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Newsletter

NEWSLETTER FEBRUARY 2019

2019-03-29
Newsletter

Official Letter No. 6351/CT-TT&HT (OL 6351): expenses paid for foreign employees without work permit in Vietnam are non-deductible expenses On 15th February 2019, Hanoi Department of Taxation issued OL 6351, which handles the case that a company paid expenses for foreign employees who did not have a valid work permit according to the detailed regulations on Labor Code. According to this OL, such expenses are not deductible expense for corporate income tax purpose. In addition, this OL clarifies that the company is not allowed to deduct input VAT of these expense. Official Letter No. 7335/CT-TT&HT (OL 7335): requirement to inform...

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NEWSLETTER JANUARY 2019

2019-02-27
Newsletter

Official Letter No 650/CT-TT&HT (OL 650): Corporate income tax (CIT) policies on overtime expenses, lunch allowance and house rent On 16th January 2019, Binh Duong Department of Taxation issued OL 650 and answered on a specific case with the following content: A company pays overtime salary to its employees. If such overtime is legally allowed according to the labour regulations, the expense is actually paid to employees, and such expense is supported by adequate documents, following prevailing CIT regulations, overtime salary is considered as deductible expense for CIT purpose. In case the Company pays lunch allowance for its employees by cash...

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NEWSLETTER DECEMBER 2018

2019-01-31
Newsletter

Official Letter No. 23613/CT-TT&HT (OL 23613): VAT refund on returned goods On 28th December 2018, Binh Duong Department of Taxation issued OL 23613 and answered on a specific case with the following content: From 1st February 2018, a Company imported materials for production and paid import tax as well as VAT on these goods. The Company later found that these goods are not in good condition and made an agreement with the oversea supplier to return the goods. In this case, this OL states that the Company shall follow procedures to get refund on VAT for these goods as guided...

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NEWSLETTER NOVEMBER 2018

2018-12-28
Newsletter

Official Letter No. 74289/CT-TTHT (OL 74289): Personal income tax (PIT) treatment of charity activities The OL 74289 issued by Hanoi Department of Taxation on 7th November 2018 answers an inquiry on a case where employees of a company did charity activities, such as donating gifts and money to poor people, disabled individuals and hospitals, and donation was made from employees in the form of salary deduction. This OL states that salary deduction made for charity activities should not be deducted from taxable income of employees for PIT purpose since charitable works are not performed through a charity fund which is...

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NEWSLETTER OCTOBER 2018

2018-11-30
Newsletter

Official Letter No. 18044/CT-TT&HT (OL 18044): VAT requirement for disposed materials On 3rd October 2018, Binh Duong Department of Taxation issued OL 18044, which handles the case that a company no longer uses materials in stock and intends to dispose these materials. If the materials are imported materials and were not subject to VAT according to Clause 4, Circular No. 219/2013/TT-BTC issued by the Ministry of Finance dated 31st December 2013, when changing the purpose of using these materials, the company should declare and pay VAT for imported goods to the customs office where the company registered the customs declaration...

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NEWSLETTER SEPTEMBER 2018

2018-10-31
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Official Letter No. 14848/CT-TT&HT (OL 14848): VAT treatment of additional tax paid On 04th September 2018, Binh Duong Department of Taxation issued OL 14848, which regulates that the VAT paid according to the tax assessment decision made by the customs office due to mistakes in customs declaration dossier shall be declared and be deducted in VAT declaration if such payment is conformable with VAT deduction requirements per Article 15 of Circular No. 219/2013/TT-BTC and Clause 10, Article 1 of Circular No. 26/2015/TT-BTC. Official Letter No. 16144/CT-TT&HT (OL 16144): flat-rate travel allowance paid to employees On 13th September 2018, Binh Duong...

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NEWSLETTER AUGUST 2018

2018-09-28
Newsletter

Official Letter No. 14284/CT-TT&HT (OL 14284): requirements to treat oversea business expenses as deductible expenses for CIT On 23rd August 2018, Binh Duong Department of Taxation issued OL 14284, which handles the case that the company assigned employees to go on a business trip oversea. This OL states the expenses incurred for the trip are considered as deductible expenses for CIT purpose if the company prepares a decision assigning employees to travel oversea, which states clearly the purpose of business trip. The Company should keep invoices and other documents for expenses incurred oversea that are conformable with regulations of the...

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NEWSLETTER JULY 2018

2018-08-31
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Decree No. 72/2018/NĐ-CP on statutory pay rate for public officials, public employees and armed forces’ personnel On 15th May 2018, the Government issued Decree No. 72/2018/NĐ-CP on statutory pay rate for public officials, public employees and armed forces’ personnel, with the following contents: From 01st July 2018, the statutory pay rate is adjusted to increase from VND 1,300,000 to VND 1,390,000 per month, which leads to the increase in salary and allowance for public officials, public employees and armed forces’ personnel. Moreover, pension, social insurance allowance, and monthly allowance which are calculated based on the statutory pay rate also increase....

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NEWSLETTER JUNE 2018

2018-07-31
Newsletter

Decree No. 82/2018/NĐ-CP (Decree 82): incentive policy on Industrial Park and Economic Zone On 22th May 2018, the Government issued Decree 82 with some main points about investment incentives policy applied to Industrial Parks (IP) and Economic Zones (EZ) as follows: IP is eligible for incentives applicable to geographical areas listed on the list of geographical areas with difficult social and economic conditions under the investment law. IP located in geographical areas with extremely difficult social and economic conditions is eligible for incentives applicable to geographical areas listed on the list of geographical areas with extremely difficult social and economic...

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