Decree 281: Income subject to enterprise income tax in Vietnam

This is a notable content of Decree No. 218/2013/NĐ-CP of Vietnam’s Government detailing and guiding the implementation of the Law on Enterprise Income Tax.

nguoi nop thue thu nhap doanh nghiep, nghi dinh 218/2013/NĐ-CP

According to Decree No. 218/2013/NĐ-CP of Vietnam’s Government, taxpayers are determined as follows:

- The taxpayers as prescribed in Clause 1, Article 2 of the Law on Enterprise Income Tax of Vietnam include:

+ Enterprises established and operating under regulations of Enterprise Law, Investment Law, the Law on Credit Institutions, Insurance Business Law, Securities Law, Petroleum Law, Commercial Law and the provisions of other legal documents in the forms: Joint stock companies, limited liability companies, partnerships, private enterprises, the parties in a business cooperation contract, the parties in petroleum product sharing contract, petroleum joint venture enterprises and joint operating companies;

+ Enterprise established under the regulations of foreign law (hereinafter referred to as foreign enterprises) with or without a permanent establishment in Vietnam;

+ Public and business enterprises or non-public and non-business enterprises producing and trading goods have their taxable income as prescribed in Article 3 of this Decree;

+ Organizations established and operating under the Law on Cooperatives;

+ Other organizations other than the ones specified at Points a, b, c, d of this Clause with the business and production activities have their taxable income as prescribed in Article 3 of this Decree;

- Organizations established and operating (or registering operation) under regulations of Vietnamese law, the business individuals as taxpayers by the method of deduction at source in case of purchase of services (including purchase of services associated with goods or purchase of goods provided or distributed in the form of in-country import export or under international commercial terms) based on contract signed with foreign enterprises specified at Point c and d, Clause 2, Article 2 of the Law on Enterprise Income Tax of Vietnam.

View more details at Decree No. 218/2013/NĐ-CP of Vietnam’s Government, effective from February 15, 2014.

Thu Ba

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