SOCIAL REPUBLIC OF VIETNAM
No: 3867 / TCT-KK
Hanoi, date 16 month 9 year 2020
Dear: Dong Thap Tax Department
On August 10, 8, the General Department of Taxation received Official Letter No. 2020 / CT-KK dated August 1380, 05 of Dong Thap Tax Department on refund of overpaid VAT due to incorrect payment of the investment project management board. constructing civil and industrial projects in Dong Thap province. Regarding this matter, the General Department of Taxation has the following opinions:
Pursuant to Clauses 1 and 2, Article 33 of Circular No. 156/2013 / TT-BTC dated November 06, 11 of the Ministry of Finance guiding the handling of overpaid tax, late payment interest and fines:
"first. Taxes, late payment interest and fines are considered overpaid when:
a) The taxpayer whose tax, late payment interest, or fine is greater than the payable tax, late payment interest, or fine for each tax with the same economic content (subsection) prescribed by index of state budget within 10 (ten) years from the date of remittance into the state budget. For the tax subject to tax finalization, the overpaid tax amount shall only be determined when the paid tax amount is larger than the payable tax amount according to the tax finalization.
b) The taxpayer has a refundable tax in accordance with the laws on value added tax, excise tax, environmental protection tax, and personal income tax (except for the case mentioned in Point a Clause this).
2. Taxpayers may settle overpaid tax, late payment interest and fines in the following order:
a) The offset against the outstanding tax, late payment interest, or fines of the same tax is specified in Clause 1 Article 29 of this Circular (except for the case mentioned in Point b Clause 1 of this Article. ).
b) The clearing automatically against the payable amount of the next tax payment of each tax with the same economic content (sub-category) specified in the State budget index (except for the case specified at Point b, Clause 1 This). If more than 06 (six) months from the time the overpaid tax arises but no further payable tax arises, the instructions at Point c of this Clause shall apply.
c) Taxpayers have overpaid tax, late payment interest, and fines under Point b, Clause 1 of this Article, and the taxpayer has overpaid tax, late payment interest, and fines specified at Point a. After the clearing according to the instructions at Points a and b of this Clause, and still have overpaid tax, late payment interest, and fines, the taxpayer shall send a tax refund request dossier to the duty tax agency. to manage tax refund under the guidance in Chapter VII of this Circular… ”.
Pursuant to the above provisions, the taxpayer may only refund the overpaid tax amount in the case that, after 06 months from the time the overpaid tax arises, the taxpayer does not have the next payable tax amount. Therefore, Dong Thap Department of Taxation is requested to base on the provisions of Clauses 1 and 2, Article 33 of Circular No. 156/2013 / TT-BTC of the Ministry of Finance and the actual management situation to handle VAT amounts. submitted by Dong Thap Industrial and Civil Construction Investment Project Management Unit in accordance with the law.
The General Department of Taxation replies so that Dong Thap Provincial Department of Taxation can know and implement./.
TL. GENERAL DIRECTOR