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THE
MINISTRY OF FINANCE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
151/2014/TT-BTC
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Hanoi,
October 10, 2014
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CIRCULAR
ON PROVIDING GUIDANCE ON DECREE NO. 91/2014/ND-CP DATED
OCTOBER 1, 2014 OF THE GOVERNMENT ON AMENDMENTS TO DECREES ON TAXATION
Pursuant
to the Law on Tax administration No. 78/2006/QH11 and Law No. 21/2012/QH13 on
amendments to the Law on Tax administration;
Pursuant
to the Law on personal income tax No. 04/2007/QH12 and Law No. 26/2012/QH13 on
amendments to the Law on personal income tax;
Pursuant
to the Law on Value-added tax No. 13/2008/QH12 and Law No. 31/2013/QH13 on
amendments to the Law on Value-added tax;
Pursuant
to the Law on Corporate income tax No. 14/2008/QH12 and Law No. 32/2013/QH13 on
amendments to the Law on Corporate income tax;
Pursuant
to the Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government on
providing guidance on implementation of the Law on Tax administration and the
Law on amendments to the Law on Tax administration;
Pursuant
to the Decree No. 65/2013/ND-CP dated June 27, 2013 of the Government on
providing guidance on the Law on personal income tax and the Law on amendments
to the Law on personal income tax;
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Pursuant
to the Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government on
providing guidance on the implementation of the Law on Corporate income tax;
Pursuant
to Decree No. 91/2014/ND-CP dated October 1, 2014 of the Government on
amendments to Decrees on taxes;
Pursuant
to Decree No. 215/2013/ND-CP dated December 23, 2013 of the Government defining
the functions, tasks, entitlements and organizational structure of the Ministry
of Finance;
At
the request of the Director of the General Department of Taxation,
The
Minister of Finance shall provide guidance on implementation of Decree No.
91/2014/ND-CP dated October 1, 2014 of the Government on amendments to Decrees
on taxation as follows:
Chapter I
CORPORATE INCOME TAX
Article 1. Point
2.2.e and Point 2.31 Clause 2 Article 6 of the Circular No. 78/2014/TT-BTC
dated June 18, 2014 of the Ministry of Finance on providing guidance on
implementation of Decree No. 218/2013/ND-CP dated December 26, 2013 of the
Government on providing guidance of implementation of the Law on Corporate
income (hereinafter referred to as Circular No. 78/2014/TT-BTC) shall be
amended as follows:
“e) Depreciation for cars with
fewer than 9 seats (except for cars used for passenger transport, tourism, or
hotel operations; cars used for display and test drive by car dealers) in
proportion to the portion of cost in excess of 1.6 billion dong per car; depreciation
of fixed assets such as civil aircraft or yachts not used for transport of
passengers or goods, tourism, or hotel operations.
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Civil airplanes and yachts not
used for cargo, passenger and tourist transport business are those of
enterprises having registered and recorded the depreciation of fixed assets but
not registered the passenger transport, travel or hotel business in their
business registration certificates.
In case an enterprise transfers
or liquidates cars with fewer than 9 seats, the residual value of such car
equals (=) the actual cost of the fixed assets minus (-) the accumulated depreciation
of the fixed assets according to regulations on management, use, and
depreciation of fixed assets by the time of the car transfer or liquidation.
Example 8: Company A buys a car
with fewer than 9 seats at a cost of VND 6 billion. It shall liquidate the car
after making 1-year depreciation. The depreciation amount is VND 1 billion
according to regulations on management, use, and depreciation of fixed assets
(the depreciation period is 6 years according to regulations on fixed asset
depreciation) The depreciation amount to be included in deductible expenses
under tax policies is VND 1.6 billion/6 years = VND 267 million. Company A
liquidates the car for VND 5 billion.
The income from the car
liquidation = VND 5 billion - (VND 6 billion - VND 1 billion) = VND 0”
Expenditures that are not
relevant to assessable revenue, excluding the expenses below:
- The actual expenditures on
HIV/AIDS prevention at workplace, including expenditure on provision of
training in HIV/AIDS prevention for employees, expenditure on raising
employees’ awareness of HIV/AIDS prevention, fees for HIV consultation,
examination and testing, and expenditure on supporting employees who are HIV
sufferers.
- Expenditures on performance of
duties pertaining to security and defense education, training, activities of
militia forces and other defense and security duties as prescribed;
- The actual expenditures on
operations of Party Communist Party organizations and social-political
organizations in the businesses.
- Direct expenditures on the
employees’ welfare: expenditures on employees’ family occasion; expenditures on
holiday allowance or treatment support; expenditures on professional training;
expenditures on supporting employees’ families affected by natural disasters,
hostilities, accidents, illness; expenditures on providing reward for
employees’ children due to their educational achievements; expenditures on
allowances for traveling during holidays of the employees and other welfare
expenditures.
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The actual average 1 month’s
salary equals (=) wage-fund released within a year divided (:) by 12 months.
Wage-fund established within a year shall be prescribed in 2.5.c Clause 2
Article 6 of Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of
Finance.
Example: Company A has actual
wage-fund released in 2014 by VND 12 billion, the average 1 month’s salary of
company A incurred in the tax year 2014 shall be determined as follows: (VND
12.000.000.000 : 12 months) = VND 1.000.000.000
- Other special expenditures of
each field shall apply guidance of the Ministry of Finance”.
Article 2. Clause
14 Article 7 of Circular No. 78/2014/TT-BTC shall be amended as follows:
Differences from the revaluation
of assets as prescribed to contribute capital or transfer assets upon division,
splitting, consolidation, merger or conversion (except for equitization or
restructuring of the enterprises whose charter capital is wholly held by the
state) shall be specifically determined as follows:
a) Increase or decrease
resulting from the revaluation of assets is the difference between the
re-evaluated value and the residual book value of assets and shall be included
once in other incomes (for increase) or deducted from other incomes (for
decrease) in a tax period for determining taxable incomes of businesses having
their assets re-evaluated;
b) Increase or decrease
resulting from the revaluation of land use rights (hereinafter referred to as
land) for: capital contribution (in which the land transferee may gradually
aggregate this value with deductible expenses), transfer upon division,
splitting, consolidation, merger or conversion; or for capital contribution to
investment projects to build houses and infrastructure facilities for sale
shall be included once in other incomes (for increase) or deducted from other
incomes (for decrease) in a tax period for determining taxable incomes of the
land transferor;
Particularly, the increase
resulting from the revaluation of land for the creation of fixed assets used in
production and business activities which must not be depreciated or gradually
aggregated with deductible expenses may be gradually included in other incomes
of the land transferor for up to 10 years from the year in which the land is
contributed as capital. The land transferor shall notify the number of
years they will aggregate the increase with other incomes when making the
declaration of corporate income tax of the starting year of declaration of this
income (the year in which the land to be contributed as capital are
re-evaluated).
In case after capital
contribution, businesses continue to transfer capital in the form of land
(including also the case of capital contribution ahead of the 10-year time
limit), the income from the transfer of capital in the form of land shall be
calculated and declared for tax payment as income from real estate transfer.
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c) Businesses that receive
assets contributed as capital or assets transferred upon division, splitting,
consolidation, merger or conversion of the company may depreciate such assets
or gradually aggregate them with expenses according to the revaluation price
(unless the value of land use rights is ineligible for depreciation or
aggregation with expenses under regulations).”
Article 3. Clause
3 Article 8 of Circular No. 78/2014/TT-BTC shall be amended as follows:
“3. The income derived
from the execution of the contract for scientific research and technological
development shall be eligible for tax exemption until expiration of that
contract but not more than 3 years from the day on which the revenue is earned;
The income derived from the sale
of products that are results of new technologies applied in Vietnam for the
first time shall be eligible for tax exemption but not more than 5 years from
the day on which the revenue is earned;
The income derived from the sale
of experimental products during the experimental production period shall be
applied to relevant laws.
a) The income derived from the
execution of the contract for scientific research and technological development
eligible for tax exemption must satisfy the following requirement:
- The scientific research
activity registration is certified;
- Such scientific research and
technological development contract is certified by a competent state management
agency in charge of science.
b) The income derived from the
sale of products that are results of new technologies applied in Vietnam for
the first time is eligible for tax exemption if such technologies are certified
by a science authority”.
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"9. Income of the
Vietnam Development Bank derived from credit extension serving investment in
development, or credit extension serving export assigned by the State; income
of Bank for Social Policies derived from credit extension to the poor and other
subjects enjoyed preferential treatment policy; income of Vietnam Asset Management
Company; income of government grants derived from revenue-generating activities
assigned by the State : Vietnam social insurance fund, Deposit insurance
corporation, Health insurance fund, Apprenticeship enhancement fund, Overseas
employment support fund of the Ministry of Labor, Famer support fund, Vietnam
legal aid fund, Public-utility telecommunications fund, Local development
investment fund, Vietnam environmental protection fund, Credit guarantee fund
for small and medium-sized businesses, Cooperative development aid fund, Poor
women support fund, Fund for Protection of citizens and legal entities abroad,
Housing development fund, Fund for small and medium-sized corporate
development, Fund for National scientific and technological development, National
technological innovation fund; incomes of non-profit Fund for Land development
and other funds of the State prescribed or established and operated by the
Government or Prime Minister are deriving from operations assigned by the
State.”
In case the units earn incomes
derived from operations other than revenue-generating operations assigned by
the State, they must calculate and pay tax as prescribed”.
Article 5. Point
e and g are added to Clause 5 Article 18 of Circular No. 78/2014/TT-BTC as
follows:
“e) With regard
to a licensed investment project, if the investment capital, stage, and rate of
progress are registered in the initial investment dossier sent to investment
licensing agency provided that the subprojects conducted on schedule, the
subprojects shall be treated as a subproject of the first investment project
granted the first license (except for force majeure events, objective
difficulties in the site clearance, administrative procedures of regulatory
agencies, disasters, conflagration or other difficulties or force majeure
events). As a result, such subprojects shall be eligible for tax incentives for
the rest of incentive period from the day on which the subprojects earn the
income eligible for tax incentives.
If the
investment project is licensed before January 1, 2014 and its investment stages
are conducted as registered, such subprojects shall be eligible for tax
incentives for the rest of incentive period from January 1, 2014.
In case the incomes of
subprojects of first investment projects are eligible for corporate income tax
incentives before January 1, 2014 as prescribed in legislative documents issued
before January 1, 2014, the tax incentives shall remain unchanged.
During the execution of
subprojects, if the investment authority (prescribed in the Law on investment
No. 59/2005/QH11 dated November 29, 2005 and guiding documents) grants an
extension of the project deadline and the project progress meets the extended
deadline, the investor shall be eligible for tax incentives as prescribed.
g) If an investment project is
provided with tax incentives and new investments in machinery and equipment are
regularly made during the period 2009 - 2013, the additional income earned from
such investments shall be eligible for the same tax incentives for rest of
incentive period from tax period 2014.”
Article 6. Clause
3 Article 20 of Circular No. 78/2014/TT-BTC shall be amended as follows:
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The socially and economically
advantaged areas prescribed in this Clause are urban districts of special class
cities or the class I cities affiliated to the central and the class I cities
affiliated to provinces, not including urban districts of the aforesaid cities
converted from districts from January 1, 2009; where an industrial park is
located in both advantaged and disadvantaged areas, the determination of tax
incentive for such industrial park depends on the actual location of the
investment project.
The determination of special
class cities, or class I cities prescribed in this Clause shall comply with
regulations of Decree No. 42/2009/ND-CP dated May 7, 2009 of the Government on
classification of cities and guiding documents of this Decree (if any)”.
Article 7. Clause
8 Article 23 of Circular No. 78/2014/TT-BTC shall be amended as follows:
“8. If the period of tax
incentives is still unexpired due to the export ratio but the business is no
longer eligible for tax incentives for textile and garment products from
January 11, 2007 and other products from January 01, 2012 because of
commitments to WTO, it may decide whether to apply preferential tax rates and
tax exemption period successively or concurrently for the remaining time to
textile and garment products from 2007 and to other products from 2012
depending on the business’ fulfillment of requirements (apart from export ratio
and use of domestic raw materials) in accordance with the legislative documents
on corporate income tax which is effective from the day on which the business
is issued with the establishment license to the effective date of the Decree
No. 24/2007/ND-CP dated February 14, 2007 of the Government providing guidance
on implementation of Law on corporate income tax, or in accordance with
regulations of legislative documents on corporate income tax at the time in
which tax incentives are adjusted due to the commitments to WTO.
If the adjustments in this
Circular are more advantageous than the adjustments in the previous legislative
documents although the business chose the plan prescribed in such documents
(whether the businesses has undergone an inspection or not). The businesses
shall make amendments as prescribed in the Law on Tax administration and
guiding documents on implementation of tax administration and their wrong
declaration due to amendments shall not face penalties for violations against
the laws on taxation. In case the tax paid by the business is larger than the
payable tax according to the amendments, the tax payer may decide whether to
offset it against the tax payable of next tax period or claim a tax refund as
prescribed. In case the businesses made adjustments in accordance with WTO
commitment for textile or garment products as prescribed in the previous
legislative documents, if they incur penalties for violations against taxes,
calculation of late payment interest and they have paid fines and late payment
interest, they are not required to make any adjustments”.
Chapter II
VALUE-ADDED TAX
Article 8. Point
a Clause 8 Article 4 of Circular No. 219/2013/TT-BTC dated December 31, 2013 of
the Ministry of Finance on providing guidance on implementation of the Law on
Value-added tax and Decree No. 209/2013/ND-CP dated December 18, 2013 of the
Government on providing guidance on implementation of the Law on Value-added
tax (hereinafter referred to as Circular No. 219/2013/TT-BTC) shall be amended
as follows:
“a) Credit extension services
including:
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- Discount
or rediscount negotiable instruments and other valuable papers;
- Issue
the bank guarantee;
- Grant
finance lease;
- Issue
credit card.
In case
the credit institutions collect the charges relating to credit card issuance,
the fees for credit extension services (issuance fees) charged from the clients
such as prepayment penalties, late payment fees, debt rescheduling, management
of loans and other fees in the process of credit extension shall be not subject
to VAT.
The normal
card transaction fees not in the process of credit extension such as, PIN
regeneration fees, transaction invoice’s copy issuance fees, refund claiming
fees, fees for replacement of lost cards, fees for cancellation of credit card,
credit card conversion fees and other fees shall be subject to VAT.
- Carry
out domestic factoring; or international factoring to permitted banks;
- Sell collateral for loans by
credit institutions or competent judgment-executing agencies, or borrowers sell
the collateral themselves by delegation of lenders to repay the secured loans,
in particular:
+ The sold
collateral for loans is an asset in secured transactions which is registered
with competent agencies as prescribed in regulations of law on registration of
secured transactions.
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If the
person having the collateral is still unable to pay the debt by the deadline
and has to transfer the asset to the credit institution for handling in
accordance with law, the parties shall carry out procedures for transfer of the
security asset under regulations.
In case a
credit institution receives collateral instead of receiving repayment from its
debtors, it shall record such collateral as an increase in its asset value
serving its business operation as prescribed. In case an institution sells its
assets serving its business operation and such assets are subject to VAT, the
institution must declare and pay VAT as prescribed.
Example 3:
In March 2014, Company A (a business entity that pays VAT using credit-invoice
method) puts its production lines and machinery as collateral for a 1-year loan
granted by Bank B (due on March 31, 2015). On March 31, 2015, Company A becomes
insolvent so that it must transfer its collateral to Bank B. The procedures for
transferring collateral shall be conducted as prescribed in regulations of law
on handling with collateral. If Bank B sells such collateral to recover the its
debts, that collateral shall be not subject to VAT.
Example
3a: In December 2014, Company B (a business entity that pays VAT using
credit-invoice method) puts its workshops and land use rights (hereinafter
referred to as land) as collateral for a 1-year loan granted by Commercial Bank
C, (due on March 31, 2015). Commercial Bank C and Company B had registered
secured transactions (a mortgage on its workshop and land) with competent
agencies. On December 15, 2016, Company B becomes insolvent and Commercial Bank
C grants a discharge of B’s mortgage in writing in order that Company B sells
its workshops to repay debt. In January 2017, if Company B sells its workshops,
the sold workshops shall not be subject to VAT.
-
Provision of credit information services provided by units affiliated to the
State bank to credit institutions which use in credit extension operations
prescribed in regulations of Law on the State bank.
Example 4:
X is a unit affiliated to the State bank and permitted to provide credit
information services. In 2014, X concludes a service contract with multiple
commercial banks for serving credit extension operations and other operations
of commercial banks, its revenue from the services serving credit extension
operation shall be not subject to VAT, and its revenue from the services
serving other operations of commercial banks not prescribed in regulations of
Law on the State bank shall be subject to VAT at 10%.
- Other
credit extension methods prescribed in corresponding regulations of law".
Article 9. Clause 3 Article 14 of Circular No.
219/2013/TT-BTC shall be amended as follows:
“3. The input VAT on
fixed assets, machinery, and equipment, including the input VAT on the lease of
these assets, machinery, and equipment, and other input VAT relating to assets,
machinery, and equipment such as warranty or repair shall be not deducted and
shall be included in costs of fixed assets or the deductible expense prescribed
in Law on corporate income tax and other documents providing guidance on
implementation in the following cases: specialized fixed assets used for the
manufacture of weapons and military equipment for security and defense; fixed
assets, machinery, equipment of credit institutions, reinsurers and life
insurers, securities companies, medical facilities, training institutions;
civil aircraft and yachts not used for commercial cargo transport, passenger
transport, tourism, or hotel operation.
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Article 10.
Point c Clause 3 Article 15 of Circular No. 219/2013/TT-BTC shall be
amended as follows:
“c) With regard to purchase of
goods/services under an instalment plan or deferred payment plan that is valued
at VND 20 million or above, the business entities shall declare and deduct the
input VAT according to the sale contract, VAT invoice, and bank transfer
receipt. If the bank transfer receipt is not available because the
payment is not due, the business entities may declare and deduct input VAT”.
If the bank transfer receipt is
not available, the business entities must declare and decrease the deducted VAT
in proportion to value of goods or services without bank transfer receipt in
the tax period incurred the cash payment (including cases in which tax
authorities and regulatory bodies had decision on inspection in the tax period
during the declared and deducted VAT is incurred)."
Chapter
III
PERSONAL INCOME TAX
Article 11.
Point dd.1 Clause 2 Article 2 of Circular No. 111/2013/TT-BTC
dated August 15, 2013 of the Ministry of Finance on providing guidance on
implementation of the Law on personal income tax, Law on amendments to the Law
on personal income tax and Decree No. 65/2013/ND-CP of the Government on
providing guidance on the Law on personal income tax and Law on amendments to
the Law on personal income tax (hereinafter referred to as Circular No.
111/2013/TT-BTC) shall be amended as follows:
“dd) Other monetary or
non-monetary benefits other than salaries and wages paid to taxpayers by
employers in any shape or form:
dd.1) House rents, charges for
electricity, water and associated services (if any), not including: benefits
from houses provided by the employers for workers working in the industrial
zones, economic zones or in disadvantaged or severely disadvantaged areas
In case a worker living at his
work place, his/her taxable income shall be calculated according to ratio of
his usable area to his work place area according to house rent or depreciation
expenses, charges for electricity, water and other services.
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Article 12.
Point c Clause 2 Article 26 of Circular No. 111/2013/TT-BTC shall be
amended as follows:
“c) A resident earns an income
from his salaries, wages, or business must make a declaration if there are
additional taxes payable or overpaid taxes which claim the tax refund or offset
against the tax in the next tax period, except for the following cases:
c.1) A person has tax payable
which is smaller than provisionally paid tax, but he does not claim a tax
refund or offset against the tax in the next tax period.
c.2) A person or a business
household earns an income from their business and has paid taxes using flat tax
method.
c.3) A person or a business
household who only earns an income from leasing out their houses or lands paid
taxes according to their declaration at their leasing houses or lands.
c.4) A person who earns both an
income from their salaries or wages from an at least 3-month labor contract
with a company and other incomes at other companies provided that it is not
more than VND 10 million and his income has been withheld at 10% by his
employer, he is only required to make a declaration for that income on request.
c.5) A person who earns both an
income from their salaries or wages from an at least 3-month labor contract and
other incomes from leasing out his houses or lands provided that his average
revenue in a year is not more than VND 10 million paid taxes at their leasing
houses or lands, he is only required to make a declaration for that income on
request.
c.6) A person who is an
insurance agent, a lottery agent, or a multi-level marketing agent whose
personal income tax has been withheld by the income payer shall not make a
declaration of that income.”
Article 13.
Clause 5 Article 30 of Circular No. 111/2013/TT-BTC shall be amended as
follows:
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From January 1, 2009
(implementation of the Law on personal income tax), every person that transfers
real estate, whether under a notarized contract, a handwritten document, or no
contract at all, must pay personal income tax on every transfer.”
Chapter IV
TAX ADMINISTRATION
Article 14. Point
dd, Clause 1, Article 10 of Circular No. 156/2013/TT-BTC dated November 6, 2013
of the Ministry of Finance on providing guidance on the Law on Tax
administration; Law on amendments to the Law on Tax administration and the
Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government (hereinafter
referred to as Circular No. 156/2013/TT-BTC) shall be amended as follows:
“dd)
If the taxpayer’s business operation is suspended and tax is not incurred, the
tax declaration for the suspension period might not be submitted. If the
taxpayer’s business is not suspended over the whole calendar year or tax year,
the annual declaration must be submitted.
dd.1)
If the taxpayer applies for business registration at a business registration
authority, the business registration authority shall be informed in
writing when the taxpayer suspends or resumes their business operation.
The
business registration authority must inform tax authority in writing of the
information of business suspension or resumption of the taxpayer within 02
working days from the day on which the document is received. In case the tax payer
register for business suspension, the tax authority must inform the business
registration authority in writing of unpaid tax to the government budget of the
taxpayer within 02 working days from the day on which the document is received.
dd.2)
If a taxpayer applies for TIN at the tax authority, he must inform supervisory
tax authority in writing within 15 days preceding the day on which the business
is suspended. The notification shall contain:
- Name
of business, address of premises, TIN;
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-
Reasons for suspension;
- Full
name and signature of the legal representative of the businesses,
representative of business group or owner of business household.
At the
end of the suspension period, the taxpayer must make a tax declaration as
prescribed. If the taxpayer resumes their businesses ahead of period prescribed
in notification of business suspension, he must notify supervisory tax
authority in writing and make a tax declaration as prescribed".
Article 15. Point
c Clause 2 Article 11 of Circular No. 156/2013/TT-BTC shall be amended as
follows:
“b)
Quarterly declaration of VAT
b.1) The taxpayers eligible to
declare VAT quarterly
The VAT taxpayers that earn
total revenue of VND 50 billion or less from the sale of goods and/or services
in the preceding year shall be eligible to declare VAT quarterly.
The taxpayer that has just begun
his business shall declare VAT quarterly. In the next calendar year after 12
months of business, VAT declarations shall be declared whether monthly or
quarterly depending on the revenue from the sale of goods and/or services in
the preceding calendar year (12 months).
Example 21:
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- Company A begins its business
from January 2015, thus VAT shall be declared quarterly in 2014 and 2015.
In 2016, tax shall be declared
monthly or quarterly depending on the revenue in 2015.
Taxpayers must determine their
eligibility to declare tax quarterly themselves.
Any taxpayer eligible to declare
VAT quarterly that wishes to declare tax monthly shall send a notification
(using the form No. 07/GTGT enclosed herewith) to the supervisory tax authority
not later than the submission of the VAT declaration of the first month of the
tax year in which VAT are declared monthly.
b.2) Period of quarterly
declaration
- VAT shall be declared monthly
or quarterly throughout the calendar year and the 3-year period. The first
stable period begins on October 1, 2014 and ends on December 31, 2016.
Example 22: In 2013, company C
earns total revenue of VND 18 billion, thus it is eligible to declare VAT
quarterly from October 1, 2014. If the revenue earned in 2014, 2015 or 2016
declared by the company (including adjustments), or determined by the inspector
is VND 55 billion, company C shall keep declaring VAT quarterly until the end
of 2016. The new declaration period shall be determined from 2017 according to
the revenue earned in 2016.
Example 23: In 2013,
company D earns revenue of VND 57 billion, thus it shall declare VAT monthly.
If the revenue earned in 2014 declared by the company (including adjustments),
or determined by the inspectors is VND 48 billion, company D shall keep
declaring VAT monthly until the end of 2016. The new declaration period shall
be determined from 2017 according to the revenue earned in 2016.
- In the quarterly declaration
stable period, if the taxpayers discovered themselves or by the inspector that
revenue earned in preceding year of that period is above VND 50 billion,
taxpayers not eligible to declare VAT quarterly of that period shall declare
VAT monthly from the following year of the year in which the revenue is
discovered.
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Example 25: In 2013, company G
states total revenue of VND 47 billion in the VAT declaration, which makes it
eligible to declare VAT quarterly from October 1, 2014. In 2015, company G
makes an adjusted declaration themselves specifying that the taxable revenue
earned in 2013 is in access of VND 5 billion against self-declared figure of
VND 52 billion. Consequently, company G shall declare VAT monthly from 2016.
From 2017, new tax declaration period shall be determined according to the
revenue earned in 2016.
- In the stable monthly
declaration period, if the taxpayers discovered themselves or by the inspector
that revenue earned in preceding year of that period is VND 50 billion or less,
taxpayers eligible to declare VAT quarterly of that period shall decide whether
to make declaration monthly or quarterly from the following year of the year in
which the revenue is discovered to the end of stable period.
- If the businesses make
declarations quarterly before the effective date of this Circular, the first
stable period shall be determined until the end of December 31, 2016.
b.3) Method of determining
revenue from sale of goods or services in the preceding year (to determine the
entities eligible to declare VAT quarterly)
- The revenue from sale of goods
or services is total revenues stated on the VAT forms of tax periods in the
calendar year (including taxable and non-taxable revenues).
- Where the taxpayer declares
taxes at the head office on behalf of their affiliates, the revenues from sale
of goods and services shall include the revenues earned by their affiliates
Article 16.
Article 12 of Circular No. 156/2013/TT-BTC shall be amended as follows:
“ Article 12. Declaration
of corporate income tax (hereinafter referred to as CIT)
1. Responsibility for
submitting CIT declarations to tax authorities
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b) Where the taxpayer has an
affiliate that keep accounting records independently, the affiliate shall
submit its CIT declarations to its supervisory tax authority.
c) Where the taxpayer has an
affiliate that keep accounting records dependently, such affiliate is not
required to submit CIT declarations. The taxpayer must include the tax incurred
by the affiliate in the CIT declaration at its headquarter.
d) Where the taxpayer has a
manufacturing facility (including processing or assembling facility) that keep
accounting records dependently and is located in province of which other than
the taxpayer’s head office, the taxpayer must include the tax incurred by the
manufacturing facility in the CIT declaration at its headquarter.
dd) If an associate of a
corporation or general company which keep accounting records dependently has
determined their revenue, expense, and taxable income, it shall declare and pay
CIT to the supervisory tax authority.
e) If an associate engages in
another business than the common business of the corporation or general
company, and can separate the revenue from such business, the associate shall
submit CIT declarations to the supervisory tax authority.
If another method of tax
declaration must be applied, the corporation or general company must request
the Ministry of Finance to provide guidance.
2. CIT shall be declared
whenever it is incurred, annually, or when a decision on division,
consolidation, merger, conversion, dissolution, or shut down of the company is
made. with regard to the conversion of company, if the transferee receives
whole tax liabilities of the transferor before conversion (such as conversion
from limited liability company into joint-stock company or conversely;
conversion from state-owned company into joint-stock company and other cases
prescribed in regulations of law), it shall not declare taxes until a decision
on conversion of company is made, and it shall only declare taxes annually as
prescribed.
Cases of CIT declarations whenever it its incurred:
- CIT on real estate transfer
shall be declared whenever it is incurred by the taxpayer that is not a real
estate company, or by the real estate company that wishes to do.
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3. CIT declarations
CIT declaration shall include
annual CIT declarations and CIT declarations that up to the time a decision on
division, consolidation, merger, conversion, dissolution, or shut down of the
company is made.
b) CIT declarations shall
include:
b.1) CIT declarations form using
form No. 03/TNDN enclosed herewith.
b.2) An annual financial
statement or a financial statement that up to the time a decision on division,
consolidation, merger, conversion, dissolution, or shutdown of the company is
made.
b.3) An appendix or appendices
enclosed with the tax declaration form issued together with Circular No.
156/2013/TT-BTC and this Circular (on a case-by-case basis):
- Appendix of business
performance using form 03-1A/TNDN, 03-1B/TNDN, or 03-1C/TNDN issued together
with Circular No. 156/2013/TT-BTC.
- Appendix of loss transfer
using form No. 03-2/TNDN issued together with Circular No. 156/2013/TT-BTC.
- Appendices of CIT
incentives:
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+ Form No. 03-3B/TNDN: CIT
incentives for businesses that invest in new production line, expansion,
technological innovation, environmental improvement, or productivity growth
(expansion investment) issued together with Circular No. 156/2013/TT-BTC.
+ Form No. 03-3C/TNDN: CIT
incentives for businesses that employ people from ethnic minorities, or
manufacturing, construction, transport businesses that employ many female
workers issued together with Circular No. 156/2013/TT-BTC.
- Appendix of CIT paid overseas
that is deductible using form No. 03-4/TNDN issued together with Circular No.
156/2013/TT-BTC.
- Appendix of CIT on real estate
transfer using form No. 03-5/TNDN enclosed herewith.
- Appendix of reports on the use
of science and technology fund (if any) using form No. 03-6/TNDN issued
together with Circular No. 156/2013/TT-BTC.
- Appendix of information about
related transactions (if any) using form No. 03-7/TNDN issued together with
Circular No. 156/2013/TT-BTC.
- Appendix of calculation of CIT
incurred by the company that has manufacturing facilities that keep accounting
records dependently and are located in other provinces other than the
headquarter using form No. 03-8/TNDN issued together with Circular No.
156/2013/TT-BTC.
- Where a company has a project
of investment overseas, additional documents required by the Ministry of
Finance must be included apart from the aforementioned documents.
4. CIT declarations on
real estate transfer prescribed in regulation of law on corporate income tax
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b) Any companies that do not
regularly make real estate transfer shall submit a provisional CIT declaration
whenever a real estate transfer is made.
Such companies are the companies
that are not licensed to trade in real estate.
CIT declaration for each
real estate transfer is the declaration form of tax on real estate transfer
using form No. 02/TNDN enclosed herewith.
At the end of the year, the tax
on real estate transfer must be separated when making the CIT declaration at
the headquarter. At the headquarter, CIT on real estate transfer shall be
handled as follows: if the tax paid is less than the tax payable in the
declaration form, the company must pay the outstanding tax to government
budget. If the tax paid is more than the tax payable in the declaration
form, the overpaid tax shall be deducted from outstanding CIT on other business
operations, or from the CIT payable in the next period, or claimed a tax refund
as prescribed. If the real estate transfer leads to a loss, the company must
offset such loss against the profit of other business operations (if any) from
January 1, 2014, and against the profit in the next years according to the laws
on corporate income tax.
c) The companies regularly make
real estate transfer shall submit quarterly CIT declarations. Such
companies are the companies that are not licensed to trade in real estate.
At the end of the tax year, the
company shall make a CIT declaration on whole the real estate transfers stated
in the quarterly CIT declarations or when it is incurred.
At the headquarter, CIT on real
estate transfer shall be handled as follows: if the provisional paid taxes
during the year are less than the amounts payable in the CIT declarations, the
company must pay the outstanding taxes to government budget. If the provisional
tax paid is more than the tax payable in the declaration form, the overpaid tax
shall be deducted from outstanding CIT on other business operations, or from
the CIT payable in the next period, or claimed a tax refund as prescribed. If
the real estate transfer leads to a loss, the company must offset such loss
against the profit of other business operations (if any) from January 1, 2014,
and against the profit in the next years according to the laws on corporate
income tax.
d) Where a company executes
projects for infrastructure or housing for sale or for lease and collects
advances from customers, in any shape or form:
- If the company has determined
the expenses in proportion to recorded revenues (including accrued expenses of
unfinished work estimates in proportion to recorded revenues, it shall pay CIT
according to the difference between revenues and expenses.
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When the property is
transferred, the company must declare the terminal CIT declaration on real
estate transfer.
5. If the businesses or
organizations pay CIT according to rate(%) of revenue from sale of goods or
services prescribed in regulations of law on corporate income tax, they shall
annually declare CIT using form No. 04/TNDN enclosed herewith.
If businesses or organizations
(paying CIT according to rate (%) of revenue from sale of goods or services
prescribed in regulations of law on corporate income tax) that do not regularly
sell goods or services subject to corporate income tax may declare taxes
whenever it is incurred using form No. 04/TNDN enclosed herewith, which are not
required to submit annual declarations annually.
6. d) Where the taxpayer
has a manufacturing facility (including processing or assembling facility) that
keep accounting records dependently and is located in province of which other
than the taxpayer’s headquarter, the taxpayer must include the tax incurred by
the manufacturing facility in the CIT declaration at its headquarter.
a) Circulation of documents
between State Treasuries and Tax authorities
The taxpayers shall determine
themselves CIT paid for headquarter and other facilities which keep accounting
records dependently prescribed in regulations of law on corporate income tax in
order to send a CIT receipt to the local governments where their headquarter
and manufacturing facilities are situated. The receipt must specify that the
payment is transferred to a government’s account at a State Treasury at the
same administrative level with the tax authority of the locality where their
headquarter and manufacturing facilities are situated.
The State Treasury where the
headquarter is located shall transfer money and the receipt to relevant State
Treasury for recording the tax incurred by manufacturing facilities.
b) Tax declaration
The company shall submit the tax
declaration where its headquarter is situated, the outstanding CIT is the total
CIT payable determined in declaration minus the provisional paid tax where its
headquarter and manufacturing facilities are situated. The CIT that is
refundable or payable must also be distributed according to the proportion paid
where the head office and manufacturing facilities are situated.
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a) The incomes from capital
transfer may be considered another other incomes. Any company that earns
incomes from capital transfer must determine and write the CIT on capital
transfer in the annual declaration forms.
Where the company sells part of
or the single-member limited liability, the ownership of which is represented
by an organization in the form of capital transfer together with real estate,
CIT shall be declared and paid quarterly at the tax authority where the
transfer is made (form 02/TNDN - Declaration of CIT on real estate transfer);
the annual declaration shall be submitted where the its headquarter is
situated.
b) CIT shall be declared
whenever it is incurred by any foreign organization that does business in
Vietnam or earns income in Vietnam (hereinafter referred to as foreign
contractor) from capital transfer but its operations do not comply with
regulations of the Law on Investment or the Law on Businesses.
The capital transferee shall determine, declare, deduct,
and pay the CIT payable on behalf of the foreign organization. If the
transferee is also a foreign organization that does not comply with the Law on
Investment and the Law on Enterprises, the company established under Vietnam’s
law in which capital is invested by that foreign organization must declare and
pay the CIT payable on behalf of the foreign organizations.
The tax declaration must be
submitted within 10 days from the day on which the competent authority approves
the capital transfer or the transfer date agreed by all parties in the transfer
contract (if the transfer is not subject to approval).
A declaration dossier consists
of:
- A declaration form of CIT on
capital transfer (using form No. 05/TNDN issued together with Circular No.
156/2013/TT-BTC);
- A photocopy of the transfer
contract. If the transfer contract is written in a foreign language, it must be
translated into Vietnamese, which contains at least the following information:
the transferor, the transferee, time of transfer, transfer contents; rights and
obligations of every party, contract value, deadline, method of payment and
currency.
- A photocopy of the decision on
approval for capital transfer made by a competent authority (if any);
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- Original legitimate documents
of expenditures.
If it is required to provide
additional documents, the tax authority must notify the transferee within the
day in which the dossier is received (if the dossier is submitted directly), or
within 03 days from the day on which the dossier is received (if the dossier is
sent by post or electronically).
Places: Tax declarations shall
be submitted to the tax authority where the foreign transferor applied for tax
registration.
8. Inspection of CIT terminal declarations
applied to the businesses performing division; consolidation; merger;
conversion; dissolution; or shut down.
8.1. The tax authority must inspect terminal tax
declaration of business within 15 working days, from the day on which relevant
documents on terminal tax declaration sent by the taxpayer is received in the
case prescribed in Point 8.2 of this Clause.
8.2. Cases of dissolution, or
shut down that tax authority is not required to make terminal tax declaration:
a) A business or an organization
that pay CIT according to rate(%) of revenue from sale of goods or services
prescribed in regulations of law on corporate income tax performing
dissolution, or shut down.
b) A business that is dissolved
or shut down, but it does not earn revenues and use invoices from the day on
which Certificate of Business registration or Certificate of Corporate
registration is granted up to the time of their dissolution, or shut down.
c) A business that pay CIT as
their declaration shall be dissolved, or shut down if they meet the following
requirements:
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- From the year in which the
terminal tax has not been declared or it has not been undergone any tax
inspection up to the time of its dissolution, or shut down, the business has
not been penalized for legal violations against tax evasion.
- The amount of CIT paid from
the year in which the terminal tax has not been declared or it has not been
undergone any tax inspection up to the time of its dissolution, or shut down is
more than the amount of CIT determined by the rate % of revenue from sale of
goods or services.
With regard to cases prescribed
in Point 8.2. a, b, and c, within 05 working days from the day on which
documents sent by the taxpayer are received (including decision on dissolution,
or shut down; documentary evidence that the taxpayers satisfy all requirements
and paid adequate taxes payable – if any), the tax authority shall certify that
the taxpayer finished his tax liabilities.
8.3. If a business that is
dissolved, or shut down does not satisfy the requirements prescribed in Point
8.2 of this Article, according to actual requirement, the supervisory tax
authority of the tax payer shall hire independent audit companies, tax agents
to inspect terminal tax declaration as prescribed in Article 18 of this
Circular”.
Article 17.
Point a shall be added to Article 12 of Circular No. 156/2013/TT-BTC as
follows:
“Article 12a. Quarter CIT
payment and annual tax declaration
According to business result,
the taxpayers shall make the payment of CIT in the quarter within 30 days of quarter
succeeding the quarter in which tax is incurred; they shall not submit the
provisional CIT declaration quarterly.
Every business that makes
financial statements quarterly as prescribed in regulations of law (such as
state-owned enterprises, businesses listed on securities market and other cases
as prescribed) shall determine the amount of CIT in each quarter according to
quarterly financial statements and regulations of law on taxation.
Every business that not required
to make the financial statements quarterly shall determine the amount of CIT in
each quarter according to paid CIT in previous years and estimated business
result in that year.
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If CIT paid quarterly is less
than CIT payable determined in declaration by 20% and the company pay taxes
later than regulated deadline (deadline for submitting annual tax declaration),
the late payment interest shall be charged from the deadline to actual paid
outstanding tax.
During an tax inspection
conducted by competent agencies after annual tax declaration of a company, if
it is found that the taxes payable is more than the declared taxes, the company
shall be charged late payment interest on the total taxes payable in excess
from the next day of deadline for submitting annual tax declaration to the
actual paid day.
Example 1: In the tax periods of
2014, Company A provisionally paid VND 80 million in CIT, when making the
annual declaration, CIT payable determined in declaration is VND 90 million, an
increase of VND 10 million; therefore the difference from CIT payable
determined by declaration and provisional CIT paid in the year is lower than
20%, as a result, the company shall only pay CIT payable of VND 10 million
after declaration to government budget in accordance with regulated time limit.
If the company pays this differential tax, its late payment interest shall be
charged as prescribed.
Example 2: Company B has fiscal
year which is the same as calendar year. In the tax periods of 2015, Company B
provisionally paid VND 80 million in CIT, when making the annual declaration,
CIT payable determined in declaration is VND 110 million, an increase of VND 30
million.
20% of tax payable determined in
declaration is: 110 x 20% = VND 22 million.
The difference portion of tax in
excess of 20% is: VND 30 million – VND 22 million = VND 8 million.
Therefore, company B must pay
the tax payable after declaration which is VND 30 million. Concurrently, the
company shall be charged late payment interest on portion of differential taxes
by 20% or above (VND 8 million) from the next day of deadline for paying taxes
in quarter IV of the company (from January 31, 2016) to the actual day paying
tax arrears compared with taxes payable determined in declaration. The
remaining differential tax (30 – 8 = VND 22 million) that the company pays
late, it shall be charged late payment interest from the next day of deadline
for submitting declaration (from April 1, 2016) to the actual tax payment day.
In 2017, during an tax
inspection at the company B, if the CIT payable of B inspected is VND 160
million by the tax authority (an increase in VND 50 million against CIT payable
determined in declaration), company B shall be penalized for the portion of tax
increase due to its violations against the laws on taxation as prescribed,
Where such VND 50 million shall be charged late payment interest as prescribed
(from April 1, 2016 to the actual payment day), and without separation of the
portion of taxes in excess of 20%.
Example 3: In the tax periods of
2014, Company C provisionally paid VND 80 million in CIT, when making the
annual declaration, CIT payable determined in declaration is VND 70 million,
the overpaid tax of VND 10 million shall be considered provisionally paid tax
of next year or claimed a tax refund as prescribed.
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“Article 12b. The
mechanism for hiring independent audit companies, tax agents by the tax
authority to inspect the companies being dissolved, or shut down for their
terminal tax declaration:
1. Rights and
responsibility for independent audit companies, or tax agents
1.1. When performing service
contract for tax declaration, an independent audit companies, or a tax agent
shall have rights below:
a) Performing tasks and
receiving remuneration according to the contract concluded with the tax
authority.
b) Requesting taxpayers to
provide satisfactory documents, materials and necessary information relating to
tax declaration according to the contract conclude with the tax authority.
1.2. Responsibility for
independent audit companies, or tax agents
a) Take legal responsibility for
result of provision of tax declaration services according to declaration of
taxpayers. During an inspection of tax declaration, if there is any error
related to taxes payable or refunded taxes, the independent audit company or
the tax agent must pay tax arrears, or the portion of refunded taxes in excess
to the government budget, and shall be penalized for violations against the
laws on taxation similarly to cases of violation committed by the taxpayer.
b) Provide the satisfactory
materials or documentary evidences for proving the accuracy of having tax
declaration audited at the request of tax administration agencies.
c) Keep secret about information
of taxpayers. If a taxpayer has adequate evidence that an independent audit
company, or a tax agent fails to fulfill its responsibility, and causes damage
to the taxpayer, he is entitled to request the tax authority to terminate the
service contract.
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a) Select and conclude a service
contract with an independent audit companies, or a tax agent.
b) Receive application for tax
declaration of taxpayers and send them to the independent audit companies, or
the tax agent.
c) Notify taxpayers of auditing
tax declaration conducted by the independent audit companies, or the tax agent.
d) Use their budget to pay the
independent audit companies, or the tax agents.
dd) Be entitled to unilaterally
terminate the contract in case the independent audit companies, or the tax
agent is inspected for violations against the contract.
3. The Director of the General
Department of Taxation shall issue regulations to guide tax authorities through
use of budget and budget sources paid the independent audit company, or the tax
agent according to service contract in order to audit terminal tax declaration
of companies being dissolved, or shut down".
Article 19.
Point a.3 Clause 1 Article 16 of Circular No. 156/2013/TT-BTC shall be
amended as follow:
“a.3) Payers of taxable incomes
shall declare and pay personal income tax (hereinafter referred to as PIT) on
behalf of the authorizing individuals, whether tax is deducted or not. If
payers do not pay any incomes, they shall not make PIT declaration.
In case the payers being
dissolved, or shut down pay incomes but PIT is not deducted, the payers shall
not declare PIT, but only provide the tax authorities with list of employers
being paid incomes in a year (if any) using form No. 25/DS-TNCN enclosed
herewith within 45 days from the day on which the decision on dissolution, or
shut down is made.
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“2. Declaration and payment of
corporate income taxes (CIT) on hydroelectric generation
Hydropower producers shall
declare and pay CIT in accordance with Article 16 and Article 17 of this
Circular.
Some cases of declaring and
paying CIT:
a) Every hydropower company that
keeps accounting records independently shall pay CIT in the province where
their headquarter is situated. If such company has affiliated hydropower producers
in other provinces, CIT shall be paid in the provinces where the headquarter
and the hydropower producers are located according to the laws on corporate
income taxes;
The hydropower producers
affiliated to EVN (including affiliated hydroelectric producers and affiliated
hydropower plants) that are located in other provinces than the head office of
EVN and the general companies, CIT shall be paid in the provinces where the
headquarter and the affiliated hydropower producers are located.
b) In case the hydropower plant
(having the turbines, hydroelectric dams, and primary facilities) spreads over
multiple provinces, the CIT incurred by the hydropower plant shall be paid to
provincial budgets in proportion to the investment in the provinces (having the
turbines, hydroelectric dams, and primary facilities) . The hydropower producer
shall send a table of CIT distribution to each province using form 02-1/TD-TNDN
enclosed herewith. The hydropower producer shall declare CIT in the
province where the headquarter is situated, then send a photocopy of the CIT
declaration using form No. 03/TNDN enclosed herewith, Appendix of CIT
calculation of companies having affiliated facilities using form No. 03-8/TNDN
issued together with Circular No. 156/2013/TT-BTC (if companies have affiliated
facilities) and Table of CIT distribution paid by hydropower producers to
provinces using form No. 02-1/TD-TNDN enclosed herewith to the tax
authorities to which CIT is distributed.
c) In case a hydropower producer
has multiple hydro plants, where there are plants located in provinces other
than the province in which the producer's head office located, if the expense
incurred by each hydropower plant of the hydroelectricity producer is not
determinable, the CIT to be paid in the province where the hydropower plant is
located equals (=) the CIT payable in the period multiplied by (x) the ratio of
generation of the plant to the total generation of the hydropower producer.
Article 21. Point
a and d Clause 1, Point c Clause 2 Article 31 of Circular No. 156/2013/TT-BTC
shall be amended as follow:
1. Point a and d Clause 1
of Article 31 shall be amended as follows:
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Property damage means the damage
to the taxpayer’s property that can be measured by money, such as: machinery,
equipment, supplies, goods, workshops, headquarter, cash, and valuable papers.
Accidents are the unexpected
incidents due to external causes that affect the taxpayer’s business, not
violations of law. Cases considered accidents including: traffic accidents;
occupational accidents; deadly diseases; infectious diseases during time and at
places that is announced infectious diseases by competent agencies; or other
force majeure events.
List of deadly diseases shall be
complied with corresponding regulations of law”.
“d) The taxpayer fails to pay
tax on time due to other difficulties.
Other difficulties include: the
main business line in which the taxpayer is operating is banned or suspended,
or temporarily suspended at the request of the competent authority (excluding
cases of being banned or suspended or temporarily suspended due to law
violations); the partner cancels or fails to pay in time under the signed
contract which leads to the business losses for the taxpayer due to one of the
following cases:
- Go bankrupt;
- Managers of companies
prescribed in regulations of the Law on businesses or owners of business
household suddenly die;
- Managers of companies
prescribed in regulations of the Law on businesses or owners of business
household are missing”.
2. Point c Clause 2 of
Article 31 shall be amended as follows:
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Example 41: On December 26,
2014, the tax authority receives a request for tax deferral from company D,
which is made on December 23, 2014 together with application for tax deferral,
in particular:
According to the investor’s
certification, the outstanding amount payable by government budget to the
taxpayer is VND 100 million. Company D is owes totally VND 250 million in tax,
including VND 60 million in VAT that is due on July 21, 2014, and VND 190
million in corporate CIT that is due on July 30, 2014.
If documents are satisfactory,
company D may defer totally VND 100 million in tax, including:
VND 60 million in VAT from
July 22, 2014 until July 21, 2016.
VND 40 million in CIT from July
31, 2014 until July 30, 2016.
The remaining VND 150 million
must be paid to government budget.
c.1) With regard to outstanding
tax permitted to be deferred for 01 year, if the taxpayer has been paid by
government budget and it is less than 02 years from the deadline when the
request for deferral is made, they shall be considered to be granted deferral
for another 1 year.
The taxpayers send written
request for tax deferral and certification of investors of outstanding capital
payable by the investors to taxpayers up to the day on which an application for
another tax deferral is made.
Example: The government budget
owes taxpayer A VND 100 million, A owes VND 100 million in VAT, and this outstanding
tax shall be due on May 20, 2013.
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On November 26, 2014, the
government budget has not pay VND 100 million to A and A request for tax
deferral to the tax authority. 60 million VND in VAT shall be deferred until
May 20, 2015.”
c.2) If the government budget
repays the investment of infrastructural development during the deferral
period, the taxpayer shall pay tax right after the date of payment. In
particular:
- If repaid investment is equal
to or higher than the amount of deferred tax, the taxpayer shall immediately
pay the deferred tax to government budget.
- If repaid investment is
smaller than the amount of deferred tax, the taxpayer shall immediately pay an
amount tax equal to the repaid investment
The taxpayer may choose to pay
one of the deferred taxes in part or in full.
The remaining outstanding tax
shall be deferred until the end of the deferral period, or until investment is
repaid by government budget during the deferral period.
c.3) If the competent authority
finds that the taxpayer does not pay the deferred tax when investment is repaid
by government budget, a late payment interest on the deferred tax shall be
charged from the day succeeding the date of payment as prescribed in Article 34
of Circular No. 156/2013/TT-BTC.”
Chapter V
IMPLEMENTATION
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This Circular shall come into
effect from November 15, 2014.
Except that regulations in
Chapter I of this Circular shall be applied to the corporate income tax from
2014.
Article 23.
Replacement of terms and forms below:
1. Replacement of
“Industrial zones in the administrative divisions of urban districts of special
class cities, class I cities affiliated to the central and industrial zones in
the administrative divisions of class I cities affiliated to provinces"
prescribed in Circular No. 78/2014/TT-BTC with terms “Industrial zones in the
administrative divisions of special class cities, class I cities affiliated to
the central and class I cities affiliated to provinces, not including aforesaid
districts converted from towns from January 1, 2009".
2. Replacements of Form
No. 02/TNDN, 03/TNDN, 03-5/TNDN, 04/TNDN, 02-1/TD-TNDN enclosed with Circular
No. 156/2013/TT-BTC with new equivalent Form enclosed herewith.
Article 24. Temporarily,
CIT shall not been collected (including cases in which a Decision on handling
with tax collection is granted, or businesses are undergone complaints
handling) applied to facilities involved in private sectors such as education,
vocational training, heath, culture, sport, or environment but have not
satisfied with the List of types, scale, or standards applied to facilities
involved in private sectors such as education, vocational training, heath,
culture, sport, or environment prescribed in regulations of the Prime Minister
until new guiding documents of regulatory agencies are granted.
Article 25. Implementation
1. People’s Committees of provinces shall direct
regulatory agencies to implement regulations of the Government and guidance of
the Ministry of Finance.
2. The tax authorities are responsible for providing
guidance for organizations or individuals to implement regulations of this
Circular.
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Difficulties that arise during the implementation of
this Circular should be reported to the Ministry of Finance for
consideration./.
PP.
MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan
FILE ATTACHED
