Circular 85/2021/TT-BTC collection and remittance of profits and dividends distributed for the State capital amounts invested in enterprises

CIRCULAR

Guiding the collection and remittance of profits and dividends distributed for the State capital amounts invested in enterprises
____________________

Pursuant to the Law on Tax Administration dated June 13, 2019;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Management and Use of State Capital Invested in Production and Business at Enterprises dated November 26, 2014;

Pursuant to the Law on Enterprise Income Tax dated June 3, 2008; the Law Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax dated June 19, 2013;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Laws on Taxes dated November 26, 2014;

Pursuant to the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020, detailing a number of articles of the Law on Tax Administration;

Pursuant to the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015, on investment of state capital in enterprises and management and use of capital and assets at enterprises;

Pursuant to the Government’s Decree No. 93/2017/ND-CP dated August 7, 2017, on the financial regime applicable to credit institutions and foreign bank branches and financial supervision and assessment of efficiency of state capital investment at credit institutions with 100% state-owned charter capital and credit institutions with state capital;

Pursuant to the Government’s Decree No. 32/2018/ND-CP dated March 8, 2018, amending and supplementing a number of articles of the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015, on investment of state capital in enterprises and management and use of capital and assets at enterprises;

Pursuant to the Government’s Decree No. 140/2020/ND-CP dated November 30, 2020, amending and supplementing a number of articles of the Government’s Decree No. 126/2017/ND-CP dated November 16, 2017, on transformation of state enterprises and single-member limited liability companies with 100% state enterprise-invested charter capital into joint stock companies; the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015, on investment of state capital in enterprises and management and use of capital and assets at enterprises and Government’s Decree No. 32/2018/ND-CP dated March 08, 2018, amending and supplementing a number of articles of the Decree No. 91/2015/ND-CP;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Director General of Taxation;

The Minister of Finance promulgates the Circular guiding the collection and remittance of profits and dividends distributed for the state capital amounts invested in enterprises.

Article 1. Scope of regulation

This Circular details the collection and remittance into the state budget of:

a) After-tax profits remaining after making deductions for funds (hereinafter referred to as remaining profits) for enterprises in which the State holds 100% of charter capital;

b) Dividends and profits in cash distributed for the state capital amounts invested in joint-stock companies, limited liability companies with two or more members whose capital contribution of the State is represented by ministries, ministerial-level agencies, Government-attached agencies and People’s Committees of provinces and centrally-run cities.

Article 2. Subjects of application

1. Enterprises in which the State holds 100% of charter capital, including:

a) Single-member limited liability companies being parent companies of state economic groups;

b) Single-member limited liability companies being parent companies of state corporations;

c) Single-member limited liability companies being parent companies in parent company-subsidiary groups;

d) Independent single-member limited liability companies;

dd) Credit institutions in which the State holds 100% of charter capital.

2. Joint-stock companies and limited liability companies with two or more members, including joint-stock commercial banks whose capital contribution of the State is represented by ministries, ministerial-level agencies, Government-attached agencies and People’s Committees of provinces and centrally-run cities.

3. Representative agencies of state capital owners.

4. Representatives of state capital invested in joint-stock companies and limited liability companies with two or more members.

5. Other agencies, organizations and individuals involved in investment, management and use of state capital at state enterprises.

Click download to see the full text