Official Letter No. 852/CT-CS dated 25/04/2025 issued by the Department of Taxation on tax policies as follows:
by KMC Consulting Company Limited
In case the Company has assets secured for loans that are land use rights and assets attached to land when the Judgment Enforcement Agency auctions the property to settle bad debts, the real estate transfer income must declare and pay CIT as prescribed, and the Asset Auction Judgment Enforcement Agency shall declare and pay CIT as prescribed. pay CIT instead according to the provisions of Clause 5, Article 17 of Circular 78/2014/TT-BTC dated 18/6/2014 of the Ministry of Finance.
- When the judgment enforcement agency auctions real estate to ensure judgment enforcement, the proceeds shall be handled according to the Government's Decree on distraint and auction of land use rights for judgment enforcement.
- Auction organizations must declare and deduct income tax from real estate transfer and remit it into the budget, clearly stating the payment of tax on their behalf.
- If the cost of real estate cannot be determined:
Cost price = amount of debt payable under the judgment enforcement decision + transfer cost with valid invoice.
For more detailed information about this or related Tax Advisory, please don't hesitate to contact us.
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