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Income tax Incentives
Income tax Incentives

1Legal Basis

- Pursuant to Income Tax Act issued in June 3rd, 2008 and amending Law supplementing some articles of the Law on Income Tax in June 19th, 2013;

- Pursuant to Law amending and supplementing some articles issued in November 26th, 2014;

- Pursuant to Decree no 12/2015/ ND-CP issued in February 12th, 2015 by Gorvernment regulating details in implementing some articles in Law amendment and supplementation of Tax Law and amending and supplementing some articles of Tax Decree

- Pursuant to circular no 95/2015/TT-BTC  instructing corporate income tax in Decree no 12/2015/NĐ-CP issued in February, 12th, 2015 by the Government regulating details in enforcing some articles in Law amendment and supplementation, amending and supplementing some articles of Tax Decree, amending and supplementing some articles of circular no 78/2014.TT-BTC in June 18th, 2014, circular no 151/2014/TT-BTC in June 18th, 2014, circular no 119/2014/TT-BTC in August 25th, 2014, circular no 119/2014/TT-BTC in August 25th, 2014, circular no 151/2014/TT-BTC in October 10th, 2014 issued by Department of Finance .

  

LONG AN ( according to category of Geographical areas of Income tax Incentives issued along with decree no 218/2013/NĐ-CP in December 26th, 2013 by Government)

  • Geographical areas with particular socio- economic difficulties: Kien Tuong town, Duc Hue, Moc Hoa, Tan Thanh, Duc Hoa, Vinh Hung, Tan Hung.
2

Tax Incentives

Tax incentives 10% in 15 years applying to:

a) The income of the enterprise from implementing new investment projects in: areas with particularly economic- social difficulties mentioned in provisions in the Appendix issued together with Decree No. 218/2013 / ND-CP Economic Zone, high-tech zone including the focused information technology area established by decision of the Prime Minister.

b) Enterprise Income from implementation of new investment projects in the following fields: scientific research and technological development; high-tech applications in the list of high-tech investment and development priorities in accordance with the Law on High Technology; High-technology incubators, business incubators, high-tech; venture capital for high-tech development in the list of high-tech development priorities in accordance with the law on high technology; construction investment - business incubators high technology business incubators tech; investment in the development of water plants, power plants, water supply and drainage systems; bridges, roads and railways; airports, seaports, river ports; airports, railway stations and other especially important infrastructure projects decided by the Prime Minister; manufacturing software products; producing composite materials, construction materials, light, rare materials; producing renewable energy, clean energy, energy from waste disposal; biotechnology development.

c) Enterprise Income from implementation of new investment projects in the fields of environment protection, including: equipment production, environment pollution treatment, monitoring equipment and environmental analysis; pollution treatment and environmental protection; collection and treatment of waste water, waste gas and solid waste; recycling and reuse wastes.

d) High-tech enterprises, agricultural enterprises high-tech applications in accordance with the Law on high technology.

đ) Enterprise Income from implementation of new investment projects in the manufacturing sector (excluding excising tax commodity production projects, mining projects) that meets one of two criteria:

- The project has a first minimum registered investment capital is of 6 (six) trillion, disburse no more than 3 years from the time of initial investment permitted under the investment law and A total minimum turnover of 10 (ten) trillion / year at the latest after 3 years from the year the revenue from investment projects (From the 4thyear is the last year that enterprise have to reach total sales minimum fee of 10 (ten) trillion / year).

- The project has a first minimum registered investment capital of  6 (six) trillion, disburse no more than 3 years from the time of initial investment permitted under the investment law and frequent use of over 3,000 employees at the latest after 3 years from the year with revenue from investment projects (From the 4th year is the last year that  enterprise have to achieve conditions of use regularly average number of employees 3,000 labors/year ).

e) Enterprise income from investment project implementation in the field of production, excluding production projects with special consume tax goods and mining projects, capitalized at a minimum investment of 12 (ten two) trillion, use of technology must be evaluated in accordance with the Law on high technology, science and technology law, shall disburse the total registered capital not exceeding 5 years from the date allowed investment in accordance with the law on investment.

g) The income of the enterprise from implementing new investment projects producing products on the list of industrial products support development priorities have to meet one of the following criteria:

- Industrial products supporting high technology as stipulated by the Law on high technology;

- Industrial products supporting product manufacturing industries: textile - apparel; Leather - Footwear; electronics and information technology; automotive production and assembly; mechanical engineering that these products as of 01 May 01 2015, the products can not be produced inland or produced but not yet meet the technical standards of the European Union (EU) or equivalent.

3

Tax Incentives

Preferential tax rate of 10% during the operation applies to:

a) Business income part from socialization activities in the field of education - education, vocational training, health, culture, sports and the environment, judicial assessment (hereinafter referred to as socialize sectors ).

15% tax rate on corporate income from farming, livestock producing and processing in the field of agriculture and fishing in sectors other than areas with socio-economic difficulties or areas with particular socio-economic difficuties

b) Incomes of publishing activities of the Publisher under the provisions of the Law on Publication.

c) Income from newspapers printing (including advertising in print) by press agency under the provisions of the Press Law.

c) Business income part from project investing- social housing business to sell, leasing or lease-purchasing for the objects regulated in Article 53 of the Housing Law.

c) Enterprise income from forest planting, caring and protection; income from crops, livestock, aquaculture, agro-processing, fisheries in areas of socio-economic difficulties; Forestry farming in areas with difficulties in socio-economic conditions; Producing, mutipling and planting breeding animals; Manufacturing, mining and refining salt exept for salt specified in Clause 1, Article 4 of Decree No. 218/2013 / ND-CP; Investing in preservation of agricultural products after harvesting, preservation of agricultural, fisheries and food, including direct investment to preserve investment for rental or storage of agricultural products, fisheries and food. "

f) Incomes of the cooperative activities in the field of agriculture, forestry, fisheries and salt that not belongs to the areas of economic - social condition difficulties or particularly difficulties in social- economic conditions.

4

Tax Incentives

Preferential tax rate of 20% in ten years time (10 years) applies to:

a) Enterprise Income from new investment implementation in geographical areas with difficulties in socio - economic conditions is regulated in Appendix issued together with Decree No. 218/2013 / ND-CP by the Government.

b) Income of the enterprise from implementing new investment projects: producing high- quality steel; producing energy-saving products; manufacturing machinery and equipment for production of agriculture, forestry, fishery and salt; manufacturing irrigation equipment; producing and refining animal feed, poultry and seafood; developing traditional industries (including construction and development of traditional industries in producing handicrafts, processed agricultural products and foodstuffs, cultural products).

Applying tax rate of 17% from January 01st, 2016 for enterprises implementing new investment projects in this tax incentives areas.

1.4 Preferential tax rate of 20% during operation (from January 01st, 2016 applying the tax rate of 17%) to be applied to people's credit funds, cooperative banks and macro financial institutions.

For the People's Credit Fund, cooperative banks and micro finance institutions established in areas with particularly difficulties in economic conditions regulated in Appendix issued together with Decree No. 218/2013 / ND-CP of the Government stated that after expiring tax rate of 10% specified in Provision a Article 1, move to apply the tax rate of 20%; from January 01st, 2016 apply the tax rate of 17%.

5

Incentives in time of exempting from or cutting tax

Tax exemption for four years, 50% of the tax payable in the next nine years to:

a) Income of enterprise from implementing investment project specified in Clause 1 of Article 19 of Circular No. 78/2014 / TT-BTC (as amended and supplemented in Paragraph 1, Article 11 of Circular No. 96/2015 / TT BTC) ".

b) Enterprise Income  of Enterprise from implementing new investment projects in the field of socialization performed in areas with socio - economic difficulties or exceptional difficulties specified in Appendix issued with Decree No. 218/2013 / ND-CP.

6

Incentives in time of exempting from or cutting tax

Tax exemption for four years, 50% of the tax payable in the next five  years to:

Tax exemption for four years, reducing 50% of the tax payable in next five years (5 years) to the income of the business from the implementation of new investment projects in the field of social mobilization carried out in areas not on the list geographical areas with socio - economic difficulties or exceptional difficulties specified in Appendix issued together with Decree No. 218/2013 / ND-CP of the Government.
7

Incentives in time of exempting from or cutting tax

Tax exemption for four years, 50% of the tax payable in the next four  years to:

Tax exemption for two years and 50% of the tax payable in four years (4 years) followed for income from implementation of new investment projects provided in Paragraph 4 of Article 19 of Circular No. 96/2015 / TT-BTC and corporate earnings from the implementation of new investment projects in industrial zones (except industrial zone located in the urban districts of special grade, grade I under the central and industrial zones  located in the municipality under provincial grade I).
8Other types of reducing tax

- Business activities in the manufacturing sector, construction, transport who use from 10 to 100 women workers, including women workers account for more than 50% of the 150 regular  employees or frequent use over 100 female workers that  female workers accounted for over 30% of their regular employees of the enterprise are allowed to reduce income tax corresponding payable now with the actual amount spent more for female workers under the guidance of Item clause 2.9 paragraph 2 of Article 6 of Circular No. 96/2015 / TT-BTC if separately accounted.

- Business with employers are ethnic minorities are allowed to  reduce enterprise income tax payable corresponds to the atual amount spent more workers from ethnic minorities stated in  Item b, Point 2.9, Clause 2, Article 6 views Circular No. 96/2015 / TT-BTC if separately accounted.

- Enterprises implementing technology transfer under the priority areas transferred to organizations and individuals in areas with socio - economic difficulties are allowed to reduce 50% corporate income tax payable calculated on the income from technology transfer.


Source: http://en.investinlongan.vn/

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