Decision No. 25/2005/QD-BTC abolishes the Circular guiding the recording of revenue and expenditure from import tax for state budget projects using ODA funds. Project sponsors must allocate sufficient counterpart funds to pay taxes and implement imports according to the new regulations.
适用范围
Project sponsors of water supply projects using ODA loans, customs authorities, the Ministry of Planning and Investment, the Ministry of Finance, and units under the Ministry of Finance.
要点
- Project sponsors must report to their supervising agencies to allocate sufficient counterpart funds to pay taxes from January 1, 2005, in accordance with the new regulations.
- Machinery and equipment imported before January 1, 2005, but without allocated counterpart funds will not be subject to late payment penalties for taxes.
- Project sponsors may delay tax payments from the date they officially receive notification from the tax collection agency regarding the amount of tax due, for a maximum period of 275 days.
- This Decision shall take effect fifteen days after its publication in the Official Gazette.
- Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally governed cities, and units under the Ministry of Finance must implement this Decision.
🌐 本文件的社会影响
- Reducing the burden of costs on project sponsors by avoiding late payment penalties for taxes.
- Increasing the time available to allocate counterpart funds, creating more favorable conditions for water supply projects using ODA funds.
❓ 常见问题
What must project sponsors do from January 1, 2005?
Project sponsors must report to their supervising agencies to allocate sufficient counterpart funds to pay taxes, implement imports, and comply with the provisions of the Law on Import and Export Tax.
Will machinery and equipment imported before January 1, 2005, but without allocated counterpart funds be penalized?
No, project sponsors will not be subject to late payment penalties for taxes.
How long can project sponsors delay tax payments?
Project sponsors may receive goods and delay tax payments while seeking funds to pay taxes, but no later than 275 days from the date they officially receive notification from the tax collection agency regarding the amount of tax due.
When does this Decision take effect?
This Decision shall take effect fifteen days after its publication in the Official Gazette.
Which agencies must implement this Decision?
Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally governed cities, and units under the Ministry of Finance.
全文
DECISION
Of the Minister of Finance No. 25/2005/QD-BTC dated April 27, 2005 on abolishing legal regulatory documents issued by the Ministry of Finance
2005
THE MINISTER OF FINANCE
BASED ON Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 185/2003/QD-TTg dated September 10, 2003 of the Prime Minister abolishing the provisions of the Prime Minister regarding the reissue and reinvestment from national budget revenues from fiscal year 2004;
Implementing the guidance of the Prime Minister in Official Letter No. 5072/VPCP-KTTH dated September 22, 2004 of the Government Office on handling import taxes for goods imported under ODA projects and Official Letter No. 943/VPCP-KTTH dated March 1, 2005 of the Government Office on handling taxes for water supply projects funded by ODA loans;
At the proposal of the Director of the Department of Foreign Finance and the Director of the Department of State Budget.
DECISION:
Article 1. Abolish Circular No. 28/2001/TT-BTC dated May 3, 2001 of the Ministry of Finance guiding the recording of revenue and expenditure of the state budget for import tax and value-added tax on imported goods for water supply projects using ODA funds under the loan repayment mechanism from the state budget.
Article 2
1. As of January 1, 2005, cease the recording of revenue and expenditure for import tax and value-added tax on imported goods according to Circular No. 28/2001/TT-BTC; project sponsors must report to their supervising authorities to arrange sufficient counterpart funds to pay taxes and import goods in accordance with the provisions of the Law on Import and Export Tax.
2. For machinery, equipment, materials, and specialized transportation vehicles of water supply projects using ODA funds under the loan repayment mechanism from the state budget that were imported before January 1, 2005 but have not been allocated counterpart funds to pay import tax and value-added tax on imported goods, customs authorities shall release the goods without imposing late payment penalties for import tax and value-added tax on imported goods. Project sponsors are responsible for reporting to their supervising authorities to supplement the counterpart fund plan for the project to pay taxes.
In cases where there are difficulties in arranging counterpart funds, the investment supervising authority shall issue a report to the Ministry of Planning and Investment and the Ministry of Finance for consideration and submission.
3. For machinery, equipment, materials, and specialized transportation vehicles of water supply projects using ODA funds under the loan repayment mechanism from the state budget that were imported from January 1, 2005 until this Decision takes effect, project sponsors may accept the goods and delay tax payments while seeking sources of funds to pay taxes, but such delays must not exceed 275 days from the date the sponsors receive the official notification from the tax collection agency regarding the amount of tax due.
Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
Article 4. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and units under the Ministry of Finance are responsible for implementing this Decision.
关系图
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