Circular No. 1188/TC/TCT guides the process of VAT refunds for imported fertilizers and plant protection products for businesses that pay taxes using the deduction method. This document specifies conditions for VAT refunds and necessary documents.
适用范围
Businesses importing fertilizers and plant protection products
要点
- Businesses paying taxes through the deduction method → are eligible to receive a VAT refund on fertilizers and plant protection products when input tax exceeds output tax (Point a, Article 1)
- If they import and trade other goods → can declare offsetting between output tax and input tax for all goods. If the unclaimed VAT from fertilizers and plant protection products is over VND 200 million → they are eligible to receive a refund (Point b, Article 1)
- Businesses must provide clear reasons for requesting a VAT refund and supply information on sales volume, end-of-period inventory, output tax, and import tax paid on fertilizers and plant protection products (Point 2, Article 3)
- The process of VAT refunds according to this guidance applies to declarations starting from January 2002
- Procedures for handling VAT refund applications are carried out in accordance with Circular No. 122/2000/TT-BTC (Point 3, Article 3)
🌐 本文件的社会影响
- Aids businesses in reducing financial burdens when inventory is high and input VAT has not been deducted
- Enhances tax management for imported fertilizers and plant protection products
❓ 常见问题
Which businesses can apply for a VAT refund?
Businesses paying taxes through the deduction method and importing fertilizers and plant protection products
What are the conditions to receive a VAT refund?
Input tax exceeds output tax or unclaimed VAT from fertilizers and plant protection products is over VND 200 million
Which documents need to be submitted for a VAT refund application?
Documents as stipulated in Section II, Part D of Circular No. 122/2000/TT-BTC and a clear explanation of the reasons for requesting a refund
When does this circular take effect?
Applies to declarations starting from January 2002
全文
LETTER
OF THE MINISTRY OF FINANCE NUMBER 1188 TC/TCT ON SEPTEMBER 4, 2002
REGARDING REFUND OF VALUE-ADDED TAX FOR IMPORTED FERTILIZERS AND PLANT PROTECTIVE AGENTS
IMPORTED PLANTS
Respected: - Ministries, ministerial-level agencies, and government agencies,
- People's Committees of provinces and centrally-administered cities
To implement Circular No. 976/CP-KTTH dated October 29, 2001 of the Government regarding the implementation of Decision No. 908/QĐ-TTg dated July 26, 2001 of the Prime Minister on measures to promote exports and manage imports in the last six months of 2001, the Ministry of Finance guides the refund of value-added tax (VAT) for businesses importing fertilizers and plant protective agents as follows:
- Businesses that pay VAT under the input tax deduction method and import fertilizers or plant protective agents (including cases of entrusted imports), if they have paid VAT at the import stage in a month, and if sales are slow with large inventory resulting in higher input VAT than output VAT, such businesses importing these items may be eligible for monthly refund of input VAT that has not been deducted.
In cases where businesses importing fertilizers or plant protective agents also import and trade other goods, they can offset the output VAT against the input VAT of various types of goods. If in a month, the business has paid VAT at the import stage for fertilizers or plant protective agents and the undeducted input VAT exceeds 200 million VND, then it may be eligible for monthly refund of VAT.
Other cases of VAT refunds shall still be implemented according to the guidance provided in Section I, Part D of Circular No. 122/2000/TT-BTC dated December 29, 2000 issued by the Ministry of Finance guiding the implementation of Decree No. 79/2000/NĐ-CP dated December 29, 2000 of the Government detailing the implementation of the Law on Value-Added Tax.
- The procedures for VAT refund shall be carried out in accordance with the provisions of Section II, Part D; authority and procedure for handling VAT refunds shall follow the regulations provided in Section IV, Part D of Circular No. 122/2000/TT-BTC (mentioned above). Businesses must provide a detailed explanation for requesting VAT refund, including output VAT, deductible input VAT, undeducted input VAT requested to be refunded for all goods traded in the month, purchase (import) turnover, sales turnover, end-of-period inventory, output VAT, and VAT paid at the import stage for fertilizers or plant protective agents.
The VAT refund procedures as outlined in this letter shall apply to declarations made from January 2002 onwards.
During implementation, if any issues arise, please report them to the Ministry of Finance (General Department of Taxation) for resolution.
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