Circular No. 25/1998/TT-BTC amends and supplements Circular No. 78/1997/TT-BTC to encourage cooperatives to convert and re-register according to new regulations. This document provides tax and financial incentives for cooperatives, including exemptions and reductions in business income tax, profit tax, stamp duty, and the application of appropriate business license tax.
适用范围
Cooperatives, Cooperative Federations, and People's Credit Funds that have been issued Business Registration Certificates under the Law on Cooperatives.
要点
- Cooperatives are exempt from business income tax for two years (24 months) and profit tax for the first two years (24 months) from the date they receive their Business Registration Certificate under the Law on Cooperatives.
- The business license tax for cooperatives is based on the level of production relations and organizational structure of each entity.
- Production materials that have paid stamp duty and contributed capital to cooperatives when registering ownership rights are not required to pay stamp duty again.
- In cases where cooperatives return production materials to members and members must register ownership rights, stamp duty must be paid.
- Retail stores, shops, and dependent business units of cooperatives pay business license tax according to Point 3, Section I of Circular No. 69-TC/TCT dated November 5, 1996, of the Ministry of Finance.
🌐 本文件的社会影响
- Positive impact: Reducing the financial burden on cooperatives through tax exemptions and reductions, helping cooperatives to convert and operate more effectively.
- Negative impact: It may increase management costs for dependent business units of cooperatives.
❓ 常见问题
For how long are cooperatives exempt from business income tax and profit tax?
Cooperatives are exempt from business income tax for two years (24 months) and profit tax for the first two years (24 months) from the date they receive their Business Registration Certificate under the Law on Cooperatives.
How do retail stores and shops dependent on cooperatives pay business license tax?
Retail stores, shops, and dependent business units of cooperatives pay business license tax according to Point 3, Section I of Circular No. 69-TC/TCT dated November 5, 1996, of the Ministry of Finance.
Are production materials registered with ownership rights required to pay stamp duty when transferred between members?
No, production materials registered with ownership rights, property rights of cooperatives, when transferred between members within the cooperative, are not required to pay stamp duty.
How are cooperatives exempt from business income tax and profit tax?
Simple stacking cooperatives and service cooperatives providing electricity to rural households are exempt from business income tax for two years (24 months) from the date they receive their Business Registration Certificate under the Law on Cooperatives and are exempt from profit tax for the first two years (24 months) from the date they start generating taxable profits.
How do cooperatives pay business license tax?
The business license tax for cooperatives should be based on the level of production relations and organizational structure of each entity. Specifically, cooperatives pay business license tax according to Point 2, Section I of Circular No. 69-TC/TCT dated November 5, 1996, of the Ministry of Finance; retail stores, shops, and dependent business units of cooperatives pay business license tax according to Point 3, Section I of Circular No. 69-TC/TCT dated November 5, 1996, of the Ministry of Finance.
全文
CIRCULAR
Amending and supplementing Circular No. 78/1997/TT-BTC dated November 4, 1997 of the Ministry of Finance
On November 4, 1997, the Ministry of Finance issued Circular No. 78/1997/TT-BTC guiding tax and financial incentives for Cooperatives as stipulated in Decree No. 15/CP dated February 21, 1997 of the Government.
To encourage Cooperatives to convert and re-register according to the provisions of Decree No. 16/CP dated February 21, 1997 of the Government, to operate in compliance with the spirit of the Law on Cooperatives, and based on the opinions of the Prime Minister in Document No. 06/CP/KTN dated January 6, 1998 of the Government, the Ministry of Finance guides the amendment and supplementation of some points in Circular No. 78/1997/TT-BTC as follows:
1. Point 1, Section I, Circular No. 78/1997/TT-BTC regarding the scope of application shall be amended and supplemented as follows:
1. Scope of application:
The subjects entitled to tax and financial incentives under this Circular are: Cooperatives, Cooperative Federations, and People's Credit Funds (hereinafter referred to collectively as Cooperatives) that have been granted Business Registration Certificates in accordance with the Law on Cooperatives, including Cooperatives that were registered and operating before the issuance of the Law on Cooperatives and now implement conversion and re-registration in accordance with the Law on Cooperatives and Decree No. 16/CP dated February 21, 1997 of the Government.".
2. Abolish Point 3, Section I of Circular No. 78/1997/TT-BTC dated November 4, 1997 of the Ministry of Finance.
3. Point 1, Section II of Circular No. 78/1997/TT-BTC dated November 4, 1997 shall be amended and supplemented as follows:
"Cooperatives that have been granted Business Registration Certificates in accordance with the Law on Cooperatives shall be exempted or reduced from business income tax and profit tax in accordance with the laws on business income tax and profit tax as if they were newly established entities, as follows:"
4. Point 1-d, Section II, Circular No. 78/1997/TT-BTC on exemption and reduction of business income tax and profit tax shall be guided to be amended and supplemented as follows:
d) Cooperatives engaged in simple loading and unloading services and Cooperatives providing electricity services to rural households shall be granted a two-year (24-month) reduction in business income tax from the date of obtaining the Business Registration Certificate in accordance with the Law on Cooperatives and shall be exempted from profit tax for the first two years (24 months) from the date of taxable profit."
5. Point 2, Section II, Circular No. 78/1997/TT-BTC guiding the stamp duty shall be amended and supplemented as follows:
"AThe application of stamp duty for Cooperatives must be based on the level of production relations and organizational structure of each entity.
Specifically:
Cooperatives shall pay stamp duty according to Point 2, Section I of Circular No. 69-TC/TCT dated November 5, 1996 of the Ministry of Finance;
Retail stores, shops, and dependent business units of Cooperatives shall pay stamp duty according to Point 3, Section I of Circular No. 69-TC/TCT dated November 5, 1996 of the Ministry of Finance;
Members receiving tasks assigned by Cooperatives (including transportation and construction Cooperatives) shall not pay stamp duty. In cases where individual members or groups of members primarily engage in independent business activities and their relationship with Cooperatives is merely formal, such individuals or groups shall pay stamp duty according to Point 4, Section I of Circular No. 69-TC/TCT dated November 5, 1996 of the Ministry of Finance."
6. Point 3, Section II, Circular No. 78/1997/TT-BTC guiding the pre-sale registration fee shall be amended and supplemented as follows:
Production materials of members (subject to the pre-sale registration fee) that have paid the pre-sale registration fee and contributed to the capital of Cooperatives, when Cooperatives register ownership and usage rights, shall be exempted from paying the pre-sale registration fee;
Production materials that have been registered with ownership and usage rights of Cooperatives, when these materials are transferred between members within Cooperatives for use, shall not be subject to the pre-sale registration fee;
In cases where Cooperatives return production materials to members and members need to register their own ownership and usage rights, they shall pay the pre-sale registration fee."
7. This Circular shall take effect from the date of effectiveness of Circular No. 78/1997/TT-BTC dated November 4, 1997 of the Ministry of Finance./.
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