The Ministry of Finance has recently issued Official Dispatch 15888/BTC-CST providing guidance on contractor tax policy regarding the transfer of trademark usage rights.
Foreign enterprises, if they incur income from activities of transferring trademark use rights that comply with the legal provisions on intellectual property, this income shall be subject to corporate income tax (CIT) and value-added tax (VAT). Specifically:
- The CIT rate calculated on taxable revenue is 10%;- The VAT rate is 10% (if applied under the credit method) or the VAT rate calculated on taxable revenue is 5% (if applied under the direct method).
More details can be found in Official Dispatch 15888/BTC-CST issued on November 7, 2016.
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