Ms. Thuong asks whether her company is eligible for corporate income tax incentives and if there will be any changes in the tax management unit.

The Lao Cai Provincial Tax Department responds to this issue as follows:

Based on Point c, Clause 3, Article 10 of Circular No. 96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance guiding corporate income tax:

"c) For enterprises currently enjoying corporate income tax incentives under the category of newly established enterprises from investment projects, the incentives only apply to income from production and business activities that meet the investment incentive conditions stated in the enterprise registration certificate or the first investment certificate of the enterprise. For enterprises that are already operating in production and business activities, if there is a change in the enterprise registration certificate or investment certificate, but the change does not affect the fulfillment of the tax incentive conditions of the project as prescribed, the enterprise continues to enjoy the tax incentives for the remaining time."

Based on the above regulations, the Lao Cai Provincial Tax Department responds as follows:

For businesses that are currently operating and if there is a change in the business registration certificate or investment certificate, but the change does not affect the fulfillment of the tax incentive conditions of the project according to regulations, the enterprise continues to enjoy tax incentives for the remaining period.

Therefore, in the case of your company reducing its charter capital to below 15 billion VND, if the capital reduction is recorded in the business registration certificate or investment certificate and does not affect the fulfillment of the tax incentive conditions of the project according to regulations, the company will continue to enjoy tax incentives for the remaining period.

Based on Article 1, Section 4 of the Regulation on the assignment of tax authorities to taxpayers issued with Decision No. 2845/QD-BTC on December 30, 2016 by the Minister of Finance; and Decision No. 1813/QD-UBND on May 26, 2017 by the People's Committee of Lao Cai province, taxpayers who are already assigned a tax authority (Tax Department or Tax Sub-Department) will not change their tax management authority.