Thông tư 181/2009/TT-BTC

CIRCULAR

GUIDING THE PRIME MINISTER'S DECISION NO. 96/2009/QD-TTG OF JULY 22, 2009, AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECISION NO. 65/2009/QD-TTG DECISION NO. 66/2009/QD-TTG AND DECISION NO. 67/2009/QD-TTG

Pursuant to June 3, 2008 Law No. 13/2008/QH12 on Value-Added Tax and guiding documents;
Pursuant to June 3, 2008 Law No. 14/2008/QH12 on Enterprise Income Tax and guiding documents;
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Prime Minister's Decision No. 96/2009/QD-TTg of July 22, 2009, amending and supplementing a number of articles of Decision No. 65/2009/QD-TTg Decision No. 66/2009/QD-TTg and Decision No. 67/2009/QD-TTg;
The Ministry of Finance guides the implementation of Decision No. 96/2009/QD-TTg as follows:

Article 1. Fifty-per cent reduction of value-added tax rate

1. To offer 50% reduction of value-added tax rate from July 22, 2009 (the effective date of Decision No. 96/2009/QD-TTg) through December 31, 2009, in the following cases:

a/ Dormitories for lease to students of universities, colleges and professional secondary schools and vocational colleges and vocational intermediate schools (both public or non-public) during their learning period;

b/ Apartments for lease to industrial park workers;

c/ Apartments for sale, lease or lease-purchase to low-income earners facing housing difficulties.

2. Dormitories and apartments eligible for reduction of value-added tax rate defined in this Article must satisfy criteria on dwelling houses and conditions on sale prices, rent rates or lease-purchase rates; eligible entities and conditions for lease, lease-purchase or purchase prescribed in the Prime Minister's Decision No. 65/2009/QD-TTg of April 24, 2009, promulgating a number of mechanisms and policies to develop dormitories for lease to students of universities, colleges, professional secondary schools and vocational schools (Decision No. 65/2009/QD-TTg) Decision No. 66/2009/QD-TTg of April 24, 2009, promulgating a number of mechanisms and policies to develop apartments for lease to industrial park workers (Decision No. 66/2009/QD-TTg) and Decision No. 67/2009/QD-TTg of April 24, 2009, promulgating a number of mechanisms and policies to develop apartments for sale, lease or lease-purchase to low-income earners in urban centers (Decision No. 67/2009/QD-TTg).

3. Enterprises having dormitories and apartments eligible for 50% reduction of value-added tax rate specified in Clause 1 of this Article are those have been observing regulations on accounting, invoices and vouchers and having registered for tax payment according to declaration.

Article 2. Exemption from payable enterprise income tax of 2009

1. To offer exemption from payable enterprise income tax of 2009 for the following incomes:

a/ Incomes from investment and trading in dormitories for lease to students of universities, colleges, professional secondary schools, vocational colleges and vocational intermediate schools during their learning period;

b/ Incomes from investment and trading in apartments for lease to industrial park workers;

c/ Incomes from investment and trading in apartments for sale, lease or lease-purchase to low-income earners facing housing difficulties.

To-be-exempted enterprise income tax amounts will be determined according to enterprises' business accounting results, if enterprises can separately account incomes from business activities eligible for tax exemption. In case enterprises cannot separately account enterprise income tax amounts payable for business activities eligible for tax exemption, to-be-exempted enterprise income tax amounts will be determined according to the proportion of turnover from business activities eligible for tax exemption to the enterprises' total turnover of 2009.

2. Entities eligible for exemption from payable enterprise income tax of 2009 specified in Clause 1 of this Article are investors of projects on construction of dormitories or apartments defined in Article 2 of the Construction Ministry's Circular No. 10/2009/TT-BXD of June 15, 2009. guiding the management of investment projects on construction of dormitories for students and apartments for industrial park workers and low-income earners which implement investment projects on construction of dormitories for lease to students of universities, colleges, professional secondary schools, vocational colleges and vocational intermediate schools; apartments for lease to industrial park workers; or apartments for sale, lease and lease-purchase to low-income earners facing housing difficulties in urban centers under Decision No. 65/2009/QD-TTg Decision No. 66/2009/QD-TTg and Decision No. 67/2009/QD-TTg.

Projects on investment and trading in dormitories or apartments of organizations eligible for enterprise income tax exemption defined in this Article are those satisfying criteria on dwelling houses and conditions on sale prices, rent rates or lease-purchase rates and conditions on eligible entities and conditions for lease, lease-purchase or purchase prescribed in Decision No. 65/2009/QD-TTg Decision No. 66/2009/QD-TTg and Decision No. 67/2009/QD-TTg.

3. Declaration of exempted tax amounts

Enterprises shall declare exempted tax amounts on a quarterly basis under Section I and Section III, Part B of the Finance Ministry's Circular No. 60/2007/TT-BTC of June 14, 2007, and commit to fully paying enterprise income tax upon the expiration of the exemption duration.

Article 3. Organization of implementation and effect

1. This Circular takes effect 45 days from the date of its signing.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Finance for guidance for timely settlement.