SUBJECTS ENTITLED TO THE PRIORITY POLICY According to Article 2, Decree No. 41/2020/NĐ-CP.
1. Enterprises, organizations, households and individuals (hereinafter referred to as “taxpayers”) that are manufacturers in the following economic sectors:
a) Agriculture, forestry, aquaculture;
b) Production and processing of food; textiles; garments; manufacture of leather and leather products; wood treatment and manufacture of products from wood, bamboo, rattan (except furniture); manufacture of products from straw and plaiting materials; manufacture of paper products; manufacture of rubber and plastic products; manufacture of products from other non-metallic minerals; metal production; mechanical working; metal treating and coating; manufacture of electronics, computers and optical products; manufacture of automobiles and other motor vehicles; furniture production;
2. Taxpayers that operate in the following economic sectors:
a) Transport and warehousing; accommodation, food and drink; education and training; healthcare and social assistance; real estate trading;
b) Employment services; travel agencies, tourism services and auxiliary tourism services;
c) Composing, art and entertainment; library, archive, museum operation and other artistic activities; sports and entertainment; cinemas.
3. Taxpayers that are manufacturers of prioritized ancillary industry products or key mechanical products.
4. Small enterprises and microenterprises;
5. Credit institutions and foreign bank branches (FBB) shall provide assistance for enterprises, organizations and individuals affected by Covid-19 as prescribed by the State bank of Vietnam (SBV). SBV shall publish the list of credit institutions and FBBs that provide assistance for tax authorities to grant deferral of tax and land rent in accordance with this Decree.
The economic sectors and business lines of taxpayers are those the taxpayers operate in and earn revenue from in 2019 or 2020.
PROCEDURE FOR EXTENSION (According to Article 4, Decree No. 41/2020/NĐ-CP )
1. A taxpayer eligible for tax deferral shall submit an application for tax and land rent deferral (electronically or another method) using the form enclosed here with to the supervisory tax authority. The application shall include all payments of tax and land rent deferred and be submitted together with the monthly or quarterly tax declaration as prescribed by tax administration laws. In case the application for tax and land rent deferral is not submitted together with the monthly or quarterly tax declaration, it shall be submitted by July 30, 2020. The tax authority still defers tax and land rent incurred before the application is submitted if eligible.
In case a taxpayer leases land from the State in more than one administrative division, the taxpayer’s supervisory tax authority shall send copies of the application for tax and land rent deferral to the tax authorities in charge of the areas where land is leased.
2. Taxpayers shall be responsible for their eligibility for deferral as prescribed in this Decree. Tax and land rent shall not be deferred if the application for tax and land rent deferral is submitted after July 30, 2020.
3. The tax authority is not required to inform the taxpayer whether the application is granted or rejected. In case the tax authority discovers that the taxpayer is not eligible for deferral after the application is granted, the tax authority shall send a written notice of ineligibility for deferral to the taxpayer and the taxpayer shall fully pay the tax and/or land rent plus late payment interest that accrues over the period from the deadline to the payment date. In case the tax authority discovers that the taxpayer is not eligible for deferral after the end of the deferral period, the taxpayer shall fully pay the outstanding tax, fine and late payment interest determined by the tax authority.
4. Over the deferral period, the tax authority shall not charge interest on the deferred tax and land rent (even if the application for deferral is submitted after submission of the monthly or quarterly tax declaration but not later than July 30, 2020).
Hoàng Trần Ngọc Anh – FDVN Law Firm
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