Decision No. 12/2010/QD-TTg on extending the payment of corporate income tax to continue addressing difficulties for businesses and promoting economic development in 2010.

Pursuant to …;

Regarding the extension of corporate income tax payment to continue addressing difficulties for businesses and contributing to economic development in 2010

continue to remove obstacles for businesses,contribute to

promoting economic development in 2010

_______________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 37/2009/QH12 dated November 11, 2009 of the National Assembly on the state budget estimate for 2010;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Extending the corporate income tax payment period by three months from the deadline specified in the Law on Tax Administration for:

1. The corporate income tax payable in 2010 by small and medium-sized enterprises.

Small and medium-sized enterprises referred to in this Clause are those meeting the criteria regarding capital or labor as stipulated in Clause 1, Article 3 of Government Decree No. 56/2009/NĐ-CP dated June 30, 2009 on assistance for the development of small and medium-sized enterprises.

2. The corporate income tax payable in 2010 from production and processing activities in the textile, garment, leather, footwear, and hat industries of enterprises.

In cases where enterprises cannot separately account for income from production and processing activities in the textile, garment, leather, footwear, and hat industries, the income for calculating the extended tax payment shall be determined based on the percentage ratio between the revenue from these activities and the total revenue of the enterprise.

The extension of tax payment provided for in Clauses 1 and 2 of this Article applies to enterprises that comply with accounting records, invoices, and tax declarations.

Article 2. Determining the amount of corporate income tax eligible for extension.

1. For small and medium-sized enterprises: it is the quarterly provisional corporate income tax and the annual final corporate income tax for 2010.

In cases where small and medium-sized enterprises declare and pay corporate income tax from real estate transfer activities on a transaction-by-transaction basis, the amount of corporate income tax eligible for extension is the provisional tax calculated on each transaction and the final tax of such real estate transfer activities.

2. For enterprises engaged in production and processing activities in the textile, garment, leather, footwear, and hat industries: it is the quarterly provisional corporate income tax and the annual final corporate income tax for 2010 calculated based on the income from these activities.

Article 3. The period for extending corporate income tax payments is as follows:

1. For the provisional tax for the first quarter of 2010, the extended tax payment must be made no later than July 30, 2010.

2. For the provisional tax for the second quarter of 2010, the extended tax payment must be made no later than October 30, 2010.

3. For the provisional tax for the third quarter of 2010, the extended tax payment must be made no later than January 31, 2011.

4. For the provisional tax for the fourth quarter of 2010, the extended tax payment must be made no later than April 30, 2011.

5. For the tax payable according to the final settlement for 2010, the extended tax payment must be made no later than June 30, 2011.

6. For small and medium-sized enterprises declaring and paying corporate income tax from real estate transfer activities on a transaction-by-transaction basis, the enterprises themselves determine the maximum extension period not exceeding three months from the deadline specified by the law on tax administration.

Article 4. Implementation Provisions

This Decision takes effect from April 10, 2010.

2. The Ministry of Finance shall provide guidance on the implementation of this Decision.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for enforcing this Decision./.