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INTRODUCE INTRODUCE
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INTRODUCE INTRODUCE
• In June 2008, the Assembly of Vietnam passed a • The rules have been simplified by mainly
new law taking effect as from 1 January 2009 to eliminating considerable exemptions and
replace the 2003 Act of corporate income tax. reductions.
The main changes are as follows: • The following sections will introduce the major
- The standard has been reduced from 28% to contents of this law called the Act of Corporate
25%; income tax 2008 or law on Corporate income tax
- Individuals and households have been excluded 2008.
from the list of corporate income taxpayers, which • Act 31/2013 /QH13 and 32/2013/QH13
means that they are no longer taxed by corporate amendments and supplements law 2008.
income tax, but taxed by the Act of personal
income tax which was enacted in December 2007
and became effective as from 1 January 2009;
B02033 – Chapter 5: Corporate
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Income Tax
5.1 CONCEPTS
LuậtAND
thi CHARACTERISTICS
hành 5.1 CONCEPTS
LuậtAND
thi CHARACTERISTICS
hành
5.1.11 Concept : 5.1.2. Characteristics:
- Corporate income tax is a tax which the base is Firstly, income tax is a direct tax
incomes of corporations and economic entities. Secondly, despite being a direct tax, corporate income
- The core part of the base is the profit from business tax is less sensitive than personal income tax.
activities
3 of a company. The others are the incomes that Thirdly, corporate income tax is dependent on the profit
an enterprise or an economic entities received in of the taxpayers’ business.
relation
4 to their business such as incomes from asset Fourthly, in certain cases, income tax is regarded as
liquidation, gifts, or donations, etc. withholding of personal income tax.
3 3
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Other
Taxable Base Deductible
= - + taxable
income turnover expenses
incomes
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Thus, in order to define the base income, five factors - The base turnover is the total revenue from the sales
including: of commodities and services, surcharges, and price
- Base turnover,
subsidies earned by business establishments.
- Deductible expenses (or sometimes called
deductions), - The base turnover is in Vietnam dongs. Whereas the
- Other taxable incomes, turnover is in foreign currencies, it will be converted into
- Exempt incomes, Vietnam dong based on the inter-bank transaction
- Losses carried. exchange rate announced by the Commercial bank of
The following sections will look at the main Vietnam at the time of earning.
regulations related to those factors.
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- Quantity discount, goods returns and price reduction The financial report of the Van Linh Co.Ltd for the tax
due to poor quality are excluded from the base year N shows that the gross turnover of the company is
2 billion dongs, of which:
turnover. Beside, cash discount and discount for early
- 1,300 million dongs come from exported goods.;
payment are not subtracted from the base turnover. - The quantity discount is 100 million dongs:
- The time for the turnover to be booked for tax - Discount for early payment is 200 million dongs.
purpose is the time of sale, regardless the time of the Besides, in the tax year this company received a
payment made by the buyer. subsidy of 50 million dongs from the government for the
goods sold to the poor.
Required: define the base turnover for corporate
income tax for the tax year N.
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SOLUTION
- For business establishments that pay value added
The subsidy is added to the base turnover. The quantity discount tax ( VAT) under credit method, their base turnover is
is excluded while the discount for early payment is not.
Therefore, the base turnover for the tax year is:
the turnover exclusive of VAT.
(2,000 – 100 + 50) milion = 1.950 milion dongs - For business establishments that pay VAT under
direct method, their base turnover is the turnover
inclusive of VAT.
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The base turnover in some specific The base turnover in some specific
cases is calculated as follows cases is specified as follows
- For goods sold on installment payment: the base -For property leasing activities: the base turnover is the
turnover is instant price, excluding interest on deferred rent paid by the lessee for each term under the leasing
payment. contract.
- For goods or services used for barter, donation or If the lessee pays rent in advance for several years, the
internal consumption: the base turnover is determined taxpayer can choose one of the following two ways to
based on the selling price of goods or services of the record base turnover for CIT purpose:
same or similar categories at the time of barter, (i) The base turnover is the advance-paid rent divided
donation or internal consumption. by the number of years for which the rent has been paid
- For goods processing activities: the base turnover is in advance;
the revenue of the processing, including remuneration, (ii) The base turnover is advance payment meaning all
costs of fuels, power, extra materials and other costs the advance payment recorded for the year of payment.
for goods processing.
B02033 – Chapter 5: Corporate Income
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Tax
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A) Expenses are deductible if these are not in the list of B) Legitimate invoices and vouchers
non-deductible expenses stipulated by regulation In principle, there are two types of legitimate invoices.
and meet the following three criteria at the same They are:
time: (i) invoices published by the tax offices;
(ii) invoices made and issued by business
(i) Being actual expenses used for generating income establishments which are registered with the tax offices.
or for the purpose of business:
(ii) Be proved by legitimate invoices. Vouchers and
documents stipulated by legislation. The use of the invoices must be compliant with the
(iii) Must have documents payment through the bank for Act of accounting and other regulations on
the invoices with value from over 20 million. invoices stipulated by the Ministry of Finance.
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C 2,000 100,000 80,0000 Conclusion: the provision for the price decrease of inventories of
TNT Co. Ltd. For the tax year 200N is VND20 million.
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C) Non-deductible expenses: 7. Fixed asset depreciation that does not meet the
6. Some expenses relating to materials and terms as stipulated by legislation on depreciation
commodities are: In order to be deductible as depreciation expense, a
- Materials and commodities expenses that exceed the fixed asset of a business establishment has to meet the
consumed norms that have been determined and following criteria:
noticed to the tax office by the business establishment. (i) it must have legitimate vouchers;
(ii) it is used for generating incomes
- The cost of damaged or ruined materials is caused by
(iii) the depreciation has to comply with the stipulations
natural disasters and fires which have not been
by law.
supported by proper documents as prescribed by
There are three depreciation methods accepted
legislation.
including straight-line, adjusted balance and units of
production
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Methol 2: Adjusted declining-balance method Y Book value Accelera Depreciatio Book value at
ea at Beginning ted rate n charge for End of year
EXAMPLE 5.5:
With the date provided in example 5.4 , use the rs of Year year
As the service life of the asset is 5 year, the accelerated 2 60,000,000 40% 24,000,000 36,000,000
rate is doubled. Thus, over a period of 5 years of 3 36,000,000 40% 14,400,000 21,600,000
estimated service life, the depreciation rate is 20
percent. 4 21,600,000 Adjusted 10,800,000 10,800,000
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9) Salaries and/or wages or salary nature expenses in 9) Salaries and/or wages or salary nature expenses in
the following cases: the following cases:
- Salaries and/or wages of the owner of the private - Bonuses or life insurance fees for which the
enterprises; conditions and the levels are not specified in one of the
Salaries and/or wages of the owner of the one-member following documents: labor contracts or labor collective
limited company owned by an individual; agreements or financial regulations, bonus regulations.
- Remuneration paid to the founding member of the - Salaries and remuneration payable written in book but
administrative board of a corporation who does not not actually paid or actually paid to employees but
directly take part in the administration of goods having illegitimate vouchers;
production and trading or service provision;
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10) Any expenses without invoices or vouchers or with 12) Prepaid expenses that do not comply with
invalid vouchers stipulations by law
11) The following taxes: These expenses include :
- Credited or refunded inputs of value added tax; - Pre-recorded asset repair expense but not actually
- Value added tax paid under credit method; paid;
- Corporate income tax - Prepaid rent but allocated incompliantly with the
- Personal income tax on gross salary; legislation
- Foreign contractor taxes on gross price.
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13) Donations 16) Some expenses that do not comply with the specific
In general, donations are not deductible except regulations by the Ministry of finance and other
donations for education, health care, natural disaster competent government including:
recovery and building houses for the poor as stipulated - Extra allowances to women employees;
by legislation. - Extra allowances to minorities employees;
14) Losses for the revaluation of items in foreign
currencies in cash, bank deposits, money in transfer 17) Expenses for basic construction investment to form
and receivables at the end of financial year. fixed assets.
15) Innovative prizes without a regulation of the
innovation and/or a board of innovative examination.
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18) Some other non-deductible expenses: 19) Costume costs: By kind for laborers without
invoices, vouchers or by money for laborers is excess
- Expenses of golf fees or golf member card; from VND 5,000,000 / person / year.
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- Income from capital transfer, securities transfer We have date form Inc Co. Ltd. In 20xx as follows:
+ Total interest receivables for bank deposits:
and real estate transfer VND1,400 million;
+ Total deductible interest expenses for borrowings:
- Incomes from property ownership.
VND1,200 million.
- Income from the land's used right or rented Required: Determine other taxable income in 20xx from
interest Inc.
land or transfer of the land's used right: SOLUTION:
+ Interest receivables are greater than deductible
- Gains from property transfer or liquidation interest expenses. The difference is: VND1,400 million
– VND 1,200 million =VND200 million
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- Incomes form goods production and trading or service We have date from AGV Co.in 20XX as follows:
provision activities overseas is treated as follows: - Base turnover: VND30 billion;
+ If the incomes are generated in countries which - Total deductible expenses: VND26 billion;
have signed double taxation avoidance agreement with - Income received from an investment project in country
Vietnam, The way we record these incomes must be A after payment of CIT for country A at the rate of 20%
compliant with the terms and conditions stated in the VND1,600 million. Country A has not signed the double
agreement. taxation avoidance agreement with Vietnam.
+ If the incomes are generated in countries which
have not signed double taxation avoidance agreement Required: Determine CIT amount payable in 20XX by
with Vietnam, the amount of before- CIT income AGV
overseas are added to other taxable incomes.
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6) Income is divided from activities of contributing Losses can be carried forward for 5 subsequent years
capital, purchasing shares, joint venture and link since the year of loss. Losses are subtracted from the
business with domestic enterprises which has paid the base income of the following tax year.
corporate income tax
7) Donations received for education, scientific research,
cultural and art activities, charities and other social
activities in Vietnam.
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- A maximum amount of 10 percent of base income is transferred - The standard rate is 20%.
to scientific research and technology development fund (STDF)
- The rate of between 32% and 50% is applicable to
- Within 5 years since the year of transfer to the fund, if less than each project by business establishments conducting
70 percent of the STDF is used, the establishments have to pay exploration and exploitation of oil and gas or other
income tax on the non –used fund.
precious natural resources
- If the SDTF is used for other purposes than scientific research
and technology innovation, the establishments have to pay
income tax on the wrong-purpose-used part of the funds and at
the same time they have to pay lay penalty for that wrong –
purpose- used part of the funds.
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- Business establishments that engaged in production, We have date from Viet Co. Ltd. In a tax years as follows:
construction or transport activities and recruit female - Gross turnover exclusive of VAT: VND90,000,000,000
laborers can enjoy corporate income tax reduction - Total declared expenses: VND 80,000,000,000 of which:
corresponding to the amount of extra expenses for the + Salaries expenses with illegitimate vouchers: VND60,000,000
+ Donation with legitimate vouchers for scholarship to a
female laborers. The extra expenses are salaries paid university VND200,000,000
to the female laborers for their work done during the + Donation with legitimate vouchers to a church:
maternity leave, maternity allowance for the first and VND40,000,000
second parturition, and extra training expenses. - Income from a technical service for agriculture:VND60,000,000
- Corporate income tax reduction is applicable to - Net income from liquidation : VND 100,000,000.
business establishments employing a large ratio of - Losses carried forward: VND200,000,000
minority corresponding to the amount of extra expenses Required: define the corporate income tax payable by the
for minority employees. company for the tax year.
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EXAMPLE 5.13
SOLUTION
5.2.5.4. TAX DECLARATION AND PAYMENT 5.2.5.4. TAX DECLARATION AND PAYMENT
5.2.5.4.1. Tax declaration 5.2.5.4.2 Tax payment
- In general, a self- assessment system is applicable to In principle, the due date for tax payment is the filing
income tax declaration in Vietnam. The taxpayers deadline of tax declaration. This means that for
themselves calculate the tax amount payable, files the quarterly temporary tax payment, the due date is on the
tax return, and pays tax at the due time stated by law. 30th day of the subsequent quarter since the end of the
- Corporate income tax declaration includes annual taxable quarter.
declaration, quarterly declaration, declaration for each For tax paid on each time of generation of income, the
time of generation of income, and final declaration at deadline for payment is on the 10th day since the date
the termination of business operation or contracts, of generating.
transfer of corporate ownership or corporation For official final payment of annual tax, the due date to
reorganization. pay any balance of tax is on the 90th day of the
subsequent year since the end of the tax year.
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Exercise 1 Exercise 2
We have the data of the tax year N in Moore Co. as
We have the data of the tax year N in Hanh Co. Ltd as follows: follows:
The company’s gross sales exclusive of VAT are 10 billion dongs
Turnover from exportation is 15 billion dongs.
o which
7 million dongs come from exported goods. Sales of domestic goods exclusive of VAT is 10 billion
400 million dongs are the quantity discount. dongs of which 7 billion dongs have been received; the
200 million dongs are the value of goods returns. remainder has been accepted to be paid.
300 million dongs are cash discount House rent received in advance for 5 years is 40 billion
In the tax year, this company received a subsidy of 250 million dongs. The company chooses to book the expenses for
dongs from the government for the goods sold to the poor.
the renting houses for each year.
Surcharges receivable are 50 million dongs.
Required: Determine the base turnover for corporate income tax Surcharges receivable are 50 million dongs.
of this company for the tax year N. Required: Define the base turnover for CIT of this
company for the tax year N.
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Exercise 3 Exercise 4
The cost of a machine ( total purchase price) is The cost of a machine ( total purchase price) is
VND500,000,000. Estimated service life is 6 years. VND400,000,000. Total estimated units produced
The maximum service life of this machine stipulated by during its lifetime are 1,000,000. First year production
the minister of Finance is 5 years. is 80,000 units. Second year production is 100,000
Required: Determine the depreciation charge on this units.
machine using straight- line and adjusted declining Required: calculate the depreciation charge on this
balance methods. machine for the first and second year units of
production method.
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Exercise 5 Exercise 6
We have the information on TNT Co. Ltd. On 31 December 200N According to the financial report of Bamboo Co, operating in
as follows: furniture production, data on expenses for the tax year N are as
The balance of the bad debt provision account: VND70 million. follows:
There have been 10 notes receivable of which: Total expenses except for expenses of marketing, advertising,
Six notes receivable are within the due date. reception and brokerage commission: VND10,000,000,000 of
A note receivable of VND 30 million with no vouchers has been 6 Which:
months over the due date. Material expense with legitimate invoice: VND3,000,000,000.
A borrower of a debt of VND50 million has been on bankruptcy This expense is compliant with the consumed norm defined by
and cannot afford to pay. This debt has a valid vouchers have the company.
been 5 months over the due date. The value of these notes is The value of some invoices of material without the seller’s tax
VND80 million. identification number: VND50,000,000.
Required: Calculate the provision for doubtful debt expense of
this company
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Exercise 6
Exercise 7
We have data on business activities of Mist Group as follows:
Gross turnover exclusive of VAT: VND20 billion of which, VND8
Donation for victims of a storm with valid vouchers: billion comes from exported goods; VND12 billion comes from
VND100,000,000. the domestic sale of an excise duty item with excise duty rate of
Remuneration with legitimate vouchers paid to the founding 20 percent.
members of companies who do not directly take part in the Total declared expenses apart from excise duty: VND 16 billion
administration of goods production: VND150,000,000 of which:
The rest expenses except for the above expenses are Donation with legitimate vouchers for construction of a hospital:
deductible. VND200 million
Marketing, advertising, reception and brokerage commission Donation with legitimate vouchers to youth union of Hanoi:
expenses with legitimate vouchers: VND1,120,000,000 VND100 million
Required : determine the total deductible expenses of this Expenses with invalid vouchers are VND150 million
company. Given that, Bamboo Co. was founded in year N-4 Provision for doubtful debt: VND140 million balance on bad debt
provision at the end of the tax year: VND100 million. There were
no debts with over due date during the tax year.
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Exercise 7 Exercise 8
Required: calculate the VAT and income tax payable by this Data of business of Lion Co. operating in air- conditioner
group. Given that, input VAT qualified: VND80 million VAT rate production in the tax year M, are as follows:
applicable to this item is 10 percent. CIT standard rate is Turnover report
applicable to this group. Air-conditioner with capacity of 12,000 BTU: 10,000 units were
sold at before- VAT price of VND 11,000,000 per unit.
Air-conditioner with capacity of 100,000 BTU: 1,000 units were
sold at before –VAT price of VND 44,000,000 per unit.
Expense report
Depreciation compliant strictly with the stipulations by law:
VND10,000,000,000
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Exercise 8 Exercise 8
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Exercise 9 Exercise 9
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Exercise 9 Exercise 10
Other incomes:
Exercise 10 Exercise 10
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Exercise 11 Exercise 11
A corporation engaging in production has the following data for Uniform expenses: 700 million dongs:
the tax year: The other expenses are deductible.
Base turnover: 200 billion dongs Required: Calculate the CIT amount payable by this corporation
Total expenses allocated for declared turnover: 170 billion dongs for the tax year, given that:
of which: All of the expenses have sufficient legitimate invoices or
House rent expenses paid in advance for 5 years: 1.5 billion vouchers;
dongs; This company has 100 employees;
Donation for scholarship to Haiphong University: 200 million Standard CIT rate is applicable to this corporation
dongs; There are no losses carried forward and no exemption applicable
Life insurance fees for employees ( the labor contracts silent to this corporation.;
about this) paid to an insurance company: 400 million dongs; The company is in its 5 the year of operation.
PIT paid ( Under labor contract, employees get net salary); 150
million dongs;
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