Chapter III
CORPORATE INCOME TAX INCENTIVES
Article 13.- Tax rate incentives
1. Newly set up enterprises under investment projects in geographical areas with extreme socio-economic difficulties, economic zones or hi-tech parks; newly set up enterprises under investment projects in the domains of high technology, scientific research and technological development, development of the States infrastructure works of special importance, or manufacture of software products are entitled to the tax rate of 10% for fifteen years.
2. Enterprises operating in education-training, vocational training, healthcare, cultural, sports and environmental domains are entitled to the tax rate of 10%.
3. Newly set up enterprises under investment projects in geographical areas with socio-economic difficulties are entitled to the tax rate of 20% for ten years.
4. Agricultural service cooperatives and peoples credit funds are entitled to the tax rate of 20%.
5. For large-scale and hi-tech projects in which investment should be particularly attracted, the duration for application of tax rate incentives may be extended but must not exceed the duration specified in Clause 1 of this Article.
6. The duration for application of tax rate incentives specified in this Article is counted from the first year an enterprise has turnover.
The Government shall detail and guide the implementation of this Article.
Article 14.- Tax exemption and reduction duration incentives
1. Newly set up enterprises under investment projects in geographical areas with extreme socio-economic difficulties, economic zones or hi-tech parks; newly set up enterprises under investment projects in the domains of high technology, scientific research and technological development, development of the States infrastructure works of special importance or manufacture of software products; newly set up enterprises operating in education-training, vocational training, healthcare, cultural, sports and environmental domains are entitled to tax exemption for no more than four years and a 50% reduction of payable tax amounts for no more than nine subsequent years.
2. Newly set up enterprises newly set up under investment projects in geographical areas with socio-economic difficulties are entitled to tax exemption for no more than two years and a 50% reduction of payable tax amounts for no more than four subsequent years.
3. The tax exemption or reduction duration specified in this Article is counted from the first year an enterprise has taxable income; in case an enterprise has no taxable income for the first three years from the first year it has turnover, the tax exemption or reduction duration is counted from the fourth year.
The Government shall detail and guide the implementation of this Article.
Article 15.- Other cases eligible for tax reduction
1. Production, construction or transport enterprises having many female employees are entitled to a reduction of corporate income tax which is equal to the additional expenses for female workers.
2. Enterprises having many ethnic minority employees are entitled to a reduction of corporate income tax which is equal to the additional expenses for ethnic minority workers.
The Government shall detail and guide the implementation of this Article.
Article 16.- Carrying forward of losses
1. Loss-suffering enterprises may carry forward their losses to the subsequent year; those losses may be included in assessable income. The time limit for carrying forward losses is five years, counting from the year following the year the losses arise.
2. Enterprises suffering losses from real estate transfer activities may only carry forward losses into those activities assessable income.
Article 17.- Deduction for setting up of enterprises scientific and technological development funds
1. Enterprises established and operating under Vietnamese law may deduct up to 10% of assessable income for setting up their scientific and technological development funds.
2. Within five years after being set up, if a scientific and technological development fund is not used, has been used below 70% or used for improper purposes, the enterprise shall remit into the state budget the corporate income tax amount calculated on the income already deducted for setting up the fund but not used or used for improper purposes and the interest on that corporate income tax amount.
The corporate income tax rate used for calculating tax arrears is the tax rate applicable to the enterprise during the time of operating the fund.
The interest rate for calculating the interest on the tax arrears on the unused fund is the interest rate for one-year term treasury bonds applicable at the time of collection, and the interest payment period is two years.
The interest rate for calculating interest on the tax arrears on the fund improperly used shall be the late payment interest rate under the provisions of the Tax Administration Law, and the interest payment period begins from the time a fund is set up and ends when tax arrears are collected.
3. Enterprises may not record expenses of their scientific and technological development funds as deductible expenses upon the determination of taxable incomes in a tax period.
4. Enterprises scientific and technological development funds may be used only for scientific and technological investment in Vietnam.
Article 18.- Conditions for application of tax incentives
1. Corporate income tax incentives specified in Articles 13, 14, 15, 16 and 17 of this Law apply only to enterprises which implement regulations on accounting, invoices and documents and pay tax according to declaration.
2. Enterprises shall account separately income from production and business activities eligible for tax incentives specified in Articles 13 and 14 of this Law from income from production and business activities ineligible for tax incentives; if those incomes cannot be separately accounted, income from production and business activities eligible for tax incentives shall be determined based on the ratio between turnover from production and business activities eligible for tax incentives and total turnover.
3. Corporate income tax incentives specified in Articles 13 and 14 of this Law do not apply to:
a/ Incomes specified in Clause 2, Article 3 of this Law;
b/ Income from activities of prospecting, exploring and mining oil, gas and other precious and rare natural resources;
c/ Income from prize-winning game or betting business as prescribed by law;
d/ Other cases specified by the Government.
Tìm kiếm
Luật thuế thu nhập doanh nghiệp 2008 (Bản Pdf)
Luật thuế thu nhập doanh nghiệp 2008 (Bản Word)
