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blue-check Regarding amounts included in deductible expenses upon determination of EIT - liable incomes

Official letter No. 29359/CTHN-TTHT dated June 22nd, 2022 of the Department of Taxation of Ha Noi city regarding guidelines for tax policy
Posted: 1/7/2022 1:25:39 PM | Latest updated: 15/7/2022 1:38:26 PM (GMT+7) | LuatVietnam: 5495
VietlawOnline

According to the regulations at point d clause 2.6 Article 4 of Circular No. 96/2015/TT-BTCstatus2 , expenses in relation to salaries paid to a director cum owner of a one-member limited liability company shall not be included in deductible expenses upon determination of incomes liable to enterprise income tax (EIT), regardless of participation in directing the production and business or not.

Especially, remuneration paid to founding members, members of the Board of members, Board of Directors shall be included in deductible expenses upon determination of EIT – liable incomes only when these persons directly participate in directing the production and business of the company.

With regard to salaries, wages paid to employees, in order to be included in deductible expenses upon determination of EIT – liable incomes, they must meet the conditions regulated at Article 4 of Circular No. 96/2015/TT-BTCstatus2 and the payments must be specified in labor contract, collective labor Agreement, or the Regulation on finance of a Company.

Ms Phuong Thao (VietlawOnline.com)
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