This circular guides the reduction of land lease payments for foreign-invested enterprises when making a single payment covering multiple years. Prior to February 15, 2006, enterprises are still subject to the old regulations on reducing land lease payments.
适用范围
Foreign-invested enterprise
要点
- A foreign-invested enterprise that makes a lump-sum land lease payment for multiple years in the first year (before February 15, 2006) is still entitled to apply the old regulation on reducing land lease payments under Point 6, Article 8 of Decision No. 189/2000/QĐ-BTC.
- Starting from February 15, 2006, an enterprise making a lump-sum land lease payment for multiple years is not eligible for the reduction in land lease payments as stipulated in Article 15 of Decree No. 142/2005/NĐ-CP.
- Other enterprises outside foreign-invested enterprises that make a lump-sum land lease payment for multiple years in the first year are not entitled to the reduction in land lease payments under the new regulations from February 15, 2006.
- The old regulation on reducing land lease payments applicable to foreign-invested enterprises is only valid until February 15, 2006.
- Provincial Tax Departments must implement this guidance.
🌐 本文件的社会影响
- Foreign-invested enterprises benefit from the reduction in land lease payments before February 15, 2006.
- Other enterprises do not benefit from the old regulation on reducing land lease payments starting from February 15, 2006.
❓ 常见问题
What benefits does a foreign-invested enterprise receive when making a lump-sum land lease payment for multiple years in the first year?
It is entitled to apply the old regulation on reducing land lease payments under Point 6, Article 8 of Decision No. 189/2000/QĐ-BTC.
From what date do enterprises no longer benefit from making a lump-sum land lease payment for multiple years?
February 15, 2006, from this date onwards enterprises are not eligible for the reduction in land lease payments under new regulations.
What is the responsibility of the Tax Department regarding the implementation of this circular?
It must implement the guidance of the Ministry of Finance on applying both old and new regulations to foreign-invested enterprises.
全文
LETTER
OF THE MINISTRY OF FINANCE NO. 4595/BTC-TCT DATED APRIL 6, 2006
REGARDING REDUCTION OF LAND RENT PAID IN ONE INSTALLMENT FOR MULTIPLE YEARS
RESPECTED: Provincial Tax Departments
The Ministry of Finance has received Letter No. 1590/CT-ĐTNN dated December 30, 2005 from the Hanoi City Tax Department reflecting difficulties regarding reduction of land rent in cases where land rent is paid in one installment for multiple years within the first year before Circular No. 120/2005/TT-BTC of the Ministry of Finance takes effect (February 15, 2006). The Ministry of Finance hereby provides guidance as follows:
According to Article III, Part C of Circular No. 120/2005/TT-BTC dated December 30, 2005 issued by the Ministry of Finance guiding implementation of Decree No. 142/2005/NĐ-CP dated November 14, 2005 of the Government on land rent collection and surface water rental:
- From February 15, 2006 (the date Circular No. 120/2005/TT-BTC takes effect), in cases where enterprises pay land rent in one installment for multiple years within the first year, they do not qualify for reduction of land rent and surface water rental as stipulated in Article 15 of Decree No. 142/2005/NĐ-CP issued by the Government.
- For foreign-invested enterprises that paid land rent in one installment for multiple years within the first year before February 15, 2006, they shall still apply the provisions at Point 6, Article 8 of the Regulations on Land Rent and Surface Water Rental Applicable to Foreign Investment Forms in Vietnam issued by Decision No. 189/2000/QĐ-BTC dated November 24, 2000 of the Minister of Finance.
The Ministry of Finance hereby informs Provincial Tax Departments for their knowledge and implementation.
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Deputy Minister of Finance Truong Chi Trung |
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