LEARNING OBJECTIVES
• LO 3-1: Explain concept, characteristics and role of export and
import duties (EID).
• LO 3-2: Identify goods to incur export and import duties and
goods not to incur export and import duties.
• LO 3-3: Recognize taxpayers of Vietnamese export and import
duties.
• LO 3-4: Define tax calculation methods, taxable price and tax
rate of Vietnamese export and import duties.
• LO 3-5: Understand exemption, reduction and refund of
Vietnamese export and import duties.
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learance or release.
• Where a credit institution provides guarantee for the amount of tax
payable, customs clearance or release shall be granted.
➢ However, late payment interest shall be paid for the period from the date of customs
clearance or release to the tax payment date.
➢ The guarantee period shall not exceed 30 days from the day on which the customs
declaration is registered.
➢ If the taxpayer fails to pay tax and late payment interest by the end of the guarantee
period, the guarantor shall fully pay tax and late payment interest on behalf of the
taxpayer.
• Taxpayers given priority as prescribed by the Law on Customs shall pay
tax on the customs declarations granted customs clearance or release
in the month by the 10th of the next month.
➢ If the taxpayer fails to pay tax by the aforesaid deadline, the taxpayer shall fully pay
outstanding tax and late payment interest.
DUTY EXEMPTION
1. 1
1. Grant of duty exemption to goods of
foreign entities enjoying diplomatic
immunity and privileges (Article 5);
2. Duty-free allowances for luggage of
inbound and outbound passengers
(Article 6);
3. Exemption of duties on belongings
(Article 7);
4. Exemption of duties on gifts (Article 8);
5. Exemption of duties on goods traded
among border residents (Article 9);
6. Exemption of duties on goods
imported for further processing and
processed exports (Article 10);
7. Exemption of duties on goods exported for
processing and processed imports (Article
11);
8. Exemption of duties on goods imported for
manufacture of domestic exports (Article
12);
9. Exemption of duties on temporarily
imported goods and temporarily exported
goods (Article 13);
10. Exemption of duties on imported fixed assets
of entities eligible for investment incentives
(Article 14);
11. 5-year exemption from import duties on raw
materials, supplies and components (Article
15);
See details in the Decree No. 134/2016/ND-CP
LO 3-5: Understand exemption, reduction and refund of Vietnamese EID.
DUTY EXEMPTION (CONT.)
1. 112. Exemption of duties on imports
serving petroleum activities (Article
16);
13. Exemption of duties on imports
serving ship building and sea-going
vessels for export (Article 17);
14. Exemption of duties on plant varieties,
animal breeds, fertilizers and plant
protection substances (Article 18);
15. Exemption of duties on imports
serving scientific research and
technological development (Article
19);
16. Exemption of duties on imports
serving national defense and security
purposes (Article 20);
17. Exemption of duties on imports
serving education (Article 21) ;
18. Exemption of duties on goods
manufactured, processed, recycled or
assembled in a free trade zone (Article
22);
19. Exemption of duties on imported raw
materials, supplies and components
for manufacture or assembly of
medical equipment (Article 23);
See details in the Decree No. 134/2016/ND-CP
DUTY EXEMPTION (CONT.)
1. 1
20. Exemption of duties on raw materials,
supplies and components imported
for manufacture or information
technology products, digital contents
or software (Article 24);
21. Exemption of duties on goods
imported for environmental
protection purposes (Article 25);
22. Exemption of duties on imports
serving money printing and minting
(Article 26);
23. Exemption of duties on goods
imported for non-trading purposes
(Article 27);
24. Exemption of duties on goods
exported or imported for social
welfare, recovery from a disaster,
epidemic or other special incidents
(Article 28);
25. Exemption of duties on exports or
imports under an international treaty,
goods of low values and goods sent by
express delivery service (Article 29) ;
See details in the Decree No. 134/2016/ND-CP
DUTY EXEMPTION (CONT.)
Example 3-5:
Suppose Tan Phu Company receives an outsourcing contract of shirts from
ABC Company (a foreign company). To implement this contract, Tan Phu
has to import sewing machines and raw materials from ABC. After
producing shirts, Tan Phu punctually exports to return these shirts and
sew machines to ABC with the correct material consumption level as
registered.
Does Tan Phu Company pay import and export tax? Explain.
• Sewing machines and raw materials imported from ABC Company are
exempted import tax.
• Shirts and sewing machines exported to ABC Company are exempted
export tax.
DUTY REDUCTION
• Duties on exports and imports under customs supervision
shall be reduced if the goods are damaged or lost because of
inevitable causes.
➢ The damage or loss is verified by a competent organization.
➢ The level of reduction shall be proportional to the loss of
goods.
➢ Tax is exempt if the exports or imports are completely
damaged or lost.
DUTY REFUND
1. Exported goods already paid export tax but are re-imported are entitled to
export tax refund and are not required to pay import tax (Article 33)
2. Imported goods already paid import duties but are re-exported are entitled to
import duty refund and are not required to pay export tax (Article 34)
3. Temporarily imported machinery, equipment, tools, vehicles already paid
import duties are entitled to import tax refund when they are re-imported
(Article 35)
4. Refund of duties on goods initially imported for business operation and already
paid import duty but eventually used for manufacture of exports (Article 36)
5. Refund of import duty or export duty in case of no imports or exports; refund
of overpaid export or import duty; no refund for cases of minimum duty
amount (Article 37)
See details in the Decree No. 134/2016/ND-CP
DUTY REFUND (CONT.)
• Example 3-6: Tan Phu Company produces clothing for export,
production data are as follows:
- Importing 15,000 meters of materials for producing shirts (for
domestic sale) , the import tax was paid VND 300 million.
- Using 10,000 meters of materials imported to manufacture 5,000
shirts.
- Exporting 4,500 shirts from 5,000 shirts produced.
What is the amount of import tax refunded?
Import tax per material meter (m): 300 million / 15,000m = VND20,000/m
Meters per shirt produced: 10,000m / 5000 shirts = 2m/a shirt
Amount of import tax are refunded: 4,500 x 2 x 20,000 = VND180 million
A BIG EXAMPLE
Following are data from A Company in December 2016:
Following are data from Vinatex Company
in December 2016:
1. Exporting 50,000 products C, the selling
price at the exporting checkpoint on
the commercial invoice and foreign
trade contract was US$ 79.2/unit (CIF
price), I & F fees at 10% of FOB price.
2. Receiving 50,000 products D for the
entrusted export service, the selling
price at the exporting checkpoint on
the commercial invoice and foreign
trade contract was US$ 60/unit (FOB
price), entrusted export commission at
2% of the selling price.
3. Exporting 10,000 products C to an
enterprise located in an export
processing zone for use as raw material
for production, the selling price under
the commercial invoice and foreign
trade contract at the border gate of the
export processing zone of US$ 20/unit.
4. Importing 80,000 products A, the
purchase price at the importing
checkpoint on the commercial invoice
and foreign trade contract was US$
30/unit (FOB price), I & F at 10% of the
purchase price at the exporting
checkpoint.
A BIG EXAMPLE (CONT.)
Following are data from A Company in December 2016:5. Importing a new car, the purchase price at the
first importing checkpoint of Vietnam on the
commercial invoice and foreign trade contract
was US$ 15,000 (CIF price). Vinatex had to pay
interest (simple interest) at 1% per month for the
6 month late payment which was stipulated in
the contract.
6. Importing a second-hand car of 12 seats, cylinder
capacity of 4,000cm³, the purchase price at the
first importing checkpoint of Vietnam was US$
20,000.
7. Receiving 30,000 products E for the entrusted
import service, the purchase price at the first
importing checkpoint of Vietnam on the
commercial invoice and foreign trade contract
was US$ 40/unit (CIF price), entrusted import
commission at 2% on the purchase price.
8. Importing 1,000 products B from an enterprise
located in an export processing zone, the
purchase price at the export processing zone's
border gate under the commercial invoice and
the contract was US$ 30/unit.
* Additional data:
✓ Vinatex sufficiently has contracts, valid export import
documents and bank payment vouchers for its import and
export activities;
✓ All of the goods are imported from countries which grant
Most Favored Nation (MFN) treatment in trade relations
with Vietnam;
✓ Import tax rates according to the Preferential Tariff: Cars:
70%; Product E: 5%; Product A: 25%; Product B: 20%;
✓ Export tax rates: Product C, D: 1%;
✓ Specific import tax on used cars of 12 seats, cylinder capacity
of 4,000cm³: US$ 17,000 / car;
✓ Foreign exchange rate: 20,600VND/US$.
Required: Calculate the export and import tax
payable of Vinatex.
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- giao_trinh_taxation_chapter_3_export_and_import_duties.pdf