Decree 41 on tax payment concessions to support taxpayers due to Covid-19 pandemic

Nghị định 41 về gia hạn nộp thuế và tiền thuê đất nhằm hỗ trợ người nộp thuế chịu ảnh hưởng bởi dịch bệnh Covid-19

KPMG Law Limited

Following KPMG’s Tax Alert dated 17/3/2020 on the above subject matter, the Government officially issued Decree 41/2020/ND-CP on 8/4/2020 to extend the timeline for the payment of Corporate Income Tax (“CIT”), Value Added Tax (“VAT”), Personal Income Tax (“PIT”) and land rental for specified months for eligible taxpayers who are economically impacted by the pandemic. Compared to the original draft decree circulated for consideration, Decree 41 has significantly broadened the categories of eligible taxpayers for these tax concessions.

1. Applicable taxpayers Enterprises, organizations, business individuals and business households engaged in: – The production/processing in the following economic sectors: agriculture, forestry and fishery; food; weaving; clothing; leather and related products; wood and bamboo products (except beds, wardrobes, tables and chairs); products from straw and plaiting materials; paper and paper originated products; products from plastic; products from other non-metallic minerals; metal production; mechanical; treating and overlaying metal; electronic products, computers and optical products; automotive and motor vehicle; beds, wardrobes, tables, chairs; construction. – Transportation and warehousing; hospitality and catering; education and training; medical services and social supporting activities; real estate business; employment related services; activities of travel agencies, tourism and support services; composing, recreation and entertainment activities; activities of libraries, archives, museums and other cultural activities; sports and entertainment activities; movie show. – Producing prioritized supporting industrial products; key mechanical products. – Micro and small-sized enterprises defined under the Law on support towards small and mediumsized enterprises No. 04/2017/QH14 and guiding Decree 39/2018/ND-CP dated 11 March 2018. – Credit institutions, branches of foreign banks which implement supporting solutions for clients which are enterprises, organizations and individuals affected by Covid-19 pandemic as regulated by the State Bank of Vietnam. The list of the participating banks will be announced by the State Bank of Vietnam. 2. Deferral of CIT, VAT, PIT and land rental payment to the eligible taxpayers (i). Deferral of CIT payments – Eligible taxpayers will be granted a 5-month payment extension (holiday) for the outstanding 2019 CIT finalisation amount (if not already paid) as well as CIT payable for the first and second quarters of the tax year 2020. – If a taxpayer has already paid the 2019 CIT finalisation amount to the State Budget, it will be allowed to credit this CIT adjustment amount by offsetting againt other taxes payable in 2020. – CIT deferral will also be applied to branches or affiliated business units of eligible taxpayers as identified above, except branches or affiliated business units do not involve into business activities entitled to tax payment deferral.

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KPMG Law Limited

 

KPMG Law Limited is comprised of over 50 dedicated legal professionals who are qualified in Vietnam, the states of New York and California, Canada, and Australia.  Our professionals are spread across three offices representing the major financial and commercial hubs. This coverage ensures that we are able to bring our depth and breadth of experience to support you when and where needed most. KPMG Legal Services is driven by the focusing on providing linkage and synergy between existing Audit, Tax, Consulting, and Advisory functions, which translates to fully integrated approach delivers greater value, reduces inefficiencies, and enhances business flexibility and outcomes on issues.

KPMG Legal Services can support clients in market-entry strategy, restructuring the business, drafting contracts, addressing employment issues, resolving commercial disputes, M&A services (from pre-deal structuring, due diligence, drafting and negotiating transaction documents, completion services, all the way to post-acquisition integration), or tackling regulatory and compliance issues and implementation of remediation measures.

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  • Vietnam
  • Personal Income Tax
  • Corporate Income Tax
  • Corporate Tax
  • Pandemics ( Coronavirus )

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