Công văn 2489/CT-TTHT năm 2016 về chính sách thuế đối với các khoản chi được trừ và không được trừ khi xác định thu nhập chịu thuế do Cục Thuế Thành phố Hồ Chí Minh ban hành

To: VECTOR AVIATION CO.,LTDAddress: 39B Truong Son, 11th Floor, Hai Au Building, Ward 4, Tan Binh DistrictTax code: 0303353300

In response to Archives No.02-16/CV-VEC dated March 11, 2016 received by the Ho Chi Minh City Tax Department on March 16, 2013 of the Company regarding tax policy, the Ho Chi Minh City Tax Department has the following opinions:

Pursuant to Article 6 of Circular No.78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance providing guidelines for corporate income tax (applied to the taxable period of corporate income tax from 2014 onwards) which provides for deductible and non deductible expense for determining taxable income:

 Apart from non deductible expenses stated in Clause 2 of this Article, enterprises are entitled to deduct all expenses that fully satisfy the following conditions:

a) Actual expenses arising out of the business operation of enterprises;

b) Expenses with adequate legal invoices and documents as required by law;

c) Expenses incurred on purchase of goods or services with invoice valued VND 20 million or more (VAT-inclusive prices) each, provided that non cash payment documents are available.

Non cash payment documents must comply with legal documents on value-added tax.

…

2. Non deductible expenses for determining taxable income include:

Expenses failing to fully meet conditions specified in Clause 1 of this Article.

…

Expenses in excess of 15% of total deductible expenses, including expenses incurred on advertisement, marketing, sales promotion, brokerage commissions; guest reception, ceremonies, conferences; marketing and expense support, gifts or donation of goods or services for customers.

Total deductible expenses must not include restricted expenses stipulated in this point, for commercial activities, total deductible expenses shall not include the purchase price of goods sold. For imported goods, the purchase prices of goods sold include value-added tax, excise tax and environmental protection tax (if any) For specific businesses such as lottery, prize-winning electronic games, betting and casino, total deductible expenses shall not include paid prizes.

…”

Pursuant to Article 1 of Circular No.151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance on the amendment to sub-point e of Point 2.2 and 2.31 in Clause 2 in Article 6 of Circular No.78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance on corporate income tax related to non deductible expenses for determining taxable income (applied to the taxable period of corporate income tax from 2014 onwards)

“…”

". Expenses are not equivalent to assessable turnover excluding the following expenses:

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 Welfare-related expenses intended for employees such as expenses incurred on funeral and wedding of employees and their family; expenses incurred on holiday allowance, treatment support, professional training; expenses incurred on supporting employees’ family affected by natural disaster, hostilities, accidents, sickness; expenses incurred on providing reward for children with outstanding academic records of employees or transport allowance during holidays and other welfare-related expenses. Total above-mentioned welfare-related expenses in the tax year of enterprises must not exceed actual average one month's salary.

The actual average one month’s salary shall equal wage fund realized within a year divided (:) by 12 months. The wage fund realized within a year is regulated in sub-point c of point 2.5 in Clause 6 in Article 6 of Circular No.78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance.

…”.

In case the described company provides air logistics service whose expenses arise in 2014 with adequate legal invoices and documents such as expenses incurred on brokerage commissions, advertisement, guest reception, customer conferences, etc in pursuit of serving its business operation, these expenses will be counted towards deductible expenses for determining income on which corporate income tax is imposed and subject to restricted expenses not in excess of 15% of total deductible expenses prescribed in point 2.21 in Clause 2 in Article 6 of Circular No.78/2014/TT-BTC. In case the company provides commercial activities such as purchase and sales of goods, total deductible expenses as basis for calculating the restricted rate of 15% shall not include purchase prices of goods sold.

In case expenses in 2014 of the company include welfare-related expenses intended for employees such as expenses incurred on funeral or wedding of employees, expenses incurred on New Year's lucky money, holiday allowance, etc and other welfare-related expenses with legal invoices and documents as well as total welfare-related expenses do not exceed actual average one month's salary in the tax year of the company, they will be counted towards deductible expenses for determining income on which corporate income tax is imposed.

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