OFFICIAL LETTER 2185/TCHQ - TXNK ABOUT TAX REFUND FOR MACHINERY, EQUIPMENT AND TOOLS FOR TEMPORARY IMPORT FOR RE-EXPORT
Official letter 2185/TCHQ - TXNK about tax refund for machinery, equipment and tools of organizations and individuals for temporary import for re-export:
In case, machinery, equipment, tools, tools temporarily imported for re-export are subject to tax refund according to Point dd, Clause 1, Article 19 of the Law on Import and Export Tax No. 107/2016/QH13, Article 35 of Decree No. 134 /2016/ND-CP, but the Company did not manage, monitor, and record in the accounting books for temporarily imported goods, there was no basis for determining the rate of depreciation and distribution of the value of goods in the period. the period of use and stay in Vietnam according to the provisions of the law on accounting, the customs authority has no basis to process tax refund for enterprises.
In case machinery, equipment, tools, tools temporarily imported for re-export are rented or borrowed goods, the customs value is determined according to the provisions of Clause 9 Article 1 of Circular No. 60/2019/TT- BTC (amended and supplemented Article 17 of Circular No. 39/2015/TT-BTC), customs value is not calculated on the entire value of goods, therefore, there is no regulation on refunding import tax that the company submits.
