General Department of Taxation reviews draft regulations on loan interest expense cap

The GDT said that it has coordinated with six local tax departments to organise a conference to review a draft decree that amends and supplements Decree 132/2020/NĐ-CP on tax management for enterprises with associated transactions.
General Department of Taxation reviews draft regulations on loan interest expense cap
Illustrative image. Businesses are complaining about difficulties with Decree 132/2020/NĐ-CP on tax management for enterprises with associated transactions.— Photo tienphong.vn

The General Department of Taxation (GDT) is seeking solutions to amend the loan interest expense cap regulation at 30 per cent to solve difficulties for businesses in the context of high interest rates in the period 2022-23.

The GDT said that it has coordinated with six local tax departments to organise a conference to review a draft decree that amends and supplements Decree 132/2020/NĐ-CP on tax management for enterprises with associated transactions.

GDT deputy director Đặng Ngọc Minh said that the GDT is collecting opinions of agencies and units after consulting with ministries, localities and the business community.

"The draft decree amending and supplementing Decree No. 132 aims to approach the reality of business operations, creating maximum convenience for taxpayers as well as the overall development of the economy,” said Minh.

In early January, the Vietnam Chamber of Commerce and Industry (VCCI) already sent a proposal to the Ministry of Finance about problems with Decree 132. VCCI said the loan interest expense cap regulation under the draft decree will have adverse impacts on enterprises and the ability to form economic groups in the country.

According to VCCI, businesses reported that tax authorities consider transactions between businesses and banks as affiliated transactions, thereby eliminating interest costs exceeding the allowed ceiling. Meanwhile, in 2022 and 2023, lending interest rates on the market increased sharply, causing interest costs of many businesses to exceed the allowed limit.

In that situation, Decree 132’s regulations cause businesses to suffer double difficulties, having to pay more interest to banks, but not being able to deduct taxes for this cost. These regulations have a strong impact on businesses that use a lot of capital in fields such as infrastructure, production, processing and manufacturing.

“The interest rate of the loan corresponds to the average level of the capital market. Both businesses and banks have shown no signs of intentionally increasing interest costs to reduce tax liability. Therefore, the 30 per cent loan interest expense cap regulation would cause difficulties to businesses," said the VCCI.

The Ministry of Finance also issued a document collecting comments on amending Decree 132 in the direction of eliminating linkages between banks and businesses. However, the process of amending Decree 123 may take a long time. Meanwhile, in the current period, businesses are being inspected and tax examined for the 2022 and 2023 fiscal years.

If there are no immediate measures, it can have a very negative impact on the production and business situation of businesses as well as the stability and consistency of Việt Nam's investment environment, according to the VCCI.

Previously, businesses said that after three years of implementation, Decree 132 had revealed many inadequacies, causing difficulties in production and business activities. One of the bottlenecks that are making many businesses "cry" is the regulation that limits the ceiling of EBITDA (Earnings Before Interest, Taxes, Depreciation and Amortisation) at 30 per cent (Point a, Clause 3, Article 16).

Enterprises said that 30 per cent is the control level of developed countries. The application of anti-thin capitalisation rule of developed countries is not consistent with the reality of Việt Nam, a developing economy with most businesses having thin capital, being in the start-up phase and needing to use a lot of loan capital.

Source: VNA
vietnamnews.vn

Related News

Latest News

The Prime Minister requested that before April 25, complete the revision of regulations on import and export of medicinal materials

The Prime Minister requested that before April 25, complete the revision of regulations on import and export of medicinal materials

VCN - The Ministry of Health, according to its assigned functions, tasks and authority, presides and coordinates with the Ministry of Finance and relevant agencies to urgently review, research, amend and complete the Ministry's regulations on import and export of medicinal materials.
No need to reduce the output of manufacturing and assembling automobile to enjoy preferential tariff

No need to reduce the output of manufacturing and assembling automobile to enjoy preferential tariff

VCN - The Ministry of Finance has responded to the suggestions of Vietnam Automobile Manudacturers’ Association (VAMA) regarding the adjustment of reducing automobile volume to apply a tax rate of 0% for imported components and spare parts used for manufacturing and assembling automobiles. According to the Ministry of Finance, based on the current situation, the request to continue reducing the volume of VAMA is not suitable.
Hundreds of tons of cinnamon essential oil are left in inventory due to export regulations

Hundreds of tons of cinnamon essential oil are left in inventory due to export regulations

VCN - Enterprises exporting cinnamon essential oil are facing difficulties due to regulations on pharmaceutical trading of the Ministry of Health, leading to hundreds of tons of essential oil being left in stock in raw material areas.
Business suspension of temporary import and re-export of Monazite ores and ore concentrates will be valid on May 13th

Business suspension of temporary import and re-export of Monazite ores and ore concentrates will be valid on May 13th

VCN - The Ministry of Trade and Industry issued Circular 05/2024/TT-BCT regulating the temporary suspension of temporary import and re-export of Monazite ores and ore concentrates business.

More News

Improving the customs legal system to be modern, synchronous, unified and transparent

Improving the customs legal system to be modern, synchronous, unified and transparent

VCN - This is one of the contents related to the Customs field recently reported to the National Assembly by the Ministry of Finance.
New points about rules of origin in AKFTA

New points about rules of origin in AKFTA

VCN - The Ministry of Trade and Industry promulgated Circular 04/2024/TT-BCT amending and supplementing some articles of Circular 20/2014/TT-BCT dated June 25, 2014; the circular took effect from May 11, 2024.
It is necessary to build a national database on cross-border trade and transport

It is necessary to build a national database on cross-border trade and transport

VCN - Build a national database on cross-border trade and transport to store and share information to facilitate cross-border trade and transport as well as improve the efficiency and effectiveness of state management.
Removing difficulties in tax exemption and refund policies for export processing enterprises

Removing difficulties in tax exemption and refund policies for export processing enterprises

VCN - The Customs agency has received many proposals from businesses about answering and guiding policies on tax exemption, import tax and VAT refund for export processing enterprises. The General Department of Customs has responded and provided instructions for each specific case.
Reviewing the list of scrap that is temporarily suspended from temporary import and re-export business

Reviewing the list of scrap that is temporarily suspended from temporary import and re-export business

VCN - Scrap is a sensitive item with many potential risks of environmental pollution, directly affecting human health and the ecosystem. Therefore, strict management measures are needed to avoid the risk that Vietnam become a scrap gathering country in the world.
New law expected to boost financial leasing

New law expected to boost financial leasing

The law, which will take effect from July 1 this year, allows financial leasing companies to establish subsidiaries to handle and exploit bad debt assets. It also states that small financial leasing deals with value under VNĐ100 million do not need to control the purpose of capital use.
5% VAT on fertilisers to create fairer market: domestic producers

5% VAT on fertilisers to create fairer market: domestic producers

The absence of VAT on fertilisers has prevented domestic producers from declaring and deducting input VAT, which leads to higher cost of domestically produced fertilisers, by an estimated 5-8 per cent, and makes them vulnerable in competition from imported fertilisers.
Why not reduce export tax on fertilizer products to 0%?

Why not reduce export tax on fertilizer products to 0%?

VCN - Clarifying a number of contents related to the draft Decree amending and supplementing a number of articles of Decree No. 26/2023/ND-CP on Preferential Export Tariffs, Import Tariffs, List of Goods and Rates Absolute tax, mixed tax, import tax outside the tariff quota regarding the export tax rate for some types of fertilizers, the Ministry of Finance has clarified the reason why it does not adjust the export tax rate for this product.
Ho Chi Minh City Customs proposed to reduce VAT

Ho Chi Minh City Customs proposed to reduce VAT

VCN - Ho Chi Minh City Customs Department proposed that the Ministry of Finance advise the Government to apply a reduction in the Value Added Tax (VAT) rate of 2% for all groups of goods and services which currently subject to the 10% VAT rate, uniform at the stages of import, production and consumption.
Read More

Your care

Latest Most read
The Prime Minister requested that before April 25, complete the revision of regulations on import and export of medicinal materials

The Prime Minister requested that before April 25, complete the revision of regulations on import and export of medicinal materials

VCN - The Ministry of Health, according to its assigned functions, tasks and authority, presides and coordinates with the Ministry of Finance and relevant agencies to urgently review, research, amend and complete the Ministry's regulations on import and e
No need to reduce the output of manufacturing and assembling automobile to enjoy preferential tariff

No need to reduce the output of manufacturing and assembling automobile to enjoy preferential tariff

The Ministry of Finance has responded to the suggestions of VAMA regarding the adjustment of reducing automobile volume to apply a tax rate of 0% for imported components and spare parts used for manufacturing automobile
Hundreds of tons of cinnamon essential oil are left in inventory due to export regulations

Hundreds of tons of cinnamon essential oil are left in inventory due to export regulations

VCN - Enterprises exporting cinnamon essential oil are facing difficulties due to regulations on pharmaceutical trading of the Ministry of Health, leading to hundreds of tons of essential oil being left in stock in raw material areas.
Business suspension of temporary import and re-export of Monazite ores and ore concentrates will be valid on May 13th

Business suspension of temporary import and re-export of Monazite ores and ore concentrates will be valid on May 13th

The Ministry of Trade and Industry issued Circular 05/2024/TT-BCT regulating the temporary suspension of temporary import and re-export of Monazite ores and ore concentrates business.
Improving the customs legal system to be modern, synchronous, unified and transparent

Improving the customs legal system to be modern, synchronous, unified and transparent

This is one of the contents related to the Customs field recently reported to the National Assembly by the Ministry of Finance.
Mobile Version