Official letter 4982/CTBNI-TTHT about tax policy:
Based on the above regulations, the Tax Department of Bac Ninh province guides the Company as follows: - The VAT rate for transferred assets attached to land is determined according to the current tax rate for each type of goods and services. service, according to the provisions of Article 9 and Article 11 of Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance. - In case the Company incurs an activity to transfer assets attached to land, this activity is determined to be a real estate transfer activity according to the provisions of Clause 2, Article 16 of Circular No. 78/2014/TT-BTC. dated June 18, 2014 of the Ministry of Finance. The company fulfills its VAT and corporate income tax obligations for out-of-province real estate transfer activities as follows: + Regarding VAT: The company declares and submits VAT declaration documents according to form No. 05/GTGT issued according to Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance and pay VAT according to revenue without value added tax for real estate transfer activities multiplied by (x) 1% to the Tax authority in the province where the transferred real estate is located according to the instructions in Clauses 2 and 3, Article 13 of Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance. The company must synthesize the revenue without value added tax for real estate transfer activities into the tax declaration file at the head office to determine the tax amount payable for all production and business activities at the head office. main office. The value added tax amount paid in the province where the transferred real estate is located is offset against the value added tax amount payable at the head office.
+ Regarding corporate income tax: The company declares and pays corporate income tax for real estate transfer activities according to the corporate income tax revenue of real estate transfer activities multiplied by (x) by 1% to the tax authority in Vietnam. province where the transferred real estate is located according to the instructions in Clause 2, Article 17 of Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance. The company declares and finalizes corporate income tax for all real estate transfer activities according to form No. 03/TNDN, determining the amount of corporate income tax payable to the province where real estate transfer activities occur. Appendix 03-8A/TNDN issued together with Circular No. 80/202I/TT-BTC dated September 29, 2021 of the Ministry of Finance for direct tax authorities as prescribed in Clause 3, Article 17 of Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance. - Regarding temporary payment of corporate income tax: The company shall temporarily pay corporate income tax for 4 quarters to ensure that it is not lower than 80% of the corporate income tax payable according to the annual settlement according to the provisions of Clause 3, Article 1 of Decree No. 91. /2022/ND-CP dated October 30, 2022 of the Government
