Law 32/2013/qh13: Modifying, Supplementing Some Articles Of The Law On Enterprise Income Tax

Original Language Title: Luật 32/2013/QH13: Sửa đổi, bổ sung một số điều của Luật Thuế thu nhập doanh nghiệp

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CONGRESS
Numbers: 32 /2013/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 19, 2013

LAW.

Edit, add some of the provisions of the Enterprise Income Tax Code

________________________

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the amended Law, which complements some of the provisions of the Digital Income Tax Law 14 /2008/QH12.

What? 1

Amendment, addition of some of the provisions of the Enterprise Income Tax Law:

1. paragraph 3 Article 2 is modified, added as follows:

" 3. The permanent basis for foreign enterprises is the manufacturing facility, which is the business that through this facility, the foreign enterprise which conducts part or the entire production, business in Vietnam, including:

a) Branch, executive offices, factories, factories, transport vehicles, oil fields, gas fields, mines or other natural resource extraction sites in Vietnam;

b) The site of construction, construction, installation, assembly;

c) The basis of service providers, including consulting services through workers or organizations, others;

d) Agents for foreign enterprises;

Representative in Vietnam in the event of a representative with the authority to sign the name of a foreign business or representative without the authority to sign a contract to the name of foreign business but regularly carrying out the delivery of goods or services. Service in Vietnam. "

2. paragraph 2 Article 3 is modified, added as follows:

" 2. Other income includes income from capital transfer, capital transfer transfer; income from real estate transfer, investment project transfer, transfer of rights to the investment project, transfer of exploration rights, exploitation, mineral processing; income from the right to the use of property, property ownership, including income from intellectual property rights by law; income from transfer, leasing, property liquation, among which the types of papers are priced; income from deposit, capital loans, and equity. sale of the currency; the debt shortfall is difficult to delete now; the income from the debt must not determine the owner; the income from his business. The previous years were missed and other income, including income from manufacturing, business outside Vietnam. "

3. Modified, add 1 and paragraph 4 Articles 4; add 8, 9, 10 and 11 on Article 4 as follows:

" 1. Income from cultivation, breeding, aquacal farming, the production of salt of the cooperative composition; the income of the cooperative activity in the field of agriculture, forestry, fishing, matches at the site of economic conditions-difficult society or at the site can be found. Socioeconomic conditions are particularly difficult; the income of the business from farming, breeding, aquacoreal farming has a particularly difficult economic-social condition; income from fishing operations. "

" 4. Income from manufacturing operations, sales business, the business of the business has 30% of the average workforce in the year as a disability, the latter of addiction, the infected person who causes HIV/AIDS. And there are an average number of workers in the year from twenty or more, not including businesses that operate in the financial sector, the real estate business. "

" 8. Income from the transfer of the emission reduction certificate (CERs) of the business is certified only to reduce emissions.

9. Income from the implementation of the State of Vietnam mission of the Development Bank of Vietnam in the development of development investment credit, export credit; income from credit activity for the poor and other policy subjects of the Social Policy Bank of Vietnam. the assembly; the income of the state financial funds and other funds of the State operating not for a profit target by the rule of law; the income of the organization that the State owns 100% of the charter capital established by the Government to handle the bad debt of credit organizations. -Vietnam.

10. The undivided income of the basis of socialization implementation in the field of education-training, health and other socialization sector leaves to invest in that facility according to the regulation of specialized law on the field of education-training, health and the social sector. Other integration; the income form the non-divided property of the cooperative is established and operates under the provisions of the Law of Cooperation.

11. Income from the transfer of technology in the field of priority transfer to the organization, the individual at the site has a particularly difficult economic-social condition. "

4. Clause 3 Article 7 is modified, added as follows:

" 3. Income from real estate transfer operation, investment project transfer, transfer of rights to the investment project, transfer of exploration rights, exploitation, mineral processing must be specified separately for filing tax filing. Income from the investment project transfer (excluding the exploration, mining project), income from the transfer of the right to the investment project (except for the transfer of the exploration project, mining of the mineral), income from the real estate transfer if the loss. This number of holes is compensated with the interest of manufacturing activity, business in the tax period. "

5. Article 9 is modified, adding as follows:

" Article 9. The expenses are subtracted and not unless determining taxable income.

1. Except for the provisions specified at paragraph 2 This, the business is minus all expenses when determining the taxable income if the following conditions are met:

a) The actual cost of which is related to the manufacturing activity, business of the business; the expenditures of the defense, the security of the business according to the rule of law;

b) The sum of the bill is sufficient, as evidenced by the rule of law. For the bill of purchases, the once-valued service of twenty million co-charges is present from non-cash payment, except for non-obligated cases from non-cash payment under the rule of law.

2. The expenses are not excluded when determining taxable income includes:

a) The clause does not meet the specified conditions at 1 Article, except for the value of the loss of natural disasters, epidemics, and other uncompensated cases;

b) The penalty for administrative violations;

c) The cost is offset by another source of funding;

d) The portion of the business management costs provided by the foreign business allocated to the permanent facility in Vietnam exceeds the level of allocation of the allocation method provided by the Vietnamese law;

) The portion exceeded the provisions of the bill for the defense of the bill;

e) A portion of the cost of the loan capital, the business of the subject is not a credit organization or economic organization exceeding 150% of the basic interest rate announced by the State Bank of Vietnam at the time of the loan;

g) The fixed asset depreciation of assets is not the correct rule of law;

h) The prior paragraph to the cost is not correct by the law;

i) The wages, the wages of private enterprise owners; remuners pay for the founder of the non-direct business involved in executive production, business; wages, wages, other cost-payments to pay for the worker but in fact. not paying or without bills, evidence from the rule of law;

c) The portion of the interest of the loan is equivalent to the missing portion of the charter;

l) The value added value added tax portion has been deducted, the value tax increases in accordance with the deduction method, corporate income tax;

m) Part of the advertising, marketing, marketing, brokerage, brokerage, reception, conference, marketing support, marketing support, business-related expenses directly to the production, business exceeding 15% of the total amount excluded. The total number of genera that are excluded does not include the provisions stipulated at this point; for commercial activity, the total number of genera that are excluded does not include the purchase price of the goods sold;

n) The grant, except for funding for education, health, scientific research, remediation of the natural disaster, works as a union house, a state of solidarity, home for policy subjects by law, grants under the state program. It ' s for the local area where economic-social conditions are particularly difficult;

o) The portion of the voluntary pension fund or the fund has a social security, purchasing voluntary retirement insurance for workers who exceed the rule by law;

p) The expenditures of business activity: banks, insurance, lottery, securities, and some other specialty business practices under the provisions of the Minister of Finance.

3. The foreign currency is excluded when the tax-taxing determination must be exchanged to Vietnam by the average exchange rate on the federal foreign currency market announced by the State Bank of Vietnam at the time of the expense of foreign currency. Bad.

The government specifies the details and guidelines that enforce this. "

6. Article 10 is modified, added as follows:

" Article 10. Tax rate

1. The corporate income tax rate is 22%, minus the specified case at paragraph 2, paragraph 3 This and the subject is preferable to the regulation tax at Article 13 of this Law.

These cases apply a 22% tax rate at the expense of this transfer to a 20% tax rate since 1 January 2016.

2. The business has a total annual revenue of no more than twenty billion co-imposed a 20% tax rate.

Revenue as a base that determines the business of the object that is applied to a 20% tax rate at this one is the revenue of the prior year.

3. Business income tax rates on search, exploration, oil, gas and other rare resources in Vietnam from 32% to 50% in line with each project, each business base.

The government specifies the details and guidelines that enforce this. "

7. Article 13 is modified, added as follows:

" Article 13. Tax incentives

1. Apply 10% tax in the period of fifteen years to:

a) The income of the business from the implementation of the new investment project at the site has a particularly difficult economic-social condition, the economic zone, high tech sector;

b) The income of the business from the implementation of the new investment project, including: scientific research and technological development; high technology applications under the portfolio of high-tech portfolio developed under the regulation of the High Technology Law; innovative technology generation high, high-tech enterprise incubation; venture capital investing in high-tech portfolio under high technology portfolio developed under the regulation of the High Technology Law; construction investment-business infrastructure business, entreprenearship, and business. High-tech industry; investing in developing the important special infrastructure of the State in accordance with the rule of law; the production of software products; produce composites, light building materials, rare materials; production of renewable energy, clean energy, energy from the destruction of waste; development of biotechnology; environmental protection;

c) Income of the high-tech enterprise, the agricultural enterprise application of high technology under the regulation of the High Technology Law;

d) The income of the business from the implementation of the new investment project in the manufacturing sector (excluding the special consumption tax bear project, the mineral extraction project) meets one of the following two criteria:

-The project has a minimum capital investment of six trillion dollars, making a total of no more than three years from the date of receiving the investment certificates and a total of ten trillion dollars per year, the slog after three years from the year of revenue;

-The project has a minimum capital investment of six trillion dollars, making a total of no more than three years from the date issued by the Certificate of Investment and Use of over three thousand labourers.

2. Apply 10% tax on:

a) The income of the business from the implementation of socialization activities in the field of education-training, vocational education, health, culture, sports and the environment;

b) The income of the business from the implementation of the investment project-the social housing business for sale, leasing, for rent to the specified objects at Article 53 of the Housing Law;

c) The income of the press agency from the printing press operation, including the print advertisement in accordance with the provisions of the Press Law; the income of the publishing agency from the publishing operation under the provisions of the Publishing Law;

d) The income of the business from: planting, care, forest protection; farm farming; forestry, fisheries in the site have a difficult economic-social condition; production, multibreeding and breeding cultivable crops, livestock; production, mining and salt refining, except for salt production. stipulation at paragraph 1 Article 4 of the Law; the investment of the preservation of the agricultural product following the harvesting, the preservation of the farmer, the fisheries, and the food;

The income of a cooperative in agriculture, forestry, fishing, non-landless matches with economic conditions-difficult societies or places with economic-social conditions are particularly difficult, except for the income of social cooperation. I mean, at one Article 4 of this law.

3. Apply 20% tax in a ten-year period for:

a) The income of the business from the implementation of the new investment project at the site has a difficult economic-social condition;

b) The income of the business from the implementation of the new investment project, including: advanced steel production; production of energy-saving products; machinery production, equipment for agricultural production, forestry, fishing, matches; production of irrigation equipment, and manufacturing equipment. consumption; production, consumption of cattle, poultry, fishery; development of the traditional profession.

From 1 January 2016, the income of the regulation business at this paragraph was imposed by a 17% tax rate.

4. Apply 20% tax on the income of the People ' s Credit Fund and microfinance organization.

From 1 January 2016, the income of the People's Credit Fund and microfinance organization were imposed by a 17% tax rate.

5. For the project to specifically attract large scale investment and high technology the time of application of preferable tax rates may extend further, but the duration of extension is no more than fifteen years.

6. Time of application of the regulatory preferable tax at this is calculated from the first year of the enterprise ' s new investment project with revenue; for high tech business, the high-tech application agriculture industry is calculated from the date issued by the paper. It ' s certified high-tech businesses, high-tech industrial enterprises, high-tech applications; for high-tech applications, it ' s been computiated from the date of the high-tech application project.

The government specifies the details and guidelines that enforce this. "

8. Article 14 is modified, adding as follows:

" Article 14. Tax-free time incentives, tax cuts

1. The income of the business from the implementation of the new investment project stipulated at paragraph 1, point a 2 Article 13 of this Law and High-tech enterprise, high-tech-applied agricultural business is exempt from the maximum tax no more than four years and a 50% decrease. Taxes must be paid for no more than nine years.

2. Income of the business from the implementation of the new investment project stipulated at paragraph 3 Article 13 of this Law and the income of the business from the implementation of the new investment project in the industrial zone, unless the site of the site is economically conditional-socially favorable under the rule of law that is exempt from the maximum tax exemption no more than two years and a 50% decrease in taxes must submit to a maximum of no more than the next four years.

3. Tax-free time, tax breaks on the income of the business from implementing a new investment project stipulated at paragraph 1 and paragraph 2 This is calculated from the first year of taxable income from the investment project, the absence of taxable income in three years. In the first year, since the first year there was revenue from the project, the tax-free time was calculated from the fourth year. Tax-free time, tax breaks for high-tech business, high-tech-applied agricultural business in point 1 Article 13 of the Law is calculated from the date granted certification by a certificate of high tech, business, and business. High-tech, industrial application.

4. Enterprise has an investment project development investment project in the sector, business income tax revenue under the regulation of this Law expands the production scale, raising capacity, innovate manufacturing technology (investment extension) if landing in the business sector, the company said. One of the three criteria for regulation at this paragraph is to be entitled to the tax incentives under the project that is operating for the remainder (if any) or exemption from taxation, tax relief on the added income portion due to an extended investment. Tax-free time, tax breaks for increased income attributable to the investment of the regulations stipulated at this paragraph by the time of the exemption, reducing the applicable tax on the new investment project on the same site, the corporate income tax incentive sector.

The extended investment project that is preferable to regulation at this paragraph must meet one of the following criteria:

a) The fixed asset price added as the completed investment project goes to a minimum of twenty billion dollars on the expanded investment project under the regulation of the business income tax on the rules of this law or from ten billion partners. with extended investment projects made at the site of economic conditions-difficult societies or places with economic-social conditions that are particularly difficult under the rule of law;

b) The fixed asset price price ratio increased to a minimum of 20% from the total fixed asset price before the investment;

c) The design capacity adds a minimum of 20% from the pre-investment design capacity.

The business case is operating with an expanded investment in the sector, the tax incentive address under the rules of this law without meeting one of the three regulatory criteria at this paragraph, which applies tax incentives under the active project for the rest of the time. (if any).

The business case is entitled to an expanded investment tax, the added income portion is due to an investment in its own accounting; the case is not individually accounted for, the income from an expanded investment activity determined by the ratio of the price. a new investment asset is used for manufacturing, business on the total fixed asset price of the business.

Tax-free time, the regulatory tax reduction at this paragraph is calculated from five completed investment projects that put into production, business.

The applicable tax incentives at this paragraph do not apply to extended investment cases due to the merger, acquisition of a business or an active investment project. The government specifies the details and guidelines that enforce this. "

9. Add paragraph 3 to Article 15 as follows:

" 3. The business of performing technology transfers in the preferred area of delivery to the organization, individuals at the site with economic conditions-the hardline society is reduced by 50% of the corporate income tax on the income from technology transfer. "

10. Article 16 is modified, added as follows:

" Article 16. Move Hole

1. The business with a hole is shifted to the following year; this number of holes is subtracted from the tax income. The duration of the transfer is not over five years, since the following year of the loss year.

2. The business has holes from the real estate transfer operation, the investment project transfer, the transfer of the right to the investment project after it has made a regulatory offset at paragraph 3 Article 7 of this Law if the loss and business has holes from the operation. transfer of the exploration rights, mining the mineral is moved the next year into the tax revenue of that activity. The time of transfer is due to this one Article. "

11. Clause 1 Article 17 is modified, added as follows:

" 1. The established and operating business under the regulation of Vietnamese law is quoted by a maximum of 10% of the annual tax income to establish the enterprise's scientific and technological development fund. State enterprises, in addition to the implementation of the Scientific and Scientific Development Fund, are required to secure the scientific and technological development rates under the laws of science and technology. "

12. Article 18 is modified, added as follows:

" Article 18. Tax incentives

1. The corporate income tax incentives provided at the terms 13, 14, 15, 16 and 17 of this Law apply to the business that implement the accounting regime, invoice, certification, and file tax filing.

The business income tax preference in accordance with the new investment project stipulated at Article 13 and Article 14 of this Law does not apply to cases of split, separation, merger, merge, conversion of the form of business, conversion of ownership and other cases according to The rules of the law.

2. Enterprise must separate its own income from manufacturing operations, which is preferable to regulation tax at Article 13 and Article 14 of this Law with income from manufacturing activity, business is not preferable tax; the case does not own the private accounting. income from manufacturing activity, the tax-preferable business is determined by the ratio between the revenue of manufacturing activity, the business is preferable to tax on the total revenue of the business.

3. Tax tax of 20% stipulated at paragraph 2 Article 10 and regulation of tax incentives at paragraph 1 and paragraph 4 Article 4, Article 13 and Article 14 of this Law do not apply to:

a) Earnings from capital transfer, transfer of capital to capital; income from real estate transfer, subtract from the social housing regulation at Article 13 of this Law; income from the investment project transfer, transfer of the rights to the investment project, transfer of the the rights to exploration, exploitation of minerals; income from manufacturing operations, business outside Vietnam;

b) Income from search, exploration, oil extraction, gas, other precious resources and income from mining operations;

c) The income from the service business is subject to a special consumption tax under the provisions of the Special Consumption Tax Law;

d) Other cases by government regulation.

4. For the same time, if the business is to enjoy a wide variety of tax incentives for the same income, the business is selected to apply the most beneficial tax incentives. "

What? 2

1. This law took effect on January 1, 2014, except for provisions at 2 This.

2. Regulation of a 20% tax application on the business has a total annual revenue of no more than twenty billion copper at 6 Article 1 and the regulation of a 10% tax application on the income of the business from the implementation of the investment project-the social housing business at Paragraph 7 Article 1 of the Law was implemented on 1 July 2013.

3. The business has an investment project that counts the end of the 2013 tax period while also in the time of the corporate income tax incentive (tax rate, time-free, tax-lowering) by the regulation of law-attribuing legislation on corporate income tax. Before this law takes effect, it continues to enjoy the rest of the time as defined by those texts. The case in accordance with the provisions of the tax preferable tax on this Law is chosen to be preferable or preferable by the provisions of this Law in accordance with the new investment for the rest of the time if the new form of a new established enterprise is. from the investment or preferable investment project for the extended investment for the rest of the time if the investment is in an expanded investment.

As of the end of the 2015 tax period, the business case has an investment project that is being imposed on a 20% regulatory tax rate at 3 Article 13 Business Income Tax Law 14 /2008/QH12 modified, supplemated at 7 Article 1 of the Law, since 1 January 2016 transferred to a 17% tariff rate for the remainder of the time.

4. Repeal the regulatory content on corporate income tax at the terms, paragraph of the following laws:

a) paragraph 2 Article 7 of the Deposit Deposit Insurance Law 06 /2012/QH13;

b) paragraph 2 Article 4 of the Digital Health Insurance Law 25 /2008/QH12;

c) Clause 1 Article 10; paragraph 1 Article 12; paragraph 2 Articles 18; paragraph 2 Articles 19; paragraph 1 and paragraph 2 Article 22; paragraph 3 Articles 24 and paragraph 2 Article 28 of the High Technology Law 21 /2008/QH12;

d) Articles 1, 4, 5, 6, 7 and 8 Articles 44, Article 45 of the Digital Transfer Law 80 /2006/QH11;

One Article 53, paragraph 5 Article 55 and paragraph 3 Article 86 of the Digital Vocational Law 76 /2006/QH11;

e) paragraph 1 Article 68 of the Vietnam Labor Law goes to work abroad. 72 /2006/QH11;

g) paragraph 2 Article 6 of the Digital Insurance Law 71 /2006/QH11;

h) paragraph 3 Article 8 of the Legal Aid Legal Aid 69 /2006/QH11;

i) paragraph 3 Article 66 of the National Higher Education Law 08 /2012/QH13;

l) Article 34 of the Number of Disabled Persons 51 /2010/QH12;

l) paragraph 4 Article 33 of the Digital Investment Law 59 /2005/QH11;

m) Clause 2 Articles 58, paragraph 2 Article 73, paragraph 3 Articles 117 and paragraph 3 Article 125 of the Digital Business Law 60 /2005/QH11.

5. The government rules out details, guidelines for the implementation of the provisions, the paragraph delivered in the Law.

____________________________________________________________

The law was signed by the National Socialist Republic of Vietnam XIII, the 5th session through June 19, 2013.

President of Congress.

(signed)

Nguyen Gung Xiong