lease, or hire-purchase contract, the company
shall make an appendix specifying such adjustment.
Article 4. 50% reduction in VAT on commercial housing
1. A 50% reduction in VAT on the sale, lease or
hire-purchase of commercial housing that are finished apartments with floor
areas of under 70 m2 and are sold at under 15 million VND/m2.
2. Commercial housing being finished apartments
mentioned in this Article are apartments that are done in accordance with the
investor’s designed, can be used when they are transferred, and meet other
conditions in Clause 3 or Clause 4 of this Article.
3. The 50% reduction in VAT on the sale and
hire-purchase of commercial housing must satisfy the conditions below:
a) The commercial housing for sale or hire-purchase is finished apartments
with floor areas of under 70 m2 and sold at a price of less than 15
million VND/m2.
...
...
...
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
The sale price and hire-purchase of commercial housing below 15 million
VND/m2 mentioned in this Clause is inclusive of 10% VAT and
maintenance fee as prescribed.
If payment for commercial housing is made in instalments or deferred, the
sale price is the lump sum inclusive of 10% VAT and maintenance fee, exclusive
of interest on instalment plan, deferred payment, and other interests.
Example 4:
In October 2013, Mr. C purchases an apartment with the floor area of 54 m2
from company E at 14,000,000 VND/m2, inclusive of VAT and exclusive
of maintenance fee.
The sale price inclusive of 10% VAT and maintenance fee is 15,680,000
VND/m2 (= 14,000,000 VND + 10% VAT of 1,400,000 VND + 2% maintenance
fee of 280,000 VND). 50% reduction in VAT shall be made in this case.
c) The payments made during the period from July 1, 2013 to the end June
30, 2015 are eligible for 50% reduction in VAT on the sale and hire-purchase
contracts for commercial housing that are signed before July 1, 2013 and the
contracts signed during the period from July 1, 2013 to the end of June 30,
2014.
Example 5:
In April 2013, company X and Mr. A signs a contract for the sale of 01
apartment with the floor plan of 60 m2 and the sale price of
11,000,000 VND/m2, exclusive of VAT and maintenance fee. The sale
contract between both parties prescribes that Mr. A shall pay company X in
instalments, in particular:
1st instalment: 20% of the value of the apartment when the
contract is signed - April 2012.
...
...
...
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
3rd instalment: 20% of the value of the apartment in August
2014.
Mr. B pays such instalments in accordance with the contract. According to
aforesaid regulations, company X shall apply 5% reduction in VAT on the 2nd
instalment (in August 2013) and paid by Mr. A.
4. The 50% reduction in VAT on commercial housing
being apartment for lease must satisfy the conditions below:
a) An apartment for lease must has the floor plan under 70 m2
and has a similar value to an apartment of the same type that is soled at under
15 million VND/m2.
An apartment of the same type is an apartment in the same area with
similar area, characteristics and location with the apartment for lease when
the lease contract is signed.
b) The sale price of the apartment of the same type being the basis for
considering VAT reduction mentioned in this Clause is the price inclusive of
10% VAT and maintenance fee as prescribed.
c) The 50% reduction of VAT on commercial housing for lease is applied to
the rent prescribed in the lease contract (regardless of the date of contract)
from July 1, 2013 to the end of June 30, 2014, (including advance rent for many
years).
If a company leases out a house from July 1, 2013 to the end of June 30,
2014 but no rent is paid, a 50% reduction of VAT on the rent from July 1, 2013
to the end of June 30, 2014 shall be made.
5. Making invoices for sale, lease, hire-purchase of
commercial housing eligible for VAT reduction:
...
...
...
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
Example 6:
Continued from Example 5, company X issue an invoice to Mr. A for the 2nd
instalment as follows:
Item: 2nd instalment - 50% reduction in VAT.
Unit price: 11,000,000 x 60 m2 x 60% = 396,000,000 VND.
Quantity: 01.
VAT rate: 10% x 50%.
VAT: 19,800,000 VND
Total amount: 415,800,000 VND.
Example 7:
...
...
...
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
If the apartment sold by company A is eligible for 50% reduction in VAT
(because the price inclusive of 10% VAT and 2% maintenance fee is 12,000,000 +
1,200,000 (10% tax) + 240,000 (maintenance fee) = 13,440,000 VND/m2).
When the payment is collect, company A issues an invoice to Mr. B as
follows:
Item: An apartment eligible for 50% reduction in VAT.
Unit price: 12,000,000 x 50 (m2) = 600,000,000 VND.
Quantity: 01 (apartment).
VAT rate: 10% x 50%.
VAT: 30,000,000 VND
Total amount: 630,000,000 VND.
6. Statement of reduced VAT:
...
...
...
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
b) The invoice for reduction of VAT on the sale, lease, hire-purchase of
commercial housing shall be stated as “Goods and services subject to 10% tax”
on the list of invoices enclosed with the VAT statement made by a taxpayer
using the deduction method. Write "50% reduction for commercial housing”
on the “Notes” line.
7. From July 1, 2013, if the company has issued
invoices without making 50% reduction in VAT on the sale, lease, hire-purchase
of commercial housing eligible for 50% reduction in VAT as prescribed in this
Article, they shall make adjustment invoices as prescribed. If the adjustment of
tax rate changes the contents of the sale, lease, or hire-purchase contract,
the company shall make an appendix specifying such adjustment.
Chapter III
IMPLEMENTATION
Article 5. Effects
This Circular takes effect on November 30, 2013 and is applied to the
statements of corporate income tax and VAT from July 1, 2013.
Article 6. Responsibility for the implementation
1. People’s Committees of central-affiliated cities
and provinces shall instruct competent authorities to comply with the
regulations of the Government and guidance of the Ministry of Finance.
2. Tax authorities shall instruct the organizations
and individuals under their management to implement this Circular.
...
...
...
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
Organizations and individuals are recommended to report the difficulties
arising during the course of implementation to the Ministry of Finance for
consideration and settlement./.
PP THE MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan