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blue-check Regarding VAT policy applicable to transfer of investment projects

Official letter No. 20844/CTHN-TTHT dated June 11th, 2021 of the Department of Taxation of Ha Noi city regarding guidelines on value added tax (VAT) policy applicable to transfer of investment projects
Posted: 15/6/2021 11:11:12 AM | Latest updated: 18/6/2021 1:55:37 PM (GMT+7) | LuatVietnam: 5227 | Vietlaw: 515
VietlawOnline

VAT policy applicable to the activity of transfer of investment project is regulated at Clause 4 Article 5 of Circular No. 219/2013/TT-BTCstatus2 .

According, in case an enterprise transfers a project to another enterprise for further execution, if the conditions on transfer of project are met and the investment sector is subject to VAT, the transferor shall be exempt from VAT declaration and payment.

However, the project transferor still has to issue invoice on which it is only required to indicate at the line of selling price which is the payment price; at the line of tax rate, VAT shall not be indicated and shall be crossed out (Clause 2.1 Annex 4 of Circular No. 39/2014/TT-BTCstatus3 ).

Notes
Refer to Clause 45 of the Law on Investment No. 67/2014/QH13status1 for more information about conditions for transfer of investment projects.
Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 515
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