OFFICIAL LETTER 845 CTLAN-TTHT ON DEDUCTIBLE EXPENSES WHEN DETERMINING TAXABLE INCOME
Official letter 845/CTLAN-TTHT on deductible expenses when determining taxable income of corporate income tax as follows::
Based on the above provisions, in case the Company incurs tax payable according to the Tax Determination Decision of the Customs authority, except in cases where the Customs authority imposes penalties for fraud or tax evasion:
Regarding value added tax (VAT): The Company is allowed to declare and deduct all input VAT paid according to the Tax Determination Decision of the Customs authority if it meets the regulations on VAT deduction conditions prescribed in Clause 6, Article 14 of Circular No. 219/2013/TT-BTC, Clause 10, Article 1 of Circular No. 26/2015/TT-BTC and Article 1 of Circular No. 173/2016/TT-BTC dated October 28, 2016 of the Ministry of Finance.
Regarding corporate income tax (CIT): The Company is allowed to include in deductible expenses when determining taxable income the amount of import tax paid according to the Tax Assessment Decision of the Customs authority if it meets the provisions in Article 4 of Circular 96/2015/TT-BTC of the Ministry of Finance.