Official Letter No. 6307/CT-CS dated December 26, 2025, issued by the Tax Department regarding the collection of taxes applicable to the sale of collateral assets securing loans, is as follows:

by KMC Consulting Company Limited

  • Pursuant to Clause 6, Article 7 of Circular No. 78/2014/TT-BTC dated June 18, 2014;
  • Pursuant to Article 199 and 200 of the Law on Credit Institutions No. 32/2024/QH15 dated January 18, 2024.

Based on the above-mentioned regulations:

In accordance with Article 200 of the Law on Credit Institutions No. 32/2024/QH15, the tax obligations of the collateral provider and the transferee  arising from the transfer of collateral assets of non-performing loans shall be carried out in accordance with the provisions of the tax laws.

Under the provisions of the Corporate Income Tax Law, in cases where a company has loan collateral assets in the form of automobiles, and the civil enforcement authority conducts an auction of such assets  for the purpose of handling non-performing loans, the income derived from the transfer of such assets shall be determined in accordance with the guidance provided in Clause 6, Article 7 of Circular No. 78/2014/TT-BTC.

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