Circular No. 1069/TC/TCT of 2004 by the Ministry of Finance guides the collection of land use right transfer tax (CQSDĐ) for business establishments and households, individuals. This document specifically stipulates the time for paying CQSDĐ based on the Law on Corporate Income Tax and the Law on Land Use Right Transfer Tax.
Scope of application
Provincial People's Committees under central government; business establishments (production, trade, services); households, individuals
Key points
- Business establishments implementing land use rights transfer before January 1, 2004 must pay tax according to the Law on Land Use Right Transfer Tax (Article 50 of Decree No. 164/2003/NĐ-CP).
- Business establishments implementing land use rights transfer from January 1, 2004 onwards must pay tax according to the Law on Corporate Income Tax (Article 50 of Decree No. 164/2003/NĐ-CP).
- Households and individuals implementing land use rights transfer regardless of whether before or after January 1, 2004 still must pay tax according to the Law on Land Use Right Transfer Tax and guiding documents (Article 50 of Decree No. 164/2003/NĐ-CP).
- This document abolishes provisions regarding land use right transfer tax for business establishments in Decree No. 19/2000/NĐ-CP (Article 50 of Decree No. 164/2003/NĐ-CP).
- Provincial People's Committees under central government instruct the collection of land use right transfer tax for entities as prescribed above.
🌐 Social impact of this document
- To ensure full management of state budget revenues from land use right transfers.
- Business establishments and households, individuals need to be aware of the time for paying land use right transfer tax to comply with legal regulations.
❓ Frequently asked questions
If I am a business establishment owner transferring land use rights before January 1, 2004, which law must I pay taxes under?
Must pay taxes according to the Law on Land Use Right Transfer Tax.
If I am a business establishment owner transferring land use rights from January 1, 2004 onwards, which law must I pay taxes under?
Must pay taxes according to the Law on Corporate Income Tax.
Households and individuals transferring land use rights regardless of whether before or after January 1, 2004 must pay taxes according to what provisions?
Must pay taxes according to the Law on Land Use Right Transfer Tax and guiding documents.
Is Decree No. 19/2000/NĐ-CP regarding land use right transfer tax for business establishments still in effect?
No, this decree has been abolished under Article 50 of Decree No. 164/2003/NĐ-CP.
What responsibility do Provincial People's Committees under central government have in collecting land use right transfer tax?
Instruct the collection of land use right transfer tax for entities as prescribed by the Ministry of Finance.
Full text
|
MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: 1069 TC/TCT |
Hanoi, February 4, 2004 |
NOTIFICATION
OF THE MINISTRY OF FINANCE NO. 1069 TC/TCT DATED FEBRUARY 4, 2004
ON DIRECTING THE COLLECTION OF LAND USE RIGHTS TAX
To: - Ministries, ministerial-level agencies, and government agencies
- People's Committees of provinces and centrally-run cities
Pursuant to Clause 1, Article 50, Decree No. 164/2003/NĐ-CP dated December 22, 2003 of the Government detailing the implementation of the Law on Corporate Income Tax which took effect from January 1, 2004 and stipulates: “Abolish the provisions regarding land use rights transfer tax for business establishments under Decree No. 19/2000/NĐ-CP dated June 8, 2000 of the Government detailing the implementation of the Law on Land Use Rights Tax and the Law Amending and Supplementing Certain Provisions of the Law on Land Use Rights Tax.”
To ensure comprehensive management of state budget revenues, the Ministry of Finance requests People's Committees of provinces and centrally-run cities to direct relevant agencies and local tax bureaus to organize the collection of land use rights tax as follows:
1. For business establishments (production, trading, services) that have exercised land use rights before January 1, 2004 shall pay land use rights tax according to the provisions of the Law on Land Use Rights Tax; if they exercise land use rights from January 1, 2004 onwards, they shall pay taxes in accordance with the provisions of the Law on Corporate Income Tax.
2. For households and individuals exercising land use rights (regardless of whether such exercise occurs before or after January 1, 2004) continue to fulfill their obligation to pay land use rights tax according to the provisions of the Law on Land Use Rights Tax and the Law Amending and Supplementing Certain Provisions of the Law on Land Use Rights Tax as well as current guiding documents for implementing the Law on Land Use Rights Tax.
During implementation, if any difficulties arise, please promptly report them to the Ministry of Finance for coordination in resolving.
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