Circular No. 8159/TC/TCT stipulates that the VAT rate applicable to specific items such as water filters, dish drying machines, faucet valves... is 10%. The document guides non-retroactive collection for cases where taxes were paid at a 5% rate before January 1, 2004.
适用范围
Provincial and centrally-administered city Tax Departments; enterprises and business establishments
要点
- Items such as water filters (non-electric), dish drying machines... shall apply a VAT rate of 10% from January 1, 2004.
- Business establishments that declare and pay VAT at an incorrect tax rate will be subject to retroactive collection and penalties according to current regulations.
- Cases where taxes were paid at a 5% rate before January 1, 2004 shall not be subject to retroactive collection for underpaid taxes.
- Enterprises that have paid retroactive taxes are entitled to offset against future VAT liabilities by the tax authority.
- This document guides the application of VAT rates for specific items according to Circular No. 120/2003/TT-BTC
🌐 本文件的社会影响
- Enterprises and business establishments should be aware of the applicable VAT rate for specific items.
- The Tax Authority has grounds to process retroactive collection and penalties for cases where declarations and payments do not comply with regulations.
❓ 常见问题
What is the VAT rate applied to water filters (non-electric)?
10%
If an enterprise paid taxes at a 5% rate before January 1, 2004, will they be subject to retroactive collection?
No retroactive collection for underpaid taxes.
Is the enterprise entitled to offset against future VAT liabilities when paying retroactive taxes?
Yes, enterprises are entitled to offset by the tax authority.
全文
LETTER
OF THE MINISTRY OF FINANCE NUMBER 8159 TC/TCT DATED JULY 23, 2004
REGARDING VALUE ADDED TAX RATES
Dear: Provincial and Central City Tax Bureaus
The Ministry of Finance has received requests from several enterprises and the Tax Department regarding the value added tax (VAT) rates for certain goods such as water filtration pitchers (non-electric); dish drying machines; household water pumps; bathroom and toilet faucets; kitchen exhaust fans; mobile phone chargers; aquarium oxygen and air pumps; record cleaning discs... Regarding this matter, the Ministry of Finance provides specific guidance as follows:
1. According to Circular No. 122/2000/TT-BTC dated December 29, 2000 issued by the Ministry of Finance guiding the implementation of Decree No. 79/2000/NĐ-CP dated December 29, 2000 of the Government detailing the implementation of the Law on Value Added Tax (VAT), the goods mentioned above apply a VAT rate of 10%. In cases before January 1, 2004, customs authorities based on Appendix No. 4 - Table of VAT rates according to imported goods categories (annexed to Circular No. 122/2000/TT-BTC dated December 29, 2000 issued by the Ministry of Finance) collected import VAT at a rate of 5%, and businesses declared sales under a VAT rate of 5%, no additional tax will be pursued according to the guidance provided in Circular No. 122/2000/TT-BTC dated December 29, 2000 issued by the Ministry of Finance. In cases where enterprises have paid into the State budget any additional VAT as decided by tax authorities, these enterprises shall be allowed by tax authorities to offset this amount against future VAT liabilities.
2. As of January 1, 2004, implementation will follow Circular No. 120/2003/TT-BTC dated December 12, 2003 issued by the Ministry of Finance guiding the implementation of Decree No. 158/2003/NĐ-CP dated December 10, 2003 of the Government detailing the implementation of the Law on Value Added Tax and the Law Amending and Supplementing Certain Provisions of the Law on Value Added Tax, the goods mentioned above apply a VAT rate of 10%. Businesses that declare and pay VAT at rates not in accordance with regulations will be subject to additional tax collection and penalties according to current laws.
During implementation, if any issues arise, please promptly report them to the Ministry of Finance (General Department of Taxation) for further guidance.
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