This circular guides the application of value-added tax (VAT) for national reserve goods sold by the National Reserve Corporation, which are exempt from VAT and related issues concerning purchase and sale invoices. The document specifies how to record on invoices when selling national reserve goods.
适用范围
National Reserve Corporation and other National Reserve agencies
要点
- National reserve goods sold by the National Reserve Corporation are exempt from VAT (Point 22 Section II Part A Circular No. 122/2000/TT-BTC).
- When selling reserve goods, national reserve agencies record the actual price on invoices without adding or subtracting VAT.
- National reserve agencies purchasing reserve goods do not pay VAT and are also not entitled to deduct input VAT (Point 2).
- When selling reserve goods, national reserve agencies do not record a VAT line on invoices.
- Purchasers of reserve goods who are subject to VAT under the deduction method may consider the purchase price inclusive of VAT for determining the sale price exclusive of VAT and calculating deductible input VAT (Point 3).
🌐 本文件的社会影响
- Reduce financial burdens for national reserve agencies by exempting them from paying VAT when selling reserve goods.
- Purchasers of reserve goods who are subject to VAT under the deduction method may deduct input VAT from the purchase price inclusive of VAT.
- Require national reserve agencies to comply with using a uniform invoice for selling reserve goods issued by the National Reserve Corporation.
❓ 常见问题
Are national reserve goods exempt from VAT when sold?
No, according to Point 22 Section II Part A Circular No. 122/2000/TT-BTC.
When purchasing national reserve goods, may national reserve agencies deduct input VAT?
No, according to Point 2 of Circular No. 895-TCT/NV4.
Must national reserve agencies record a VAT line on invoices when selling goods to the market?
No, national reserve agencies do not record a VAT line on invoices (Point 3 of Circular No. 895-TCT/NV4).
May purchasers of national reserve goods who are subject to VAT under the deduction method deduct input VAT?
Yes, the purchase price recorded on the invoice for selling national reserve goods is considered inclusive of VAT for determining the sale price exclusive of VAT and calculating deductible input VAT (Point 3 of Circular No. 895-TCT/NV4).
Which invoices must national reserve agencies use when selling reserve goods?
Must use "reserve goods sales invoice" printed and issued by the National Reserve Corporation according to a uniform model prescribed in Circular No. 09/1999/TT-BTC.
全文
LETTER
OF THE GENERAL DEPARTMENT OF TAXATION NO. 895 TCT/NV4 DATED MARCH 21, 2001
REGARDING THE IMPLEMENTATION OF VALUE-ADDED TAX (VAT)
Dear: National Reserve Corporation
In response to the letter No. 152/DTQG-TCKT dated February 22, 2001 of the National Reserve Corporation regarding the implementation of VAT, the General Department of Taxation provides its opinion as follows:
Pursuant to Decree No. 79/2000/NĐ-CP dated December 29, 2000 of the Government detailing the implementation of the Law on Value-Added Tax and Circular No. 122/2000/TT-BTC dated December 29, 2000 of the Ministry of Finance guiding its implementation:
1. National reserve goods sold by national reserve agencies are exempt from VAT (according to Point 22, Section II, Part A of Circular No. 122/2000/TT-BTC mentioned above), therefore when selling national reserve goods according to the Reserve Management Regulation issued together with Decree No. 10/CP dated February 24, 1996 of the Government and based on actual sales prices (prices set by the government, auction prices or market prices,...), national reserve agencies must record these prices on "national reserve sale invoices" without adding (+) or subtracting (-) VAT according to the prescribed VAT rate for the sold national reserve goods.
2. National reserve agencies selling national reserve goods are not required to pay VAT and therefore cannot deduct input VAT nor be subject to back taxes for purchasing national reserve goods.
However, when purchasing national reserve goods, national reserve agencies must request sellers to issue invoices in accordance with Section IV, Part B of Circular No. 122/2000/TT-BTC mentioned above as the basis for recording the value of purchased goods. In cases where national reserve agencies purchase from entities that do not provide invoices according to regulations, they must prepare a purchase list. Organizations and individuals preparing lists of purchases must bear legal responsibility for the accuracy of the information recorded on these lists; tax authorities will not certify such lists prepared by national reserve agencies.
3. National reserve agencies shall not record VAT lines on "national reserve sale invoices" when selling national reserve goods.
However, organizations and individuals purchasing national reserve goods from national reserve agencies, if they are subject to VAT under the deduction method, may consider the purchase price (payment amount) recorded on "national reserve sale invoices" as including VAT (for items subject to VAT according to regulations) to determine the pre-VAT selling price, VAT, and calculate input VAT deductions in accordance with Point 1b, Section III, Part B of Circular No. 122/2000/TT-BTC mentioned above.
4. According to Point 1, Section III, Part H of Circular No. 122/2000/TT-BTC issued by the Ministry of Finance mentioned above, "provisions in other guiding documents regarding VAT that conflict with this Circular are abolished." The provisions concerning the management and use of invoices for purchasing and selling national reserve goods as detailed in Circular No. 09/1999/TT-BTC dated January 28, 1999 of the Ministry of Finance do not conflict with Circular No. 122/2000/TT-BTC, and Circular No. 122/2000/TT-BTC replaces Circular No. 09/1999/TT-BTC. Therefore, when selling national reserve goods, national reserve agencies must use "national reserve sale invoices" printed and issued by the National Reserve Corporation according to a unified model specified in Circular No. 09/1999/TT-BTC mentioned above.
We request the National Reserve Corporation to provide guidance for national reserve agencies to implement these uniform regulations.
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