Circular No. 21/2016/TT-BTC guides on the declaration of value-added tax and corporate income tax incentives as stipulated in Decree No. 111/2015/NĐ-CP dated November 3, 2015, of the Government regarding the development of supporting industries.

CIRCULAR

Guidelines on Value Added Tax Declaration and Corporate Income Tax Incentives
as stipulated in Decree No. 111/2015/NĐ-CP dated November 3, 2015 of the Government on Promoting Support Industries
On the basis of the Law on Tax Administration No. 78/2006/QH11 and the Law No. 21/2012/QH13 amending and supplementing certain provisions of the Law on Tax Administration;

On the basis of the Law on Value Added Tax No. 13/2008/QH12 and the Law No. 31/2013/QH13 amending and supplementing certain provisions of the Law on Value Added Tax;

On the basis of the Law on Corporate Income Tax No. 14/2008/QH12 and the Law No. 32/2013/QH13 amending and supplementing certain provisions of the Law on Corporate Income Tax;

On the basis of the Law No. 71/2014/QH13 amending and supplementing certain provisions of the Tax Laws;

On the basis of Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Tax Administration and the Law amending and supplementing certain provisions of the Law on Tax Administration;

On the basis of Decree No. 209/2013/NĐ-CP dated December 18, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Value Added Tax;

On the basis of Decree No. 218/2013/NĐ-CP dated December 26, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Corporate Income Tax;

On the basis of Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government detailing the implementation of the Law amending and supplementing certain provisions of the Tax Laws and amending and supplementing certain provisions of the Tax Decrees;

On the basis of Decree No. 111/2015/NĐ-CP dated November 3, 2015 of the Government on Promoting Support Industries;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Finance hereby issues guidelines on Value Added Tax declaration and Corporate Income Tax incentives for support industry production projects in Vietnam as follows:

At the proposal of the Director General of the State Revenue Administration,

These Circulars provide guidelines on Value Added Tax declaration and Corporate Income Tax incentives for support industry production projects included in the Priority Support Industry Product List issued pursuant to Decree No. 111/2015/NĐ-CP dated November 3, 2015 of the Government on Promoting Support Industries.

Article 1. Scope of Regulation

Article 2. Scope of Application

1. Organizations and individuals producing support industry products listed in the Priority Support Industry Product List within the territory of Vietnam.

2. Tax authorities and other relevant agencies, organizations, and individuals.

Article 3. Value Added Tax Declaration

1. Value Added Tax Declaration

- For taxpayers that are organizations:

Taxpayers shall declare Value Added Tax (VAT) quarterly based on the revenue from support industry products listed in the Priority Support Industry Product List (regardless of whether the annual revenue exceeds or does not exceed VND 50 billion).

If taxpayers have revenue from support industry products listed in the Priority Support Industry Product List and also have revenue from other business activities, they shall declare VAT quarterly. In cases where quarterly declarations are not made, taxpayers may choose to declare VAT monthly and notify the tax authority in accordance with the laws on tax administration.

- For individual taxpayers generating revenue from support industry products listed in the Priority Support Industry Product List, they shall declare taxes annually and pay VAT quarterly. In cases where individual taxpayers generate revenue from support industry products listed in the Priority Support Industry Product List on a transaction-by-transaction basis, they may choose to declare and pay VAT on a transaction-by-transaction basis or declare and pay VAT monthly.

2. Tax Declaration Documents

- For organizational taxpayers, the tax declaration documents shall be implemented in accordance with Circular No. 156/2013/TT-BTC dated November 6, 2013 and Circular No. 26/2015/TT-BTC dated February 27, 2015 of the Ministry of Finance.

- For individual taxpayers, the tax declaration documents shall be implemented in accordance with Circular No. 92/2015/TT-BTC dated June 15, 2015 of the Ministry of Finance.

- The tax declaration dossier for taxpayers who are individuals shall be carried out in accordance with the guidance provided in Circular No. 92/2015/TT-BTC dated June 15, 2015, of the Ministry of Finance.

Article 4. Corporate Income Tax Incentives

Corporate Income Tax incentives shall be applied to the income of enterprises from implementing projects to produce supporting industrial products from January 1, 2015, meeting the conditions stipulated in Law No. 71/2014/QH13 dated November 26, 2014, and guiding documents, and being granted by competent authorities a Certificate of Production Supporting Industrial Product Incentive (referred to as the Certificate of Incentive).

The procedures for granting incentives and post-grant verification for projects producing supporting industrial products listed in the Priority Development List of Supporting Industrial Products shall be carried out in accordance with Circular No. 55/2015/TT-BCT dated December 30, 2015, issued by the Ministry of Industry and Trade.

The Certificate of Production Supporting Industrial Product Incentive is the basis for applying corporate income tax incentives, including the level of incentives, the start date of applying incentives, and the transfer of incentives, which shall be implemented in accordance with the laws on corporate income tax.

Example 1:

During the 2015 tax period, Enterprise A was granted a Certificate of Investment Registration to implement a new investment project to produce supporting industrial products. During the 2016 tax period, the project generated revenue from the production of supporting industrial products. During the 2017 tax period, the project was granted a Certificate of Production Supporting Industrial Product Incentive. During the 2018 tax period, the project generated income from the production of supporting industrial products. The time for calculating corporate income tax incentives for the aforementioned investment project is as follows: 2017 is the first year applying preferential tax rates, and 2018 is the first year eligible for tax exemption if actual conditions meet the prescribed incentive criteria.

Example 2:

During the 2016 tax period, Enterprise B was granted a Certificate of Investment Registration to implement a new investment project to produce supporting industrial products. During the 2017 tax period, the project generated revenue from the production of supporting industrial products. During the 2018 tax period, the project generated income from the production of supporting industrial products. During the 2019 tax period, the project was granted a Certificate of Production Supporting Industrial Product Incentive. The time for calculating corporate income tax incentives for the aforementioned investment project is as follows: 2019 is the first year applying preferential tax rates, and 2019 is the first year eligible for tax exemption if actual conditions meet the prescribed incentive criteria.

During the period when enjoying corporate income tax incentives, if an enterprise engages in multiple production and business activities, the enterprise must separately determine the income from the project producing priority development supporting industrial products to enjoy corporate income tax incentives in accordance with the provisions.

Article 5. Effective Date

1. This Circular takes effect from April 1, 2016. The corporate income tax incentives stipulated in this Circular apply to the corporate income tax calculation periods starting from 2015.

2. Tax authorities at all levels are responsible for disseminating and guiding organizations and individuals to comply with the contents of this Circular.

3. Organizations and individuals subject to the regulations of this Circular shall comply with the guidance provided in this Circular.

During the implementation process, if there are difficulties, organizations and individuals are requested to promptly reflect to the Ministry of Finance for research and resolution./.