Circular No. 13/2023/TT-BTC dated February 28th, 2023 of the Ministry of Finance on guiding the implementation of the Government's Decree No. 49/2022/ND-CP dated July 29th, 2022 amending, supplementing to a number of articles of the Government's Decree No. 209/2013/ND-CP dated December 18th, 2013 detailing and guiding the implementation of a number of articles of the Law on value added tax, of which some contents have been amended, supplemented under Decree No.12/2015/ND-CP, Decree No. 100/2016/ND-CP and Decree No. 146/2017/ND-CP and amending, supplementing to a number of articles of Circular No. 80/2021/TT-BTC dated September 29th, 2021 of the Ministry of Finance

This Circular amends clause 10, clause 13 Article 7 and clause 2, clause 3 Article 18 of Circular No. 219/2013/TT-BTC pertaining to value added tax (VAT) in relation to real estate transfer, electricity generation and VAT refund for investment projects.

Accordingly, VATable price, deductible land value upon calculation of VAT on transferring real estate shall be carried out according to the new regulations at clause 1 Article 1 of Decree No. 49/2022/ND-CP.

Cases eligible for VAT refund with regard to investment projects of business establishments engaging in conditional business lines shall be carried out according to the new regulations at clause 3 Article 1 of Decree No. 49/2022/ND-CP and shall be retroactively applied from the date on which Decree No. 100/2016/ND-CP takes effect (July 1st, 2016).

Regarding application for VAT refund with regard to investment projects of business establishments engaging in conditional business lines, according to the amendments at point a.4 clause 2 Article 28 of Circular No. 80/2021/TT-BTC , enterprises shall submit the copy of any of these forms: license for conditional business, certificate of eligibility for conditional business or written certification, written approval of conditional business as the basis for tax refund consideration.

Clause 2 Article 3 of this Circular instructs in details clause 2 Article 2 of Decree No. 49/2022/ND-CP regarding adjustments to VAT, deferral amount, and fines for administrative violations of tax (if any) with regard to the case where VAT refund of an investment project is revoked according to clause 2 Article 1 of Decree No. 100/2016/ND-CP .

This Circular takes effect from April 14th, 2023.