Circular No. 191/2012/tt-Btc: Modify Circular 155/2009/tt-Btc On 11/11/2011 Ministry Of Finance's Tax Guide For Active Exploration, Mine Development And Exploitation Of Oil And Gas Ventures V. ..

Original Language Title: Thông tư 191/2012/TT-BTC: Sửa đổi Thông tư 155/2011/TT-BTC ngày 11/11/2011 của Bộ Tài chính hướng dẫn về thuế đối với hoạt động tìm kiếm thăm dò, phát triển mỏ và khai thác dầu khí của Liên doanh V...

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The base agreement between the Government of the Socialist Republic of Vietnam and the Government of the Russian Federation signed on December 27, 2010 about the continuation of cooperation in the field of geological exploration and exploitation of oil and gas in the continental shelf of the Socialist Republic of Vietnam in the framework of Vietnam-Russia joint venture "Vietsovpetro" (hereinafter referred to as the agreement);

Pursuant to the law of oil and gas in 1993 was passed by Congress on 06/7/1993; Law on amendments and supplements to some articles of the law which the Parliament passed on 9/6/2000; Law on amendments and supplements to some articles of the law of oil and gas of 10/2008/QH12 on 03/6/2008 and documents guiding the implementation;

Pursuant to the law signing, joining and implementing international treaties No. 41/2005/QH11 on 14/6/2005 of the National Assembly of the Socialist Republic of Vietnam and the text guiding the implementation;

To base the tax law, Ordinance on fees and documents guiding the implementation;

Pursuant to the law the tax management of 78/2006/QH11 on November 29, 2006 and other documents guiding the implementation;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

The Finance Ministry revised guide, some additional things in circular No. 155/2009/TT-BTC on 11/11/2010 of the Ministry of Finance on tax and State budget account (hereinafter referred to as the tax) for active exploration, mine development and exploitation of oil and gas of the Russian-Vietnamese joint venture "Vietsovpetro" from lot 9-1 as defined in the Convention 2010 is as follows : article 1. Modifying, supplementing a number of articles in circular No. 155/2009/TT-BTC as follows: 1. Replace article 19 by the new article 19 as follows: "article 19. Khai, filed provisional surcharges for oil money from the interest rate of the residual oil to residual oil portion of the money back to back is the product value of goods (oil) to annual leave that has not been used up VIETSOVPETRO Board of venture decision at each session to pay surcharges corporate income tax, and divided the two sides join venture (including the amount of oil left for VIETSOVPETRO by price plan and sell oil difference by comparison with the price plan that VIETSOVPETRO not handled).

1. Determine oil production interest from money the residual oil portion of leave: oil production interest from the money section balances the oil leaving the money amount = residual oil portion of the average weighted Prices leave of the crude oil export batches sold in the States the balance of which:-the amount of the residual oil portion of the leave is approved according to the amount at each session of the Joint Council.

The average weighted price of the crude oil export batches sold in the States the balance equal to (=) the selling of crude oil export revenue in the period ending balance (total output of crude oil export:) sale in the balance.

The balance is about the time the surplus funds identified VIETSOVPETRO of the oil to back to report the Council approved venture.

2. Identify temporary surcharges for oil production interest rate from funds the residual oil portion of leave: 2.1. On the basis of interest-oil output from the money section balances the oil to back the normal price, his rights of crude oil export batches sold in the corresponding residue, VIETSOVPETRO to determine the number of extra oil production interest from the money of the residual oil left under guiding principles of article 17 and paragraph 1 , Article 18 circular No. 155/2009/TT-BTC on 11/11/2010 of the Ministry of finance.

For example, suppose in the year, the Council decided to venture money the residual oil portion of the leave is 120,000,000 USD. The average price of crude oil batch rights national export sale in the balance is $ 120 a barrel.





Oil production interest from the money of the residual oil left = 1,000,000 = 120 barrels 120,000,000 As guiding principles in article 17, paragraph 1 Article 18 circular No. 155/2009/TT-BTC on 11/11/2010 of the Ministry of finance, an extra number of oil production interest from the money section balances the oil leave is defined as follows : (i) the number of surcharge to be paid for with money from the interest rate the oil output of the residual oil to back the corresponding part rising oil prices than the price on the basis of 20% to 50% = 50% x average weighted Price of the crude oil export batches sold in the States the maximum residual to 150% of the base oil-crude oil price base x 1.2 x interest oil output from the residual funds of the part of the oil to back = 50% x (75 x 75 x 1.2-1.5) x 1,000,000 = $ 11,250,000 and (ii) the number of surcharge to be paid for with money from the interest rate the oil output of the residual oil to correspond to higher oil prices, joint base price above 50% = 60% x average Price weighted of the crude oil export batch sold in the balance-1.5 x the price crude oil output x base interest rate from funds the balance of the oil to back = 60% x (120-75 x 1.5) x 1,000,000 = $ 4,500,000 total surcharges payable by the interest from the money the oil output of residual oil portion left = (i) + (ii) = $ 15,750,000.

2.2. where as a result of inspection the Inspection Committee's annual VIETSOVPETRO incurred the amount of residual oil portion to Ban inspectors reported the venture Board decision. VIETSOVPETRO made an additional submission, business income tax, according to the decision of the Joint Council of Foul.

3. Publicity, filed provisional surcharges for oil interest from the money of the residual oil to: 3.1. Additional declaration is a temporary surcharges for oil money from the interest rate of the residual oil left under model number 01-1/PTHU-VSP attached to this circular.

3.2. The time limit for filing temporary extra stubs: slowest is twenty (20) days from the date of the Council decision to venture the amount of residual oil portion of leave under resolution each session of the Board of the venture but not later than December 31 of each year.

On twenty cases is on holiday, the time limit for filing temporary extra stubs is the next working day of that holiday.

3.3. The time limit for submission of provisional surcharges: slow for the last day of the time limit for filing additional provisional declaration stated in point 3.2 of this. "

2. Amend article 20 paragraph 1 as follows: "1. Determine the number of charges under the settlement: additional Number are filed under settlement with total surcharges payable is determined according to the instructions in paragraph 1 Article 18 circular No. 155/2009/TT-BTC on 11/11/2010 of the Ministry of finance and paragraph 1 article 1 of this circular."

3. Modify the first row tiles 2.1 point item 2 article 20 as follows: "extra-settlement currency declaration form No. 02/PTHU-VSP attached to this circular" 4. Replaced by new article 24 Article 24 as follows: "article 24. Khai, the enterprise income tax for income from temporary money the residual oil portion of leave 1. Determine the number of temporary business income tax from the amount of residual oil portion left: number of temporary business income tax payable = money income the residual oil portion of leave x corporate income tax which:-income from money the residual oil portion of the leave with the Money (=) residual oil portion of leave under the approval of the Board of JV minus (-) Number surcharges to pay for interest on the money from the oil output of the residual oil left respectively identified as instructed in paragraph 1 article 1 of this circular.

-Corporate income tax under the provisions of the Convention 2010 is 50%.

2. Publicity, temporary business income tax calculated for income from money the residual oil portion of leave: 2.1. Profile of enterprise income tax is provisional enterprise income tax is provisional for income from money the residual oil portion of leave according to model No. TNDN/01-1-VSP attached to this circular.

2.2. The time limit for filing corporate income tax temporary: slowest is twenty (20) days from the date of the Council decision to venture the amount of residual oil portion of leave under resolution each session of the Board of the venture but not later than December 31 of each year.

On twenty cases is on holiday, the time limit for filing corporate income tax temporary is the next working day of that holiday.

2.3. Time limit for submission of provisional enterprise income tax: slow for the last day of the time limit for filing corporate income tax temporary stated at point 2.2 of this. "

5. Modify Article 25 paragraph 1 as follows: "1. Determine the number of corporate income tax payable according to the settlement: corporate income tax payable by total corporate income tax is determined according to the instructions in paragraph 1 to article 23 Circular No. 155/2009/TT-BTC on 11/11/2010 of the Ministry of finance and paragraph 4 Article 1 of this circular."

6. Amend item 2 article 25 as follows: "2. the Declaration enterprise income tax declaration is the corporate income tax according to the model No. TNDN/02-VSP attached to this circular."

7. Replace the following declarations:-replace the extra declaration form No. 01-1/PTHU-VSP, numbers 1-2/PTHU-VSP, no. 02/PTHU-VSP attached to circular No. 155/2009/TT-BTC by these forms of 1-1/2, and VSP-PTHU PTHU-VSP attached to this circular.

-Replace the corporate income tax return form No. TNDN/01-1-VSP, number 01-2/02/No. TNDN-VSP, VSP-TNDN attached to circular No. 155/2009/TT-BTC by these forms of 1-1/2, and VSP-TNDN TNDN-VSP attached to this circular.

Article 2. Implementation and effect 1. This circular effect from 27/12/2012. Surcharge private and corporate income tax with respect to interest on the balance of the money from the oil parts oil to arise again in 2011, VIETSOVPETRO has, filed the other with guidance in this circular shall make opening adjusted according to the instructions in this circular.


2. Other content not this circular guides continue to follow the guidance in circular No. 155/2009/TT-BTC on 11/11/2011 Ministry of Finance's tax guide for active exploration, mine development and exploitation of oil and gas of the Russian-Vietnamese joint venture "Vietsovpetro" from lot 9-1 as stipulated in the agreement.

3. in the implementation process, if there are difficulties, obstacles and propose timely reflect the units of the Ministry of finance to study, additional instructions./.