Vietnam's Draft CIT Law: Key Changes for Businesses
2024-10-30

Vietnam is preparing to implement some important adjustments to its Corporate Income Tax (CIT) law. The draft CIT law includes changes to fiscal incentives, taxable income definitions, transfer pricing regulations, and other critical areas. This revision will have an impact on different sectors' enterprises, and it is part of Vietnam's efforts to create a transparent and fair tax system.


One of the main aspects of the draft CIT law is the clarification of taxpayers' categories. According to the new provisions, there will be clearer definitions of who is considered a taxpayer, including foreign enterprises that generate income in Vietnam through indirect means (for example, e-commerce and digital services). This will fill the gaps of the current legislation and will ensure that a broader range of businesses are subject to Vietnam's CIT regulations, reflecting government focus on strengthening tax collection from digital and cross-border transactions.


Moreover, the draft law introduces clearer tax obligations for businesses that are involved in mergers and acquisitions (M&A) activities. These businesses will be required to adhere to stricter reporting standards and pay attention to capital gain taxes, especially when transferring Vietnamese companies' ownership or assets.


The definition of taxable income is another key topic to which the draft law aims to make some changes. The government tries to provide precise guidelines on what constitutes taxable income for both local and foreign enterprises. This includes introducing complete regulations about capital gains and strengthening financial transactions' rules, particularly those that involve multinational corporations.


One important part of the draft CIT law is the revision of fiscal incentives, which have always characterized Vietnam's strategy in attracting Foreign Direct Investment (FDI). While the country will continue to offer incentives to promote investments in key sectors (such as high-tech, green energy and agriculture), the scope of these incentives will have a narrower definition. According to the draft law, a smaller number of industrial areas will be able to benefit from full tax exemptions, which could influence future investment decisions.


The new CIT law will prioritize specific sectors that align with Vietnam long-term development targets, reflecting government's focus on a targeted economic growth. Enterprises that are currently benefiting from CIT exemptions in non-prioritized sectors should evaluate how these changes may influence their tax planning strategies in the future.


The draft CIT law introduces significant adjustments to Vietnam's transfer pricing, including OECD's Base Erosion and Profit Shifting (BEPS) guidelines. It will require a more detailed documentation for related-party transactions to prevent profit shifting to low-tax jurisdictions. The law also aims to address the undervaluation of intangible assets, ensuring that multinational corporations pay taxes that reflect their actual economic activities in Vietnam. These measures are designed to increase transparency and reduce tax avoidance by imposing stricter norms on profit reporting.


As for businesses operating in Vietnam, the changes proposed by the draft CIT law represent both challenges and opportunities. On one hand, enterprises must move in a more complex tax environment, especially when involved in cross-border activities, M&A, or related party transactions. On the other hand, these reforms aim to create equal conditions and prevent tax avoidance, which could boost a healthier business environment in the long run.


At PHC Advisory, we can offer you full support on matters regarding doing business in China, or any other issues your business may face. If you would like to know more about policies relevant to your business in Italy or Asia, please contact us at info@phcadvisory.com.  

 

PHC Advisory is a company of  DP Group: an international professional services conglomerate of companies with approximately 100 experienced professionals worldwide. We offer comprehensive services in tax, accounting, and financial consulting, including financial supervision, financial audit, internal audit, internal control over financial reporting, and support for audited financial statements and annual audits, ensuring clients' financial transparency and compliance. 


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The content of this article is provided for informational purposes only, financial advice must be tailored to the specific circumstances on a case-by-case basis, and the contents of this article do not legally bind PHC Advisory with the reader in any way. 


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