13:52 | 16/09/2024

How much is the land use tax rate for land of investment projects in domains eligible for special investment promotion in Vietnam?

Is the land of investment projects in domains eligible for special investment promotion subject to land use tax in Vietnam? If so, what is the rate?

How much is the land use tax rate for land of investment projects in domains eligible for special investment promotion in Vietnam?

Based on Article 9 of the Law on Non-Agricultural Land Use Tax 2010, the provisions are as follows:

Tax Exemption

1. Land of investment projects in fields specially encouraged for investment; investment projects in areas with particularly difficult socio-economic conditions; investment projects in fields encouraged for investment in areas with difficult socio-economic conditions; land of enterprises using over 50% of the workforce being war invalids and sick soldiers.

2. Land of facilities implementing private investment in activities in the fields of education, vocational training, healthcare, culture, sports, and environment.

3. Land for building charitable houses, solidarity houses, facilities for the elderly, disabled, orphans; social disease treatment facilities.

4. Residential land within the limit in areas with particularly difficult socio-economic conditions.

5. Residential land within the limit of people who participated in revolutionary activities before August 19, 1945; war invalids of grade 1/4, 2/4; people entitled to policies such as war invalids of grade 1/4, 2/4; sick soldiers of grade 1/3; heroes of the people's armed forces; Vietnamese heroic mothers; biological parents, foster parents who took care of martyrs when they were young; spouses of martyrs; children of martyrs receiving monthly allowances; people who participated in revolutionary activities affected by Agent Orange; people affected by Agent Orange whose family circumstances are difficult.

6. Residential land within the limit of poor households as defined by the Government of Vietnam.

7. Households and individuals who have homestead land recovered according to approved planning and plans by competent state agencies are exempted from tax in the actual year of recovery for both the recovered land and the new residential place.

8. Land with garden houses certified by competent state agencies as historical-cultural relics.

9. Taxpayers facing difficulties due to force majeure events if damage to land and houses on land exceeds 50% of the taxable value.

Investment projects in specially encouraged fields are subject to exemption from non-agricultural land use tax, thus the payable amount is 0 Dong.

How much land use tax do investment projects in specially encouraged fields pay?

How much is the land use tax rate for land of investment projects in domains eligible for special investment promotion in Vietnam? (Image from the Internet)

What are the tax exemption principles for taxpayers who have many investment projects eligible for tax exemption in Vietnam?

Based on Article 11 of the Law on Non-Agricultural Land Use Tax 2010, the provisions are as follows:

Principles of Tax Exemption and Reduction

1. Taxpayers eligible for both tax exemption and reduction for the same parcel will be exempt from tax; taxpayers eligible for multiple tax reductions as specified in Article 10 of this Law will be exempt from tax.

2. Taxpayers of homestead land are only allowed tax exemption or reduction at one place chosen by the taxpayer, except as specified in Clause 9 of Article 9 and Clause 4 of Article 10 of this Law.

3. Taxpayers with multiple tax-exempt or reduced investment projects shall implement exemption and reduction for each investment project.

4. Tax exemption and reduction are directly applied to taxpayers and calculated only on the tax amount payable as stipulated by this Law.

Taxpayers who have many investment projects eligible for tax exemption shall implement tax exemption for each investment project.

What are the regulations on non-agricultural land use tax registration, declaration, calculation and payment in Vietnam?

Based on Article 8 of the Law on Non-Agricultural Land Use Tax 2010, the registration, declaration, calculation and payment of non-agricultural land use tax are conducted as follows:

- Taxpayers register, declare, calculate and pay tax as per the legal regulations on tax management.

- Taxpayers register, declare, calculate and pay tax at the tax authority of the district, town, district-level town, or city within the province where they have land-use rights.

In remote and difficult travel conditions, taxpayers can register, declare, calculate and pay tax at the commune-level People's Committee. The tax authority facilitates taxpayers to fulfill their obligations.

- In cases where taxpayers have land-use rights on multiple parcels, the taxable area is the total area of taxable parcels within the province, city under central authority. The registration, declaration, calculation, and payment of taxes are specified as follows:

+ Taxpayers register, declare, calculate and pay tax at the tax office of the district, town, district-level town, or city within the province where they have land-use rights;

+ Taxpayers choose the homestead land limit in one district, town, district-level town, or city within the province where they have land-use rights. In cases where one or more parcels exceed the limit, taxpayers choose one place with parcels exceeding the limit to determine the excess area of the parcels.

The taxable price is applied according to the land price of each district, town, district-level town, or city within the province where the parcel is located.

Taxpayers shall prepare a consolidated declaration in the prescribed form to determine the total area of parcels under their use rights and the tax amount already paid, and submit it to the tax authority where they have chosen to determine the homestead land limit to pay the difference between the tax amount payable as stipulated by the Law on Non-Agricultural Land Use Tax 2010 and the tax amount already paid.

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