Corporate Income Tax Filing, Calculation, and Payment for Factory Transfer Activity

5/27/2024
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According to Official Letter No. 10786/CTBDU-TTHT dated 19 April 2024 issued by Binh Duong Provincial Tax Department, if the Company is eligible to transfer land lease rights and assets attached to land to other enterprises in the same location in accordance with Law on land.

Regarding Value added tax (“VAT”): The company must declare and pay VAT at the tax rate of 10% on the actual price of land lease rights transfer and assets attached to land based on the assignment contract.

Regarding Corporate income tax (“CIT”): The Company is not required to submit tax declaration dossiers quarterly but must pay provision tax quarterly and finalize CIT on real estate transfer as per Point b Clause 3 Article 17 of Circular 80/2021/TT-BTC issued by Ministry of Finance.

If the Company generates a profit from real estate transfer and incurs a loss from the business operation, the Company mustn’t offset the profit from real estate transfer against the loss from the production and business operations.