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VAT policy for enterprises switching to export processing enterprises

Specialized News

On 27 November 2023, Hai Duong Provincial Tax Department issued Official Letter No. 16135/CTHDU-TTHT guiding VAT policy as follows: From the time the Company is granted the first adjusted investment registration certificate and the regulations on export processing enterprises are applied, factory rental services (services performed in export processing enterprises) are applied the tax rate of 0% if meeting the conditions specified in Article 9 of Circular 219/2013/TT-BTC dated 31/12/2013 of the Ministry of Finance.

If the two parties have handed over the factory, paid the money and made VAT invoices before the enterprise is recognized as an export processing enterprise, the lessor shall adjust the invoice made corresponding to the factory rental period from the time the enterprise is recognized as an export processing enterprise as prescribed in Article 19 of Decree No. 123/2020/ND-CP dated 29 October 2020 of the Government.

In case the Company is transferred to an export processing enterprise with input VAT that has not been fully deducted and is not eligible for tax refund, the Company shall be accounted for deductible expenses when determining income subject to corporate income tax or included in the cost of fixed assets if meeting the provisions of Article 4 of Circular 96/2015/TT-BTC dated 22/6/2015 of Ministry of Finance.

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