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Circular 18/2011/tt-Btc: Modifying, Supplementing Circular No. 130/2008/tt-Btc Dated 26/12/2008 Of The Ministry Of Finance Shall Guide The Implementation Of Some Articles Of The Corporate Income Tax Law No. 14/2008/qh12 And Guide ...

Original Language Title: Thông tư 18/2011/TT-BTC: Sửa đổi, bổ sung Thông tư số 130/2008/TT-BTC ngày 26/12/2008 của Bộ Tài chính hướng dẫn thi hành một số điều của Luật Thuế thu nhập doanh nghiệp số 14/2008/QH12 và hướng dẫn ...

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The income tax transfer Price =-the purchase price of the stake transfer-transfer costs of which:-Transfer Price is defined as the total value of the reality according to the market price that the party obtained by transfer of the contract of assignment.

The case of the capital transfer payment provisions in the form of installment, deferred, the turnover of the contract of assignment does not include deferred interest, installment interest rate according to the time limit stipulated in the contract.

Transfer case not stipulated payment price or tax authorities have a basis to determine the rates of payment not appropriated according to the market price, the tax authorities have the right to examine and determine the transfer price. Business transfer of a shares in the business that the transfer price for the shares does not fit under market value then the tax authorities determined the entire value of the business at the time of the transfer to redefine the transfer price corresponding to the equity transfer.

The fixed base transfer prices based on the materials of the investigation of the tax authorities or the base price of the capital transfer in other cases at the same time, the same economic organizations or other similar conveyance contracts at the time of the transfer. The case of the fixed price assignment of tax bodies do not match are based on the valuation price of the professional valuation organization competent to determine the transfer price at the time of the transfer in accordance with the regulations.

-The purchase price of the portion of capital transfer (which) is determined on the basis of the books, accounting of capital on the basis of the business of the Organization, the individual assignment of capital at the time of the transfer of capital and are parties to business or join the business cooperation contract validation , or the results of independent audits for companies with 100% foreign-owned businesses.

The case of accounting business in foreign currencies (already approved by the Ministry of Finance) has a capital transfer in foreign currency, the transfer price and the purchase price of the portion of capital transfer is determined by the Council of the Exchange; The case of accounting business in Vietnam have equity transfer in foreign currency, the transfer price shall be determined by the Council of Vietnam according to the exchange rate at the time of the transfer.

-The cost of the transfer is the actual expenses directly related to the assignment, have the vouchers, valid invoice. Case of transfer costs incurred abroad, the original document must be a certified agency or independent audit of water have cost confirmation and vouchers must be translated into Vietnamese (certified by the authorized representative).

Transfer costs include: costs to make the legal procedures necessary for the assignee; the fees and charges payable upon assignment; the transaction costs, negotiation, Contracting and other costs have since demonstrated.

c additional 3.1 points) E the following: transfer of business case which received that money received by the property, physical benefits other (stocks, fund certificates ....) there arose the income earnings are defined as other earnings and declare on taxable income when calculating the corporate income tax.

d) modify, Supplement E 3.2 points as follows: for foreign business organization in Vietnam or have income in Vietnam that this organization does not operate according to the investment law, business law (foreign contractor) have active transfer of capital.

The Organization, the individual assignee which is responsible for identifying, enumerate, deducted and remitted foreign organizations instead of corporate income tax payable. Side case the assignee which is also not foreign organizations operating under the investment law, business law, the enterprise established under the law of Vietnam where foreign investment institutions which are responsible to declare and pay tax changes to be paid for from capital transfer activities of foreign organizations.

6. Tax from property transfer.

a) modify, Supplement 1 section I Part G as follows: businesses of all economic sectors, industries have the income from the transfer of land use right or land rent right, transfer; the property business has revenue from sublease of land subject to tax income from transfer of property.

Income from transfer of property includes the following forms:-income from transfer of land use right or land rent right, transfer; income from lease back land.

-Income from the transfer of land use right or land rent right transfer, tied to property on the ground; revenue from sublease of land attached to property on the ground. Property on the ground include: + housing;

+ Infrastructure;

+ Architectural works on land;

+ Other properties associated with land cover the property is agricultural, forestry, fishery (crop, livestock);

-Income from the transfer of ownership or the right to use accommodation.

Income from lease back of real estate business does not include the business case just rental homes, infrastructure, architectural works on land.

b) additional amendments to part III section 5 G as follows: the case of credit institutions get the property values are property secured loan to replace for the implementation of the obligation secured, the credit institution when it allowed the transfer of real property under the provisions of the law have to declare income from transfer activities into real estate State book. The case of auctioning property is property secured loan, then proceeds to make payments according to the provisions of the Government about loan guarantees of credit institutions and tax declaration according to regulation. After the payment on the remaining amount, charged to the business organization has a mortgage of real property to secure the loan.

The case of credit institutions are allowed to transfer the property was mortgaged in accordance with the law to recover the capital if not determine the price of capital property, the cost prices shall be determined by (=) the loan is charged according to the real estate mortgage contract plus (+) interest costs not yet paid to the broadcasting time forever real estate mortgage credit contract plus (+) the expenses incurred when the conveyance of real property if there are bills, legal documents.

c) modify, Supplement 6 section III Part G as follows: where the court enforcement agency real estate auction is guaranteed asset execution then proceeds to follow the provisions in the Decree of the Government levy, auctions of land use to ensure the enforcement of the judgment. The organization is authorized to auction property taken declaring the income tax deducted from transfer of property filed into the State budget. On the certificate from the clearly declared, pay tax instead of selling the property to ensure enforcement of the judgment.

The case agency execution transfer of property is the property to ensure enforcement of the judgement if not determine the price of capital property, the cost prices shall be determined by (=) the amount of the debt to repay according to the decision of the Court to enforce the judgment plus (+) the expenses incurred when the conveyance of real property if there is evidence of legal bills.

7. tax incentives.

a) 2.2 points supplement section I Part H the following content: the case of new business from the investment projects that investment projects in the country have capital scale under fifteen (15) billion Vietnam and does not belong in the category fields of investment condition records to determine the project's business registration certificate.

The business case established that investment projects from new investment projects in the country have capital scale from fifteen (15) billion to Vietnam under three hundred (300) billion Vietnam and does not belong in the category fields of investment condition, the investors make investment registration form at State agencies provincial investment management.

b) amend Section H section I 2.5 points as follows: cases in business arising from business activities entitled to tax incentives were holes, operations do not enjoy tax incentives, other income of the business activity (not including income from real estate transfer operations) revenue (or vice versa) then the clearing business into the taxable income of the the operating income is due to the choice of business. Income remaining after offset applicable tax rate tax rate of work income.

c) 1.3 category III point supplement Part H as follows: To enjoy tax incentives under the business case established a new investment project to the career development of water plants, power plants, water supply and drainage system; bridges, roads, railways; airports, seaports, river ports; the airport, the train station and the infrastructure work is particularly important because the Prime Minister decided the business must arise, the income from the operation of the project mentioned above. The case of the construction enterprises, construction of this work, the income from construction activities, construction works are not entitled to tax incentives.

d) modify, Supplement 5 part I as follows:-enterprises operating in other areas but there arose the income from the activity in the field of education, vocational training, health, sports, culture and the environment (hereinafter referred to as the field of socializing) if the eligible list types , the criteria of the scale, standards for the field of socialization by the Prime Minister, then the tax rules tax 10% throughout the period of activity for income gained from operating in the fields of education, vocational training, health, culture, sports and the environment since 01/01/2009.


-Businesses that operate in the field of socializing before 01/01/2009 and eligible list types, scale criteria, standards of the social sector by the Prime Government regulations which are currently applicable tax rate higher than 10% of income from the operation socialization, was moved to the 10% tax rate applies to income from socialization activities since 01/01/2009.

e) Supplement part I the following:-from 1/1/2009, agricultural service cooperatives have income from agricultural service activities and the people's credit funds are tax of 20%, including the case of agricultural service cooperatives and people's credit fund was created before 1/1/2009 but not yet entitled to preferential tax rates or expired time to enjoy the tax incentives tax (not including cases of agricultural service cooperatives and the people's credit funds are applied tariff of 10%).

-Manufacturing enterprise software products are enjoy tax incentives under the investment license or certificate has been granted investment incentives that preferential tax rates (including preferential tax rates, tax, tax breaks) Circular No. 130/2008/TT-BTC higher incentive provisions in the investment license or certificate of investment incentives, the business is Turning to incentives under the incentive levels specified in circular No. 128/2008/TT-BTC for the time remaining from the period of 2009.

-Not to apply tax incentives for income from mining operations of enterprises was established and granted the investment license of mining activity from 01/01/2009. The case of mining business activities before 01/01/2009 are entitled to the preferential enterprise income tax according to the provisions in the legal text before corporate income tax or investment license or certificate of investment incentive granted shall continue to be entitled to the preferential rate for the remaining time.

Article 2. The Organization made.

This circular effect after 45 days from the date of signing and applied from enterprise income tax calculation period in 2011.

The contents of this circular Guide and the content is not contrary to the content of this circular instruction is performed as specified in circular No. 128/2008/TT-BTC dated 26/12/2008 of the Ministry of Finance on tax.

Abolish circular No. 177/2009/TT-BTC dated 10/9/2009 of the Guide determines the taxable income disparity in rates of the debt must be paid in foreign currency.

Alternative lists for the purchase of goods and services purchased on no invoice model No. TNDN/01 (attached to circular No. 130/2008/TT-BTC dated 26/12/2008 of the Ministry of Finance). Business case to buy goods and services without an invoice are allowed to set up lists for the purchase of goods, purchase of services on under rules made up statements attached to this circular.

In the process, if there are difficulties and obstacles, the proposal reflects the units of the Ministry of finance to be timely settlement instructions./.