The DECREE detailing implementation of resolution No. 29/2012/QH13 about enacting some tax policy aimed at dismantling difficult for organizations and individuals _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on tax administration of 29 November 2006;
Pursuant to the law on personal income tax of 21 November 2007;
Pursuant to the law on Enterprise Income Tax and value added tax act June 3, 2008;
The base resolution No. 29/2012/QH13 dated 28 June 2012 of Congress on enacting some tax policy aimed at dismantling difficult for organizations and individuals;
According to the recommendation of the Minister of finance;
The Government issued a decree detailing implementation of resolution No. 29/2012/QH13 about enacting some tax policy aimed at dismantling difficult for organizations and individuals.
Article 1. Scope of this Decree detailing implementation of resolution No. 29/2012/QH13 on June 21, 2012 of the Congress on enacting some tax policy aimed at dismantling difficult for organizations and individuals.
Article 2. Reduce 30% of corporate income tax in 2012 for business prescribed in article 1 paragraph 1 of resolution No. 29/2012/QH13 as follows: 1. small and medium enterprises, do not include the small and medium business enterprises in the field of lotteries, real estate, securities, finance, banking, insurance , production of goods and services subject to special consumption tax, businesses are rated 1, special class in economic Corporation, the Corporation.
a) small and medium enterprises are reducing taxes prescribed in this paragraph are business, including cooperative (not including business units) meets the criteria for capital or labor, as defined in paragraph 1 of article 3 of Decree 56/2009/ND-CP dated 30 June 2009, the Government help small and medium enterprises development.
Amount of capital as a base for small and medium business is defined as total liabilities are shown in the balance Sheet on 31 December 2011 up of your business. The business case established new from July 1, 2012, the amount of capital as a base for small and medium enterprises identified capital is recorded in the certificate of registration or certificate of initial investment.
The average number of workers in defined as a base of small and medium enterprises (including the number of branches and subsidiaries) is the number of workers that businesses use regularly on average in 2011, regardless of the short-term contract workers under 3 months, the number of workers regularly used an average of the year is determined under the guidance of the Ministry of labour invalids and society.
b) does not reduce the tax according to the provisions in this paragraph with respect to small and medium enterprises business only: the lottery; real estate; securities; Finance; the Bank; insurance; the production of goods and services subject to special consumption tax. The case of small and medium enterprises have operations in many areas, the number of enterprise income tax reduction does not include tax calculated on income from lottery business, real estate, securities, banking, finance, insurance, manufacturing goods and services subject to special consumption tax.
2. Business uses many workers in the field of manufacturing, machining, processing: agricultural, forestry and aquatic products, textiles, footwear, electronic components; the business employs many workers building socio-economic infrastructure.
The business employs many workers to reduce taxes in this clause is available for the total number of workers regularly used on average by 2012 on 300 people, not including short-term contract workers under 3 months. Business case held in the model of the parent company-subsidiary of labor as a base, then identify the parent company subject to tax reduction does not include employees of the subsidiary.
Corporate income tax reduction is calculated on the income tax of the production, processing, processing of agricultural, forestry and aquatic products, textiles, footwear, electronics and components from active construction of infrastructure works in social-economic.
Production, processing, processing of agricultural, forestry and aquatic products, textiles, footwear, electronic components specified in this paragraph is determined by the provisions of Vietnam economy system attached to decision No 10/2007/QD-TTg on January 23, 2007 by the Prime Minister.
Construction activities in the economic and social infrastructure of the provisions in this paragraph include, building construction, installation: water plants, power plants, transmission works, distribution of electricity; water supply and drainage system; roads, rail; airports, seaports, river ports; the airport, the train station, the bus station; build schools, hospitals, cultural houses, theaters, performing arts facility, training establishments, sporting events; waste water treatment systems, solid waste; communication works, irrigation service of agricultural, forestry and fisheries.
3. enterprise income tax reduction of business specified in paragraph 1, paragraph 2 this is calculated tax amount temporarily paid quarterly and also tax amount payable under tax in 2012.
4. Business is business income tax regulation in this business is established and functioning according to the law of Vietnam; accounting regimes, invoices, vouchers in accordance with the laws and pay tax according to the Declaration.
Article 3. Tax (value-added tax, personal income tax) and corporate income tax in 2012 for households, individuals, organizations prescribed in clause 2 article 1 of resolution No. 29/2012/QH13 as follows: 1. Tax (value-added tax, personal income tax) year 2012 for households personal, business, accommodation, rooms for rent for workers, workers, students, student; households, personal care Babysitting; households and individuals providing ca for the workers.
The level of value added tax on the stock tax, individual income tax provisions in this paragraph shall be determined according to the provisions of the law on tax administration.
2. Exemption from value added tax and enterprise income tax payable arising by 2012 for providing ca operations (not including providing activities for business aviation, transportation, other business activities) of the business.
The business case made many business activities: business income tax are exempt from counting on income from operations providing ca. No case determine the income tax exemption for the operation of the income tax exemption tax amount to be determined according to the percentage (%) between the sales of works providing ca with total revenue of the business in 2012.
Value added tax exemption is determined according to the ratio between turnover value of taxable activities providing ca of each month on the total sales of goods and services subject to value added tax in January.
The business tax exemption prescribed in this paragraph must meet prescribed in article 2 paragraph 4 and paragraph 3 of article 3 of this Decree and implementing value added tax according to the method of deduction.
3. Households, individuals and businesses are tax provisions in this Article are committed to keep stable prices for rental accommodation, motel room, Babysitting, care price reviews providing ca in 2012 at a price no higher than December of 2011.
Reviews for rental accommodation, motel room, Babysitting and look care price reviews providing ca must be public, listed in business establishments and notify the social authorities, place of business and tax authorities directly managed. Test cases, inspectors discovered households, individuals, business organizations do not perform the proper commitment on prices specified in this clause, the households, individuals, business organizations are not tax exempt under the provisions of this Article. The case of households, individuals and business organizations are not tax free tax free, the Declaration that has been filed and late tax penalties under the provisions of the law on tax administration.
Article 4. Personal income tax according to the provisions in paragraph 3 article 1 of resolution No. 29/2012/QH13 as follows: personal income taxes from July 1, 2012 to December 31, 2012 for individuals with taxable income from salaries, wages and from business to personal income taxes in the ranks of the progressive tariff sections the provisions of article 22 of the personal income tax Law.
The income tax base determined the tax exemption provisions in this is the average taxable income of individuals actually receive in 2012.
Article 5. Effect 1. The Decree has effect from the date of 20 September 2012.
2. In the same time, if businesses are entitled to various tax incentive levels for the same earnings shall be selected to apply preferential tax rates to benefit the most.
The business cases are in time to enjoy the preferential enterprise income tax according to the provisions of the law on enterprise income tax shall be reduced according to the provisions of this Decree shall be charged on the amounts remaining after deducting corporate income tax number are enjoying preferential treatment.
3. guide the Finance Ministry repaid or compensated with the remaining tax amount payable for businesses, households, individuals, the Declaration was filed on the State budget of tax reduction, exemption amount as defined in article 2 and article 3 of this Decree.
Article 6. Responsibility 1. The Ministry of Finance shall guide the implementation of this Decree.
2. the people's committees of provinces and cities under central within the jurisdiction under the provisions of the law are responsible for directing the departments, industry and Government in collaboration with the local tax authorities, urging propagandist and examine the implementation of this Decree.
3. The Council tax consultancy communes, wards, in coordination with the State administration of the local price confirmation and tracking, checking the implementation of the commitment to keep stable prices of households, individuals and businesses prescribed in article 3 of this Decree.
4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, individuals responsible for the implementation of this Decree.