Which groups of goods and services are subject to excise tax in Vietnam? When is the excise tax refunded in Vietnam?
Which groups of goods and services are subject to excise tax in Vietnam? When is the excise tax refunded in Vietnam? Looking forward to the answer. Question from Mr. Hoa in Dong Thap.
Which groups of goods and services are subject to excise tax in Vietnam?
According to Article 2 of the Law on Excise Tax 2008 amended by Article 1 of the Law on Excise Tax 2014, the taxable objects are as follows:
Taxable objects
1. Goods:
a/ Cigarettes, cigars and other tobacco preparations used for smoking, inhaling, chewing, sniffing or keeping in mouth;
b/ Liquor;
c/ Beer;
d/ Under-24 seat cars, including cars for both passenger and cargo transportation with two or more rows of seats and fixed partitions between passenger holds and cargo holds;
e/ Two- and three-wheeled motorcycles of a cylinder capacity of over 125 cm3;
f/ Aircraft and yachts;
...
Therefore, the groups of goods and services subject to excise tax include:
(1) Goods:
+ Cigarettes, cigars and other tobacco preparations used for smoking, inhaling, chewing, sniffing or keeping in mouth;
+ Liquor;
+ Beer;
+ Under-24 seat cars, including cars for both passenger and cargo transportation with two or more rows of seats and fixed partitions between passenger holds and cargo holds;
+ Two- and three-wheeled motorcycles of a cylinder capacity of over 125 cm3;
+ Aircraft and yachts;
+ Gasoline;
+ Air-conditioners of 90,000 BTU or less;
+ Playing cards;
+ Votive gilt papers and votive objects.
(2) Services:
+ Dance halls:
+ Massage parlors and karaoke bars;
+ Casinos; prize-winning video games, including jackpot and slot games and games on similar machines;
+ Betting;
+ Golf business, including the sale of membership cards and golf playing tickets;
+ Lottery business.
Which groups of goods and services are subject to excise tax in Vietnam? When is the excise tax refunded in Vietnam? (Image from the Internet)
When is the excise tax refunded in Vietnam?
According to Article 8 of the Law on Excise Tax 2008, the tax refund is regulated as follows:
Tax refund and deduction
1. Excise taxpayers may have the paid tax amounts refunded in the following cases:
a/ Goods temporarily imported for re-export:
b/ Goods which are raw materials imported for export production and processing;
c/ Finalization of overpaid tax amounts upon merger, consolidation, separation, split-up. dissolution, bankruptcy, ownership change, enterprise transformation or operation termination;
d/ Upon issuance of tax refund decisions by competent agencies under law. and cases of excise tax refund under treaties to which the Socialist Republic of Vietnam is a contracting party.
The excise tax refund under Points a and b of this Clause is applicable only to actually exported goods.
...
Therefore, taxpayers are eligible for the excise tax refund in the following cases:
- Goods temporarily imported for re-export:
- Goods which are raw materials imported for export production and processing;
- Finalization of overpaid tax amounts upon merger, consolidation, separation, split-up. dissolution, bankruptcy, ownership change, enterprise transformation or operation termination;
- Upon issuance of tax refund decisions by competent agencies under law. and cases of excise tax refund under treaties to which the Socialist Republic of Vietnam is a contracting party.
When is the time for determination of special excise tax (SET) in Vietnam?
According to Clause 12 of Article 5 of Circular 195/2015/TT-BTC, the taxable price is as follows:
Taxable price
...
12. Time for determination of SET:
- For goods: the time of earning revenue is the time of transferring the right to own or use the goods to the buyer, whether the payment is collected or not.
- For services: the time of earning revenue is the time of completion of service provision or issuance of the invoice for service provision buyer, whether the payment is collected or not.
- For imported goods: time of registration of the customs declaration.
...
Therefore, the time for determination of SET is as follows:
- For goods: the time of earning revenue is the time of transferring the right to own or use the goods to the buyer, whether the payment is collected or not. For imported goods: time of registration of the customs declaration.
- For services: the time of earning revenue is the time of completion of service provision or issuance of the invoice for service provision buyer, whether the payment is collected or not.
Best regards!
