This Circular stipulates the method for determining taxable income from foreign exchange rate differences for foreign currency payable debts, applicable to businesses engaged in production and business activities. Foreign exchange rate differences losses/profits are included in expenses/income when determining taxable income.
Đối tượng áp dụng
Organizations engaged in production and provision of goods and services that have taxable income under the Law on Corporate Income Tax (referred to as enterprises).
Các điểm cốt lõi
- Enterprises apply this Circular to foreign currency payable debts to determine foreign exchange rate differences during the period and re-evaluate at year-end.
- Foreign exchange rate differences losses/profits are included in expenses/income when determining enterprise taxable income.
- In cases where foreign exchange rate differences from re-evaluating foreign currency payable debts result in operating losses, part of the foreign exchange rate differences may be allocated to the following year, but it must ensure that the foreign exchange rate differences included in expenses in the current year are at least equal to the foreign exchange rate differences of the foreign currency due for payment in that year.
- This Circular takes effect from the tax period of 2009 and applies to enterprises engaged in production and provision of goods and services.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps enterprises manage foreign exchange risks more effectively, reducing financial burdens.
- Negative impact: May complicate accounting and tax reporting procedures for enterprises.
❓ Câu hỏi thường gặp
How are foreign currency payable debts applied?
Enterprises' foreign currency payable debts need to determine foreign exchange rate differences during the period and re-evaluate at year-end.
When are foreign exchange rate differences losses/profits included in expenses/income?
Foreign exchange rate differences losses/profits arising during the period and from year-end re-evaluation are included in expenses or income when determining enterprise taxable income.
Can part of the foreign exchange rate differences from re-evaluating foreign currency payable debts, which are included in expenses and result in operating losses, be allocated to the following year?
Part of the foreign exchange rate differences can be allocated to the following year, but it must ensure that the foreign exchange rate differences included in expenses in the current year are at least equal to the foreign exchange rate differences of the foreign currency due for payment in that year.
When does this Circular take effect?
This Circular takes effect from the tax period of 2009 and applies to enterprises engaged in production and provision of goods and services.
If there are changes in international agreements or treaties regarding the handling of foreign exchange rate differences for foreign currency payable debts, how should they be handled?
In cases where the Socialist Republic of Vietnam participates in signing international agreements or treaties that provide different provisions for handling foreign exchange rate differences for foreign currency payable debts compared to the guidance provided in this Circular, such provisions shall be implemented according to the provisions of the international treaty.
Toàn văn
CIRCULAR
Guidelines for determining taxable income from foreign exchange rate differences of foreign currency payable debts
________________________________________
Pursuant to the Corporate Income Tax Law No. 14/2008/QH12 dated June 3, 2008;
Pursuant to Decree No. 124/2008/NĐ-CP dated December 11, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Corporate Income Tax;
Pursuant to Decree No. 09/2009/NĐ-CP dated February 5, 2009 of the Government regarding the Financial Management Regulations of State-owned Enterprises and the Management of State Capital Invested in Other Enterprises;
Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
To implement the Prime Minister's opinion expressed in Official Letter No. 2225/VPCP-KTTH dated April 9, 2009 of the Government Office concerning the handling of foreign exchange rate differences, the Ministry of Finance hereby provides specific guidelines for determining corporate income tax on foreign exchange rate differences of foreign currency payable debts as follows:
Article 1. Scope of Application.
1. The scope of application includes organizations engaged in production and business activities that have taxable income under the Corporate Income Tax Law (hereinafter referred to as enterprises).
2. The scope of application covers foreign exchange rate differences of foreign currency payable debts of enterprises.
Article 2. Basis for Tax Calculation.
For enterprises with foreign currency payable debts, foreign exchange rate differences arising during the period and those resulting from revaluation of foreign currency payable debts at year-end shall be included in expenses or income when determining taxable income for corporate income tax purposes in the period. In cases where foreign exchange rate differences from revaluation of foreign currency payable debts included in expenses result in losses for the enterprise, such differences may be allocated to subsequent years to prevent losses, provided that the portion of foreign exchange rate differences included in expenses in the current year must at least equal the foreign exchange rate differences of the foreign currency payable debts due in that year.
Article 3. Implementation.
1. This Circular takes effect 45 days from the date of signature and applies from the 2009 tax period.
2. Matters not covered by this Circular and matters not contrary to the guidance provided in this Circular shall be implemented according to the provisions of Circular No. 130/2008/TT-BTC dated December 26, 2008 of the Ministry of Finance guiding the implementation of certain provisions of the Corporate Income Tax Law and guiding the implementation of Decree No. 124/2008/NĐ-CP dated December 11, 2008 of the Government detailing and guiding the implementation of certain provisions of the Corporate Income Tax Law.
In cases where the Socialist Republic of Vietnam has entered into an Agreement or International Convention which provides for the treatment of foreign exchange rate differences of foreign currency payable debts differently from the guidance provided in this Circular, such Agreements or International Conventions shall be followed.
During implementation, if there are difficulties or obstacles, units are requested to report to the Ministry of Finance for timely guidance and resolution.
DEPUTY MINISTER
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