Procedures for not collecting export tax and import tax
- April 19, 2023
Procedure name | Procedures for not collecting export tax and import tax |
Decision issued | 764/QD-BTC |
How to perform | – Submit directly to the customs office;
– Submit by post; – Submit electronically. |
Resolution deadline | – Follow the provisions of Article 75 of the Law on Tax Administration No. 38/2019/QH14: For documents subject to advance tax refund, no later than 06 working days from the date the tax administration agency announces the Accepting the application and the time limit for processing the tax refund application, the tax administration agency must decide to refund the tax to the taxpayer or notify the transfer of the taxpayer's application for inspection before tax refund if it falls into the prescribed case. specified in Clause 2, Article 73 of this Law or notify the taxpayer not to refund tax if the dossier is not eligible for tax refund. In case the information declared on the tax refund dossier is different from the management information of the management agency tax, the tax administration agency will notify in writing for the taxpayer to explain and supplement information. The time to explain and supplement information is not included in the time limit for processing tax refund dossiers. For dossiers subject to pre-tax refund inspection, no later than 40 days from the date the tax administration agency issues a written notice of the acceptance of the dossier and the time limit for processing the tax refund dossier, the tax administration agency shall issue a written notice. Tax authorities must decide to refund taxes to taxpayers or not to refund taxes to taxpayers if the documents do not meet the conditions for tax refund - For businesses that apply the priority regime as prescribed in Circular No. 72/2015 /TT-BTC dated May 12, 2015 of the Ministry of Finance and Circular No. 07/2019/TT-BTC dated January 28, 2019 of the Ministry of Finance: Time for making tax refund decisions is no more than 01 (one) day work from the date of receipt of the enterprise's valid tax refund request. |
Implementation object | Organizations and individuals. |
Implementing agencies | Customs Branch where customs procedures are carried out. |
Result | The customs authority shall issue a decision not to collect tax or notify the taxpayer of the reason for not being subject to non-collection of tax. |
Fees and charges | Are not |
Requires implementation conditions | – Cases of not collecting tax + Not collecting tax on goods subject to tax refund but tax has not been paid as prescribed in Article 33, Article 34, Article 35, Article 36, Article 37 of Decree 134/2016/ND- CP: + Do not collect tax on goods that are not subject to import tax or export tax specified in Article 33 and Article 34 of Decree No. 134/2016/ND-CP |
Legal grounds | – Article 19 Law on Export Tax and Import Tax No. 107/2016/QH13;
– Article 75 of Law on Tax Administration No. 38/2019/QH14. - Decree No 134/2016/ND-CP dated September 1, 2016 of the Government detailing a number of articles and measures to implement the Law on Export Tax and Import Tax. – Clause 19, Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government amending and supplementing a number of articles of Decree No. 134/2016/ND-CP dated September 1, 2016 of the Government detailing a number of articles and measures to implement the Law on Export Tax and Import Tax. |
The order of execution |
Step 1: Taxpayers submit tax exemption documents to the customs authority where the goods are exported or imported at the time of customs clearance or after the goods have been cleared. Step 2: The customs office where procedures are carried out is responsible for receiving, checking documents and notifying the results to the applicant. – For the case mentioned in Point a, Clause 1, Article 37a of Decree No. 18/2021/ND-CP, the procedures for submitting, receiving, and processing non-tax collection documents are the same as the procedures for submitting, receiving, and processing Profile refunds. – For the case mentioned in Point b, Clause 1, Article 37a of Decree No. 18/2021/ND-CP: In case the first export or import declaration of the shipment does not generate the tax amount requested for refund and The taxpayer submits an application for non-collection of tax at the time of customs procedures, the customs authority issues a decision not to collect import tax on re-imported goods, and does not collect export tax on re-exported goods within the time limit. customs clearance deadline if there is sufficient basis to determine that imported goods are previously exported goods and exported goods are previously imported goods. In case the declaration of first-time exported or imported goods of a shipment generates a tax amount requested for refund or the declaration of first-time exported or imported goods of a shipment does not generate a tax amount requested for refund but The taxpayer submits a dossier requesting not to collect tax after the goods have cleared customs: Procedures for submitting, receiving, and processing dossiers for not collecting tax are the same as the procedures for submitting, receiving, and processing tax refund dossiers. The customs authority issues a decision not to collect tax on re-exported or re-imported goods along with a decision to refund tax on first-time imported or exported goods. The tax amount paid on the re-exported or re-imported shipment is refunded to the taxpayer in accordance with the law on tax administration. |
Profile components | Official letter requesting not to collect export tax or import tax for exported and imported goods according to the information criteria in Form No. 02, Appendix VIIa or official letter requesting not to collect export or import tax according to Form No. 09a Appendix VII issued with Decree 18/2021/ND-CP: 01 original copy.
For the case specified in Point a, Clause 1, Article 37a of Decree No. 18/2021/ND-CP, in addition to the official letter requesting not to collect tax, taxpayers submit documents similar to tax refund documents. |
Number of records | 01 set |
Name of the declaration form | Official letter requesting not to collect export tax or import tax for exported and imported goods according to the information criteria in Form No. 02, Appendix VIIa or official letter requesting not to collect export or import tax according to Form No. 09a Appendix VII issued with Decree 18/2021/ND-CP. |
Attachments | 0 |
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Phone: (+84) 28-2218.7777 // (+84) 28-2219.7777
Website: https://whitelotuslogistics.com.vn
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