EY Vietnam_ Tax Update_ Apr 2015
Transcription
EY Vietnam_ Tax Update_ Apr 2015
Tax Updates April 2015 April 2015 Tax Updates | Page 1 In this Issue Circular 38/2015/TT-BTC (Circular 38) dated 25 March 2015 s providing detailed guidance on Customs procedures; Customs supervision and inspection procedures; and Tax administration on exported and imported goods. Circular 39/2015/TT-BTC (Circular 39) dated 25 March 2015 regulating Customs valuation of exported and imported goods. Circular 38 and 39 provide many significant changes with an aim to simplify and reform administrative procedures in order to facilitate tax payers in customs declaration and customs clearance practice. Circular 38 and Circular 39 have abolished several previous Circulars in relation to Customs procedure and Customs valuation. These two Circulars took effect since 1 April 2015. Draft Circular guiding the implementation of Corporate Income Tax (CIT) according to Law amending and supplementing some articles of Tax Laws. The draft Circular details regulations on tax deductibility and tax incentives stipulated in Law No.71 and Decree No. 12 April 2015 Tax Updates | Page 2 Circular 38/2015/TT-BTC (Circular 38) dated 25 March 2015 providing detailed guidance on Customs procedures; Customs supervision and inspection procedures; and Tax administration on exported and imported goods Circular 38 supplements a number of articles in relation to Customs supervision and inspection procedures as well as removes some administrative procedures, which aims to facilitate the import and export procedures and improve management of the Government. In this Issue, our update will focus on significant changes which affect the import and export activities of the enterprises. Below are some important changes on Customs supervision and inspection procedures: ► There is more detailed guidance on risk management which shall be performed during the Customs supervision and inspection procedures. Those are consistently applied in Customs clearance and especially in classifying and rating compliance level of enterprises, including: ► ► ► Authorized Economic Operators (AEOs); ► Conformable enterprises; and ► Unconformable enterprises. Rules on examination of dutiable value during the customs clearance process and price validation procedures are included. Circular 38 provides guidance on some cases whereby customs authorities are suspicious of dutiable value and corresponding treatments as follows: ► If customs authorities have sufficient base to reject the declared value if the enterprises agree with the Customs Authority’s conclusion then they shall make revised declaration and be imposed administrative penalties. Otherwise, the Customs Authorities still allow releasing the imports and post-clearance audit shall be performed. ► If customs authorities do not have sufficient base to reject the declared value, the Customs Authorities still allow releasing the imports and proceeding price validation per request of enterprises. The Customs Authorities still accept minor differences which do not affect the authenticity of the Certificate of Origin of the imported goods. Regulations to be removed ► Procedures for notification and revision of Bill of Material (BOM) in relation to processing and export production scheme; ► Procedures for notification of codes of raw materials and exported products; and ► Procedures for liquidation on processing contracts basis. April 2015 Tax Updates | Page 3 Circular 39/2015/TT-BTC (Circular 39) dated 25 March 2015 regulating Customs valuation of exported and imported goods Circular 39 details conditions where royalty/license fee is required to be added into the dutiable value of the imported goods by providing specific examples. Those examples provide scenarios on the conditions of royalty/license fee to be related to the imported goods and to be included in the dutiable value. Draft Circular guiding the implementation of Corporate Income Tax (CIT) according to Law amending and supplementing some articles of Tax Laws Below are some important changes under the draft Circular: Simplifying administrative procedure related to loss of goods: ► Enterprises are not required to submit the explanation letter related to natural disaster, epidemic, fire or goods damaged due to expiry or change of natural biochemical process to the tax authority. ► The local authority’s confirmation on loss due to natural disaster, epidemic, fire is also removed. Requirement on CIT Deductible expenses ► Guidance on calculation of non-deductible interest corresponding to un-contributed equity is detailed ► Payment for health insurance and accident insurance are considered as welfare expenses and part of one-month –salary cap. Investment Expansion in the period 2009-2013 ► Concept of “regular addition of machinery and equipment” is introduced in order to distinguish from 2009-2013 investment expansion. Accordingly, If enterprises use capital sourced from depreciation account for funding machines/equipment without any changes in its capital (notwithstanding change in its original costs of fix assets), then this should be considered “regular addition of machinery and equipment” rather than investment expansion. April 2015 Tax Updates | Page 4 Contact EY │Assurance │Tax│Transactions│Advisory For more information on this Tax Update or our Tax & Advisory Services of EY Vietnam please contact: Hanoi Office Huong Vu [email protected] Partner Trang Pham [email protected] Partner Japanese Business Service Junichi Harada [email protected] Manager EY is a global leader in assurance, tax, transaction and advisory services. 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Korean Business Service Kyung Hoon Han [email protected] About EY APAC No. 160000176 ED None Manager This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice. ey.com Ho Chi Minh Office Christopher Butler [email protected] Partner Nhung Tran [email protected] Partner Thinh Xuan Than [email protected] Partner Thy Thi Anh Huynh [email protected] Director Japanese Business Service Takahisa Onose [email protected] April 2015 Director Tax Updates | Page 5