Explaining many issues related to corporate income tax

Tô Thế |

Many other opinions in the Law on Corporate Income Tax (amended) were explained at the 46th session of the National Assembly Standing Committee.

On the afternoon of June 4, the National Assembly Standing Committee (NASC) gave its opinion on the reception, explanation, and revision of the draft Law on Corporate Income Tax (amended).

Presenting a report at the meeting, Chairman of the National Assembly's Economic and Financial Committee (ECF) Phan Van Mai said that based on the synthesis of opinions of National Assembly deputies during the discussion process, the Standing Committee of theECF closely coordinated with the drafting agency and relevant units to complete the draft law.

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Chairman of the KTTC Committee Phan Van Mai presented a report on the reception, explanation, and revision of the draft Law on Corporate Income Tax (amended). Photo: Quochoi

One of the notable contents is the proposal to allow businesses to deduct 200% of actual costs for research and development activities, including costs for testing and implementing new technologies when calculating taxable income.

Regarding this issue, the KTTC Committee said that the draft Law has stipulated in the direction of allowing enterprises to deduct additional expenses applied to the research and development activities of enterprises when determining taxable income, calculated as a percentage of actual costs and assigned the Government to specify in detail the additional deductible expenditure level, conditions and scope of application...

The lack of specific levels in the law aims to ensure flexibility in policy implementation, in accordance with budget conditions and practices of each period.

Another opinion believes that not applying preferential tax rates (15%, 17%) to enterprises that are subsidiaries or have affiliated relationships is unreasonable.

However, the KTTC Committee believes that this regulation is aimed at avoiding the situation of taking advantage of policies and separating businesses to enjoy tax incentives. If small and medium-sized enterprises have relationships with large enterprises, they will no longer be truly small and medium-sized enterprises.

Resolution 198/NQ-QH15 also provides separate incentives, even higher, for small and medium enterprises, startups and high-tech enterprises.

Regarding the criteria for applying preferential tax rates, the draft stipulates based on revenue to ensure compliance with reality, facilitate implementation, and not conflict with the Law on Support for Small and Medium Enterprises.

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Meeting scene. Photo: Quochoi

In response to the opinions of delegates, the draft law also adds a provision allowing businesses to choose the most favorable tax incentive level, in case the same amount of income is entitled to many different incentives in the same period.

In case the enterprise does not meet the conditions for preferential treatment, the competent authority will carry out the recovery and sanction according to regulations.

In addition to the above contents, delegates also discussed many other issues, such as: taxable income, tax-exempt income, tax calculation methods, revenue, deductible and non-deductible expenses, etc.

Chairman of the KTTC Committee Phan Van Mai affirmed that, based on the direction of the Standing Committee of the National Assembly, the Committee will continue to coordinate with the drafting agency and relevant parties to complete the draft Law according to regulations.

Tô Thế
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