In case the foreign organization is eligible for EIT exemption under an Agreement, it is only required to declare and pat VAT. However, it is required to submit the dossier of notification of EIT exemption according to the guidelines provided in point b.2 Clause 3 Article 22 of Circular No. 156/2013/TT-BTC.
In such dossier, it is compulsory to have the original (or the notarized copy) of consularly legalized certificate of residence granted by the tax agency of the country of residence (indicating in which tax period the taxpayer resides).
Regarding the consular legalization of the certificate of residence of an enterprise outside Vietnam, it should contact with the Department of Foreign Affairs for having guidelines.
Accordingly, an enterprise is only exempt tax under Agreement for the tax amount incurred within 3 years counted to the date of request. The tax amount incurred for more than 3 years shall be rejected the application of the Agreement.
1. The tax has arisen more than three year before the time of request for application of the Agreement.
2. Contracts or agreements are signed just with the principal purposes of being entitled to tax exemption or reduction under the Agreement
3. The person who is entitled to tax exemption or reduction under the Agreement is not the beneficial owner. See more details regarding the cases in which a person shall not be considered as a beneficial owner at points a, b, c, d, dd, e, g , Clause 3 Article 6 of this Circular
This Circular takes effect on February 6, 2014, replaces Circular No. 133/2004/TT-BTC dated December 31, 2014