Circular No. 71/2021/TT-BTC guiding corporate income tax for socialized entities that have not been retroactively taxed under Resolution No. 63/NQ-CP dated August 25, 2014 of the Government.

CIRCULAR
Guidelines on corporate income tax for socialized entities not subject to back taxes under Resolution No. 63/NQ-CP dated August 25, 2014 of the Government

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Corporate Income Tax Law dated June 3, 2008; the Law Amending and Supplementing Certain Provisions of the Corporate Income Tax Law dated June 19, 2013;

Pursuant to the Law amending and supplementing certain Articles of Laws on Taxation dated November 26, 2014;

amending and supplementing certain forms of

Pursuant to 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;

Pursuant to 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 Tax Laws and Amending and Supplementing Certain Provisions of Tax Decrees;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Resolution No. 118/NQ-CP dated August 10, 2020 of the Government on the regular meeting of the Government in July 2020;

At the request of the Director General of the State Tax Administration,

The Minister of Finance issues this Circular guiding corporate income tax for socialized entities not subject to back taxes under Resolution No. 63/NQ-CP dated August 25, 2014 of the Government.

Article 1. Socialized entities established before Decision No. 1470/QĐ-TTg dated July 22, 2016 of the Prime Minister takes effect, generating income from socialization activities, shall fulfill their corporate income tax obligations as follows:

1. Socialized entities are entitled to corporate income tax incentives according to the provisions of the law and decisions of the Prime Minister during specific periods, specifically:

a) In cases where socialized entities meet the conditions set out in the Detailed List of Types, Criteria, Scale, and Standards of Socialized Entities in the fields of education-training, vocational training, healthcare, culture, sports, and environment attached to Decision No. 1466/QĐ-TTg dated October 10, 2008 of the Prime Minister (hereinafter referred to as Decision No. 1466/QĐ-TTg), they are entitled to corporate income tax incentives for the remaining period according to the Corporate Income Tax Law from the date they meet the conditions stipulated in Decision No. 1466/QĐ-TTg.

b) In cases where socialized entities meet the conditions set out in the Revised and Supplementary List of Types, Criteria, Scale, and Standards of Socialized Entities in the fields of education and training, vocational training, healthcare, culture, sports, and environment attached to Decision No. 693/QĐ-TTg dated May 6, 2013 of the Prime Minister (hereinafter referred to as Decision No. 693/QĐ-TTg), they are entitled to corporate income tax incentives for the remaining period according to the Corporate Income Tax Law from the date they meet the conditions stipulated in Decision No. 693/QĐ-TTg.

c) In cases where socialized entities meet the conditions set out in the Revised and Supplementary List of Types, Criteria, Scale, and Standards of Socialized Entities in the fields of education and training, vocational training, healthcare, culture, sports, and environment attached to Decision No. 1470/QĐ-TTg dated July 22, 2016 of the Prime Minister (hereinafter referred to as Decision No. 1470/QĐ-TTg), they are entitled to corporate income tax incentives for the remaining period according to the Corporate Income Tax Law from the date they meet the conditions stipulated in Decision No. 1470/QĐ-TTg.

d) In cases where socialized entities meet the conditions set out in the Detailed List of Types, Criteria, Scale, and Standards of Socialized Entities in the fields of education-training, vocational training, healthcare, culture, sports, and environment prior to the effective date of Decision No. 1466/QĐ-TTg or Decision No. 693/QĐ-TTg or Decision No. 1470/QĐ-TTg, they are entitled to corporate income tax incentives for the remaining period according to the Corporate Income Tax Law from the effective date of Decision No. 1466/QĐ-TTg or Decision No. 693/QĐ-TTg or Decision No. 1470/QĐ-TTg.

2. Socialized entities that do not meet the conditions stipulated in the Prime Minister's Decisions mentioned in Clause 1 of this Article shall declare supplementary corporate income tax (if any), calculate the corporate income tax payable themselves or the tax authority shall collect the corporate income tax due according to the Law on Tax Administration and guiding documents until the date they meet the conditions stipulated in the Prime Minister's Decisions.

3. Socialized entities with corporate income tax arising as prescribed in Clause 2 of this Article shall not be subject to penalties for violations of tax laws and shall not be charged late payment interest on temporarily uncollected corporate income tax as prescribed in Article 24 of Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance up to the effective date of this Circular. From the day following the effective date of this Circular, if socialized entities have not paid the temporarily uncollected corporate income tax mentioned above, they must pay late payment interest on the unpaid tax amount and be subject to penalties for tax law violations (if applicable).

Article 2. Effective Date

1. This Circular takes effect from November 1, 2021.

2. Repeal Article 24 of Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance guiding the implementation of Decree No. 91/2014/NĐ-CP dated October 1, 2014 of the Government amending and supplementing certain articles of tax decrees.

Article 3. Implementation Organization

1. Tax authorities at all levels shall be responsible for disseminating and guiding corporate income tax for socialized entities not subject to back taxes according to the contents of this Circular.

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

DEPUTY MINISTER
DEPUTY MINISTER

Tran Xuan Ha