CASES ARE TAX REFUNDED

The above cases for tax refund are specified in specialized law, specifically:

Case 1: Organizations or individuals eligible for value added tax refund

Article 13 of the Law on Value Added Tax 2008 (amended and supplemented 2013, 2016) specifies cases of VAT refund, specifically:

- In case a business establishment has registered to pay value-added tax by the deduction method has a new investment project, is in the investment stage and has value-added tax on purchased goods or services. For investments that have not been deducted and the remaining tax amount is VND 300 million or more, value added tax will be refunded.

- If a business establishment has exported goods or services in a month or quarter, if the uncredited input value-added tax amount is VND 300 million or more, it will be entitled to a VAT refund on a monthly or quarterly basis ...

Case 2: Organizations and individuals eligible for export tax refund or import tax refund

Article 19 of the Law on Export Tax and Import Tax 2016, cases of tax refund include:

- Taxpayers have paid import tax or export tax but there are no less imported, exported, or imported or exported goods that are less than imported or exported goods for which tax has been paid;

- Taxpayers that have paid export tax but exported goods must be re-imported will be refunded export tax and are not required to pay import tax;

- Taxpayers who have paid import tax but imported goods must be re-exported are entitled to import tax refund and no export tax required;

- Taxpayers have paid tax on goods imported for production and business but have put into production for export goods and exported products ...

Case 3: An individual is eligible for personal income tax refund in accordance with the law on personal income tax

Clause 2, Article 8 of the Law on personal income tax 2017 (amended and supplemented 2012), cases eligible for personal income tax refund include:

- The paid tax amount is larger than the payable tax amount;

- Individuals who have paid tax but have taxable income not up to the taxable level;

- Other cases as decided by competent state agencies.

Case 4: Business organizations or individuals eligible for special consumption tax refund

Clause 1, Article 8 of the Law on Special Consumption Tax 2008 (amended in 2014, 2016), in case of a refund of personal income tax include:

- Goods temporarily imported for re-export;

- Goods are raw materials imported to produce or process export goods;

- Tax finalization upon merger, consolidation, division, separation, dissolution, bankruptcy, ownership transformation, enterprise transformation, operation termination with overpaid tax ...

Case 5: Organizations and individuals that pay other taxes have the tax paid to the state budget larger than the payable tax amount