Decree No. 91/2014/ND-CP dated October 01, 2014 of the Government amending, supplementing a number of Articles under the Decree regulating on Tax
THE GOVERNMENT
Decree No. 91/2014/ND-CP dated October 01, 2014 of the Government amending, supplementing a number of Articles under the Decree regulating on Tax
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Tax management dated November 29, 2006; the law amending, supplementing a number of articles of the Law on Tax management dated November 20, 2012;
Pursuant to the Law on Personal Income Tax dated November 21, 2007; the law amending, supplementing a number of articles of the law on personal income tax dated June 19, 2013;
Pursuant to the Law on Value Added Tax dated June 03, 2008; the law amending, supplementing a number of articles on the law on value added tax dated June 19, 2013;
Pursuant to the Law On Enterprise Income tax dated June 03, 2008; the law on amending, supplementing a number of articles of the law on enterprise income tax dated June 19, 2013;
At the proposal of the Minister of Finance,
The Government promulgates the Decree amending, supplementing a number of Articles in some Decrees regulating on tax.
Article 1. To amend, supplement the Decree No. 218/2013/ND-CP dated December 26, 2013 of the Government detailing the implementation of the law on enterprise income law as follows:
1. To amend, supplement Point m Clause 2 Article 3 as follows:
“m) Differences from revaluation of assets as prescribed by law to contribute capital or transfer upon splitting, merger, consolidation or conversion of business type excluding equitization, arrangement, renewal of 100% State enterprise.
Enterprises receive the assets accounted by re-evaluated price when determining the deductible expenses specified in Article 9 of this Decree;
2. To amend, supplement Clause 3 Article 4 as follows:
“3. For income from the performance of the contract for scientific research and technological development as stipulated under the law on science and technology, the tax exemption period must not exceed 03 year from the start date of revenue from the performance of the contract for scientific research and technological development; For income from the sale of products made on trial and income from products made by new technology first applied in Vietnam as stipulated by the law and guidelines of the Ministry of Science and Technology, the tax exemption period must not exceed 05 year from the start date of revenue from the sale of products, income from the sale of products produced for trial in the time of trial production as stipulated by the law”. 3. To amend, supplement Clause 9 Article 4 as follows:
“9. Income from performing the tasks assigned by the Vietnam Development Bank on development investment credit, export credit; income from credit activities for the poor and other subjects enjoyed preferential treatment policy of Vietnam Bank for Social Policies; income of one member limited liability companies managing the assets of Vietnamese credit Institutions; income from revenue-generated activities by performing the tasks assigned by the State of the State financial funds: Vietnam social insurance Fund, the deposit insurers, the health insurance Fund, the vocational training support Fund, the overseas employment support Fund of the Ministry of Labor, Invalids and Social Affairs, the farmer support Fund, Vietnam legal aid Fund, the public-utility telecommunications Fund, the local development investment Fund, Vietnam environmental protection Fund, the credit guarantee Fund for small- and medium-sized enterprises, the cooperative development aid Fund, the poor women support Fund, Fund for Assisting Overseas Vietnamese Citizens and Legal Entities, the protection Fund for citizens and legal persons in overseas, the housing development Fund, the development Fund for small- and medium-sized enterprise, the national scientific and technological development Fund, the National technological innovation fund; Incomes from the performance of tasks which are assigned by the State of the housing and land development Fund and other funds of the State that operate not for the profit are established by the Government and Prime Minister and operating under Vietnam's laws”.
