(Construction) - The company of Ms. Nguyen Huyen Thuong (Lao Cai) was established in 2021, headquartered in the border gate economic zone. Charter capital is 15 billion VND. The main business is building houses to live in. When establishing the company, do not apply for an investment incentive certificate. In 2023, the company carried out procedures for adjusting and reducing charter capital.
Are there still tax incentives when reducing charter capital?
Ms. Thuong asked, does your company enjoy corporate income tax incentives? Has there been a change in the tax administration unit?
The Tax Department of Lao Cai province responded to this problem as follows:
Pursuant to Point c, Clause 3, Article 10 of Circular No. 96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance guiding on corporate income tax:
"c) For enterprises currently enjoying enterprise income tax incentives under the category of newly established enterprises from investment projects, they only apply to income from production and business activities that satisfy the conditions for investment incentives. Investment certificate stated in the enterprise registration certificate or the first investment certificate of the enterprise. For enterprises currently operating in production and business, if there is a change in the enterprise registration certificate or the investment certificate. but such change does not change the satisfaction of tax incentives of that project as prescribed, the enterprise will continue to enjoy tax incentives for the remaining time.
Based on the above provisions, the Tax Department of Lao Cai province responds according to the following principles:
For enterprises currently operating in production and business, if there is a change in the enterprise registration certificate or investment certificate but such change does not change the project's satisfaction of tax incentives. According to regulations, the enterprise will continue to enjoy tax incentives for the remaining time.
Therefore, in case her company adjusts its charter capital to less than 15 billion dong, if the reduction of capital is recorded in the enterprise registration certificate or investment certificate and does not change the satisfaction of the If the project's tax incentives are in accordance with regulations, the company will continue to enjoy tax incentives for the remaining time.
Pursuant to Clause 4, Article 1 of the Regulation on assigning tax authorities to manage taxpayers issued together with Decision No. 2845/QD-BTC dated December 30, 2016 of the Minister of Finance; Decision No. 1813/QD-UBND dated May 26, 2017 of the People's Committee of Lao Cai province, the taxpayer who has been assigned a tax agency (Department of Taxation or Sub-Department of Taxation) to manage first will not change the agency. Tax Administration.
