Official Letter No. 590/CTBDU-TTHT issued by the Binh Duong Tax Department regarding capital transfer associated with real estate
by KMC Consulting Company Limited
In cases where both the transferor and the transferee in a capital transfer transaction are foreign organizations that do not operate under the Law on Investment and the Law on Enterprises of Vietnam, the company is responsible for declaring and paying corporate income tax on behalf of the foreign organization arising from the capital transfer activity.
The determination of income from capital transfer shall be carried out by the company in accordance with the guidelines provided in Article 14 of Circular No. 78/2014/TT-BTC dated June 18, 2014, issued by the Ministry of Finance (as amended and supplemented by Circular No. 96/2015/TT-BTC dated June 22, 2015, of the Ministry of Finance).
The company shall declare in accordance with Form No. 06/TNDN (applicable to capital transfer transactions involving real estate, as issued with Circular No. 80/2021/TT-BTC dated September 29, 2021, of the Ministry of Finance) and comply with the provisions of the Tax Administration Law and Decree No. 126/2020/ND-CP.
For more detailed information about this or tax advisory, please don't hesitate to contact us.
Website: https://kmc.vn/
Hotline: +84 81 489 4789 or +84 91 988 9331
Email: info@kmc.vn