Vietnam: What are supplements to the entry 1050 "Corporate Income Tax" according to Circular 84?

Vietnam: What are supplements to the entry 1050 "Corporate Income Tax" according to Circular 84?

On November 26, 2024, the Ministry of Finance issued Circular No. 84/2024/TT-BTC (effective from January 10, 2025) to amend and supplement certain articles of Circular 324/2016/TT-BTC which regulates the state budget index system, as amended and supplemented by Circular 93/2019/TT-BTC and Circular 51/2022/TT-BTC of the Ministry of Finance.

According to Point a, Clause 6, Article 1 of Circular No. 84/2024/TT-BTC, the regulations are as follows:

Amend and supplement certain articles and lists issued together with Circular No. 324/2016/TT-BTC dated December 21, 2016 (Circular No. 324/2016/TT-BTC) and Circular No. 93/2019/TT-BTC dated December 31, 2019 (Circular No. 93/2019/TT-BTC) of the Minister of Finance

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6. Amend and supplement the entry, Sub-entry codes stipulated in Appendix III issued together with Circular No. 324/2016/TT-BTC as follows:

a) Supplement Sub-entry 1058 "Corporate Income Tax supplemented according to global minimum tax regulations" under entry 1050 "Corporate Income Tax".

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Thus, entry 1050 "Corporate Income Tax" prescribed in Appendix 3 issued together with Circular 324/2016/TT-BTC is supplemented with Sub-entry 1058 "Corporate Income Tax supplemented according to global minimum tax regulations"

Vietnam: What are supplements to the entry 1050 "Corporate Income Tax" according to Circular 84? (Image from the Internet)

What are the taxable incomes for corporate income tax in Vietnam?

Based on Article 3 of the 2008 Corporate Income Tax Law (amended by the 2014 Law amending the Tax Laws), taxable incomes include:

- Taxable income includes income from production and business activities of goods and services;

- Other incomes include: income from the transfer of capital, transfer of contribution rights; income from real estate transfers, transfer of investment projects, transfer of participation rights in investment projects, transfer of exploration, exploitation, processing of minerals; income from the use rights of assets, ownership rights of assets, including intellectual property rights as prescribed by law; income from the transfer, lease, liquidation of assets, including valuable documents; income from deposit interest, lending capital, foreign currency trading; recoveries from bad debts that have been written off; recoveries from payables without creditors; income from missed business income from previous years and other incomes.

Vietnamese enterprises investing abroad and transferring the income portion after paying corporate income tax abroad back to Vietnam shall comply with the provisions of the double taxation avoidance agreements if Vietnam has signed such agreements with those countries; otherwise, if the corporate income tax rate in those countries from which the enterprises are transferring income back is lower, the difference with the corporate income tax rate calculated according to the 2008 Corporate Income Tax Law of Vietnam is levied.

Which entities are corporate income taxpayers in Vietnam?

Based on Article 2 of the 2008 Corporate Income Tax Law (amended by Clause 1, Article 1 of the 2013 amended Corporate Income Tax Law), the entities subject to corporate income tax are stipulated as follows:

- The entities subject to corporate income tax are organizations engaged in the production and business of goods and services with taxable income as per the 2008 Corporate Income Tax Law (hereinafter referred to as enterprises), including:

+ Enterprises established in accordance with Vietnamese law;

+ Enterprises established under foreign law (hereinafter referred to as foreign enterprises) having a permanent establishment or not having a permanent establishment in Vietnam;

+ Organizations established under the 2023 Cooperative Law;

+ Public service units established in accordance with Vietnamese law;

+ Other organizations engaged in production, business activities with income.

- Enterprises having taxable income as stipulated in Article 3 of the 2008 Corporate Income Tax Law must pay corporate income tax as follows:

+ Enterprises established under Vietnamese law must pay tax on taxable income arising in Vietnam and taxable income arising outside of Vietnam;

+ Foreign enterprises with a permanent establishment in Vietnam must pay tax on taxable income arising in Vietnam and taxable income arising outside of Vietnam related to the activities of such permanent establishment;

+ Foreign enterprises with a permanent establishment in Vietnam must pay tax on taxable income arising in Vietnam that is not related to the activities of the permanent establishment;

+ Foreign enterprises without a permanent establishment in Vietnam must pay tax on taxable income arising in Vietnam.

- A permanent establishment of a foreign enterprise is a production, business base through which the foreign enterprise partially or wholly conducts its production, business activities in Vietnam, including:

+ Branches, executive offices, factories, workshops, means of transport, oil wells, gas mines, or sites of resource exploration, exploitation, or extraction in Vietnam;

+ Construction sites, construction works, installations, assemblies;

+ Service provision facilities, including consulting services, through employees or other organizations, individuals;

+ Agents for the foreign enterprise;

+ Representatives in Vietnam authorized to sign contracts in the name of the foreign enterprise, or representatives without such authority regularly performing the delivery of goods or supply of services in Vietnam.