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.
|Published||Vietlaw's Newsletter No. 601|