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blue-check Issues relating to EIT payment when foreign organizations transfer capital contributed in Vietnam

Official letter No. 39624/CTHN-TTHT dated August 11th, 2022 of the Department of Taxation of Ha Noi city regarding enterprise income tax (EIT) with regard to capital transfer activity
Posted: 12/8/2022 12:54:08 PM | Latest updated: 18/8/2022 12:04:22 PM (GMT+7) | LuatVietnam: 5519 | Vietlaw: 574
VietlawOnline

The declaration, payment of EIT on incomes from transfer of capital contributions of foreign investors now is still carried according to the regulations at clause 2 Article 14 of Circular No. 78/2014/TT-BTCstatus2 .

Accordingly, if foreign investors (including those that do not have permanent establishments in Vietnam) earn incomes from transfer of capital contributions in Vietnam, they have to pay tax.

In case both transferor and transferee are foreign investors, the enterprise where the capital contributions are transferred shall withhold and pay tax.

Regarding the application of Agreement on Double Taxation Avoidance to incomes from capital transfer of an investor in Ireland, it shall be carried out according to Article 14 of the Agreement and Article 27 of Circular No. 205/2013/TT-BTC .

Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 574

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