DECREE No. 49/2022/ND-CP AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREES REGULATIONS ON VAT
✍️ On July 29, 2022, the Government issued Decree No. 49/2022/ND-CP amending and supplementing a number of articles of the decrees regulating VAT.
🎲 The main contents of the Decree include:
👉 AMENDING THE REGULATIONS ON LAND PRICES EXCLUDED TO CALCULATE VAT:
Accordingly, the VAT calculation price is the real estate transfer price minus (-) the land price deducted for VAT calculation.
The land price to be deducted for VAT calculation is specified as follows:
– In case the State is allocated land for investment in infrastructure to build houses for sale, the land price deductible for VAT calculation includes land use levy payable to the state budget and compensation and ground clearance. (if).
– In case of auction of land use rights, the land price deducted for VAT calculation is the auction winning land price.
– In case of leasing land for infrastructure construction or building houses for sale, the land price deductible for VAT calculation is the land rent payable to the State budget for collection of land rent, water surface rent and compensation. , clearance (if any).
The above-mentioned compensation and ground clearance money is the compensation and ground clearance amount according to the plan approved by the competent state agency, which is deducted from the payable land use levy and land rent new).
– In case a business establishment receives a land use right transfer from an organization or individual, the land price deductible for calculating VAT is the land price at the time of receiving the land use right transfer, excluding the base value. infrastructure (previous regulation included infrastructure value).
Business establishments may declare and deduct input VAT on infrastructure (if any).
(Previously, business establishments were not allowed to declare and deduct input VAT on infrastructure included in the deductible land use right value, not subject to VAT)
In case the land price cannot be determined at the time of transfer, the land price deducted for VAT calculation is the land price set by the People’s Committee of the province or city at the time of signing the transfer contract.
In case the value of infrastructure cannot be separated at the time of transfer, the land price deductible for VAT calculation is the land price set by the People’s Committee of the province or city directly under the Central Government at the time of signing the contract. receive transfer.
– In case a business establishment receives a capital contribution with land use rights from an organization or individual, the land price to be deducted for VAT calculation is the price stated in the capital contribution contract.
If the transfer price is lower than the land price for which the capital contribution is received, only the land price will be deducted according to the transfer price.
👉 ON VAT REFUND:
– Business establishments that have registered their business, registered to pay VAT by the deduction method (including new business establishments established from investment projects) have new investment projects (including new investment projects). investment is divided into several investment phases or investment categories) according to the provisions of the Law on Investment in the same province, city or different province or city where the head office is located (except for the case specified in Clause 2 of this Article). Point c of this Clause and investment projects to build houses for sale, investment projects that do not form fixed assets) are in the investment stage or oil and gas field prospecting, exploration and development projects are in the final stage. investment, whose input VAT amount of goods and services incurred in the accumulated investment period has not yet been fully deducted from 300 million VND or more will be refunded VAT.
– Business establishments shall make separate VAT declarations for investment projects and must offset the input VAT amount of the investment project with the payable VAT amount of the current production and business activities (if applicable). yes). After clearing, if the accumulated input VAT of the investment project has not been fully deducted from 300 million VND or more, VAT will be refunded.
👉 OTHER DETAILS PLEASE SEE ATTACHED DECREES
Decree No. 49/2022/ND-CP
🔖 This Decree takes effect from September 12, 2022.