Circular No. 118/2009/tt-Btc: Guidance On Import Tax And Value-Added Tax For Goods Imported By Power Projects

Original Language Title: Thông tư 118/2011/TT-BTC: Hướng dẫn về thuế nhập khẩu và thuế giá trị gia tăng đối với hàng hóa nhập khẩu của các dự án điện

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Export Tax pursuant to the law, the import tax on 14/6/2005;

Pursuant to Decree No. 87/2010/ND-CP on 13/8/2010 of the Government detailing the implementation of a number of articles of the law on the export Tax, import tax;

Pursuant to the law on value added Tax 3/6/2008;

Pursuant to Decree No. 123/2008/ND-CP on 08/12/2008 the Government detailing and guiding the implementation of some articles of the law on value added Tax;

Implementation of resolution No. 59/NQ-CP on December 17, 2010 of the Government on the simplification of administrative procedures in the function of management;

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;

Make the direction of the Prime Minister at no. 5375/VPCP-KTTH on 04/8/2010 and no. 3144/KTTH-VPCP on 17/5/2011 by Office of Government;

The Ministry of finance guidelines on import tax and value-added tax for goods imported by power projects as follows: article 1. The scope and subjects of application: this circular apply to feedstocks, materials to make fixed properties of your project.

Article 2. Import duties 1. With respect to the licensed power project investment, investment incentive certificates before 1/10/2010 (date of Decree 87/2010/ND-CP on 13/8/2010 of the Government detailing the implementation of a number of articles of the law on the export Tax, import tax (hereinafter the Decree No. 87/2010/ND-CP) had effect) : 1.1. Raw materials, imported materials before December 17, 2010 (date of resolution No. 59/NQ-CP on December 17, 2010 of the Government on the simplification of administrative procedures in the function of management, hereinafter the resolution No. 59/NQ-CP, effective enforcement of): a) raw materials materials, import service for power projects by the Government, the Prime Minister approved and are Industry endorsed the type of materials, this material is the type of materials, raw materials and not integral to the main equipment, machinery to create fixed assets of the power projects identified as raw materials , materials used to make equipment, machines located in the technology to assemble or use Sync to sync with the device, the main machines are exempt from import tax as specified in point d of paragraph 6 article 16 of Decree 149/2005/ND-CP on 08/12/2005 of the Government detailing the export tax law enforcement , Import tax (hereinafter the Decree No. 149/2005/ND-CP).

b) imported materials to create fixed assets for other electric projects electrical projects stipulated in point a of this paragraph, make free imported tax as specified in point d and point VND account 6 article 16 of Decree 149/2005/ND-CP.

c) records, tax exemption procedures: depending on the time of registration of the category of goods duty free import of projects that comply with the provisions of circular No. 59/2007/TT-BTC dated 14/6/2007 of the Ministry of Finance shall guide the implementation of export tax, import tax, the tax administration for export goods import or circular No. 79/2009/TT-BTC on 20/4/2009 of the Ministry of finance guidelines on customs procedures; check, customs supervision; the export tax, import tax and tax administration for export and import goods (hereafter referred to as the circular number 79/2009/TT-BTC).

d) for imported materials for electrical projects stipulated in point a of this paragraph, in addition to making records, tax exemption procedures specified in point c of this paragraph, a registrant directory of goods imported tax-free must present to the Customs authorities a written approval of the Government The Prime Minister, (1 copy), the text confirmed by Industry (1 original) and provide a demonstration and/or installation location description use of materials, raw materials technology scheme for customs registration customs declarations for the first time since the day this circular effect.

1.2. Material, imported from 17/12/2010 onwards: a) the imported materials and means of service for power projects by the Government, the Prime Minister approved the import tax exemption prescribed in paragraph d 6 article 16 of Decree 149/2005/ND-CP records, follow the tax exemption procedures prescribed in points c and d account 1.1 but does not include the text confirmed by the Ministry of industry and trade.

b) imported materials to create fixed assets for other electric projects electrical projects stipulated in point a of this paragraph, make free imported tax as specified in point d and point VND account 6 article 16 of Decree 149/2005/ND-CP records, follow the tax exemption procedures specified in point 1.1 paragraph 2 c. With respect to the licensed power project investment, investment incentive certificates from 01/10/2010 onwards: 2.1. Raw materials, materials to make fixed properties of the project to be imported duty-free under the provisions of point d and point VND account 6 article 16 Decree 87/2010/ND-CP.

2.2. Profile, tax procedures depending on the time of registration of the category of goods duty free import of projects that comply with the provisions of circular No. 79/2009/TT-BTC or circular No. 194/2009/TT-BTC on 06/12/2010 of the Ministry of finance guidelines on customs procedures; check, customs supervision; the export tax, import tax and tax administration for export and import goods.

Article 3. Value added tax 1. For raw materials, imported materials before 01/01/2009:1.1. Raw materials import for power projects by the Government, the Prime Minister for approval (defined as raw materials used to manufacture, the machinery is in line for the technology to assemble or use Sync to sync with the device, the main machinery): not subject to value added tax according to the provisions of paragraph 4 Article 4 of Decree 158/2003/ ND-CP on 10/12/2003 detailing the Government's enforcement of the law on value-added Tax and the law on amendments and supplements to some articles of the law on value added Tax (hereinafter the Decree 158/2003/ND-CP).

1.2. imported materials for electric power project to other projects prescribed in clause 1.1: subject to value added tax according to the provisions of Decree No. 158/2003/ND-CP.

2. for raw materials imported for power projects since October 1, 2009 onwards: subject to value added tax according to the provisions of the law on value added tax on 03/6/2008 and documents guiding the implementation.

Article 4. Implementation for imported goods to be imported duty-free under the provisions of art. 1.1, art. 1.2 article 2 and not subject to value added tax as defined in clause 1.1 of article 3 that the import unit has filed taxes, including fines (if any) into the State budget at the discretion determined tax (or tax), tax (complete implementation including the fine, if any) or deducted from the amount of tax paid under the provisions of the next tax laws on tax management.

Article 5. Effect 1. This circular effect since April 30, 2011 and abolish No. 12609/BTC-CST on 21/9/2010 of the Ministry of finance guidelines on import tax and value added tax for supplies, construction equipment, electrical works.

2. In the process of implementing if there difficult obstacles, suggest the agency unit, reflecting on the Finance Ministry to research, timely instructions./.