Thông tư 12/2009/TT-BTC

CIRCULAR

GUIDING IMPLEMENTATION OF THE EXTENSION FOR PAYMENT OF CORPORATE INCOME TAX IN YEAR 2009 APPLICABLE TO ENTERPRISES IN A NUMBER OF BUSINESS LINES

Pursuant to the Law on Corporate Income Tax1 and its implementing guidelines;
Pursuant to the Law on Management of Tax and its implementing guidelines;
Pursuant to Resolution 21/2008/QH12 of the National Assembly Legislature XII on the estimated State Budget for year 2009;
Pursuant to Decree 118/2008/ND-CPof the Government dated 27 November 2008 on functions, duties, powers and organizational structure of the Ministry of Finance;
Pursuant to Decision 16/2009/QD-TTg of the Prime Minister of the Government dated 21 January 2009 issuing tax solutions for implementing the policy on stimulating investment and sales in order to alleviate the economic downturn and relieve hardships for enterprises;
The Ministry of Finance hereby provides the following guidelines on extension of time for payment of CIT payable [and] arising in year 2009 applicable to enterprises in a number of business lines:

Part I

GENERAL PROVISIONS

Article 1. Applicable scope

1. To extend by nine (9) months the time for payment of CIT payable [and] arising in year 2009 on income from the following business activities:

- Manufacture of mechanical engineering products being means of production.

- Manufacture of building materials comprising the various types of bricks and tiles; and lime and paint.

- Construction, assembly and installation.

- Tourism services.

- Food products business.

- Fertilizer business.

2. Small and medium-sized enterprises shall implement the extension for payment of CIT in accordance with the guidelines in Circular 03/2009/TT-BTC of the Ministry of Finance dated 13 January 2009.

Article 2. Conditions for application of the extension

1. The business line or lines set out in article 1 above must be stipulated in the business registration certificate, and there must be actual business activities.

2. The extension of time for payment of CIT shall only apply to enterprises which have implemented the accounting regime on invoices and source documents and which have registered to pay tax in accordance with their declarations.

Part II

EXTENSION FOR PAYMENT OF CORPORATE INCOME TAX

Article 3. Determining the amount of CIT eligible for the extension of time for payment

The amount of CIT eligible for the extension of payment ["deferment"] shall be the amount of CIT in each quarter of year 2009 which is payable on income from the activities stipulated in article 1 of Part I of this Circular.

The amount of CIT eligible for the deferment shall be determined in accordance with the results of business accounting by an enterprise, if such enterprise accounts separately for income from the business activities eligible for the extension.

If an enterprise does not maintain separate accounting as referred to above, then the amount of CIT eligible for the deferment shall be determined as a percentage, namely revenue from business activities entitled to the deferment over total revenue from all business activities of the enterprise in each quarter.

Article 4. Period of deferment and CIT declaration in each quarter

1. The period of the deferment shall be as follows:

- Payment of the amount of CIT for the first quarter of year 2009 shall be deferred until 30 January 2010 at the latest.

- Payment of the amount of CIT for the second quarter of year 2009 shall be deferred until 30 April 2010 at the latest.

- Payment of the amount of CIT for the third quarter of year 2009 shall be deferred until 30 July 2010 at the latest.

- Payment of the amount of CIT for the fourth quarter of year 2009 shall be deferred until 30 October 2010 at the latest.

2. Declaration of the amount of tax to which the deferment applies shall be made as follows:

Enterprises shall declare the amount of tax for which the deferment applies in each quarter, in accordance with the guidelines in Sections 1 and 3 of Part B of Circular 60/2007/TT-BTC of the Ministry of Finance dated 14 June 2007. At the same time, enterprises shall include in their declarations an undertaking to fully pay the relevant amount of CIT at the expiry of the deferment period.

If the last day for lodging a tax declaration file or the last day of a deferment period stipulated in this article is a holiday as stipulated by law, then such last day shall be extended until the next day after the holiday.

Part III

ORGANIZATION OF IMPLEMENTATION

Article 5. This Circular shall be of full force and effect after forty-five (45) days from the date of its signing, and shall apply as from the period for declaration of CIT for the first quarter of year 2009.

Article 6.. Any problems arising during implementation should be promptly reported to the Ministry of Finance for resolution.