Decree 141: Low-revenue enterprises are entitled to compensation or refund of overpaid tax

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From 2026, businesses with annual revenue of 1 billion VND or less are eligible for tax exemption and will be refunded or offset the tax paid temporarily.

The Government has just issued Decree 141/2026/ND-CP dated April 29, 2026, amending and supplementing a number of articles of Decree No. 68/2026/ND-CP stipulating tax policies for business households and individual businesses and Decree No. 320/2025/ND-CP detailing a number of articles and measures to organize guidance on the implementation of the Law on Corporate Income Tax.

Criteria for determining businesses with revenue under 1 billion VND to be tax-exempt

According to Article 2 of Decree 141/2026/ND-CP (supplementing Clause 15, Article 4 of Decree 320/2025/ND-CP), enterprises with total annual revenue not exceeding 1 billion VND are exempt from corporate income tax. The method of determining revenue is as follows:

Based on revenue calculation: Is total revenue from sales, service provision (excluding deductions), financial revenue and other income. This data is based on the Appendix of business results attached to the corporate income tax finalization declaration of the immediately preceding year.

In case of operation for less than 12 months: Revenue is calculated according to the formula:

(Total actual revenue: Number of actual operating months) x 12 months.

Regulations on monthly calculation: Newly established enterprises, transforming types, consolidating, merging, splitting... arising on any day of the month, that month is still counted as 01 full month.

Regulations on temporary tax payment for newly established enterprises

Newly established enterprises in the tax period, if the estimated revenue is no more than 1 billion VND, are not required to temporarily pay corporate income tax. However, it should be noted:

If at the end of the tax period, actual revenue exceeds 1 billion VND: Businesses must declare and finalize taxes according to general regulations.

If in reality the tax exemption condition is not met: The enterprise must additionally pay the remaining tax arrears and late payment interest.

Handling the amount of corporate income tax temporarily paid: Compensation or refund

In point b, clause 2, Article 3 of Decree 141/2026/ND-CP, the rights of low-revenue enterprises are clearly stipulated:

Suspension of temporary payment: Businesses that have temporarily paid corporate income tax in the first quarter of 2026 but expect to have revenue of 1 billion VND or less for the whole year do not have to temporarily pay tax in the following quarters.

Compensation or refund: If by the end of 2026, actual revenue is exactly 1 billion VND or less, the amount temporarily paid will be:

Extract from the amount of tax payable for the following year.

Or be refunded by the tax authority under the overpaid category.

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