Circular 43/2019/TT-BTC guide Decree 82/2018 management of industrial parks

CIRCULAR

Guiding Clause 4, Article 24 of the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones^[1]

Pursuant to Law No. 14/2008/QH12 on Enterprise Income Tax and Law No. 32/2013/QH13 Amending and Supplementing a Number of Articles of the Law on Enterprise Income Tax;

Pursuant to Law No. 71/2014/QH13 Amending and Supplementing a Number of Articles of the Laws on Taxes;

Pursuant to the Government’s Decree No. 218/2013/ND-CP of December 26, 2013, detailing and guiding a number of articles of the Law on Enterprise Income Tax;

Pursuant to the Government’s Decree No. 91/2014/ND-CP of October 1, 2014, amending and supplementing a number of articles of the decrees on taxes;

Pursuant to the Government’s Decree No. 146/2017/ND-CP of December 15, 2017, amending and supplementing a number of the Government’s Decree No. 100/2016/ND-CP of July 1, 2016, and Decree No. 12/2015/ND-CP of February 12, 2015;

Pursuant to the Government’s Decree No. 12/2015/ND-CP of February 12, 2015, detailing the implementation of the Law Amending and Supplementing a Number of Articles of Laws on Taxes and amending and supplementing a number of articles of the decrees on taxes;

Pursuant to the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones;

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

At the proposal of the General Director of Taxation;

The Minister of Finance promulgates the Circular guiding Clause 4, Articles 24 of the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, prescribing the management of industrial parks and economic zones.

Article 1. To guide Clause 4, Article 24 of the Government’s Decree No. 82/2018/ND-CP of May 22, 2018

1. Expenses for investment in the construction, operation or lease of apartment buildings and social infrastructure facilities serving workers in industrial parks and economic zones shall be considered deductible expenses upon the calculation of taxable incomes of enterprises having investment projects in industrial parks or economic zones as follows:

a/ Value of fixed assets shall be calculated into work value and the depreciation thereof shall be considered deductible expenses upon the determination of enterprises’ taxable incomes if the condition of being fixed assets under the Ministry of Finance’s regulations on the regime of management, use of depreciation of fixed assets is satisfied.

b/ Expenses (except those mentioned at Point a, Clause 1 of this Article) shall be calculated into enterprises’ deductible expenses upon the determination of taxable incomes in accordance with the law on enterprise income tax.

2. Incentives for investment projects to build houses, cultural and sports facilities and social infrastructure facilities to serve workers of industrial parks and economic zones

Investment projects to build houses, cultural and sports facilities and social infrastructure facilities to serve workers of industrial parks and economic zones are entitled to incentives provided by the regulations on construction of social houses and relevant regulations.

Article 2. Effect

1. This Circular takes effect on August 26, 2019.

2. Expenses for investment in the construction, operation or lease of apartment buildings and social infrastructure facilities to serve workers of industrial parks and economic zones arising from July 10, 2018, must comply with Clause 4, Article 24 of Decree No. 82/2018/ND-CP and the guidance in Article 1 of this Circular.

3. Tax agencies at all levels shall disseminate the contents of this Circular and guide enterprises in implementing them.

4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for study and settlement.-

For the Minister of Finance
Deputy Minister
TRAN XUAN HA