(Chinhphu.vn) - Where Cadana Vietnam Co., Ltd. is a newly established enterprise from an investment project with VAT of goods and services used for investment if it meets the conditions under the guidance in Clause 3, Article 1 of the Circular No. 130/2016 / TT-BTC and conditions for tax deduction will be refunded VAT.

The Cadana Vietnam Co., Ltd. was established in the investment phase of the project. According to the new project regulations, the Company must declare the form No. 02 / GTGT. However, in the course of operation, the Company has incurred expenses on production and business activities without revenue, so the Company has declared the project costs and the production and business activitiescostseparately in the declaration form No. 01 / GTGT and 02 / GTGT.

When completing the first round of tax refunds (pre-checking, recovery later), the Company has been refunded the tax and have explanations of the forms 01 / GTGT and 02 / GTGT.

However, after completing the second round of tax refund (refunded before the next inspection), the tax authority stated that it is against the regulations and does not allow the company to be refunded (because only all expenses can be declared on the form No. 02 / GTGT. ).

Through the receiving and answering system to enterprises' recommendations, the Cadana Vietnam Co., Ltd would like to ask, in case the company declared both forms, is it correct?

Regarding this issue, The General Department of Taxation gives the following opinions:

Clause 3, Article 1 of the Circular No. 130/2016 / TT-BTC dated December 34, 2016 of the Ministry of Finance guiding the refund of value added tax (VAT).

"2. Whether a business establishment newly established from an investment project has registered its business, registered to pay VAT by the deduction method, or the oil and gas field exploration and development project is in the investment phase and has not yet in operation, if the investment duration is 1 year or more, the VAT shall be refunded for goods and services used for investment each year, except for cases guided in Point c, Clause 3 of this Article. In case, the accumulated VAT amount of purchased goods or services used for investment of VND 300 million or more shall be refunded VAT. "

Clause 3, Article 11 of the Circular No. 156/2013 / TT-BTC dated November 6, 2013 of the Ministry of Finance guiding VAT declaration dossiers (amended and supplemented in the "B) Monthly and quarterly VAT declaration dossiers applying the tax deduction method:

- A VAT declaration form made according to the form No. 01 / GTGT promulgated together with this Circular (replacing the VAT declaration form, according to form No. 01 / GTGT enclosed with the Circular No. 119/2014 / TT-BTC of October 25, 2014) August 2014 of the Ministry of Finance) ”…

Dossiers of VAT declaration of investment projects include:

- VAT declaration for investment projects according to the form No. 02 / GTGT enclosed with this Circular.

Based on the above guidance, in the case of Cadana Vietnam Co., Ltd. is a newly established enterprise from an investment project with VAT on goods and services used for investment if it meets the conditions under the guidance in Clause 3, Article 1 of the Circular No. 130/2016 / TT-BTC dated August 12, 2016 and conditions for tax deduction shall be refunded VAT.

Regarding the VAT declaration, the Ministry of Finance guided in Article 11 of the Circular No. 156/2013 / TT-BTC dated November 6, 2013, specifically:

- VAT on purchased goods and services in service of production and business activities subject to VAT (not used for investment projects) shall declare the declaration form No. 01 / GTGT.

- VAT on purchased goods and services used for investment projects shall be declared with declaration form No. 02 / GTGT