Some new points on tax declaration, tax calculation and payment of special consumption tax in Vietnam

Hello to the editorial board, according to this regulation, enterprises that do not regularly generate real estate transfer shall declare CIT according to each time when real estate transfer activities arise. At the end of the tax year, the enterprise shall carry out CIT finalization procedures for all real estate transfer activities, which have temporarily paid CIT quarterly or each time it is incurred at the head office. I know that Circular 80/2021/TT-BTC has amended this regulation. So what is that modification?

New points on tax declaration, tax calculation, distribution and payment of excise tax?

Pursuant to Section 7 of Appendix 1 issued with Official Letter 4384/TCT-CS in 2021, introducing new contents on tax declaration, tax calculation, distribution and payment of excise tax as follows:

New point: Regulations on the allocation of special consumption tax payable for computerized lottery business in other provinces.

Previously: Taxpayers distributed the payable excise tax amounts for electronic lottery business from other provinces according to the instructions in Official Letter 4311/TCT-DNL dated October 3, 2014 of the General Department of Labor. Tax.

Some new points on tax declaration, tax calculation and payment of special consumption tax in Vietnam

New points on tax declaration, tax calculation, tax finalization, distribution and payment of corporate income tax, except for hydropower plants located in many provinces?

Pursuant to Section 9, Appendix 1 issued with Official Letter 4384/TCT-CS in 2021, introducing new points on tax declaration, tax calculation, tax finalization, distribution and payment of corporate income tax, except for hydropower plants located in in many provinces as follows:

(1) New point 1: Amendment of criteria for allocation of temporarily paid quarterly CIT amount and payable CIT amount according to the annual finalization of taxpayers and centrally accounting at the head office with a production establishment as a subsidiary unit. The business location in the province is different from the place where the head office is located, specifically:

- Modify the allocation ratio (%) between the costs of each production facility over the total costs of the taxpayer (excluding the cost of activities entitled to CIT incentives). The cost to determine the allocation ratio is the actual cost incurred in the tax period.

- Modifying criteria for determining payable corporate income tax amounts of production and business activities, excluding corporate income tax payable for activities eligible for corporate income tax incentives. The payable corporate income tax amount of activities entitled to incentives is determined according to the production and business results of the activities entitled to incentives and the level of incentives.

Previously: According to the provisions of Article 13 of Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance, the allocation ratio is determined according to the expense ratio of the subsidiary accounting production establishment. dependent on the total expenses of the enterprise based on the enterprise's income tax finalization data of the year preceding the tax year or the 2008 corporate income tax finalization data (for enterprises established before 2008). ) or according to the expense ratio for the first tax period determined by the enterprise itself (for newly established enterprises, operating enterprises that have established more or narrowed dependent cost-accounting production establishments in Vietnam). localities).

(2) New point 2: Amending regulations on criteria for determining quarterly CIT temporarily payable and payable CIT amount allocated to each province according to the annual finalization for real estate transfer activities in other provinces. where taxpayers are headquartered at the rate of 1% of revenue subject to CIT.

At the end of the year, when making a joint settlement at the head office, the taxpayer determines the payable CIT amount according to the actual business results of all real estate transfer activities in the year and the payable CIT amount for each year. the provincial. The amount of CIT temporarily paid in the year in the provinces (excluding the temporarily paid tax amount for the revenue from the implementation of infrastructure investment projects, houses for transfer or lease-purchase, with advance payment from customers) progress, but this revenue has not been included in the taxable turnover of the year) is deducted from the payable CIT amount from the real estate transfer of each province on form No. 03-8A/TNDN , if not yet fully deducted, continue to deduct from CIT payable from real estate transfer according to the final settlement at the head office on form No. 03/TNDN.

Previously: In the Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance, stipulating that enterprises that do not regularly generate real estate transfer activities, declare CIT according to each time they arise. real estate transfer; Enterprises that regularly generate real estate transfer activities shall pay provisional CIT on a quarterly basis or declare CIT according to each time it is incurred at the place where the real estate transfer activities take place. At the end of the tax year, the enterprise shall carry out CIT finalization procedures for all real estate transfer activities that have temporarily paid CIT quarterly or each time it is incurred at the head office.

(3) New point 3: Regulations on the allocation of payable CIT amounts for computerized lottery business from other provinces.

Previously: Taxpayers distributed the payable CIT amount for electronic lottery business from other provinces according to the percentage of sales revenue in the locality according to the instructions in Official Dispatch No. 4311/TCT-DNL dated October 3, 2014 of the General Department of Taxation.

Above are some new points on tax declaration, tax calculation, payment of special consumption tax, environmental protection tax, corporate income tax according to Circular 80/2021/TT-BTC that organizations and individuals need Timely and accurate updates.

Khanh Linh

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