Circular No. 304/2016/TT-BTC Issuing the Table of Prices for Calculating Stamp Duty on Motor Vehicles

CIRCULAR

Issuing the Table of Prices for Calculating Stamp Duty on Motor Vehicles and Motorcycles

Pursuant to the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006 of the National Assembly; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration No. 21/2012/QH13 dated November 20, 2012 of the National Assembly and the Decrees guiding the implementation of the Law on Tax Administration;

Pursuant to the Law on Fees and Charges No. 97/2015/QH13 dated November 25, 2015;

Pursuant to the Decree No. 140/2016/NĐ-CP dated October 10, 2016 of the Government guiding stamp duty;

Pursuant to the Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices; and the Decree No. 149/2016/NĐ-CP dated November 11, 2016 amending and supplementing certain provisions of the Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;

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

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

The Minister of Finance hereby issues the Table of Prices for Calculating Stamp Duty on Motor Vehicles and Motorcycles as follows:

Article 1. Scope of Regulation

Article 1. This Circular issues the Table of Prices for Calculating Stamp Duty on new assets (hereinafter referred to as the Table) which includes:

a) Two-wheeled motorcycles, three-wheeled motorcycles, motorbikes (including electric motorbikes), similar vehicles, and replacement frames, chassis assemblies, engine assemblies of these vehicles that must be registered with competent state authorities (collectively referred to as motorcycles);

b) Cars, trailers or semi-trailers pulled by cars, similar vehicles, and replacement frames, chassis assemblies, engine assemblies of these vehicles that must be registered with competent state authorities (collectively referred to as cars).

Article 2. For used cars and motorcycles, the price for calculating stamp duty shall be implemented according to Circular No. 301/2016/TT-BTC dated November 15, 2016 of the Minister of Finance regarding stamp duty.

Article 2. Applicability

Article 3. Organizations and individuals having cars and motorcycles subject to stamp duty when registering ownership or usage rights with competent state authorities.

1. Domestic enterprises producing and trading cars and motorcycles; enterprises trading imported cars and motorcycles.

2. Tax authorities at all levels and other related organizations and individuals.

Article 3. Price for Calculating Stamp Duty in the Table

1. The price for calculating stamp duty on cars and motorcycles in the Table is the actual transfer price on the market according to the regulations on the price for calculating stamp duty on other assets at Point a Clause 2 Article 6 of Decree No. 140/2016/NĐ-CP dated October 10, 2016 of the Government on stamp duty to serve as the basis for establishing the price for calculating stamp duty.

2. The price for calculating stamp duty in the Table is determined based on the brand name, type number or trade name, working volume or cargo capacity allowed to participate in traffic, number of passengers allowed to carry (including the driver), country of production of cars and motorcycles on the Certificate of Technical Quality and Environmental Protection or Notification of Exemption from Technical Quality and Environmental Protection Inspection or Type Approval Certificate issued by the Vietnamese inspection authority.

Article 4. Sources of Information for Building the Table

1. For domestically produced and assembled cars and motorcycles

a) Price announcement of enterprises producing and trading cars and motorcycles;

b) Information from the price database;

c) Updated price information on the stamp duty management system of tax authorities.

2. For imported cars and motorcycles

a) Price announcement of enterprises trading imported cars and motorcycles;

b) Information on the value for import tax, import tax, special consumption tax, and value-added tax of imported cars and motorcycles provided by customs authorities;

c) Information from the price database;

d) Updated price information on the stamp duty management system of tax authorities.

Article 5. Amending, supplementing, and adjusting the Price List

Clause 1. The Price List shall be amended or supplemented in cases where new automobiles or motorcycles not yet specified in the Price List issued by the Ministry of Finance arise, or if the actual transfer price of automobiles or motorcycles already specified in the Price List issued by the Ministry of Finance increases or decreases by 20% or more.

Clause 2. Upon receiving information about automobiles or motorcycles not yet specified in the Price List or if the actual transfer price of automobiles or motorcycles differs from the Price List, the General Department of Taxation shall base on the source of information stipulated in Article 4 of this Circular and the market price level of automobiles and motorcycles with common transactions to consider amending, supplementing, or adjusting the Price List according to point b, Clause 2, Article 6 of Government Decree No. 140/2016/NĐ-CP dated October 10, 2016.

Article 6. Applying the Price List

Clause 1. The price for calculating the stamp duty for automobiles and motorcycles is defined in the Price List issued together with this Circular.

In cases where the actual transfer price of automobiles and motorcycles on the market is lower than the price for calculating the stamp duty issued by the Ministry of Finance, the price for calculating the stamp duty shall be the price in the Price List currently in effect issued by the Ministry of Finance.

Clause 2. In cases where at the time of submitting complete declaration documents for stamp duty, the actual transfer price of automobiles and motorcycles on the market increases by 20% or more compared to the current applicable Price List or the price for calculating the stamp duty has not been specified in the Price List issued by the Ministry of Finance, the tax authority shall base on the price for calculating the stamp duty of various types of automobiles and motorcycles already listed in the Price List and the guidance provided in point a, Clause 3, Article 3 of Circular No. 301/2016/TT-BTC dated November 15, 2016 of the Minister of Finance to determine the price for calculating the stamp duty according to regulations. In cases where various types of automobiles and motorcycles have not been specified in the Price List issued by the Ministry of Finance, the Provincial Tax Bureau shall notify the District Tax Branches of the unified price for calculating the stamp duty to be applied in the area.

Within three working days (03) from the date of registration of automobiles and motorcycles for stamp duty, the Provincial Tax Bureau shall report to the General Department of Taxation cases where at the time of submitting complete declaration documents for stamp duty, the price for calculating the stamp duty of automobiles and motorcycles has not been specified in the Price List issued by the Ministry of Finance or the price fluctuates by increasing or decreasing by 20% or more compared to the current applicable Price List arising in the area and related documents if any.

Periodically, the General Department of Taxation shall report to the Ministry of Finance to issue a Decision to amend, supplement, and adjust the Price List for cases where new automobiles and motorcycles arise such that at the time of submitting the declaration form for stamp duty, the price for calculating the stamp duty is not included in the Price List or the actual transfer price of automobiles and motorcycles fluctuates by increasing or decreasing by 20% or more compared to the price for calculating the stamp duty in the Price List to handle according to Article 5 of this Circular.

Article 7. Implementation Organization

Clause 1. The Price List for calculating the stamp duty for automobiles and motorcycles issued together with this Circular shall apply to automobiles and motorcycles when registering ownership or usage rights with competent state management agencies from January 1, 2017.

2. Responsibilities of the General Department of Taxation

a) Coordinate with relevant units to build the Price List for stamp duty, manage and operate the database of prices for calculating the stamp duty;

b) The General Department of Taxation is responsible for updating and supplementing the prices of newly generated or adjusted types of automobiles and motorcycles in the Price List issued by the Ministry of Finance into the database of prices for calculating the stamp duty for automobiles and motorcycles.

Article 8. Effective Date

This Circular takes effect from January 1, 2017 and applies to declaration documents for stamp duty submitted to tax authorities from January 1, 2017.

During implementation, if there are difficulties, agencies, units, organizations, and individuals should promptly report to the Ministry of Finance for consideration and resolution./.