Decision No. 21/2011/QD-TTg on extending the payment of corporate income tax for small and medium-sized enterprises to address difficulties and promote economic development in 2011.

Pursuant to …;

Regarding the extension of payment for corporate income tax of small and medium-sized enterprises

to address difficulties and contribute to promoting economic development in 2011

 ______________________________

PRIME MINISTER

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

Pursuant to the Law on Tax Administration dated November 29, 2006;

Pursuant to Resolution No. 77/NQ-CP dated April 3, 2011 of the Government;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Object and period of extension for payment of corporate income tax.

1. The extension for payment of tax shall be for a period of one year, starting from the date of the deadline for tax payment as stipulated in the Law on Tax Administration for the corporate income tax payable in 2011 of small and medium-sized enterprises.

Small and medium-sized enterprises referred to in this Clause are those enterprises meeting the criteria regarding capital or labor as prescribed in Clause 1, Article 3 of Decree No. 56/2009/NĐ-CP dated June 30, 2009 of the Government on assistance for the development of small and medium-sized enterprises, except for enterprises ranked first or special category within economic groups; enterprises organized under the parent company-subcompany model where the parent company is not a small or medium-sized enterprise holding more than 50% of the subsidiary's equity capital.

2. Small and medium-sized enterprises referred to in Clause 1 of this Article shall not be granted an extension for payment of corporate income tax derived from real estate business, financial services, banking, insurance, securities, lottery, income from businesses subject to special consumption tax, and income from trading goods not encouraged for importation according to the law.

3. The extension for payment of tax prescribed in Clause 1 of this Article shall only apply to enterprises that comply with accounting, invoices, and documents as required by law and have registered for tax declaration.

Article 2. Determination of Corporate Income Tax Eligible for Extension

1. The amount of corporate income tax eligible for extension is the provisional quarterly tax, the annual final tax for 2011, including the corporate income tax from 2010 transferred to be paid in 2011 as prescribed by the Corporate Income Tax Law.

2. In cases where enterprises operate in multiple industries or fields, the corporate income tax eligible for extension does not include the tax calculated based on income from real estate business, financial services, banking, insurance, securities, income from businesses subject to special consumption tax, and income from trading goods not encouraged for importation.

Article 3. Period of Extension for Payment of Tax

1. The period of extension for payment of provisional tax for the first quarter of 2011 shall not exceed April 30, 2012.

2. The period of extension for payment of provisional tax for the second quarter of 2011 shall not exceed July 30, 2012.

3. The period of extension for payment of provisional tax for the third quarter of 2011 shall not exceed October 30, 2012.

4. The period of extension for payment of provisional tax for the fourth quarter of 2011 and the tax payable according to the final tax return for 2011 shall not exceed March 31, 2013.

In cases where the tax payment date specified in Clauses 1, 2, 3, and 4 of this Article falls on a public holiday as prescribed by law, the period of extension for payment of tax shall be counted from the next working day.

Article 4. Implementation provisions

1. This Decision takes effect from the date of signature.

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./.