MINISTRY OF FINANCE
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No. 119/2014/TT-BTC
|
Hanoi, August 25, 2014
|
CIRCULAR
AMENDMENTS TO SOME ARTICLES OF
CIRCULAR NO. 156/2013/TT-BTC DATED NOVEMBER 06, 2013, CIRCULAR NO.
111/2013/TT-BTC DATED AUGUST 15, 2013, CIRCULAR NO. 219/2013/TT-BTC DATED
DECEMBER 31, 2013, CIRCULAR NO. 08/2013/TT-BTC DATED JANUARY 10, 2013, CIRCULAR
NO. 85/2011/TT-BTC DATED JUNE 17, 2011, CIRCULAR NO. 39/2014/TT-BTC DATED MARCH
31, 2014, AND CIRCULAR NO. 78/2014/TT-BTC DATED JUNE 18, 2014 OF THE MINISTRY
OF FINANCE IN ORDER TO SIMPLIFY TAX FORMALITIES
Pursuant to the Law
on Tax administration No. 78/2006/QH11 dated November 29, 2006 and the Law No.
21/2012/QH13 dated November 20, 2012v on amendments to the Law on Tax
administration;
Pursuant to the Law
on Value-added tax No. 13/2008/QH12 dated June 03, 2008 and the Law No.
31/2013/QH13 dated June 19, 2013 on amendments to the Law on Value-added tax;
Pursuant
to the Decree No. 83/2013/NĐ-CP dated June 22, 2013 on guidelines for the Law
on Tax administration and the Law on the amendments to the Law on Tax
administration;
Pursuant
to the Government's Decree No. 209/2013/NĐ-CP dated December 18, 2013 on
guidelines for the Law on Value-added tax;
Pursuant
to the Government's Decree No. 51/2010/NĐ-CP dated May 14, 2010 on sale
invoices and the Government's Decree No. 04/2014/NĐ-CP dated January 17, 2014
on amendments to Decree No. 51/2010/NĐ-CP dated May 14, 2010;
Pursuant
to the Government's Decree No. 218/2013/NĐ-CP dated December 26, 2013 on
guidelines for the Law on Corporate income tax;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
At the request of the
Director of the General Department of Taxation,
For the purpose of
simplification of tax formalities, the Minister of Finance hereby introduces
the amendments below:
Article
1. Circular No. 156/2013/TT-BTC dated November 06, 2013 on guidelines for the
Law on Tax administration and the Law on amendments to the Law on Tax
administration and the Decree No. 83/2013/NĐ-CP is amended as follows:
1. The forms below are enclosed with this Circular:
a) VAT declaration form for taxpayers that declare VAT using
credit-invoice method (form 01/GTGT), which replaces form 01/GTGT enclosed with
Circular No. 156/2013/TT-BTC dated November 06, 2013 of the Ministry of
Finance.
b) List of invoices for sold goods/services (form 01-1/GTGT),
which replaces form 01-1/GTGT enclosed with Circular No. 156/2013/TT-BTC dated
November 06, 2013 of the Ministry of Finance.
c) List of invoices for purchased goods/services (form
01-2/GTGT), which replaces form 01-2/GTGT enclosed with Circular No.
156/2013/TT-BTC dated November 06, 2013 of the Ministry of Finance.
d) VAT declaration form for taxpayers who trade in or craft
gold, silver, and gemstones (form 03/GTGT), which replaces form No. 03/GTGT enclosed
with Circular No. 156/2013/TT-BTC dated November 06, 2013 of the Ministry of
Finance.
dd) List of invoices
for sold goods/services (form 04-1/GTGT), which replaces form 04-1/GTGT
enclosed with Circular No. 156/2013/TT-BTC dated November 06, 2013 of the
Ministry of Finance.
...
...
...
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
g) Personal income tax declaration form for individuals
earning incomes from real estate transfer; inheritance or offer of real estate
(form 11/KK-TNCN), which replaces form No. 11/KK-TNCNenclosed with Circular No.
156/2013/TT-BTC dated November 06, 2013 of the Ministry of Finance.
2. Point b Clause 3 Article 11 of Circular 156/2013/TT-BTC is
amended as follows:
“b) Monthly and
quarterly VAT declaration applying credit-invoice method:
- The VAT declaration
form shall be made in accordance with form 01/GTGT is enclosed herewith;
- The list of purchased
goods and services shall be compiled in accordance with form 01-1/GTGT enclosed
herewith;
- A list of invoices
proof of purchased goods/services using form 01-2/GTGT enclosed herewith;
- The statement of
paid VAT on revenue from external business shall be made using form 01-5/GTGT
enclosed herewith.
- The table of VAT
distribution between the head office and the affiliates that do not keep
accounting records (if any) shall be made in accordance with form 01-6/GTGT
enclosed herewith.
3. Points a, d, dd, and e Clause 8 Article 11 of Circular
156/2013/TT-BTC is amended 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
“a) Declaring VAT on
agent business
- Any taxpayer that is
a agent selling goods/services or purchasing goods at fixed prices to earn
commissions is not required to declare VAT on such goods and services, but
shall be required to declare VAT on the commission earned.
- In other forms of agent business, the taxpayer must declare
VAT on the goods/services sold, purchased by the agent, and the commission
earned by the agent.
b) Point d, dd, e Clause 8 Article 11 is amended as follows:
“d) Payers of tax on
finance lease are not required to submit the declaration of VAT on finance
lease. The taxpayer must declare tax on the assets leased by other units under
a lease purchase contract.
dd) Declaration tax
incurred by authorized exporters and importers:
Any taxpayer entrusted
to export, import goods is not required to declare VAT on the entrusted exports
and imports (if the entrustment contract does not delegate tax obligation to
the entrusted party), and shall declare VAT on the payment for entrustment.
e) In some cases, the
list of purchased and sold goods/services enclosed with the tax declaration
shall be compiled as follows:
- The revenue from
direct retail of goods and services such as: electricity, water, gasoline, oil,
postal and telecommunications services, hotel services, food and drink
services, passenger transport, gold, silver, gemstones, goods that are not
subject to VAT, other goods and services shall be declared as a total revenue
instead of declaring revenue on each invoice separately.
...
...
...
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
- Affiliates of a bank
in the same locality shall make and send the lists of purchased and sold
goods/services to the head office. When making the list of purchased and sold
goods/services, the headquarter shall only aggregate the lists sent by the
affiliates”.
c) Clause 12 Article 11 of Circular No. 156/2013/TT-BTC is
annulled.
4. Article 16 of Circular 156/2013/TT-BTC is amended as
follows:
a) Point b.2.1 Clause 2 Article 16 is amended as follows:
“b.2) Terminal
declaration dossier
b.2.1) The individuals
earning income from wages, insurance agents, lottery agents, or multi-level
marketing that directly submit the terminal declarations shall use the forms below:
- Terminal declaration
form 09/KK-TNCN enclosed herewith.
- Appendix form
09-1/PL-TNCN enclosed herewith.
- Appendix form
09-3/PL-TNCN enclosed herewith if deductions for dependants is claimed.
...
...
...
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
- Photocopies of
documents proving the amount of tax deducted, paid in the year, or paid
overseas (if any). The individual is responsible for the accuracy of such
documents. If the income-paying organization does not provide proof of tax
deduction because it has shut down, the tax authority shall process terminal
tax declarations of individuals without proof of tax deduction based on the tax
database.
If the foreign tax
authority does not verify tax payment according to their jurisdiction, the
taxpayer may submit a photocopy of the Certificate of tax deduction (specifying
the tax declaration number) issued by the income payer, or a photocopy of a
banking notice of tax payment overseas, which is certified by the taxpayer.
- Photocopies of
invoices proving the contributions to charitable funds, humanitarian funds, or
scholarship funds (if any).
- If a individual
receives income from a international organization, embassy, consulate, and
receives income from abroad, it is required to have documents proving or
certifying the amount of money paid by the foreign income payer, enclosed with
a Certification of annual income (form 20/TXN-TNCN enclosed herewith).
b) The first “+" of the second “-“ of Point c.2.1 Clause
2 Article 16 are amended as follows:
"- The
individuals earning income from two wage payers and declare tax themselves
shall submit the terminal tax declaration as follows:
+ The terminal
declaration shall be submitted to the supervisory tax authority of the income
payer with whom personal deductions for the individual taxpayer are registered.
If the individual changes the workplace in the year and claims personal
deductions, the terminal tax declaration shall be submitted to the supervisory
tax authority of the last income payer. If the individual changes the workplace
in the year without claiming personal deductions, the terminal declaration
shall be submitted to the Sub-department of taxation where the individual
resides (whether temporarily or permanently).”
c) Point b.1 Clause 6 Article 16 is amended as follows:
“b) Tax declaration
dossier and application for tax exemption
...
...
...
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 inheritance or
gift of real estate is received by a group of individuals and put under a
co-ownership, the representative of the group shall declare tax and the other
individuals shall append their signatures on the declaration (instead of each
individual among which having to file separate a tax declaration). The tax
authority shall determine the tax liability of each recipient of the
inheritance or gift according to the declaration.”
d) Point c Clause 6 Article 16 is amended as follows:
c) Places to submit
tax declarations
- The recipient of
inheritance of gift that is real estate (including future constructions) shall
submit a tax declaration in accordance with Point c Clause 3 of this Article.
- The recipient of
inheritance of gift that is securities or capital contribution shall submit tax
declarations to the supervisory tax authority of the securities issuer or the
company to which capital is contributed. If an individual receives an
inheritance or gift that consists of multiple types of securities or capital
contributions, the tax declaration shall be submitted to the Sub-department of
taxation where the individual resides (whether temporarily or permanently).
- Recipients of
inheritance and gifts that are other assets shall submit tax declarations to
the tax authorities where declarations of registration fees are submitted.
5. Point b Clause 1
Article 19 of Circular No. 156/2013/TT-BTC is amended as follows:
b) For real estate, a declaration dossier
consists of:
- The declaration form 01/LPTB enclosed
herewith.
...
...
...
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
- Documents about property transfer between the
transferor and the transferee.
- Papers proving the eligibility of the property
or property owner for exemption from registration fee (if any).
If the inheritance or gift is real estate, the
declaration form No. 01/LPTB mentioned above may be omitted from the dossier.
The tax authority shall calculate the registration fee payable by the property
owner according to the declaration of personal income tax (form No. 11/KK-TNCN)
and issue a notification using form No. 01-1/LPTB enclosed herewith".
6. The second, third, and forth paragraphs of Clause 11
Article 21 of Circular No. 156/2013/TT-BTC is amended as follows:
“When a household paying flat tax is granted tax
exemption or tax reduction because of a business suspension, tax payable shall
be determined as follows:
If the taxpayer
suspends the business for a full month (from the 1st to the last day
of the month) or longer shall have the amount tax payable in the quarter
reduced by 1/3. Similarly, tax payable in the quarter shall be reduced by 2/3
if the business is suspended for 02 consecutive full months, and tax payable in
the quarter shall be exempt in full if the business is suspended for the whole
quarter. If taxpayer does not suspend the business for the full month, no tax
reduction shall be given.
If the taxpayer keeps
running the business during the suspension period, tax shall be paid as
requested by the tax authority.”
7. Article 22 of Circular No. 156/2013/TT-BTC is amended as
follows:
a) Clause 1 Article 22 is amended 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
Any household or
individual who leases out their property (hereinafter referred to as the
lessor) must declare and pay VAT, personal income tax, and license tax as
requested by the tax authority.
If the income a
household or individual earns from the property lease in a year is VND 100
million or less, or the monthly rent in the year is VND 8.4 million or less, it
is not required to declare and pay VAT or personal income tax, and the tax
authority shall not issue separate invoices in this case”
b) Point b Clause 5 Article 22 of Circular No. 156/2013/TT-BTC
is amended as follows:
“5. Deadlines for
paying tax
...
b) If tax is declared
whenever a contract is signed, the deadline for submitting the tax declaration
is also the deadline for paying tax”.
8. 6th, 7th,
8th, and 9th paragraphs of Clause 3 Article 28 22 of
Circular No. 156/2013/TT-BTC are amended as follows:
Each State Treasury
shall cooperate with the tax authority at the same level in deducting VAT on
local fundamental works funded by government budget, and record the deducted
VAT as government revenues as follows:
Deducted VAT shall be
recorded in the budget of the province where the fundamental work is located.
...
...
...
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 a work extends over
more than one district, deducted VAT shall be included to the budget of each of
the district in proportion with the revenue each province earns from the work,
provided such revenue can be determined. If the revenue each province earns
from the work cannot be determined, the investor shall determine the proportion
of revenue earned in each district and submit a report to the State Treasury in
order to deduct VAT. If the investor fails to determine proportion of revenue
in each district, the Director of the Provincial Department of Taxation shall
consider making a decision."
9. Clause 2 Article 29 of Circular No. 156/2013/TT-BTC is
annulled.
Article
2. Amendments to paragraphs 1, 2, 3, 4 Article 1 of Circular 111/2013/TT-BTC
dated August 15, 2013 of the Ministry of Finance providing guidelines for
implementation of the Law on Personal income tax, the Law on amendments to the
Law on Personal income tax, and the Government's Decree No. 65/2013/NĐ-CP:
“Article 1.
Taxpayers
Taxpayers being
residents and non-residents mentioned in Article 2 of the Law on Personal
income tax, Article 2 of the Government's Decree No. 65/2013/NĐ-CP dated June
27, 2013 on guidelines for the Law on Personal income tax and the Law on
amendments to the Law on Personal income tax (hereinafter referred to as Decree
No. 65/2013/NĐ-CP) who earn taxable income as prescribed in Article 3 of the
Law on Personal income tax and Article 3 of Decree No. 65/2013/NĐ-CP.
Taxable income is
determined as follows:
Taxable income earned
by a resident is the income earned within and beyond Vietnam’s territory
regardless of the place where income is paid;
Any individual who is
a citizen of a country or territory that has entered into an agreement on
double taxation and prevention of tax avoidance with Vietnam, and also a
resident in Vietnam shall calculate personal income tax from the month that
individual arrives at Vietnam (if the individual goes to Vietnam for the first
time) to the month in which the labor contract expires and the individual
leaves Vietnam without following procedures for consular certification to avoid
double taxation according to the double taxation agreement between the two
countries.
Taxable income of a
non-resident is income earned in Vietnam, regardless of the place where income
is paid and received"
...
...
...
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. Point g Clause 7 Article 5 of Circular No. 219/2013/TT-BTC
is amended as follows:
“g) The business
establishment is not required to pay VAT on re-import of exported goods
returned by the foreign buyer. VAT on returned domestic goods shall still be
declared and paid as prescribed”.
2. Clause 4 Article 7 of Circular No. 219/2013/TT-BTC is
amended as follows:
“4. Taxable prices for
goods/services meant for internal use.
Goods internally
circulated as supplies or semi-finished products serving the operation of a
manufacturing or business establishment are exempt from VAT.
When a business establishment
creates its own fixed assets (self-created) to serve the manufacture or sale of
goods subject to VAT, the business establishment is not required to issue
invoices when such fixed assets are completed and approved. Input VAT on
self-created fixed assets shall be declared and deducted as prescribed.
When machinery,
equipment, supplies, or goods are delivered as a loan, borrowing, or repayment,
the business establishment is not required to issue invoices and pay VAT,
provided contracts and relevant proof of payment are available.
Example 24: Unit A is
a manufacturer of electric fans. Unit A installs 50 of these fans in its
workshops to server its business operation. Unit A is not required to pay VAT
on these 50 electric fans.
Example 25: Facility B
has a weaving workshop and a tailoring workshop. Facility B delivers finished
thread from the weaving workshop to the tailoring workshop to proceed the
manufacture. Facility B is not required to calculate and pay VAT on the thread
delivered to the tailoring workshop.
...
...
...
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 27: Company Y
is a company that produces bottled water. The VAT-exclusive price for a bottle
on the market is VND 4,000. When company Y uses 300 bottles during its meeting,
VAT shall not be paid.
Example 28: Company Y
is a company that produces bottled water. The VAT-exclusive price for a bottle
on the market is VND 4,000. Company Y delivers 300 bottles for purposes other
than business purposes, company Y must declare and calculate VAT on these 300
bottles. The taxable price is VND 4,000 x 300 = VND 1,200,000.
When a business
establishment using internal goods/services for business such as transport,
aviation, rail transport, postal services and telecommunications, it is not
required to calculated output VAT. The business establishment must issue
written regulations on the types and quantity of goods/services used
internally.”
3. Clause 3 and Clause 4 Article 12 of Circular No.
219/2013/TT-BTC are amended as follows:
“3. Business
establishments that voluntarily apply credit-invoice method include:
a) Any company or
cooperative that earns an annual revenue of below VND 1 billion from selling
goods or providing services subject to VAT and adhere to regulations on
bookkeeping and invoicing.
b) Any new company
derived from a project of a business establishment that pays VAT using
credit-invoice method.
Any new company that
is making investment in a project approved by a competent authority and
voluntarily applies credit-invoice method.
Any new company or
cooperative that has a project, which is not approved by a competent authority,
an investment plan approved by a competent person of the company, and
voluntarily applies credit-invoice method.
...
...
...
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
d) Any foreign entity doing business in Vietnam
under a main contract or subcontract.
dd) Any business
organization that can separate input VAT from output VAT, excluding companies
and cooperatives.
Every company and
cooperative mentioned in Point a of this Clause must send a notification of the
applied VAT accounting method to the supervisory tax authority by December 20
of the year preceding the year in which the tax accounting method ix changed.
Every business
establishment mentioned in Point b and Point c of this Clause must send a
notification of the applied VAT accounting method to its supervisory tax
authority. When sending the notification of applied VAT accounting method to
the supervisory tax authority, the taxpayer is not required to send proving
documents such as the project of investment approved by a competent authority,
the investment plan approved by a competent person of the company, invoices,
receipts for capital contribution, or the premises lease contract. The taxpayer
shall keep and present those documents at the request of the tax authority. If
a new business establishment that just operated from January 01, 2014, who is
not eligible to apply credit-invoice method as prescribed in Point b and Point
c Clause 3 Article 12 of Circular No. 219/2013/TT-BTC, satisfies the
requirements mentioned in Point b and Point c of this Clause, they may apply
credit-invoice method as prescribed in Point b and Point c Clause 3 Article 12
of this Circular.
Every business
establishment in Point d of this Clause must send a notification of the applied
VAT accounting method to its supervisory tax authority.
The companies and
cooperatives mentioned in Point a of this Clause must send a notification of
the VAT accounting method to the supervisory tax authority by December 20 of
the year preceding the year in which the tax accounting method ix changed.
Within 05 working days
from the receipt of the notification credit-invoice method application, the tax
authority shall notify the taxpayer (in writing) that whether the application
of credit-invoice method is approved or not.
4. Other cases:
a) If a business
establishment trades in jewelry, it must separate revenue from this operation
and apply direct method to pay VAT thereon in accordance with Article 13 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
c) Any new company or
cooperative that is not mentioned in Clause 3 of this Article shall apply the
direct method prescribed in Article 13 of this Circular.
d) At the end of the
first calendar year from its inauguration date, if the company or cooperative
earns a revenue of VND 1 billion or above and adheres to regulations on
bookkeeping and accounting, credit-invoice method shall be applied; If the
company or cooperative fails to earn a revenue of VND 1 billion but still
adheres to regulations on bookkeeping and accounting, it may request permission
to apply credit-invoice method as instructed in Point a Clause 3 of this
Article. After the first calendar year from the inauguration date, the company
or cooperative shall apply the same tax accounting method within 02 consecutive
years.
Example 53: Company X
is established and inaugurates in April 2014. It applies direct method to calculate
VAT in the tax periods of 2014. At the end of the tax period of November 2014,
company X determines its revenue as follows:
The total revenue on
the VAT declarations from April to November 2014 is divided by (:) 8 months,
then multiplied by (x) 12 months.
If the revenue
determined is VND 1 billion or above, company X may apply credit-invoice method
from January 01, 2015 until the end of 2016. If the revenue determined is below
VND 1 billion but company X adheres to regulations on bookkeeping and invoicing,
company X may request permission to apply credit-invoice method as instructed
in Clause 3 of this Article. If company X wishes to keep applying
credit-invoice method, it shall apply credit-invoice method in 2015 and 2016.”
4. Clause 1 Article 13 of Circular No. 219/2013/TT-BTC is
amended as follows:
“1. VAT payable equals
(=) value added multiplied by (x) VAT rate on jewelry trading.
Value added of jewelry
equals (=) its selling price minus its buying price.
The selling price of
jewelry is the price written on the invoice, inclusive of crafting cost, VAT,
and surcharges to which the seller is entitled.
...
...
...
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
In the tax period, any
negative value added of jewelry shall be offset against its positive value
added. If the positive value added is not available or not sufficient to
completely offset against the negative value added, the negative value added
shall transferred to the next period in the same year. At the end of the
calendar year, any residual negative value added shall not be transferred to
the next year”.
5. Example 58a is added to Clause 4 Article 14 of Circular
No. 219/2013/TT-BTC:
“Example 58a: Company
A invests in a raising zone and a factory to create a closed manufacture
process from raising (including the lease of a raising zone in which the
breeds, ponds, fences, irrigation system, ships, animal feeds, veterinary
medicines, veterinary services, etc. are invested in by Company A) to
processing pangasius fish fillets serving both the export and domestic markets.
During the manufacture process, company A has bought pangasius fish from other
companies and farmer households. Pangasius fish bought externally are gathered
at company A’s ponds where company A’s pangasius fish are raised before being
brought into the factory. Pangasius fish raised by the company and pangasius
fish bought externally are processed into fish fillets in the factory. Company
A shall declare VAT as follows:
- Company A may deduct
the whole input VAT on fixed assets and purchased goods/services that are not
fixed assets serving the preparation of pangasius processing.
- Exported fillets of
pangasius fish raised by company A shall apply 0% tax. Company may deduct input
VAT on export of pangasius fillets in full. Trường hợp doanh nghiệp nuôi cá tra
sau đó chế biến thành cá tra phi-lê vừa để xuất khẩu vừa để bán trong nước thì
thuế GTGT đầu vào được phân bổ theo tỷ lệ % doanh thu xuất khẩu/Tổng Doanh thu
(doanh thu xuất khẩu và doanh thu bán trong nước).”
6. Article 15 of Circular No. 219/2013/TT-BTC is amended as
follows:
a) The first paragraph of Point c Clause 3 Article 15 is
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 establishment shall
declare 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 (or before December 31 if payment is due before December
31), the business establishment may declare and deduct input VAT”.
b) Clause 3 Article 15 is amended 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
c) Point c Clause 4 Article 15 is amended as follows:
“c) If a third party
is authorized to receive the payment for purchases by bank transfer (including
the case in which the seller requests the buyer to wire the payment to a third
party appointed by the seller), this authorization must be agreed in the
contract, and the third party must be a lawful legal person or a natural person
After the payment is
made this way, if the remaining value that is paid in cash is 20 million VND or
more, tax shall only be deducted if bank transfer receipts are provided”.
7. Clause 4 Article 16 of Circular No. 219/2013/TT-BTC is
amended as follows:
“Commercial invoice.
The day to determine revenue from export to calculate tax is the day on which
customs procedure completion is confirmed on the customs declaration”.
Article
4. Replacement of deposit form C1-02/NS and C1-03/NS in appendices of Decision
No. 759/QĐ-BTC dated April 16, 2013 of the Ministry of Finance and tax
declaration form No. 01/BKNT enclosed with Circular No. 85/2011/TT-BTC dated
June 17, 2011 of the Ministry of Finance:
The forms below are
enclosed with this Circular:
1. Deposit form C1-02/NS and C1-03/NS replace the forms in
Decision No. 759/QĐ-BTC dated April 16, 2013 of the Ministry of Finance.
2. Tax declaration form No. 01/BKNT replaces form No. 01/BKNT
enclosed with Circular No. 85/2011/TT-BTC dated June 17, 2011 of the Ministry
of Finance.
...
...
...
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. The Clause
2 Article 3 of the Circular No. 39/2014/TT-BTC shall be amended as follows:
“2.
Types of invoices:
a) Organizations shall
declare and calculate the VAT by the credit-invoice method using the VAT
invoices (form No. 3.1 in Appendix 3 and form No. 5.1 in Appendix 5 enclosed
herewith) when:
- Selling goods and
providing services in Vietnam;
- Providing
international transportation services;
- Exporting goods to
the free trade zones and other cases considered export;
b) Sales invoices are
used by:
- Entities that
declare and calculate VAT using direct method when selling goods and providing
services in Vietnam or exporting them to free trade zones, and other cases
considered export (form No. 3.2 in Appendix 3 and form No. 5.2 in Appendix 5
enclosed herewith).
- Entities in free
trade zones when selling goods and providing services in Vietnam and selling
goods and providing services for other entities in the free trade zone. In this
case, the invoices must specify “Dành cho tổ chức, cá nhân trong khu phi thuế
quan” (For entities in free trade zones) (form No. 5.3 in Appendix 5 enclosed
herewith).
...
...
...
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
- Company A, who
declares VAT using credit-invoice method, sells goods in Vietnam and
concurrently exports goods. Company A. Company A shall use VAT invoices for
goods sold in Vietnam and shall not be required to issue VAT invoices for
exported goods.
- Company B, who declares VAT using credit-invoice method,
sells goods to both domestic entities and entities in free trade zone. Company
B shall use VAT invoices for goods sold in Vietnam and goods sold to the free
trade zone.
- Company C is an
export processing company that sells goods in Vietnam and export goods, thus
company C shall use sales invoices specifying “Dành cho tổ chức, cá nhân trong
khu phi thuế quan” (For entities in free trade zones) for goods sold in
Vietnam; Company C is not required to issue invoices for exporting goods.
- Company D, who
declares VAT using direct method, shall use sales invoices when selling goods
and providing services in Vietnam and for the free trade zone. Company D shall
not be required to make sales invoices for exporting goods.
c) Other invoices
include stamps, tickets, cards, receipts for insurance premium, etc.
d) Air freight
receipts, receipt for international transport charges, receipts for banking
service charges shall be issued in conformity with international practice and
relevant laws.
2. Article 4 of the Circular No. 39/2014/TT-BTC is amended as follows:
a) Point g
Clause 1 Article 4 of the Circular No. 39/2014/TT-BTC shall be amended as
follows:
“g)
Names of goods and services; units, quantity, unit prices of goods and
services; amount must be written in numbers and words. If a company uses the
accounting software in conformity with the software system of the parent
company which is a multinational corporation, the units shall be written in
English in the same way as the software system of such corporation.”
...
...
...
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)
Traders may create, publish, and use invoices without buyers' signatures or the
seller’s seal in case of: electricity bills, water bills, telephone bills,
banking service bills that are self-printed as prescribed in this Circular.
It is unnecessary to
write the unit on the invoices for service provision”.
3. Article 16 of the Circular No. 39/2014/TT-BTC shall be
amended as follows:
a) Point b and point c in Clause 1 Article 16 shall be amended
as follows:
“b)
Sellers must issue invoices for goods and services, including those used for
trade promotion, advertising and as samples; goods and services used for
donation, exchange, or paid as salaries for employees and those that are used
internally (except for goods circulated internally to proceed production).
Information on
invoices must matches the actual transactions; no erasure and change is
allowed; the ink used must be consistent in color and indelible; do not use red
ink; numbers and text must be written continuously without interruption; do not
write or print on printed text; any blank space shall be crossed out. It is not
required to cross out blank space on self-printed invoices or ordered invoice
made by computers.
c)
An invoice consists of multiple copies. Information on copies of the same
invoice number must be consistent.
The
copy 1 of any electricity
bill, water bill, telephone bill, banking service bill, transport bill, stamp,
card, ticket and other cases in accordance with instructions of the Ministry of
Finance shall be replaced by a list of invoices that are actually made. Information about each customer invoice shall be written
in one line of the List (as prescribed in the model invoice) that is sent
together with the notice of invoice issuance to the supervisory tax authority.
Each List must be made
monthly and printed in paper or stored in electronic devices (such as memory
sticks, CDs, DVDs, hard disks). Every list shall be maintained and stored
according to current regulations on maintenance and storage of accounting
documents. Each written list must include the name and signature of the maker;
name and signature of the head of the unit and seal of the unit. Each list that
is stored by the electronic devices must bear the electronic signature of the
division and can be accessed and printed if necessary. Every division must be
responsible for the accuracy and sufficiency of the information on the lists
and storage of such lists in order to provide them for the tax authorities and
other functional agencies when requested".
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The 2nd paragraph in Article 27 of the Circular
No. 39/2014/TT-BTC shall be amended as
follows:
“ Any enterprise using
self-printed invoices or ordered invoices that commits any violation must not
use such invoices. Any enterprise facing high risk of tax and buying invoices
from the tax authorities as prescribed in Article 11 this Circular shall submit
monthly Report on use of invoices”
Article
6. Amendments to Circular No. 78/2014/TT-BTC dated June 18, 2014 of Ministry of
Finance providing guidance on Decree No. 218/2013/NĐ-CP dated December 26, 2013
of Government providing guidance on the Law on Enterprise income tax:
1. The Point b Clause 3 Article 5 of the Circular No.
78/2014/TT-BTC shall be amended as follows:
“b) For goods and
services used for exchange (excluding the goods and services used for
sustaining production and business operation), it shall be determined according
to the selling prices of products, goods or services of the same or similar
categories on the market at the time of exchange;
Example: Company A
produces automotive parts and assembles automobiles. If company A uses the
tires it produces for display, product introduction, or assembling automobiles,
the value of such tires shall not be included in the assessable income.
Example. Company B
produces computers. The value of computers that Company B produces and provides
for its employees to work at that company shall not be included in assessable
income”.
2. Clause 1 Article 6 of the Circular No. 78/2014/TT-BTC
shall be amended as follows:
“1. Except for the
expenses prescribed in Clause 2 this Article, every expense incurred by the
enterprise shall be deducted if all of these following requirements are
satisfied:
...
...
...
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) There are
sufficient valid invoices for and proof of the expenses under the regulations
of the law.
c)
There is proof of non-cash payment for each invoice for goods and services of
at least VND 20 million (including VAT).
The proof of non-cash
payment must comply with regulations of law on VAT.
In case of any invoice
for goods and services that are worth at least VND 20 million but has not been
settled and had the proof of non-cash payment at the time the expenses are
recorded, the taxpayer may include such purchase in deductible expenses when
determining taxable income. If enterprises have proof of non-cash payment for
such payment, they shall make a declaration and reduce expenses proportional to
the value of goods or services without proof of non-cash payment in the tax
period in which the enterprises makes the cash payment (even when tax
authorities and other authorities have issued Decision on inspection of the tax
period in which such expenses arise).
The invoices for goods
and services paid in cash arising before the effective date of this Circular
shall not be adjusted under the regulations of this Point.
Article 7: In August
2014, company A bought goods with an invoice for VND 30 million but company A
has not paid for it. In the tax period in 2014, company A has included such
purchase in the deductible expenses when determining the taxable income
proportional to the value of such goods. In 2015, company A pays for such
purchase in cash so the company A must make a declaration and reduce expenses
proportional to the value of such goods in the tax period in which such cash
payment is made (the tax period in 2015).
If any enterprise
purchases the goods and services related to the production and business
operation of that enterprise and the invoice is printed by the cash register
under the regulations of the law on invoices; the enterprise shall include such
purchase in the deductible expenses according to such invoice and proof of
non-cash payment when determining taxable income, provided that the value of
such invoice is at least VND 20 million.
If any enterprise
purchases the goods and services related to the production and business
operation of that enterprise and the invoice is printed by the cash register
under the regulations of the law on invoices; the enterprise shall include such
purchase in the deductible expenses according to such invoice and proof cash
payment when determining taxable income, provided that the value of such
invoice is less than VND 20 million and such invoice is settled in cash.”
3. Point dd Clause 1 Article 19 of the Circular No.
78/2014/TT-BTC shall be amended 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
- A project with
capital of at least VND 06 trillion, which is disbursed within 03 years from
the issuance of the Investment certificate, has a total revenue of at least 10
trillion per year within 03 years from the first year in which revenue is
earned ( within 04 years from the first year in which the enterprise revenue is
earned, its total turnover must reach at least VND 10 trillion per year)
- A project with a
capital of at least VND 6 trillion, which is disbursed within 03 years from the
issuance of the Investment certificate, employs more than 3,000 employees
within 03 years from the first year in which revenue is earned (within 04 years
from the first year in which revenue is earned, the average number of regular
employees employed each year must be over 3,000).
The employees prescribed
in this Point are those signing fulltime labor contracts (excluding the
part-time employees and the employees signing short-term contracts (less than
one year).
The average number of
regular employees shall be determined according to the instructions in the
Circular No. 40/2009/TT-BLĐTBXH of the Ministry of Labor, War Invalids and
Social Affairs dated December 03, 2009.
In case their
investment projects fail to satisfy the requirements prescribed in this Point
(except for those with behind-schedule progress due to objective issues that
arise during site clearance, following administrative procedures of the
competent authorities, natural disasters, enemy sabotage or fire and that are
approved by the authorities issuing Investment certificate and reported to the
Prime Minister for approval) the enterprises shall not eligible for enterprise
income tax incentives and shall declare and pay enterprise income tax amounts
declared for enjoyment of incentives in the previous years (if any) and the
late tax payment interest as prescribed. However, they will not be penalized
for false declaration in accordance with the law on tax administration.
Article
7. Effect
1. This Circular comes
into effect from September 01, 2014.
When a company needs
time to prepare for following the procedures and making the forms provided in
the Circulars mentioned in Clause 2 this Article, it may choose the procedures
and forms according to current regulations and the regulations on amendment by
November 01, 2014 without being required to notify and register with the tax
authorities. The General Department of Taxation shall provide instructions on
the implementation of this regulation.
2. The instructions
and forms provided in the Circular No. 156/2013/TT-BTC dated November 06, 2013,
Circular No. 111/2013/TT-BTC dated August 15, 2013, Circular No.
219/2013/TT-BTC dated December 31, 2013, Circular No. 08/2013/TT-BTC dated
January 10, 2013, Circular No. 85/2011/TT-BTC dated June 17, 2011, Circular No.
39/2014/TT-BTC dated March 31, 2014 and Circular No. 78/2014/TT-BTC dated June
18, 2014 of the Ministry of Finance that is amended, replaced or annulled by
this Circular are invalidated.
...
...
...
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
Any difficulty or
obstacle that arises during the implementation of this Circular should be
reported to the Ministry of Finance for consideration./.
PP.
THE MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan