Recently, in order to amend and supplement Decree 209/2013/ND-CP guiding the Value-Added Tax Law, The Government issued Decree 49/2022/ND-CP on July 29, 2022. Accordingly, the cases in which land prices are deducted for value-added tax calculation are currently specified as follows:
1. To be allocated land by the State to invest in infrastructure to build houses for sale, the deducted land price for value-added tax calculation includes land use levy payable to the State budget, compensation and clearance money (if possible);
Compared with the current regulations, Decree 49/2022/ND-CP has removed the regulation "not counting land use fees which are exempted or reduced".
2. Renting land for infrastructure construction, building houses for sale, the deducted land price for calculating value-added tax is the land rent payable to the State budget and compensation and ground clearance (if possible);
Decree 49/2022/ND-CP has omitted the regulation "not including land rent which is exempted or reduced".
The compensation and ground clearance in the above two cases is the compensation and ground clearance amount according to the plan approved by the competent state agency, which is deducted from the payable land use levy and land rent. in accordance with the law on collection of land use levy, land rent and water surface rent.
Photo 1: Amending the regulations on deducted land prices to calculate value-added tax_ Hotline: 097 211 8764
3. At auction of land use rights, the deducted land price for value-added tax calculation is the auction winning land price;
4. When a business establishment receives the transfer of land use rights from organizations or individuals, the deducted land price for calculating value-added tax is the land price at the time of receiving the land use right transfer, excluding the value of land use rights. the infrastructure;
In case the value of infrastructure cannot be separated at the time of receiving the transfer, the deducted land price for calculating value-added tax is the price set by the People's Committee of the province or centrally run city at the time of signing the contract to receive transfer.
5. When a business establishment receives a land use right contribution as capital from an organization or individual, the deducted land price for value-added tax calculation is the price stated in the capital contribution contract;
In case the transfer price of land use right is lower than the price of land received as capital contribution, only the land price will be deducted according to the transfer price.
6. Real estate business establishments in the form of build-transfer (BT) payment by the value of land use rights, the deducted land price for value-added tax calculation is the price at the time of signing the contract. BT coin;
Decree 49/2022/ND-CP amending Decree 209/2013/ND-CP guiding the Law on Value Added Tax issued by the Government on July 29, 2022 will officially take effect on September 12, 2022.
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