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TON DUC THANG UNIVERSITY


THE FACULTY OF FINANCE AND BANKING KEY TERMS
INVESTMENT DEPARTMENT
Luật thi hành
1 Liquidation Thanh toán nợ, thanh lý
Tax return Tờ khai thuế, khai thuế
Margin Tỷ suất lợi nhuận
Book value Giá trị sổ sách
CHAPTER 5 One-stop-shop Một cửa
3
CORPORATE INCOME TAX (CIT) To file (v) Để nộp
4 Mechanism N: cơ chế
Prepared by: INVESTMENT DEPARTMENT Cash discount Giảm giá tiền mặt
To generate (v): để tạo ra
3
Consuming norm Định mức
Prepaid expense Chi phí trả trước
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KEY TERMS KEY TERMS


Luật thi hành Luật thi hành
1 Accelerated rate tỷ lệ khấu hao nhanh 1
discount for early chiết khấu thanh toán
To withhold Giữ lại (thu nhập giữ lại)
Adjusted declining điều chỉnh giảm
Deductible Khấu trừ
Doubtful debt nợ phải thu khó đòi
preferential Ưu đãi
Balance method Phương pháp số dư
3 3 unit of production Đơn vị sản xuất
Amortization giá trị hao mòn
provisions Quy định, điều khoản
Exempt income Thu nhập miễn thuế
4 4 useful life Tuổi đời hiệu quả
self-assessment tự đánh giá
Quarterly tax return Khai thuế hàng qúy
Annual tax return kê khai thuế hàng năm
3 3 Depreciation charge Trích khấu hao
Ex-warehousing cost chi phí xuất kho
Bad debt Nợ xấu
Taxable income Thu nhập chịu thuế
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INTRODUCE INTRODUCE

• There were two main rates- 25% applicable to


foreign corporations and 32% applicable to
• The corporate income tax was first introduced in domestic taxpayers.
Vietnam in 1991 under the ordinance of profit tax.
In 1997, the Assembly of Vietnam enacted the • A new law of corporate income tax came into
Act of corporate income tax ( or it may be called being in 2003. This law was to substitute the
law on corporate income tax) that became 1997 law and was put into effect since 2 January
effective as from 1 January 1999 to replace the 2004.
above ordinance as one step towards the 2nd • The most important change was to end
phase of the tax system reform. discrimination between domestic and foreign
taxpayers by applying the standard rate of 28%
to all taxpayers.

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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;
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Income Tax

INTRODUCE 5.1 CONCEPTS


LuậtAND
thi CHARACTERISTICS
hành
• In 2015, there are two basic rates: 5.1.11 Concept :
- The tax rate of 20% shall be applied to - Income tax includes corporate income tax (CIT) and
enterprises with the turnover of the previous year personal income tax (PIT)
not exceeding VND 20 billion * Personal income tax is imposed on income of
- The tax rate of 22% shall be applied to the individuals,
3 including salaries, wages, business income
enterprises with the turnover of the previous year and other incomes received by each individual,
more than VND 20 billion * Corporate
4 income tax is imposed on incomes
• From January 1, 2016, according to Circular received by legal entities such as limited companies,
78/2014 /TT-BTC, the corporate income tax rate join-stock corporations, and other economic entities.
3
is 20%, regardless of the turnover of the
enterprise.
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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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5.2 BASIC CONTENTS OF CORPORATE 5.2.1 TAXPAYER


INCOME TAX IN VIETNAM

5.2.1 TAXPAYERS (i) An enterprise organized under Vietnam law


including limited liability company, a joint venture
- Corporate income taxpayers are those enterprises company, a join stock corporation or a partnership
and economic organizations that have taxable (ii) A company established overseas under other
countries’ law having or not having permanent
income as prescribed by the law on Corporate
resident establishments in Vietnam;
income tax of Vietnam. (iii)public service unit established under the
- For corporate income tax purposes, the term provisions of Vietnamese law;
(iv)An organization founded under the Act of co-
“enterprises and economic organizations”
operation;
(v) Other organizations that do business and get
income from the business.
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5.2.1 TAXPAYER 5.2.2. TAX BASE AND TAX CALCULATION

Enterprises organized under Vietnam law are CIT


(Base income- Income
subject to CIT on their worldwide incomes. Foreign transferred to scientific
amount = x CIT rate
research and technology
companies having resident establishments in payable
fund)
Vietnam are also subject to CIT on their worldwide
incomes while foreign companies not having Losses
Base Taxable Exempt
resident establishments in Vietnam are only subject income
=
income
-
incomes
- carried
to CIT on incomes generated in Vietnam. forward

Other
Taxable Base Deductible
= - + taxable
income turnover expenses
incomes

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5.2.2.1. Base turnover

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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5.2.2.1. Base turnover


EXAMPLE 5.1:

- 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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EXAMPLE 5.1: 5.2.2.1. Base turnover

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.
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Tax

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5.2.2.2. Deductible expenses 5.2.2.2. Deductible expenses

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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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

C) Non-deductible expenses C) Non-deductible expenses


1. Expenses that do not match with base turnover 4. Overhead expenses are allocated by an overseas
under matching principle headquarter company to a Vietnamese establishment
2. Tax penalties and legal fines: these fines include depends on the ratio between the turnover of the
fines for violations of traffic law, violations of the Law on Vietnamese establishment and the turnover of the
business registration, violations of the Law on headquarter company.
accounting, violations of tax laws, and other fines for
administrative violations.
3.Expenses are covered by other sources. These
expenses include payment made by social insurance
fund for health expenses of employees, covered by the
government for public services etc.
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5.2.2.2. Non-Deductible expenses


EXAMPLE 5.2:

John Group, a Malaysian company, has a resident establishment in C) Non-deductible expenses:


Vietnam called Vietnam John Co. Ltd. In the tax year, the overhead
5. Provisions exceed the level allowed by legislation
Provisions include Provision for devaluation of
expense of the Group is 50 million dollars. The turnover of all inventories, Provision for bad receivables, provision
companies and branches belonging to John group is 10 billion for unemployment allowances, provision for financial
dollars. Turnover in Vietnam is 1 billion investment, and provision for construction guarantee.
The level of provision is stipulated by the Ministry of
Required: Define the allocated overhead expense to Vietnam John
Finance of Vietnam and can be adjusted from time,
Co. Ltd. depending on the socio- economic situation.
SOLUTION:

50 million x = 5 million dollars .


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EXAMPLE 5.3: 5.2.2.2. Non-Deductible expenses

We have the information on TNT Co. Ltd on 31 December SOLUTION


200N as follows: The balance of the inventories provision - Sep 1: Define the provision demand by totaling all of the
account is VND40 million. The price of three items in differences between the estimated net book value and the
inventories ( all of which have legitimate vouchers) are in market price of all items: 1,000 x ( 50,000 – 40,000) + 2,000 x (
following table: 40,000 – 35,000) + 2,000 x ( 100,000 – 80,000) = VND60 million.
Items Quantity Estimated net book Market price
- Sep 2: compare the provision account: VND60 million> VND40
value (VND) per unit (VND) per unit million. This means the provision demand is greater than the
A 1,000 50,000 40,000 balance of the inventories provision account and the difference is
VND60 million – VND40 million = VND20 million.
B 2,000 40,000 35,000

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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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

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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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses


EXAMPLE 5.4

The cost of a machine (the total purchase) price is VND


Methol 1: Straight- line depreciation 100,000,000. Estimated service life is 5 year. The
maximum service life of this machine stipulated by the
ministry of finance is 5 year .
Annual depreciation charge = Required: define the annual depreciation charge of this
machine, using straight-line method.
SOLUTION
The annual depreciation charge is:

= VND20,000,000 per year

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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

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

adjusted decline- balance depreciation method.


SOLUTION 1 100,000,000 40% 40,000,000 60,000,000

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

The accelerated rate is 20 percent x 2 = 40 percent 5 10,800,000 Adjusted 10,800,000 0

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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

Methol 3: Units of production method Methol 3: Units of production method


EXAMPLE 5.6:
Step 1:
The cost of a machine ( total purchase price) is
VND100,000,000. The estimated number of units
Depreciation per unit =
produced during the machine’s lifetime are 500,000.
First year production is 200,000 units. Second year
production is 300,000 units.
Step 2:
Required: Define the depreciation charge of this
Units produced x Depreciation per unit =
machine for the first and second year, using units of
Annual depreciation expense
production method.
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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

Methol 3: Units of production method 8) An enterprise guarantees or lends to another


EXAMPLE 5.6: enterprise a loan of any kind provided that the loan
amount is at least 25% of the contributed capital of
SOLUTION
the owner of the borrowing enterprise and attain more
The depreciation per unit is:
than 50% of the total value of medium and long-term
debts of the borrowing enterprise;
= VND200 depreciation per unit Decree No. 132/2020/ND-CP of the Government
The depreciation expense for the first and second year
would be calculation.

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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

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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5.2.2.2. Non-Deductible expenses


5.2.2.2. Non-Deductible expenses

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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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

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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5.2.2.2. Non-Deductible expenses 5.2.2.2. Non-Deductible expenses

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.

- Transportation tickets and accommodation expenses


not in compliance with the specific regulations by the
Ministry of finance etc.

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5.2.2.3 Other taxable incomes 5.2.2.3 Other taxable incomes


EXAMPLE 5.7:

- 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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5.2.2.3 Other taxable incomes 5.2.2.3 Other taxable incomes


EXAMPLE 5.8: EXAMPLE 5.8:

We have date from VAA Co in 20xx as follows: SOLUTION:


+ Base turnover: VND40,000 million;
+ Total deductible expenses apart from interest + Main income: VND40,000 million- VND 36,000 million
expenses for borrowings: VND36,000 million; = VND4,000 million.
+ Total deductible interest expenses for
borrowings:VND2,200 million: +Deductible interest expenses are greater than interest
+ Total interest receivables for bank deposits: VND600 receivables. The difference is: VND2,200 million-
million; VND600 million = VND1,600 million.
Required: Determine base income in 200xx of VAA.
+ Base income: VND4,000 – VND1,600 million=
VND2,400 million.
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5.2.2.3 Other taxable incomes EXAMPLE 5.9

We have data from ANV Co.in 20xx as follows :


-Income from fines for contractual violation is
+ Fine receivables for suppliers’ violation of contracts:
treated as follows: VND240 million;
+ We first offset fine receivables greater than the + Fine payables to buyers due to ANV’s violation of
fine payables, the difference. In the case when contracts: VND160 million;
the amount of the rest of other incomes are not + Net income from an asset liquidation: VND210
enough for the subtraction the main income is million.
written down.
Required: Determine other taxable income of ANV in
The following examples will illustrate clearly the
20xx.
above regulation.

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EXAMPLE 5.9 EXAMPLE 5.10

. SOLUTION We have date from ABC Co.in 20xx as follows:


+ Fine receivables are greater than fine
+ Fine receivables for suppliers’ violation of contracts:
payables. The difference is : VND240 million – VND210 million;
VND160 million = VND80 million.
+ Fine payables to buyers due to ANV’s violation of
+ Net income form an asset liquidation: VND210 contracts: VND260 million
million.
+ Net income from an asset liquidation: VND210
million.
+ Total other taxable incomes: VND80
Required: Determine Other taxable income of ABC in
million+VND210 million = VND 290 million. 20XX.
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EXAMPLE 5.10 5.2.2.3 Other taxable incomes


- Sales margin from foreign currencies or foreign
SOLUTION
exchange rate difference.
+ Fine payables are greater than fine - Year-end balance of provisions according to
receivables. The difference is: VND260 million – regulations by law except for bad debt provision,
VND210 million =VND50 million. provision for decrease in value of inventories, provision
for risks in financial investments.
+ Net income from an asset liquidation VND210 - Recovered bad debts that were written off from
million. accounting books.
- Debts payable to unidentifiable creditor.
- Incomes from goods production and trading or
+ Total other taxable incomes: VND210 million – service provision activities in previous years , which
VND 50 million = VND 160 million. had been missed for booking but later discovered.
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5.2.2.3 Other taxable incomes EXAMPLE 5.11

- 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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EXAMPLE 5.11 EXAMPLE 5.12

SOLUTION We have date from AAC Co.in 20XX as follows:


- Base turnover: VND80 billion;
Before- CIT income from overseas: VND1,600 million - Total deductible expenses: VND72 billion;
/(1-0,2)=VND2.000 million. - Income received from an investment project in country
A after payment of CIT for country A at the rate of 30%
CIT amount payable = (VND30 billion- VND26 billion + and being reduced by 50% of the CIT amount payable:
VND2 billion) x 20% = VND1.2 billion. VND1,700 million. Country A has signed double
taxation avoidance agreement with Vietnam.

Required: Determine CIT amount payable in 20XX by


AAC.
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EXAMPLE 5.12 5.2.2.3 Other taxable incomes

SOLUTION -Incomes from the sale of goods or provision of


services, which are not added into the turnover,
Before- CIT income from overseas: VND1,700 million/(
after deducting expenses for the generation of
1-0,3 x 0,5) = VND2 billion
these income amounts under the Finance
CIT amount payable: (VND 8 billion + VND 2 billion )x Ministry’s regulations.
20% - VND 2 billion x 30%x50% = VND1.700 million.
- Other incomes such as incomes from project
transfer, gain from capital transfer, real estate
transfer etc.

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 65 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 66

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5.2.2.4. Exempt incomes 5.2.2.4. Exempt incomes


4) Income from activities of production and trading of
1) Income from farming, animal husbandry and
goods and services of enterprises having the number of
aquaculture products of cooperatives and entities,
laborers being disabled, after drug detoxification, HIV
which are established under the Act of Cooperatives;
infected people in the year accounting for 30% or more
2) Income from the provision of technical service
of the total number of the average annual laborers of
directly related to agriculture production;
the enterprise
3) Income from contracts on scientific research and/or
5) Income from job training for ethnic minority people,
technological development for maximum period of time
disabled people, children in exceptionally difficult
of 3 year counting from the from the beginning of the
circumstances, and social evil victims;
revenue under the scientific research and/or
technological development contract;

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 67 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 68

5.2.2.4. Exempt incomes 5.2.2.5. Losses carried forward

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.

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 69 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 70

5.2.3. INCOME TRANSFERRED TO SCIENTIFIC


RESEARCH AND TECHNOLOGY 5.2.4. TAXRATES
DEVELOPMENT FUND

- 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.

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 71 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 72

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5.2.5. OTHER TAX INCENTIVES 5.2.5.1. Preferential rates

ii) The rate of 10% for 15 year since the


Beside exempt incomes as mentioned above, there
commencement of business operation is applicable to
some other incentives in the Law on CIT of Vietnam
business engaged in:
including preferential rates, tax holiday and other forms
of tax incentives. These include the following: - Geographical areas with exceptionally difficult socio-
economic conditions
5.2.5.1. Preferential rates
i) The rate of 10% for the lifetime of a taxpayer is - Economic or high technological zones
applicable to establishment engaged in education,
training, health care, culture, sport and environment. - Fields of high technology, scientific research and
technology development and software production.

B02033 – Chapter 5: Corporate Income


24/08/2022 73 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 74
Tax

5.2.5.1. Preferential rates 5.2.5.2. Tax holidays


- Tax exemption up to 4 years after the taxpayer’s incomes are
generated and a 50% reduction of the taxpayer’s payable tax
iii) The rate of 20 percent is applicable to cooperatives
amounts up to 9 subsequent years is applicable to business
and people’s credit funds. establishments newly founded under investment projects
engaged in:
- Geographical areas with exceptionally difficult socio-economic
iv) The rate of 20 percent for 10 year since the conditions;
commencement of business operation is applicable to - Economic or high technological zones;
business establishments newly founded under - Fields of high technology, scientific research and technology
investment projects engaged in geographical areas development;
with difficult socio-economic conditions. - Investment in specially important infrastructure of the
government, and
- Software production, education, training, health care, culture,
sport and environment.-
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 75 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 76

5.2.5.3. Other exempts EXAMPLE 5.13

- 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.
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 77 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 78

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EXAMPLE 5.13
SOLUTION

- The base turnover: VND90,000,000,000 - Other taxable incomes:


- The non-deductible expenses: + Income from a technical service for agriculture:
+ Salaries expenses of VND60,000,000 with illegitimate VND60,000,000 – (exempt tax)
vouchers + Income from liquidation: VND100,000,000
+ Donation of VND40,000,000 with legitimate vouchers to a Therefore, the total amount of other taxable incomes is VND
church – 100,000,000
-Therefore, the total amount of non- deductible expenses will be: + Losses carried forward: VND200,000,000
VND60,000,000 + VND40,000,000= VND100,000,000. Assessable income:
- Donation with legitimate vouchers for scholarship to university 90,000,000,000 – 79,900,000,000 + 100,000,000=
is deductible. 10,200,000,000
- Total deductible expenses: . Base income
VND80,000,000,000– VND100,000,000 = VND79,900,000,000 10,200,000,000 – 200,000,000 = VND10,000,000,000
CIT amount payable
10,000,000,000 x 20% = VND2,000,000,000
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 79 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 80

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.
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 81 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 82

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.
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 83 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 84

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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.

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 85 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 86

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
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 87 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 88

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.
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 89 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 90

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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

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 91 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 92

Exercise 8 Exercise 8

Other relevant information


Interest expense: VND6,000,000,000 or which VAT rate applicable to this item is 10 percent.
VND2,000,000,000 is equivalent to the interest of the lack of Excise duty rate applicable to this item is 10 percent.
charter capital. Standard rate of corporate income tax is applicable to this
company
Input VAT qualified: VND9,000,000,000. Losses carried forward is VND2,000,000,000
Other deductible expenses apart form excise
duty:VND8,000,000,000 Required: Determine VAT, excise duty and corporate income tax
payable by this company for the tax year M.

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 93 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 94

Exercise 9 Exercise 9

Total declare expense: VND87,000,000,000 of which:


Company X, founded in year N-5 under an investment project Salaries and remuneration expense payable: VND15,000 of
engaged in Laichau province, has the following date in tax year which VND. Mill 500 with list of laborers hired to do irregular
N: work signed by the director of the company but without labor
Turnover report (VND.Million) contract; VND Mill 1,000 was not actually paid to employees.
Gross sales of goods exclusive of VAT:VND95,000, of which Donation to student union with legitimate vouchers; VND100
VND5,000 is value of goods returns. These goods returns then Donation to disabled people with legitimate vouchers: VND200
were sold at lower price and were paid VND4,000,
Expense report Interest expense paid to a commercial bank with legitimate
Total declare expense: VND87,000 of which: vouchers: VND2,000
Interest expenses paid to employees of the company at the rate
of 25% per year with legitimate vouchers: VND1,000.
The rest expenses except for the above expenses are
deductible.
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 95 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 96

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Exercise 9 Exercise 10
Other incomes:

-Income received after paying tax at source at the tax rate of 10


A company engaging in furniture production has the following
percent from an overseas investment is VND900
-Income received from a scientific contract is VND300
date in tax year 20XX:
-Relevant information: CIT amount payable declared by the company: VND 7 billion.
Laichau is a province in geographical areas with difficult socio- Among total deductible expenses declared by the company 25
economic conditions. billion, there are several items as follows:
This company started to sell product in year N-4 and earned income Donation to Vietnam Students’ Union: VND 200 million;
from production in year N-3 PIT deduction at source ( Employees get net salary under labor
The country from where the company received income for investment contracts): VND 600 million;
has not yet signed double taxation agreement with Vietnam. Depreciation of a 5-seaar car corresponding to the excess of the
The base interest rate announced by the state bank of Vietnam is 12% historical cost of VND 1.6 billion: VND 200 million;
per annum. Donation to victims of a storm through Vietnam Frontiers : VND
This company was given a scientific research activities license.
160 million;
Required: calculate income tax payable by this company for the tax
year N.
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 97 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 98

Exercise 10 Exercise 10

Cost of damaged materials which has been compensated by an Given that;


insurance company: VND 300 million; All expenses are supported with legitimate invoices and voucher;
Uniform expenses: VND 900 million; This company has 100 employees;
Deductible input VAT: VND 320 million; No losses carried forward;
Non deductible input VAT for late declaration: 180 million; The balance of bad debt provision account right before the time
Employees’ training expense: VND 280 million; of making bad debt provision is VND 800 million;
Bad debt provision: VND 1,200 million. By the end of 2011 the bebt account is as follows:
The rest expenses not mentioned above are deductible under 2 debts over the due date of 10 months: VND 2.2 billion;
the law on CIT of Vietnam. 4 debts over the due date of 16 months: VND 1.4 billion.
Required: calculate the amount of CIT payable by the company 1 debt over the due date of 26 months: VND 800 million.
for the tax year 20XX. CIT rate: 25%.

24/08/2022 B02033 – Chapter 5: Corporate Income Tax 99 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 100

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;
24/08/2022 B02033 – Chapter 5: Corporate Income Tax 101 24/08/2022 B02033 – Chapter 5: Corporate Income Tax 102

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