Important Note on Timing for Submitting Documents for Land Rent Exemption

Issued Basis: Official Letter No. 2311/TCT-CS dated May 31, 2024, by the General Department of Taxation regarding land rent exemption policies.

According to the General Department of Taxation, the policy of exempting land rent during the basic construction period and exempting land rent after the basic construction period for investment projects to build and operate industrial park infrastructure is implemented. according to the provisions of Clause 2 and Clause 3, Article 19 of Decree No. 46/2014/ND-CP (amended and supplemented in Clause 6, Article 3 of Decree No. 135/2016/ND-CP)

Regarding the principle of land rent exemption, land users are exempted from land rent for the remaining incentive period (if any) from the time the tax authority receives complete documents according to regulations and are not exempt from land rent within a late payment period.

Land rent exemption documents include the investment policy decision of a competent authority according to the law on investment (except in cases where the investment project is not subject to a Decision on investment policy according to the law on investment). investment policy) or a document approving the investment policy according to the law on investment or a document approving the project according to the provisions of law as prescribed in Article 59 of Circular No. 80/2021/TT-BTC of the Ministry of Finance.

Land rent exemption during the period of capital construction and land rent incentives according to investment law comply with the provisions of Clause 2 and 3, Article 19 of Decree No. 46/2014/ND-CP; Clause 6 Article 3 Decree No. 135/2016/ND-CP amending and supplementing Decree No. 46/2014/ND-CP of the Government

In cases where there is no Decision approving the investment policy, there is only a document approving the investment policy or in cases where there is a decision on investment policy but signed after the issuance of the adjusted investment certificate, request The Department of Taxation coordinates with the Department of Planning and Investment to determine under the law on investment. Based on the opinions of the Department of Planning and Investment and specific documents, the Department of Taxation is requested to consider resolving land rent exemption or reduction following the provisions of the law mentioned above.

Contact W&A for more details!