Thông tư 03/2021/TT-BTC

Circular No. 03/2021/TT-BTC dated January 11, 2021 on providing guidance on remission of corporate income tax incurred by science and technology enterprises as prescribed in the Government’s Decree No. 13/2019/ND-CP on science and technology enterprises

Nội dung toàn văn Circular 03/2021/TT-BTC remission of corporate income tax incurred by science


MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.: 03/2021/TT-BTC

Hanoi, January 11, 2021

 

CIRCULAR

PROVIDING GUIDANCE ON REMISSION OF CORPORATE INCOME TAX INCURRED BY SCIENCE AND TECHNOLOGY ENTERPRISES AS PRESCRIBED IN THE GOVERNMENT’S DECREE NO. 13/2019/ND-CP DATED FEBRUARY 01, 2019 ON SCIENCE AND TECHNOLOGY ENTERPRISES

Pursuant to the Law on Corporate Income Tax No. 14/2008/QH12 dated June 03, 2008; the Law No. 32/2013/QH13 dated June 19, 2013 providing amendments to the Law on Corporate Income Tax; the Law No. 71/2014/QH13 dated November 26m 2014 providing amendments to tax laws;

Pursuant to the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019;

Pursuant to the Government’s Decree No. 218/2013/ND-CP dated December 26, 2013 providing guidelines for implementation of the Law on corporate income tax and the Law on amendments to the Law on corporate income tax; the Government’s Decree No. 91/2014/ND-CP dated October 01, 2014 providing amendments to Decrees on taxation; the Government’s Decree No. 12/2015/ND-CP dated February 12, 2015 providing guidelines for implementation of the Law on amendments to tax laws;

Pursuant to the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 on science and technology enterprises; 

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Finance;

In implementation of the Prime Minister’s guidelines in the Official Dispatch No. 4377/VPCP-KTTH dated June 02, 2020 of the Office of the Government on corporate income tax policies for science and technology enterprises;

At the request of the Director General of the General Department of Taxation;

The Minister of Finance promulgates a Circular providing guidance on remission of corporate income tax incurred by science and technology enterprises as prescribed in the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 on science and technology enterprises.

Article 1. Scope and regulated entities

1. Scope: This Circular provides guidance on remission of corporate income tax (CIT) incurred by science and technology enterprises as prescribed in the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 on science and technology enterprises.

2. Regulated entities: Science and technology enterprises (STE) as defined in the Law on Science and Technology and the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019, and relevant authorities, organizations and individuals.

If a financially independent branch of an STE meets the requirements laid down in Article 2 hereof, its income from science and technology products shall be also eligible for CIT incentives as prescribed in Clause 1 Article 12 of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019.

Article 2. Eligibility requirements

An STE will be eligible for CIT remission as prescribed in Clause 1 Article 12 of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 if it meets all of the following requirements:

1. It has been issued with an STE certificate by a competent authority.

2. Its annual revenue from production and trading of science and technology products is accounted for at least 30% of its total annual revenue.

a) The STE’s annual revenue from production and trading of science and technology products is total revenue from all of its science and technology products as defined in Clause 1 Article 2 of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019.

b) The STE's total annual revenue is total revenue from its production, trading, service provision, financial income and other incomes (total revenue includes the revenue earned from production and trading of science and technology products in the year).

3. The revenue from provision of IT services that apply scientific and technological findings is the revenue earned from new services only.

Criteria and grounds for determining new IT services that apply scientific and technological findings shall comply with regulations adopted by the Ministry of Science and Technology.

4. The STE must separately record the revenue from production and trading of science and technology products in the period in order to receive CIT incentives. If the STE is unable to separately record its revenue from production and trading of science and technology products for receiving CIT incentives, this revenue shall be determined according to Clause 2 Article 18 of the Law on corporate income tax No. 14/2008/QH12.

In order to receive CIT incentives, the STE must follow accounting, invoice and invoicing regulations and pay CIT by declaration.

Article 3. CIT remission

1. CIT remission rate and duration

a) An STE will receive CIT remission as prescribed in Clause 1 Article 12 of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019. To be specific: The STE will have its CIT payable exempted in 04 years and reduced by 50% in the subsequent 09 years.

b) The CIT remission duration shall be counted consecutively from the day on which the STE is issued with the STE certificate. If the STE has no taxable income within the first three years from the year in which it is issued with the STE certificate, the CIT remission duration shall commence from the fourth year.

c) During the CIT remission duration, the STE will not be entitled to CIT remission in the year in which its revenue from science and technology products fails to account for at least 30% of its total annual revenue as prescribed, and this period will be excluded in the STE’s CIT remission duration.

d) In case the STE has taxable income but its operating period during which it is eligible for CIT remission is less than 12 (twelve) months in the first year, the STE may decide whether it will receive CIT remission in the first year or register with the tax authority to receive CIT remission in the subsequent year. If the STE chooses to receive CIT remission in the subsequent year, it must calculate its CIT payable in the first year and pay it to the state budget as prescribed.

2. Cases of application

a) If the STE has received or is receiving CIT incentives under other conditions (in addition to incentives given to STEs) and is issued with an STE certificate, the duration during which it will receive CIT remission as an STE will be the CIT remission duration given to the STE minus the period during which it has received CIT remission under other conditions.

b) If additional science and technology products are added by a competent authority to the STE certificate of an STE that is operating and receiving CIT remission for an STE, the revenue from such additional science and technology products shall be also eligible for the CIT remission that the STE is receiving for the remaining CIT remission duration.

Article 4. Procedures for granting CIT remission

1. Procedures for granting CIT remission shall comply with regulations of the Law on corporate income tax and the Law on tax administration.

2. The STE shall determine the CIT amount eligible for preferential treatment and specify it on the statement of CIT eligible for preferential treatment made according to the form enclosed herewith. The statement of CIT eligible for preferential treatment shall be sent together with its annual CIT statement.

Article 5. Effect

1. This Circular comes into force from March 01, 2021.

2. Enterprises that have been issued with STE certificate and earned revenue/income from production and trading of science and technology products from the effective date of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 (i.e. March 20, 2019) shall be eligible for CIT remission for STEs in accordance with Article 12 of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 and guidelines in Articles 1, 2, 3 and 4 hereof.

3. Transition clauses

a) An enterprise that has been issued with STE certificate before the effective date of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 and is receiving CIT incentives under other legislative documents issued before the effective date of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 shall continue receiving CIT remission for the remaining duration and shall not receive preferential CIT rate after this Circular comes into force.

b) If the enterprise that has been issued with STE certificate before the effective date of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 but has not yet received any CIT incentives under other legislative documents issued before the effective date of the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 meets the eligibility requirements for CIT incentives for STEs under the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019, it shall receive CIT remission under the Government’s Decree No. 13/2019/ND-CP dated February 01, 2019 for the remaining period.

4. This Circular will abrogate the following regulations:

a) Point 1 Section III of the Joint Circular No. 06/2008/TTLT-BKHCN-BTC-BNV dated June 18, 2008 of the Ministry of Science and Technology, the Ministry of Finance and the Ministry of Home Affairs providing guidance on implementation of the Government’s Decree No. 80/2007/ND-CP dated May 19, 2007 on science and technology enterprises.

b) Clause 8, Clause 9 Article 1 of the Joint Circular No. 17/2012/TTLT-BKHCN-BTC-BNV dated September 10, 2012 of Ministry of Science and Technology, Ministry of Finance and Ministry of Home Affairs providing amendments to the Joint Circular No. 06/2008/TTLT-BKHCN-BTC-BNV dated June 18, 2008 of Ministry of Science and Technology, Ministry of Finance and Ministry of Home Affairs providing guidance on implementation of the Government’s Decree No. 80/2007/ND-CP dated May 19, 2007 on science and technology enterprises.

5. If any legislative documents referred to in this Circular are amended or superseded, the new ones shall apply.

6. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Finance for consideration./.

 

 

PP. MINISTER
DEPUTY MINISTER




Tran Xuan Ha

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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