Nội dung toàn văn Official dispatch 15743/BTC-CST taxable prices and withholding tax paid on behalf of foreign suppliers
MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIETNAM |
No. 15743/BTC-CST | Hanoi, November 18, 2011 |
To: | - Provincial Departments of Taxation |
The Ministry of Finance have received enquiries about determination of taxable prices of imports and withholding tax paid on behalf of foreign film suppliers. The Ministry of Finance hereby provides the following opinions:
Pursuant to Clause 1.1.2.5 Article 14 of Circular No. 205/2010/TT-BTC dated December 15, 2010 providing guidelines for the Government's Decree No. 40/2007/NĐ-CP dated March 16, 2007 on customs valuation;
Pursuant to Clause 2 Section II Part A and Clause 1 Section III Part B of Circular No. 134/2008/TT-BTC dated December 31, 2008:
1. Where a Vietnamese enterprise signs a contract with a foreign supplier to broadcast a film within a limited broadcasting time and for limited times, the royalties shall not be aggregated with taxable prices of imports. On behalf of the foreign film supplier, the Vietnamese enterprise shall pay withholding tax on the royalties.
2. Where a Vietnamese enterprise signs a contract with a foreign distributor to broadcast a film without limits on broadcasting time, the royalties shall be aggregated with taxable prices of imports. The Vietnamese enterprise is not required to pay withholding tax on the royalties on behalf of the foreign supplier.
Tax authorities and customs authorities of provinces shall comply with the above instructions.
| PP MINISTER |
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