Uni 05-06-2025 - VAT refund for investment project

Official letter 3324/CCTKV.XII-QNDNA-QNA of VAT refund for investment project:

Based on the above regulations, the Tax Department of Region XII replies as follows:

• In case the Company has a new investment project in the investment phase, but does not comply with the progress of the investment project as prescribed in the Investment Registration Certificate and the Company has carried out construction investment during the period when it has not been granted a construction permit by a competent state agency, then the invoices for basic construction investment arising during the period from the date of construction commencement (quarter III/2022) to before the date of granting the Construction Permit (January 2025) of the investment project will not be eligible for input VAT deduction and VAT refund consideration for the investment project;

• The input VAT amount that is not deductible during the investment phase of forming fixed assets, if it satisfies the conditions specified in Article 4 of Circular No. 96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance (amended and supplemented Article 6 of Circular No. 78/2014/TT-BTC (amended and supplemented in Clause 2, Article 6 of Circular No. 119/2014/TT-BTC and Article 1 of Circular No. 151/2014/TT-BTC) is included in the original price of fixed assets according to the guidance in Circular No. 45/2013/TT-BTC dated April 25, 2013 of the Ministry of Finance guiding the management, use and depreciation of fixed assets. The Company is not allowed to account for deductible expenses when calculating taxable income for corporate income tax for the input VAT amount arising during the investment phase of the project to form fixed assets;