This circular guides foreign-invested enterprises on loss carryforward registration, specifying deadlines and conditions based on previous circulars of the Ministry of Finance.
适用范围
Foreign-invested enterprise
要点
- The enterprise must register for loss carryforward immediately after the fiscal year in which losses occur as stipulated in Circular No. 13/2001/TT-BTC.
- For losses from fiscal years 1997-2000, enterprises that have not registered a loss carryforward plan may still register if they meet the condition: no profit has been generated or profit has been generated but tax settlement is yet to be finalized.
- If tax settlement has been completed, registration for loss carryforward shall not alter the settled state budget revenue.
- For losses from fiscal years 2000 onwards, enterprises must comply with deadlines and conditions stipulated in Circular No. 13/2001/TT-BTC.
- The Tax Department is responsible for guiding enterprises to implement loss carryforward registration as prescribed.
🌐 本文件的社会影响
- To assist foreign-invested enterprises in complying with regulations on loss carryforward registration, ensuring transparency and fairness in tax administration.
- Enterprises that fail to register for loss carryforward promptly may face burdens if they do not meet new conditions.
- Enhance the effectiveness of financial management by tax authorities.
❓ 常见问题
Which fiscal years can enterprises register losses from?
Losses arising from fiscal years 1997-2000 that have not been registered for a loss carryforward plan may still be registered under new regulations. For losses from fiscal year 2000 onwards, enterprises must comply with deadlines and conditions.
What are the conditions for registering losses from fiscal years 1997-2000?
The enterprise has not generated profit or has generated profit but tax settlement is yet to be finalized.
If an enterprise has completed tax settlement, can loss carryforward registration alter the settled state budget revenue?
No, loss carryforward registration shall not alter the settled state budget revenue.
What responsibilities does the Tax Department have in implementing this circular?
Guide enterprises to implement loss carryforward registration as prescribed.
全文
LETTER
OF THE MINISTRY OF FINANCE NUMBER 7203/TC-TCT DATED AUGUST 1, 2001
REGARDING REGISTRATION FOR LOSS CARRYFORWARD
Dear: Provincial and Central City Tax Departments
Recently, the Ministry of Finance received recommendations from some foreign-invested enterprises requesting guidance on implementing loss carryforward methods. Regarding this issue, the Ministry of Finance has the following comments:
According to the guidelines set forth in Circular No. 74/TC-TCT dated October 20, 1997, Circular No. 89/1999/TT-BTC dated July 16, 1999, and Circular No. 13/2001/TT-BTC dated March 8, 2001 of the Ministry of Finance, enterprises must register for loss carryforward immediately after the fiscal year in which losses occur. However, due to inconsistencies in implementing loss carryforward by enterprises and their non-compliance with the provisions of the aforementioned Circulars, the Ministry of Finance hereby provides additional guidance on registering for loss carryforward as follows:
- For losses arising from fiscal years 1997-2000, if enterprises have not registered a loss carryforward plan, they may register a loss carryforward plan as prescribed in Circular No. 13/2001/TT-BTC mentioned above for the following cases:
+ Enterprises that have not yet generated profits
+ Enterprises that have generated profits during fiscal years exempted from tax but the tax authority has not completed tax settlement. If tax settlement has been completed, registration for loss carryforward shall not alter the budget revenue already settled.
- For losses arising from fiscal years 2000 onwards, enterprises must register for loss carryforward in accordance with the deadlines stipulated in Circular No. 13/2001/TT-BTC dated March 8, 2001 of the Ministry of Finance.
The Ministry of Finance hereby informs the Tax Departments and guides enterprises to implement accordingly.
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