Circular No. 72/TC-TCT in 1995 supplements and amends Circular No. 78 TC/TCT in 1994 of the Ministry of Finance on land transfer tax, stipulating conditions for considering tax reduction for officials, employees transferring residence upon job transfer or retirement. The time for considering tax exemption and reduction starts from July 1, 1994.
Scope of application
Officials, employees transferring residence together with land transfer rights to areas not belonging to new economic zones, mountainous regions, islands when job transferring or retiring.
Key points
- Officials, employees transferring residence from central cities to suburban districts; from wards in cities, towns to other districts; from midland and mountainous provinces transferring residence between districts or from plains to midland and mountainous regions; from one province to another shall be considered for tax reduction according to Article 14 of Decree No. 114/CP.
- The time for considering tax exemption and reduction starts from July 1, 1994 for cases moving to settle in new economic zones, mountainous regions, islands or job transferring, retiring according to the decision of competent state agencies.
- The condition for considering tax reduction is that the residence must be transferred together with the transfer of land use rights.
🌐 Social impact of this document
- Positive impact: Reducing financial burden for officials, employees when job transferring or retiring, creating favorable conditions for them to settle in new economic zones, mountainous regions, islands.
- Negative impact: It may reduce state tax revenue if the number of people exempted or reduced in tax increases.
❓ Frequently asked questions
Which officials, employees have the right to be considered for tax reduction?
Officials, employees transferring residence together with the transfer of land use rights to areas not belonging to new economic zones, mountainous regions, islands when job transferring or retiring.
When does the time for considering tax exemption and reduction start?
The time starts from July 1, 1994 for cases moving to settle in new economic zones, mountainous regions, islands or job transferring, retiring according to the decision of competent state agencies.
What conditions are there for being considered for tax reduction?
The condition is that the residence must be transferred together with the transfer of new land use rights.
How long does the time for considering tax exemption and reduction last?
This circular does not specify a specific duration for tax exemption and reduction consideration, only determining from July 1, 1994.
Are there any regions exempted from land transfer tax under this circular?
There are no regions exempted from land transfer tax under this circular, only stipulating conditions for considering tax reduction for specific cases.
Full text
CIRCULAR
MINISTRY OF FINANCE DECREE NO. 72/TC-TCT DATE OCTOBER 3, 1995
GUIDELINES TO SUPPLEMENT AND AMEND CIRCULAR NO. 78/TC-TCT DATE SEPTEMBER 30, 1994 OF THE MINISTRY OF FINANCE ON LAND TRANSFER TAX
USE OF LAND
Implementing Decree No. 114/CP dated September 5, 1994 of the Government detailing the implementation of the Law on Land Transfer Tax; the Ministry of Finance issued Circular No. 78/TC-TCT dated September 30, 1994 to guide its implementation. To align with current circumstances, this Circular supplements some provisions of Circular No. 78 TC/TCT dated September 30, 1994 regarding land transfer tax as follows:
ADDING TO SECTION IV: EXEMPTIONS, REDUCTIONS:
1. ADDITIONAL CONDITIONS FOR CONSIDERATION OF TAX REDUCTION UNDER CLAUSE 4 - ARTICLE 14 OF DECREE NO. 114/CP DATED SEPTEMBER 5, 1994 OF THE GOVERNMENT:
Civil servants and employees who move residences along with the transfer of land use rights to areas not classified as new economic zones, mountainous regions, or islands due to job transfers or retirement shall be eligible for tax reduction under the following conditions:
+ Moving from inner city districts to suburban counties or towns within cities directly under the Central Government.
+ Moving from wards in provincial cities or towns to other counties or towns.
+ Moving from one county to another within the midland and mountainous regions, or moving from plains counties to midland and mountainous counties.
+ Moving residence from one province or city directly under the Central Government to another province or city.
II. REGARDING THE TIME PERIOD FOR CONSIDERATION OF EXEMPTION OR REDUCTION OF LAND TRANSFER TAX AS PROVIDED IN ARTICLES 13, 14, AND 15 OF DECREE NO. 114/CP DATED SEPTEMBER 5, 1994 OF THE GOVERNMENT AS FOLLOWS:
+ In cases where households or individuals relocate to settle in new economic zones, mountainous regions, or islands, or in cases where civil servants and employees are transferred or retire according to decisions by competent state agencies after July 1, 1994 (July 1, 1994 being the effective date of Decree No. 114/CP), and such relocation involves a change in residence with the transfer of land use rights, they are eligible for consideration of exemption or reduction of land transfer tax.
Any issues arising during implementation should be promptly reported to the Ministry of Finance for guidance on implementation./.
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