3-year corporate income tax exemption, not every business is allowed

Hà Lê |

3-year corporate income tax exemption is a noteworthy incentive for the private economy, but does not apply to all businesses.

Decree 20/2026/ND-CP of the Government guiding Resolution 198/2025/QH15 stipulates that small and medium-sized enterprises registering for the first time are exempt from corporate income tax for 3 years from the date of issuance of the Enterprise Registration Certificate.

However, this preferential policy does not apply to the following cases:

Enterprises established on the basis of mergers, consolidations, divisions, separations, transfers of ownership or conversions of enterprise types;

Newly established enterprises where the legal representative (except in cases where the legal representative is not a capital contributing member), a member of a partnership or the person with the highest capital contribution has participated in business activities as a legal representative, a member of a partnership or the person with the highest capital contribution in the enterprises in operation or dissolved but not yet 12 months from the time of dissolving the old enterprise to the time of establishing a new enterprise;

Income items not eligible for tax exemption according to Clause 3, Article 18 of the 2025 Corporate Income Tax Law.

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Hà Lê
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