Domestic Fiscal System and International

Transcription

1 Lorenzo Riccardi Vietnam Tax Guide Domestic Fiscal System and International Treaties ^ Springer

2 Part I Vietnamese Tax System 1 Introduction to the Vietnamese Tax System Legislative Background and Tax Reform VAT Changes TypesofTaxes 4 2 Personal Income Tax General Principles Tax for Residents and Non-Residents Tax Year Taxable Income Exempt Income Deductions and Tax Breaks Tax Rates Resident Persons Tax Administration Tax Registration Declaration and Payment of Taxes Social Conthbutions 11 3 Income Tax on Enterprises Rates and Tax Incentives Determination of Taxable Income Calculation Formula Tax Administration Deductible Expenses Depreciation Losses Carry Forward Taxes on Income from the Sale of Shares 16 vii

3 viü 3.4 Withholding Tax Methods of Payment Agreements Against Double Taxation Dividends Anti-Avoidance Rules Thin Capitalization and Anti-Avoidance Rules Transfer Pricing 19 4 Turnover Taxes and Other Taxes Value Added Tax ScopeofVAT Goods and Services Exempted from VAT VAT Rates Calculation of VAT Tax Administration Special Sales Tax Tax Rates Capital Duty and Stamp Duty Duties on Imports and Exports Tax Rates Calculation of Import Tariffs Exemption from Duties on Imports Reimbursement of Duties on Imports Duties on Exports 26 5 Audit and Transfer Pricing Policies Background of Tax Audits Background of Accounting and Auditing Definitions and Application in Vietnam OECD Guidelines Advance Pricing Arrangement ("APA") Arm's Length Principle Arm's Length Range Associated Enterprises Balancing Payment Buy-in Payment Buy-Out Payment Commercial Intangible Comparability Analysis Comparable Uncontrolled Transaction Comparable Uncontrolled Price (CUP) Method Compensating Adjustment Contribution Analysis Controlled Transactions Corresponding Adjustment 34

4 ix Cost Contribution Arrangement ("CCA") Cost Plus Mark Up Cost Plus Method Direct-Charge Method Direct Costs Functional Analysis Global Formulary Apportionment Gross Profits Independent Enterprises Intra-Group Service Intentional Set-Off Marketing Intangible Multinational Enterprise Group (MNE Group) Multinational Enterprise (MNE) Mutual Agreement Procedure Net Profit Indicator "On Call" Services Primary Adjustment Profit Potential Profit Split Method Resale Price Margin Resale Price Method Residual Analysis Secondary Adjustment Secondary Transaction Shareholder Activity Simultaneous Tax Examinations Trade Intangible Traditional Transaction Method Transactional Net Margin Method Transactional Profit Method Uncontrolled Transactions Transfer Pricing in Vietnam Related Party Transactions Documentation and Disclosure Requirements Penalties Transfer Pricing Methods Comparable Uncontrolled Price Method (CUP) Resale Price Method (Table 5.5) Cost Plus Method (Table 5.5) Profit Split Method Note on Deductions Transfer Pricing Audit and Adjustments Advance Pricing Arrangements (APA) 46

5 x Part II International Treaties 6 Introduction to International Taxation and Treaties Conventions Against Double Taxation 49 7 American Area Treaties Vietnam American Area Bilateral Agreements' History Vietnam-USA Bilateral Agreements History and Evolution Vietnam-Canada Bilateral Agreements History Canada-Vietnam Treaty 55 8 Asian Area Treaties Vietnam-Asian Area Bilateral Agreements'History Vietnam-India Bilateral Agreement's History and Evolution Vietnam-Singapore Bilateral Agreement's History and Evolution Vietnam-Korea Bilateral Agreements History and Evolution Vietnam-Japan Bilateral Agreements History and Evolution Vietnam-China Bilateral Agreements History and Evolution Vietnam-Thailand Bilateral Agreements History and Evolution Vietnam-Taiwan Bilateral Agreements History and Evolution Vietnam-Hong Kong Bilateral Agreements History Thailand-Vietnam Treaty Korea-Vietnam Treaty China-Vietnam Treaty Hong Kong-Vietnam Treaty European Area Treaties Vietnam-European Union Bilateral Agreement's History and Evolution Italy-Vietnam Treaty Sweden-Vietnam Treaty Denmark-Vietnam Treaty Germany-Vietnam Treaty 188 Bibliograph^ 205