Công văn 7444/BTC-TCHQ

Respectfully to: Customs Departments in provinces and cities  

For the unified handling of import tax for goods being machines, equipment, means of transport of Financial leasing companies imported for projects prioritized investment in financial leasing, the Ministry of Finance guides Customs Departments in provinces and cities as follows:

Pursuant to provisions in Law on export tax, import tax No. 45/2005/QH11, the Government’s Decree No. 87/2010/ND-CP dated 13/08/2010, the Government’s Decree No. 16/2001/ND-CP dated 02/05/2001, the Circular No. 194/2010/TT-BTC dated 06/12/2010 of the Ministry of Finance;   

Pursuant to the Official Dispatch No. 3453/VPCP-KTTH dated 03/05/2013 of the Office of Government on notifying opinion of the Deputy Prime Minister Vu Van Ninh regarding import tax for machines, equipment, means of transport from the financial leasing of projects enjoyed investment incentives:

If the financial leasing companies import the machines, equipment, means of transport which are hired by subjects enjoyed incentive on import tax exemption specified in clause 7, clause 9, clause 11, clause 12, clause 14 Article 101 of the Circular No. 194/2010/TT-BTC  they will be exempted import tax like case where investor directly import as prescribed in clause 1 Article 22 of the Decree No. 16/2001/ND-CP dated 2/5/2001 from 01/05/2013 and provided that:

- The financial leasing companies and owners of the prioritized investment projects must have contract of financial leasing in which clearly inscribing the lease prices of machines, equipment, means of transport which are imported by the financial leasing companies so as to be hired by projects enjoyed investment incentives not including import tax;

- Upon import, the financial leasing companies must produce List of import goods subject to tax exemption, the reconciliation monitoring slips of goods exempted tax which are registered with customs agencies by the owner of projects enjoyed investment incentives in accordance with current regulation. On that basis, customs agencies shall monitor reconciliation in quantity of goods exempted tax as registered by project owner with customs agencies under the issued slip monitoring reconciliation.

- In case where contract of financial leasing is terminates, project owner, goods are not used for projects enjoyed investment incentives like purpose upon import, the financial leasing companies must report to customs agencies where importing so as to handle collection of import tax on the remaining value of machines, equipment, means of transport which have been exempted as prescribed. Projects enjoyed investment incentives are not permitted to import goods to replace for goods from financial hiring which have been exempted import tax.

The Ministry of Finance notifies Customs Departments in provinces and cities for implementation.