Issued Circular 41/2024/TT-BTC amending and supplementing Circular 44/2017/TT-BTC and Circular 152/2015/TT-BTC on resource tax
Circular 41/2024/TT-BTC amending and supplementing Circular 44/2017/TT-BTC and Circular 152/2015/TT-BTC on resource tax
On May 20, 2024, the Minister of Finance issued Circular 41/2024/TT-BTC to amend and supplement certain articles of Circular 44/2017/TT-BTC stipulating the price framework for resource tax calculation for groups and types of resources with similar physical and chemical properties and Circular 152/2015/TT-BTC on Resource Tax.
According to Article 3 of Circular 41/2024/TT-BTC, the provisions are as follows:
Implementation Provisions
1. This Circular shall take effect from July 15, 2024.
2. During implementation, if there are any difficulties, it is requested that provincial-level People's Committees, organizations, and individuals report them to the Ministry of Finance for review and resolution.
Circular 41/2024/TT-BTC shall take effect from July 15, 2024.
Circular 41/2024/TT-BTC amends, supplements Circular 44/2017/TT-BTC and Circular 152/2015/TT-BTC as follows:
(1) Amending, supplementing Circular 44/2017/TT-BTC:
- Amend and supplement Article 6 of Circular 44/2017/TT-BTC.
(2) Amending and supplementing several articles of Circular 152/2015/TT-BTC:
- Abolish Clause 5.2 of Article 6 of Circular 152/2015/TT-BTC.
- Amend Clause 5.3 of Article 6 of Circular 152/2015/TT-BTC.
- Amend Point a, Clause 1 of Article 13 of Circular 152/2015/TT-BTC.
A new Circular 41/2024/TT-BTC has been issued to amend and supplement Circular 44/2017/TT-BTC and Circular 152/2015/TT-BTC on resource tax
How are the new price frameworks for resource tax calculation adjusted and supplemented under Circular 41/2024/TT-BTC?
According to Article 1 of Circular 41/2024/TT-BTC amending and supplementing Article 6 of Circular 44/2017/TT-BTC, the adjustment and supplementation for the resource tax calculation price framework are regulated as follows:
- Cases for adjustment and supplementation of the resource tax price framework:
+ The common market price of resources fluctuates by more than 20% compared to the minimum price level of the resource tax calculation price framework;
+ The common market price of resources fluctuates by more than 20% compared to the maximum price level of the resource tax calculation price framework;
+ A new type of resource arises that has not been regulated in the resource tax calculation price framework.
- In the case where the common market price of resources fluctuates by more than 20% compared to the minimum price level of the resource tax calculation price framework, the provincial People's Committee shall be responsible for sending a document to the Ministry of Finance to provide information along with a proposal, dossier, and detailed explanation plan as a basis for considering the adjustment of the resource tax price framework. The provincial People's Committee shall only issue the resource tax calculation price table or the document prescribing the adjustment of the resource tax calculation price table after the Ministry of Finance adjusts the resource tax calculation price framework.
- In the case where the common market price of resources fluctuates less than or up to 20% compared to the minimum price level, or higher but not exceeding 20% compared to the maximum price level of the resource tax calculation price framework, the Department of Finance shall take the lead in cooperation with relevant agencies to determine and submit to the provincial People's Committee to issue the resource tax calculation price table or the document prescribing the adjustment of the resource tax calculation price table.
- In the case where the common market price of resources fluctuates by more than 20% compared to the maximum price level of the resource tax calculation price framework, the Department of Finance shall take the lead in cooperation with relevant agencies to determine and submit to the provincial People's Committee to issue the resource tax calculation price table or the document prescribing the adjustment of the resource tax calculation price table.
After issuing the resource tax calculation price table or the document prescribing the adjustment of the resource tax calculation price table, the provincial People's Committee shall be responsible for sending a document to the Ministry of Finance providing information along with a proposal, dossier, and detailed explanation plan as a basis for considering the adjustment of the resource tax price framework.
- In the case of the emergence of a new type of resource that has not been regulated in the resource tax calculation price framework, the Department of Finance shall take the lead in cooperation with relevant agencies based on the common market transaction prices or the selling price of that resource on the market to determine and submit to the provincial People's Committee to issue the resource tax calculation price table or the document prescribing the addition of the resource tax calculation price table for this type of resource.
After issuing the resource tax calculation price table or the document prescribing the addition of the resource tax calculation price table, the provincial People's Committee shall be responsible for sending a document to the Ministry of Finance providing information along with a proposal, dossier, and detailed explanation plan as a basis for considering the supplementation of the resource tax price framework.”
How should the provincial People's Committees organize the implementation of Circular 152/2015/TT-BTC?
According to Article 13 of Circular 152/2015/TT-BTC amended by Clause 3, Article 2 of Circular 41/2024/TT-BTC, the provincial People's Committees are responsible for organizing the implementation of Circular 152/2015/TT-BTC as follows:
- Direct the Department of Finance to take the lead in cooperation with relevant agencies to develop the resource tax calculation price table applied locally; regularly review and adjust in line with market fluctuations;
- Direct the Tax, Finance, Natural Resources and Environment, State Treasury, and related agencies to coordinate in implementing resource tax management according to the guidance of Circular 152/2015/TT-BTC.
Currently, the regulations for the provincial People's Committees to organize the implementation of Circular 152/2015/TT-BTC are as follows:
Implementation Organization
1. The provincial People's Committee shall be responsible for:
a) Directing the Department of Finance to cooperate with the Department of Natural Resources and Environment, the Tax Department to develop resource tax calculation price tables applied locally; regularly review and adjust in line with market fluctuations.
b) Directing the Tax, Finance, Natural Resources and Environment, State Treasury, and related agencies to coordinate in implementing resource tax management according to this Circular.
2. This Circular takes effect from November 20, 2015, replacing Circular No. 105/2010/TT-BTC dated July 23, 2010, of the Ministry of Finance.
During implementation, if there are any difficulties, it is requested that organizations and individuals promptly report them to the Ministry of Finance for review and timely resolution./.
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