Circular No. 83/2012/TT-BTC dated May 23, 2012 of the Ministry of Finance guiding the exemption, reduction and deferment of payment of a number of state budget revenues according to the Government’s Resolution No. 13/NQ-CP of May 10, 2012, on a number of solutions for removing production and business difficulties and supporting the market

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Circular No. 83/2012/TT-BTC dated May 23, 2012 of the Ministry of Finance guiding the exemption, reduction and deferment of payment of a number of state budget revenues according to the Government’s Resolution No. 13/NQ-CP of May 10, 2012, on a number of solutions for removing production and business difficulties and supporting the market
Issuing body: Ministry of FinanceEffective date:
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Official number:83/2012/TT-BTCSigner:Do Hoang Anh Tuan
Type:CircularExpiry date:Updating
Issuing date:23/05/2012Effect status:
Known

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Fields:Policy

SUMMARY

PROLONGING THE ENTERPRISE INCOME TAX PAYMENT TERMS FOR 09 MONTHS

 

The Ministry of Finance issued the Circular No. 83/2012/TT-BTC dated May 23, 2012 guiding exemption, reduction and prolongation of time limit for a number of State budget revenues according to the Government’s Resolution No. 13/NQ-CP dated May 10, 2012 on a number of solutions to remove difficulties in production business and market support.

Of which, prolonging the enterprise income tax payment terms for 09 months regarding the enterprise income tax amount payable in 2010 or earlier that until May 10, 2012, the following enterprises still fail to pay State budget remittances: small- and medium-sized enterprises, enterprises in producing, processing sectors, enterprises producing mechanical products being means of production, means of waterway transportation, steel, cement.

Payment delaying shall not be fined within the period from January 01, 2012 until the end of September 30, 2012 regarding the enterprise income tax amounts having not been paid of enterprises prescribed above. If the tax agency has notified the fine for payment delaying, the tax agency shall notify again the fine for payment delaying.

The Circular also stresses on prolonging the deadlines of the value-added tax (VAT) payment of April, May and June of 2012 for 06 months (excluding VAT of the importation stage) regarding enterprises paying VAT under the deduction method being the following subjects: small and medium-sized enterprises, enterprises in producing, processing sectors.

Branches, affiliated units of small and medium-sized enterprises and labor-intensive enterprises which are not in the same province of the head office (excluding units having activities of construction, installation, sale as extra-provincial business declare VAT for temporary calculation under rates 1%, 2%) separately making VAT declaration with the tax agencies directly managing the branches and affiliated units are also subjects of prolongation of VAT payment.

This Circular shall take effect on May 23, 2012. If the contents in previous documents are contrary to the guidance in this Circular, the guidance in this Circular shall apply.
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Effect status: Known

THE MINISTRY OF FINANCE

Circular No. 83/2012/TT-BTC of May 23, 2012, guiding the exemption, reduction and deferment of payment of a number of state budget revenues according to the Government’s Resolution No. 13/NQ-CP of May 10, 2012, on a number of solutions for removing production and business difficulties and supporting the market
Pursuant to June 3, 2008 Law No. 13/2008/QH12 on Value-Added Tax;
Pursuant to June 3, 2008 Law No. 14/2008/QH12 on Enterprise Income Tax;
Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration;
Pursuant to December 16, 2002 Law No. 01/2002/QH11 on the State Budget;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance.
The Ministry of Finance guides the implementation of the Government’s Resolution No. 13/NQ-CP of May 10, 2012, on a number of solutions for removing production and business difficulties and supporting the market as follows:
Article 1. Deferment of value-added tax payment
1. To defer for 6 months the value-added tax (VAT) payment of April, May and June of 2012 (excluding VAT at the importation stage) for the following enterprises that currently pay VAT by the credit method:
a/ Small- and medium-sized enterprises including cooperatives (below referred to as small- and medium-sized enterprises), excluding those doing business in lottery, securities, finance, banking or insurance, production of commodities or provision of services liable to excise tax and grade-1 or special-grade enterprises of economic groups or corporations;

b/ Labor-intensive enterprises engaged in production and processing of agricultural, forest and aquatic products, textiles and garments, leather and footwear, electronic components or construction of socio-economic infrastructure facilities (below referred to as labor-intensive enterprises).

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