Decision No. 12/2010/QD-TTg dated February 12, 2010 of the Prime Minister on the extension of the time limit for enterprise income tax payment to further remove difficulties for enterprises and contribute to boosting economic development in 2010

THE PRIME MINISTER

Decision No. 12/2010/QD-TTg of February 12, 2010, on the extension of the time limit for enterprise income tax payment to further remove difficulties for enterprises and contribute to boosting economic development in 2010

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the National Assembly’s Resolution No. 37/2009/QH12 of November 11, 2009, on the 2010 state budget estimates;

At the proposal of the Minister of Finance,

DECIDES:

Article 1. To extend the time limit for payment of enterprise income tax (EIT) for 3 months from the tax payment deadline prescribed in the Law on Tax Administration for:

1. EIT amounts to be paid in 2010 by small- and medium-sized enterprises.

Small- and medium-sized enterprises under this Clause are enterprises satisfying capital or labor criteria prescribed in Clause 1, Article 3 of the Government’s Decree No. 56/2009/ND-CP of June 30, 2009, on development support for small- and medium-sized enterprises.

2. EIT amounts to be paid in 2010 for incomes from textile and garment, leather and footwear production and processing activities of enterprises.

In case an enterprise cannot separately account incomes from textile and garment, leather and footwear production and processing, incomes for calculation of EIT amounts eligible for extension of the payment time limit shall be determined based on the proportion of turnover from textile and garment, leather and footwear production and processing to total turnover of the enterprise.

3. The extension of the EIT payment time limit under Clauses 1 and 2 of this Article applies to enterprises which properly comply with accounting, voucher and invoice regulations and pay tax according to their declarations.

Article 2. Determination of EIT amounts eligible for extension of the payment time limit

1. For small- and medium-sized enterprises: They are EIT amounts to be temporarily calculated on a quarterly basis and finalized EIT amounts for 2010.

In case a small- or medium-sized enterprise declares and pays EIT on real estate transfer upon each transfer, the eligible EIT amounts are the tax amount to be temporarily calculated upon each transfer and the finalized tax amount for these real estate transfer activities.

2. For enterprises engaged in garment and textile, leather and footwear production and processing, they are EIT amounts to be temporarily calculated on a quarterly basis and finalized EIT amounts on incomes from these activities in 2010.

Article 3.  EIT payment extension duration

1. The new deadline for payment of tax amounts to be calculated and temporarily paid in the first quarter of 2010 will be July 30, 2010.

2. The new deadline for payment of tax amounts to be calculated and temporarily paid in the second quarter of 2010 will be October 30, 2010.

3. The new deadline for payment of tax amounts to be calculated and temporarily paid in the third quarter of 2010 will be January 31, 2011.

4. The new deadline for payment of tax amounts to be calculated and temporarily paid in the fourth quarter of 2010 will be April 30, 2011.

5. The new deadline for payment of tax amounts to be paid under the 2010 tax finalization will be June 30, 2011.

6. Small- and medium-sized enterprises which declare and pay EIT upon each transfer of real estate may determine the tax-payment extension duration by themselves which, however, must not exceed 3 months from the tax payment deadline prescribed in the law on tax administration.

Article 4. Implementation provisions

1. This Decision takes effect on April 10, 2010.

2. The Ministry of Finance shall guide the implementation of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG