News

In cases where a company leases factory premises for production and business activities but the lessor has not yet fulfilled the conditions required for leasing such premises, then pursuant to Article 4 of Circular No. 96/2015/TT-BTC dated June 22, 2015 issued by the Ministry of Finance (amending and supplementing Article 6 of Circular No. 78/2014/TT-BTC), the rental expenses or depreciation expenses of fixed assets being the factory premises (if depreciation is applied to the asset) are not eligible to be considered deductible expenses when determining the company’s taxable corporate income.

Pursuant to Decision No. 571/QĐ-TTg dated March 12, 2025, issued by the Prime Minister on the establishment of a Steering Committee for the reorganization of administrative units at all levels and the development of a two-tier local government model, the Ministry of Finance issues this official dispatch to provide specific guidance on business registration procedures in the event of administrative boundary changes.

On April 2, 2025, the Government issued Decree No. 82/2025/NĐ-CP (“Decree 82”) on the extension of deadlines for the payment of value-added tax (VAT), corporate income tax (CIT), personal income tax (PIT), and land rental in 2025. This Decree takes effect from the date of signing (April 2, 2025) and remains in force until December 31, 2025.

Accordingly, Article 3 of this Decree stipulates the “Application of overdue tax debt thresholds and debt duration in cases of exit suspension,” specifically 04 cases:

In cases where a company issues an invoice at the incorrect time as stipulated in Clause 2, Article 9 of Decree No. 123/2020/NĐ-CP but does not fall under the cases specified in Clause 9, Article 3 of Decree No. 123/2020/NĐ-CP (regarding the use of illegal invoices and documents, and the unlawful use of invoices and documents), and the invoice fully complies with the form and content requirements of Decree No. 123/2020/NĐ-CP, it will be considered a valid invoice.

The General Department of Taxation agrees with the proposal of the Hanoi Tax Department: In cases where fixed assets lack documentation proving the enterprise’s ownership (i.e., the enterprise has not been issued a Land Use Rights Certificate or a Certificate of Ownership for assets attached to the land) as required by law, such assets do not meet the conditions for depreciation deduction as an expense when determining taxable corporate income.

In cases where a domestic enterprise sells goods to a foreign trader with a presence in Vietnam and is designated to deliver the goods to a third party, which is a Vietnamese enterprise, through a bonded warehouse, such transactions do not meet the conditions for export sales to organizations and individuals abroad or for consumption outside Vietnam. Additionally, goods sold to organizations and individuals in non-tariff zones and consumed within these zones do not qualify as exported goods eligible for the 0% VAT rate under Clause 1, Article 9 of Circular No. 219/2013/TT-BTC.

In the case where a taxpayer submits a supplementary declaration for the VAT return for the tax period of June 2023 on August 10, 2023, and the supplementary declaration only results in an increase in the deductible VAT amount for the tax period of June 2023, the taxpayer shall report this adjustment under item [38] “Adjustment to Increase Deductible Value-Added Tax from Previous Periods” on the initial VAT return for the tax period of July 2023. This is in compliance with the regulations, as it falls within the filing deadline for the VAT return of the July 2023 tax period.

The General Department of Taxation requests the Tax Department to confirm individuals’ tax obligations in accordance with the guidelines set forth in Circular No. 80/2021/TT-BTC dated September 29, 2021, issued by the Ministry of Finance.