Thông tư 193/2015/TT-BTC

CIRCULAR

AMENDING AND SUPPLEMENTING THE CIRCULAR No. 219/2013/TT-BTC OF THE MINISTRY OF FINANCE DATED DECEMBER 31, 2013 ON PROVISION OF GUIDANCE ON IMPLEMENTATION OF THE VALUE-ADDED TAX LAW AND THE GOVERNMENT’S DECREE No.209/2013/ND-CP DATED DECEMBER 18, 2013 ON DETAILED PROVISIONS AND GUIDANCE ON IMPLEMENTATION OF SEVERAL ARTICLES OF THE VALUE-ADDED TAX LAW  

Pursuant to the Law on Value-added Tax No. 13/2008/QH12 dated June 03, 2008 and the Law on Amendment and Supplementation of several articles of the Law on Value-added Tax No. 31/2013/QH13 dated June 19, 2013;

Pursuant to the Law on Amendment and Supplementation of several articles of the Law on Tax No. 71/2014/QH13 dated November 26, 2014;

Pursuant to the Government’s Decree No. 209/2013/ND-CP dated December 18, 2013 on detailed provisions and guidance on implementation of several articles of the Value-added Tax Law; 

Pursuant to the Government’s Decree No. 12/2015/ND-CP dated February 12, 2015 on detailed provisions of implementation of the Law on Amendment and Supplementation of several articles of Laws on Amendment and Supplementation of several articles of the Decrees on Tax;;

Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

In implementing the Government’s Resolution of the August 2015’s regular meeting session of the Government No. 62/NQ-CP dated September 7, 2015;

Upon the request of the Director of General Department of Taxation,

The Minister of Finance hereby provide guidance on amendment and supplementation of several contents of the Circular No. 219/2013/TT-BTC of the Ministry of Finance dated December 31, 2013 on guidance on the value-added tax as follows:

Article 1. Amending and supplementing the Circular No. 219/2013/TT-BTC of the Ministry of Finance dated December 31, 2013 on provision of guidance on implementation of the Value-added Tax Law and the Government’s Decree no.209/2013/ND-CP dated December 18, 2013 on detailed provisions and guidance on implementation of several articles of the Value-added Tax Law (which has been amended and supplemented in conformity with the Circular No. 119/2014/TT-BTC of the Ministry of Finance dated August 25, 2014) as follows:

Adding point h clause 7 Article 5 of the Circular No. 219/2013/TT-BTC:

“h. Organizations or enterprises paid remunerations by government bodies for their provision of authorized collection or payment services. 

Such authorized collection and payment remunerations which are not subject to value-added tax declaration and assessment as prescribed in this point are those obtained from activities: collection of voluntary social insurance, voluntary health insurance premiums authorized by social insurance authorities; payment of benefits provided as an advantage for persons honored for their meritorious service, other benefits authorized by the Ministry of Labor, War Invalids and Social Affairs; collection of taxes paid by sole proprietors authorized by tax authorities and other collection and payment activities authorized by government bodies."

Article 2. Effect

1. This Circular shall enter into force from January 10, 2016.

2. Organizations or enterprises paid remunerations by government bodies for their provision of authorized collection or payment services before the entry into force of this Circular shall follow instructions provided for in this Circular.  

In the course of implementation, if there is any difficulty that may arise, these organizations and enterprises are advised to send their timely feedbacks to the Ministry of Finance (the General Department of Taxation) for the purpose of consideration and recommended measures taken./.