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Golden Bell Challenge: Acca F6 Taxation - June 2019
Golden Bell Challenge: Acca F6 Taxation - June 2019
GOLDEN BELL
CHALLENGE
GAME RULE
There are a total of four (04) rounds of challenges that you are required to
get over:
In case you do not qualify, do not worry. You can still rejoin the
competition in either of the following scenarios:
Feel free to use your circulars, laws, decrees or lecture slides throughout
the game.
The game will be on a self-assessment basis (just like tax declaration &
payment). That means, you self-assess whether you qualify based on
the answers we provide.
Your efforts pay off - Special gifts are waiting for you if you can reach end
of the road.
NOW…
GOOD LUCK!!!
ROUND 1 –
ELEMENTARY SCHOOL
Question 1.1
(1) Correct
(2) Incorrect
Briefly explain why (You must attempt this to achieve the full mark)
Question 1.2
(a) 0.05% (up to 90 days)/0.07% (from 91th day onwards) per day of late
tax payment
(b) 0.03% per day of late tax payment
(c) Same as (a), plus 20% on under-declared amount (subject to
conditions) or 1-3 times of under-declared amount (subject to conditions)
(d) Same as (b), plus 20% on under-declared amount (subject to
conditions) or 1-3 times of under-declared amount (subject to conditions)
Question 1.3
(a) Indirect tax: Taxpayer is not ultimate tax bearer while Direct Tax:
Taxpayer is ultimate tax bearer;
(b) Indirect tax and Direct Tax are the only method of categorizing tax
types under Vietnamese tax system;
(c) Indirect tax includes VAT, Special Sales Tax and Personal Income
Tax;
Enterprises having related party transactions must declare and submit a disclosure
form to the tax authority together with its …. finalization return. Also, they are
required to prepare and maintain a transfer pricing documentation to evidence their
compliance with TP regulations on an annual basis.
Otherwise, the tax authority reserves the right to imposed ……. Pricing/profit for tax
adjustment purpose.
There are currently 5 acceptable methods for transfer pricing purpose, namely
CUP (comparable uncontrolled price), Profit-based methods (re-sale method,
Comparable Profit Margin (CPM) method, cost plus method) and Profit Split
Method (PSM). Of which, the widely used and accepted are CUP and … Method
(CUP must be tried first)
Question 1.6
(a) There are clear signs that incomes will be generated (i.e. signing labor
contract, signing contract price, issuing monthly pay calculation, receiving
shares, etc.);
(b) Cash is paid out/ realized;
(c) Others (please specify)
Question 1.9
After tax audit, if there is remaining dispute between taxpayer and tax
auditors, taxpayers can appeal in accordance with the Law on Appeal.
The Appeal must first be lodged to the ….. tax authority before escalating
to higher levels.
Foreign contractor A provides construction services (NOT including
providing materials).
Under the contract with Company B, the goods will be delivered directly
from Company B to Company C.
(1) Yes
(2) No
Under the contract with Company B, the goods will be delivered directly
from Company B to Company C (another VN entity).
(1) Yes
(2) No
Question 1.18:
VAT exemption – 0% VAT rate – Cases not required to declare and pay
VAT is similar in terms of:
Question 1.19: Any FCT exposure on the goods value which Company
B pays to A?
(1) Yes
(2) No
(a) 1
(b) 2
(c) 3
(d) Others (Pls specify)
Question 1.21:
Any FCT exposure on the goods value which Company B pays to A?
(1) Yes
(2) No
(1) 1
(2) 2
(3) 3
(4) Others
How may types of main CIT deductible expense (s) when calculating
FCT: :
A1
B2
C3
D4
(a) The foreign contractor is responsible for all the taxes in their tax
jurisdiction;
(b) The foreign contractor is responsible for all the taxes in their tax
jurisdiction and in Vietnam;
(c) The foreign contractor is not responsible for all the taxes in their tax
jurisdiction;
(d) The foreign contractor is responsible for all the taxes in their tax
jurisdiction but not responsible for those incurred in Vietnam;
Question 1.26:
When output VAT is less than input VAT, enterprises will not be
allowed to recover the accumulated un-creditted input VAT and will
have to treat the input VAT as their business cost?
(a) Correct
(b) Not correct
This dividend is after-tax (i.e. Company X pays tax before distributing the
dividend).
(a) No PIT for both, given taxes are already settled before distribution;
(b) 5% PIT on both;
(c) 0.1% PIT on both;
(d) 5% PIT on VND20 million in cash only;
(e) 0.1% PIT on VND20 million in cash only;
(f) Others (Please specify)
Question 1.37 - In 2015, Company A donated
(1) monies in either cash or bank transfer to Bach Khoa university
as in the form of scholarships for best students; and
(2) Monies by bank transfer to a private fund formed by its Former
General Director to help poor people living in rural areas of
Vietnam.
Which of the above donations are deductible for CIT purpose:
(a) Both
(b) (1)
(c) (2)
(d) None
Question 1.38
(a) 10% withheld will be deducted against his total PIT payable in
FY2018 from all sources. His translation income will be considered as a
wage/salary income item for finalization purpose;
How are realized foreign exchange loss and gain (if any) be treated from
tax perspective in the below cases:
Discounted/
Rebated Price
Gifts by
Voucher
Question 1.42:
VAT treatment of the below?
Taxable Input VAT Invoicing
Price /
Output
VAT
Cash compensation/
support/bonus/
financial income
Goods compensation
Cash support to provide
services
Repairs, advertising and
marketing, commercial
promotion, and other specific
services performed outside
Vietnam
(a) 10 years back from date of violation detect/ 5 years back from
date of penalty decision
(b) 5 years back from date of violation detect/ 2 years back from
date of penalty decision
(c) 10 years back from date of violation detect/ 2 years back from
date of penalty decision
(d) 5 years for both cases
Question 1.48:
Company B is subsidiary of Company A. Before Company B is established,
as authorized by Investors in written, Company A pays a number of
expenses on behalf of Company B (i.e. company set-up fee, etc.), proper
invoices are addressed to Company’s A name and tax code & payments are
made from Company A to suppliers.
Can Company B claim the input VAT associated with the invoices as its
creditable input VAT?
(a) Yes
(b) No
Question 1.49:
Briefly state the invoice issuance time for goods sale/ services
provision.
Question 1.50:
Which of the below is NOT required for a legitimate VAT invoice for buyer’s input credit:
(a) Invoice issued in accordance with the Law (having names of copies of an invoice,
ordinal numbers of invoices, Names of goods and services, units, quantities, unit
prices of goods and services; amount payable in numbers and in words, name of
printing agencies, etc.);
(b) Invoice’s Name, address, Tax Code issued to Buyer;
(c) Having buyer and seller’s signatures and seals (except for certain special cases)
and write the date on the invoice.
(d) Invoices must be written in Vietnamese
(e) “Red” invoices must be available for every purchases
For incorrect invoice, not yet issued to buyer: Cross the copies, issue new invoice
For incorrect invoice, issued to buyer but ---- declares taxes: Minutes on invoice
revoke + Issue new invoice
- If the incorrectness does not impact the VAT payable: Make minutes on adjustment
- If the incorrectness impact the VAT payable: Makes minutes on adjustment + Issue
----- invoice
Question 1.53:
The timing for determination of tax payable from real estate transfer
is:
(a) Upon contract effect (in case the contract specifies that buyer
will declare and pay taxes on behalf of seller)
(b) Upon the real estate transfer is duly registered/acknowledged
by competent authorities;
(c) Upon the real estate transfer is duly acknowledged by
competent authorities (in case the contract specifies that buyer
will declare and pay taxes on behalf of seller);
(d) Upon the real estate transfer is duly registered/acknowledged
by competent authorities (in case the contract does not specify
that buyer will declare and pay taxes on behalf of seller);
(e) Others (Please specify)
Question 1.54:
There are two schemes to avoid double taxation, namely tax ---- (pay
first, then --- against similar tax imposed on --- income in home country)
& tax exemption (not paying, submitting a notification dossier on tax
exemption under treaty).
Double tax treaties shall prevail the domestic regulations and apply to
---- taxes (such as CIT, PIT) only. On a case by case basis, certain
incomes may enjoy favorable treatment under treaties (royalty, interest,
business incomes; individual incomes, income from share transfer or
real estate transfer, etc.). Every treaties has similar articles guiding on
such specific incomes.
Question 1.55:
Every provision types are not accepted for CIT purpose given its
uncertainty.
(a) Correct
(b) Not correct
(a) 1 billion
(b) 1.2 billion
(c) 0.8 billion
(d) Others (Please specify)
Question 1.58:
When under-10-seat cars are disposed, however, the net book value is
only capped at VND1.6 billion*years of use.
(a) Correct
(b) Not correct
(a) Yes
(b) No
(a) Yes
(b) No
Any difference btw PIT taxation method for transfer of shares of listed
and non-listed company?
(a) Yes
(b) No
(1) Correct
(2) Incorrect
Briefly explain why (You must attempt this to achieve the full mark)
******
FCT is a mechanism to collect VAT and CIT from foreign organizations or VAT and PIT from
business individuals deriving income in Vietnam
Question 1.2
(a) 0.05% (up to 90 days)/0.07% (from 91th day onwards) per day of late
tax payment
(b) 0.03% per day of late tax payment
(c) Same as (a), plus 20% on under-declared amount (subject to
conditions) or 1-3 times of under-declared amount (subject to conditions)
(d) Same as (b), plus 20% on under-declared amount (subject to
conditions) or 1-3 times of under-declared amount (subject to conditions)
*****
0.03% is interest on late tax payment. If the tax authority comes to audit and detects the under-
declaration, 20% penalty will apply.
1-3 times will be applied instead of 20% if the Company is considered as having acts of tax
evasion.
Question 1.3
(a) Indirect tax: Taxpayer is not ultimate tax bearer while Direct Tax:
Taxpayer is ultimate tax bearer;
(b) Indirect tax and Direct Tax are the only method of categorizing tax
types under Vietnamese tax system;
(c) Indirect tax includes VAT, Special Sales Tax and Personal Income
Tax;
Enterprises having related party transactions must declare and submit a disclosure
form to the tax authority together with its CIT finalization return. Also, they are
required to prepare and maintain a transfer pricing documentation to evidence their
compliance with TP regulations on an annual basis.
Otherwise, the tax authority reserves the right to imposed deemed Pricing/profit for
tax adjustment purpose.
There are currently 5 acceptable methods for transfer pricing purpose, namely
CUP (comparable uncontrolled price), Profit-based methods (re-sale method,
Comparable Profit Margin (CPM) method, cost plus method) and Profit Split
Method (PSM). Of which, the widely used and accepted are CUP and CPM
Method (CUP must be tried first)
Question 1.6
*****
If in the first calendar year in Vietnam he qualifies as tax resident, then his first tax year will be
from his arrival date -> December (not 12 months from arrival)
Question 1.7
(a) There are clear signs that incomes will be generated (i.e. signing labor
contract, signing contract price, issuing monthly pay calculation, receiving
shares, etc.);
(b) Cash is paid out/ realized;
(c) Others (please specify)
****
Cash out taxed
Question 1.9
*****
Highest rate (per CIT)
Question 1.12
*****
Benefit in cash Fully taxable
In case of benefit in kind (Company pays to supplier, signs contract with supplier): (d) –
excluding housing benefit will apply
Question 1.13
After tax audit, if there is remaining dispute between taxpayer and tax
auditors, taxpayers can appeal in accordance with the Law on Appeal.
The Appeal must first be lodged to the local tax authority before
escalating to higher levels.
Foreign contractor A provides construction services (NOT including
providing materials).
*****
2% CIT, 5% VAT
Foreign Contractor A signs contracts to purchase goods from Company
B (a VN entity)
Under the contract with Company B, the goods will be delivered directly
from Company B to Company C.
(1) Yes
(2) No
*****
Distribution within VN territory 1% CIT (VAT exempted given it has been settled at import
stage)
Question 1.16:
Under the contract with Company B, the goods will be delivered directly
from Company B to Company C (another VN entity).
(1) Yes
(2) No
*****
See Example in the first two (02) articles of Circular 103/2014/TT-BTC
Question 1.18:
VAT exemption – 0% VAT rate – Cases not required to declare and pay
VAT is similar in terms of:
*****
Except for VAT exemption, input VAT is creditable for the other cases.
Question 1.19: Any FCT exposure on the goods value which Company
B pays to A?
(1) Yes
(2) No
*****
Fix the price distribution of goods in VN FCT scope of application.
Rate: not clear, but most likely 1% CIT, VAT exempted (given paid at importing stage)
Question 1.20:
(a) 1
(b) 2
(c) 3
(d) Others (Pls specify)
Question 1.21:
Any FCT exposure on the goods value which Company B pays to A?
(1) Yes
(2) No
*****
Responsible for costs of distribution in Vietnam distribution of goods in VN FCT scope of application.
Rate: not clear, but most likely 1% CIT, VAT exempted (given paid at importing stage)
Question 1.22 - How many methods of FCT declaration and payment?
(1) 1
(2) 2
(3) 3
(4) Others
*****
How may types of main CIT deductible expense (s) when calculating
FCT:
A1
B2
C3
D4
*****
Besides ,also note some other minorspecial cases under Article 13 of Circular 103/2014/TT-BTC (i.e.
insurance cost incurred , transportation cost, etc. in case of leasing M&E to Vietnamese company, etc.)
Question 1.25:
(a) The foreign contractor is responsible for all the taxes in their tax
jurisdiction;
(b) The foreign contractor is responsible for all the taxes in their tax
jurisdiction and in Vietnam;
(c) The foreign contractor is not responsible for all the taxes in their tax
jurisdiction;
(d) The foreign contractor is responsible for all the taxes in their tax
jurisdiction but not responsible for those incurred in Vietnam;
*****
Only 3 combos of tax basis in Vietnam:
*****
For example, providing to non-tariff-zone company (not subject to VAT).
Question 1.32:
When output VAT is less than input VAT, enterprises will not be
allowed to recover the accumulated un-creditted input VAT and will
have to treat the input VAT as their business cost?
(a) Correct
(b) Not correct
*****
Input VAT uncreditted may be offset against future output VAT or refunded in special
cases
Question 1.33:
Company A is granted incentive for manufacturing in industrial park.
In FY2015, Company A incurred the following incomes:
- Incomes from its manufacture activity in industrial park (in Ha Nam)
- Incomes from its manufacture activity in Hanoi
- Incomes from its trading activity in Ho Chi Minh city
All of the incomes above are qualified as incentive incomes.
The statement above is:
(a) Correct
(b) Incorrect
****
The latter two items are not qualified given they do not qualify the basis based on which
incentives are granted (i.e. manufacturing in IP) Treated as other taxable incomes subject to
20% standard rate.
Question 1.34:
Company A – established and operated under the laws of Singapore
– is contemplating to sell 20% of its shares in Company B – a
Vietnamese company – to Company C – established and operated
under the laws of US. Who will declare the Capital Assignment Tax
in accordance with the law?
(a) Company A
(b) Company B <since Seller and Buyer are foreign entities)
(c) Company C
(b) Company A and C
Question 1.35
This dividend is after-tax (i.e. Company X pays tax before distributing the
dividend).
(a) No PIT for both, given taxes are already settled before distribution;
(b) 5% PIT on both;
(c) 0.1% PIT on both;
(d) 5% PIT on VND20 million in cash only; <Share will be taxed upon
sale>
(e) 0.1% PIT on VND20 million in cash only;
(f) Others (Please specify)
Question 1.37 - In 2015, Company A donated
(1) monies in either cash or bank transfer to Bach Khoa university as
in the form of scholarships for best students; and
(2) Monies by bank transfer to a private fund formed by its Former
General Director to help poor people living in rural areas of
Vietnam.
Which of the above donations are deductible for CIT purpose:
(a) Both
(b) (1) <donation for education, building houses for the poor, health
care, disasters, government-backed special projects are deductible>
(c) (2) <other donations are not accepted>
(d) None
Question 1.38
(a) 10% withheld will be deducted against his total PIT payable in
FY2018 from all sources. His translation income will be considered as a
wage/salary income item for finalization purpose;
(c) Same as (a), but the withheld rate is 20%<no tax code: 20%, having
tax code: 10%>
(d) Same as (b), but the withheld rate is 20%; <non tax resident no
finalization>
Question 1.39
How are realized foreign exchange loss and gain (if any) be treated from
tax perspective in the below cases:
Cash compensation/
support/bonus/
financial income
Goods compensation
Cash support to provide
services
Repairs, advertising and Tự tra bảng nhé ^^
marketing, commercial
promotion, and other specific
services performed outside
Vietnam
(a) 10 years back from date of violation detect/ 5 years back from
date of penalty decision
(b) 5 years back from date of violation detect/ 2 years back from
date of penalty decision
(c) 10 years back from date of violation detect/ 2 years back from
date of penalty decision
(d) 5 years for both cases
Question 1.48:
Company B is subsidiary of Company A. Before Company B is established, as authorized
by Investors in written, Company A pays a number of expenses on behalf of Company B
(i.e. company set-up fee, etc.), proper invoices are addressed to Company’s A name and
tax code & payments are made from Company A to suppliers.
Can Company B claim the input VAT associated with the invoices as its creditable input
VAT?
(a) Yes
(b) No
*****
Pre-establishment cost can claim for CIT and VAT as well (subject to documentation as indicated
above)
Question 1.49:
Briefly state the invoice issuance time for goods sale/ services
provision.
Which of the below is NOT required for a legitimate VAT invoice for buyer’s input credit:
(a)
Invoice issued in accordance with the Law (having names of copies of an invoice, ordinal numbers
of invoices, Names of goods and services, units, quantities, unit prices of goods and services;
amount payable in numbers and in words, name of printing agencies, etc.);
(b)
Invoice’s Name, address, Tax Code issued to Buyer;
(c)
Having buyer and seller’s signatures and seals (except for certain special cases) and write the date
on the invoice.
(d)
Invoices must be written in Vietnamese
(e)
“Red” invoices must be available for every purchases
*****
Third-party payment via bank (also: payment by debt offset) is also accepted as a
non-cash payment evidence. See Article 14 – VAT circular.
Question 1.52:
Fill in the blank (similar attempts are accepted):
For incorrect invoice, not yet issued to buyer: Cross the copies, issue new invoice
For incorrect invoice, issued to buyer but NOT declares taxes: Minutes on invoice
revoke + Issue new invoice
- If the incorrectness does not impact the VAT payable: Make minutes on adjustment
- If the incorrectness impact the VAT payable: Makes minutes on adjustment + Issue
ADJUSTMENT invoice
Question 1.53:
The timing for determination of tax payable from real estate transfer
is:
(a) Upon contract effect (in case the contract specifies that buyer
will declare and pay taxes on behalf of seller)
(b) Upon the real estate transfer is duly registered/acknowledged
by competent authorities;
(c) Upon the real estate transfer is duly acknowledged by
competent authorities (in case the contract specifies that buyer
will declare and pay taxes on behalf of seller); < if not specified:
upon contract effect>
(d) Upon the real estate transfer is duly registered/acknowledged
by competent authorities (in case the contract does not specify
that buyer will declare and pay taxes on behalf of seller);
(e) Others (Please specify)
Question 1.54:
There are two schemes to avoid double taxation, namely tax CREDIT
(pay first, then CREDITTED against similar tax imposed on SAME
income in home country) & tax exemption (not paying, submitting a
notification dossier on tax exemption under treaty).
Double tax treaties shall prevail the domestic regulations and apply to
DIRECT taxes (such as CIT, PIT) only. On a case by case basis, certain
incomes may enjoy favorable treatment under treaties (royalty, interest,
business incomes; individual incomes, income from share transfer or
real estate transfer, etc.). Every treaties has similar articles guiding on
such specific incomes.
Question 1.55:
Every provision types are not accepted for CIT purpose given its
uncertainty.
(a) Correct
(b) Not correct
(a) 1 billion
(b) 1.2 billion
(c) 0.8 billion
(d) Others (Please specify)
*****
Upgrade expense: capitalized to increase original cost;
Repair expense: not capitalized, treated as operating cost
Question 1.58:
When under-10-seat cars are disposed, however, the net book value is
only capped at VND1.6 billion*years of use.
(a) Correct
(b) Not correct
(a) Yes
(b) No
(a) Yes
(b) No
*****
For PIT: deemed rate (given no maintaining invoices/documents)
For CIT: 20% net profit
Question 1.61:
Any difference btw PIT taxation method for transfer of shares of listed
and non-listed company?
(a) Yes
(b) No
*****
No exemption for Vietnamese employee (only applicable to expatriate)
Question 1.63:
Company A leases a fixed asset under operating lease arrangement from
Company B.
Who will depreciate the fixed asset?
(a) Company A
(b) Company B
*****
Operating lease: The lessor will depreciate
Financial lease: The Company who leases the asset will depreciate
ROUND 2 –
SECONDARY SCHOOL
Question 2.1
Under the VAT credit method, which of the following conditions are NOT
accepted for input VAT creditability?
(1) Input VAT associated with purchased goods and services which are
not relevant to Output (VAT-exempted goods/services);
(2) Input VAT associated with purchased goods and services which are
not relevant to Output (VAT-taxable goods/services);
(3) Input VAT without legitimate invoices;
(4) Input VAT with legitimate invoices but supporting documents do not
clearly imply the output-related nature;
(5) Input VAT of goods purchased as gifts to clients, paid in cash (the
amount of the gifts are VND18,000,000)
Answers:
(a) 2,3 and 4
(b) 2,3,4 and 5
(c) 1, 2,3 and 4
(d) Others (Please specify)
Question 2.2
Which of the below is NOT 100% correct with reference to core principles
of a deductible expense for CIT purpose:
1. Must be business-related;
2. Must be supported by invoices and proper documents;
3. Payment must be made directly from buyer to seller via bank transfer
(note, no bank account registration is required now)
4. Non-cash payment is required for all expenses from VND20 mil;
5. Non-cash payment is required for all purchases of goods and services
from suppliers from VND20 mil
Answers:
(a) 3 and 4
(b) 3 and 5
(c) 1 and 3
(d) 1 and 4
Question 2.3:
1. The point of time to start calculating deduction for PIT purpose is the time of
making registration of such deduction with the tax authority;
2. The deduction can be applied for both entitled persons (say, children deduction
can be applied for both Mum and Dad)
4. Non tax residents cannot claim the deduction for PIT purpose
5. If Mr A’s son are borne 15 May 2017, Mr A will claim deduction of full 3.6
million/month/dependent for May 2017
Which of the below cases are subject to PIT on real estate transfer?
Answers:
(a) None
(b) 2
(c) 1 and 2
(d) Others (Please specify)
Question 2.8:
Which of the below is DEDUCTIBLE for tax purpose:
(1) Company A purchased goods from a household. No invoice is
available. However, Form 01/TNDN is obtained.
(2) Company A made a provision (i.e. estimate of loss) for its
obsolete inventory in FY2015. The Company did follow the
provision regulation in this regard.
(3) Company A’s drivers surpassed the maximum allowed speed in
highway while on business. As a result, he is charged VND2 mil
of penalty. Company will bear the expense.
(4) Company A’s employees are remunerated on a gross basis (i.e.
PIT liability is borne by the employee). Company A withheld and
paid the PIT to the State Budget as required under the
regulation. Company A took the PIT as its expense in the year.
(5) Company A purchases services from a business individuals with
revenue more than VND100 mil per year, paying by bank
transfer
(6) Company A purchases services from a business individuals with
revenue below VND100 mil per year, paying in cash.
Question 2.9:
Which of the below is DEDUCTIBLE for tax purpose:
(1) As at 30 August 2015, Company A incurred a receivables from
customers for exporting goods amounting to USD5,000 (FX =
20,000). As at 30 September 2015, Company A performed end-
quarter revaluation of the receivable and recorded a FX loss
being VND5 mil to its financial expenses. Further, as of 31 Dec
2015, Company revaluated its payable accounts and incurred a
FX gain being VND3 mil.
(2) Company A purchased services from a supplier. It, however,
paid late than scheduled and had to pay a contract violation
penalty.
(3) Golf fee paid to its GD to play with potential business partners.
Question 2.10:
Which of the below is DEDUCTIBLE for tax purpose:
(1) Company accrued some expenses in 2015. The expenses are
related to revenue of 2015. The accrual is based on contract
from supplier. The contract stipulates that payment will be due
on May 2016, that is why as of 31 March 2016 (deadline of
submission of CIT return), Company A has not settled the
amount.
(2) The Company incurred significant expenses for its advertising &
promotion activities in 2015. Total deductible expenses of
Company A in 2015 is VND1 billion in which the A&P expenses
account for VND200 mil.
(3) Company A leased a house for its GD from an individual. No
invoice is available;
(4) Company A borrowed from its Parent Company in Japan USD1
mil with interest rate being 17%. At the loan time, the State Bank
of Vietnam’s lending rate is 12%. Total interest rate charged is
VND50 mil.
Question 2.11:
(a) Exported
(b) Considered-as-export goods (on-spot exports, sale to non-tariff
zones, etc.)
(c) Services provided to foreigners (organization/individuals)
(d) Services provided to foreigners (organization/individuals) and
consumed outside Vietnam
(e) International transportation;
(f) All of the above
(g) Others (please specify)
Question 2.13:
A i and ii
B ii and iv
C i and iii
D iii and iv
Question 2.14:
Which of the following transactions would NOT be subject to foreign contractor tax
(FCT) in Vietnam?
(ii) A foreign contractor performs brokerage services (finding customers) to sell coffee of a
Vietnamese brand in Indonesia market;
(iii) A foreign contractor conducts a market survey for the South Beverage Market of
Vietnam for a Vietnamese entity. The market survey is fully performed from the contractor’s
office in South Korea (i.e. all the works are done online from their laptops)
(iv) A foreign seller sells electronic equipment to a Vietnamese entity. As agreed by both
parties, the foreign seller will be responsible to bear all the cost and risks associated with the
goods to the factory of the Vietnamese entity in Hai Duong province
(v) A foreign contractor performs advertisement services for a Vietnamese entity to promote
its fruit in Singaporean market. The services are fully performed in Singapore (i.e. by way of
online advertisement)
A i and ii
B ii and iv
C i and iii
D iii and iv
Question 2.15: Fill in the missing numbers:
……… and …………. (write your numbers down)
VAT-ABLE REVENUE VAT RATE VAT PAYABLE CIT-ABLE REVENUE CIT RATE CIT PAYABLE NET PAYMENT TOTAL FCT PAYABLE
??? 3% ??? 970,000 2% 19,400 950,600 49,400
Question 2.16: Which of the below highlighted numbers are the
contract prices in case the contract prices are quoted on a:
VAT-ABLE REVENUE VAT RATE VAT PAYABLE CIT-ABLE REVENUE CIT RATE CIT PAYABLE NET PAYMENT TOTAL FCT PAYABLE
1,000,000 3% 30,000 970,000 2% 19,400 950,600 49,400
Question 2.17:
A. Tax resident
B. Non-tax resident
C. Tax resident (subject to condition)
D. Non-tax resident (subject to condition)
Question 2.18:
Which of the following incomes would NOT FULLY be subject to Personal Income Tax in VN:
A. Mr A – a Singaporean – currently works as a manager for a Vietnamese EPE. Besides monthly salary,
the Vietnamese EPE also covers tuition fee for his two sons who are studying in University of Nanyang
in Singapore.
B. Mr B is an employee of Company A. In this month, Mr B received a per diem being VND2,000,000 for
2 days of his business trip.
G. Mr G is an employee of Company A. During the month, Mr G pays out a lot of cash for his taxi
transportation (for business), entertainment with business partners, air tickets to go to Ho Chi Minh office,
etc. then gets reimbursement from Company A at the month-end (paid via bank together with his
monthly salary)
Question 2.19:
B. Dependent relief – Adopted children over 18 years of age, fully functional for working but
currently not working given on-going university study (i.e. no income)
C. Dependent relief – Adopted children over 18 years of age, fully functional for working but
currently not working given on-going university study (i.e. having income from various sources
amounting to VND1 mil per year)
E. Dependent relief - Legitimate adoptive Mum who is 50 years old, earning VND10 mil per
month.
G. Voluntary pension fund not exceeding VND12 mil/year. The pension fund is a vonluntary
pension fund in the US (where the expatriate employee is originally based).
C A tax credit can be claimed in Vietnam even if Country X does not have
a DTAA with Vietnam, but only up to the amount of personal income tax
payable under the Vietnamese tax regulations on the income
D A tax credit can be claimed in Vietnam for the full amount of the
overseas tax without any conditions or restrictions
Question 2.23:
Under the VAT credit method, which of the following conditions are NOT
accepted for input VAT creditability?
(1) Input VAT associated with purchased goods and services which are
not relevant to Output (VAT-exempted goods/services);
(2) Input VAT associated with purchased goods and services which are
not relevant to Output (VAT-taxable goods/services);
(3) Input VAT without legitimate invoices;
(4) Input VAT with legitimate invoices but supporting documents do not
clearly imply the output-related nature;
(5) Input VAT of goods purchased as gifts to clients, paid in cash (the
amount of the gifts are VND18,000,000) <value <20mil ok>
Answers:
(a) 2,3 and 4
(b) 2,3,4 and 5
(c) 1, 2,3 and 4
(d) Others (Please specify)
Question 2.2
Which of the below is NOT 100% correct with reference to core principles
of a deductible expense for CIT purpose:
1. Must be business-related;
2. Must be supported by invoices and proper documents;
3. Payment must be made directly from buyer to seller via bank transfer
(note, no bank account registration is required now) <Via 3rd party payment is
also accepted>
4. Non-cash payment is required for all <not all, say: salary payment will not
require> expenses from VND20 mil;
5. Non-cash payment is required for all purchases of goods and services
from suppliers from VND20 mil
Answers:
(a) 3 and 4
(b) 3 and 5
(c) 1 and 3
(d) 1 and 4
Question 2.3:
1. The point of time to start calculating deduction for PIT purpose is the time of
making registration of such deduction with the tax authority; <start from the time of
having the responsibility to take care: say, child birth month>
2. The deduction can be applied for both entitled persons (say, children deduction
can be applied for both Mum and Dad) <can only choose one>
4. Non tax residents cannot claim the deduction for PIT purpose
5. If Mr A’s son are borne 15 May 2017, Mr A will claim deduction of full 3.6
million/month/dependent for May 2017 <full-month claim>
Which of the below cases are subject to PIT on real estate transfer?
Answers:
(a) None
(b) 2
(c) 1 and 2
(d) Others (Please specify) : 2 and 3 (1 and 4 are exempted)
Question 2.8:
Which of the below is DEDUCTIBLE for tax purpose:
(1) Company A purchased goods from a household. No invoice is
available. However, Form 01/TNDN is obtained.
(2) Company A made a provision (i.e. estimate of loss) for its
obsolete inventory in FY2015. The Company did follow the
provision regulation in this regard.
(3) Company A’s drivers surpassed the maximum allowed speed in
highway while on business. As a result, he is charged VND2 mil
of penalty. Company will bear the expense.
(4) Company A’s employees are remunerated on a gross basis (i.e.
PIT liability is borne by the employee). Company A withheld and
paid the PIT to the State Budget as required under the
regulation. Company A took the PIT as its expense in the year.
(5) Company A purchases services from a business individuals with
revenue more than VND100 mil per year, paying by bank
transfer
(6) Company A purchases services from a business individuals with
revenue below VND100 mil per year, paying in cash <Paying in
cash is ok for this case>
Question 2.9:
Which of the below is DEDUCTIBLE for tax purpose:
(1) As at 30 August 2015, Company A incurred a receivables from
customers for exporting goods amounting to USD5,000 (FX = 20,000).
As at 30 September 2015, Company A performed end-quarter
revaluation of the receivable and recorded a FX loss being VND5 mil to
its financial expenses. Further, as of 31 Dec 2015, Company revaluated
its payable accounts and incurred a FX gain being VND3 mil. <realized
FX loss deductible, unrealized FX gain treated as income>
(2) Company A purchased services from a supplier. It, however, paid late
than scheduled and had to pay a contract violation penalty. <contract
penalty is deductible>
(3) Golf fee paid to its GD to play with potential business partners.
Question 2.10:
Which of the below is DEDUCTIBLE for tax purpose:
(1) Company accrued some expenses in 2015. The expenses are
related to revenue of 2015. The accrual is based on contract
from supplier. The contract stipulates that payment will be due
on May 2016, that is why as of 31 March 2016 (deadline of
submission of CIT return), Company A has not settled the
amount. <accrual made on sound basis, paid in line with
schedule is deductible>
(2) The Company incurred significant expenses for its advertising &
promotion activities in 2015. Total deductible expenses of
Company A in 2015 is VND1 billion in which the A&P expenses
account for VND200 mil. <no A&P cap now, fully deductible>
(3) Company A leased a house for its GD from a non-business
individual. No invoice is available <Form 01/TNDN available
ok>
(4) Company A borrowed from its Parent Company in Japan USD1
mil with interest rate being 17%. At the loan time, the State Bank
of Vietnam’s lending rate is 12%. Total interest rate charged is
VND50 mil. <less than 1.5 times SBV rate being 18% ok.
Assuming total interest expense less than 20% EBITDA>
Question 2.11:
(a) Exported
(b) Considered-as-export goods (on-spot exports, sale to non-tariff
zones, etc.)
(c) Services provided to foreigners (organization/individuals)
(d) Services provided to foreigners (organization/individuals) and
consumed outside Vietnam
(e) International transportation;
(f) All of the above
(g) Others (please specify): a + b + d + e
Question 2.13:
A i and ii
B ii and iv
C i and iii
D iii and iv
Question 2.14:
Which of the following transactions would NOT be subject to foreign contractor tax
(FCT) in Vietnam?
(i) A foreign contractor provides training services to employees of a Vietnamese company. The
training is conducted in both France and Vietnam. <if separated, the portion in France would be
exempted>
(ii) A foreign contractor performs brokerage services (finding customers) to sell coffee of a Vietnamese
brand in Indonesia market;
(iii) A foreign contractor conducts a market survey for the South Beverage Market of Vietnam for a
Vietnamese entity. The market survey is fully performed from the contractor’s office in South Korea
(i.e. all the works are done online from their laptops) <consumed in VN>
(iv) A foreign seller sells electronic equipment to a Vietnamese entity. As agreed by both parties, the
foreign seller will be responsible to bear all the cost and risks associated with the goods to the factory
of the Vietnamese entity in Hai Duong province
(v) A foreign contractor performs advertisement services for a Vietnamese entity to promote its fruit in
Singaporean market. The services are fully performed in Singapore (i.e. by way of online
advertisement) <online advertisement not exempted>
A i and ii
B ii and iv
C i and iii
D iii and iv
Question 2.15: Fill in the missing numbers:
1,000,000 and 30,000 (write your numbers down)
VAT-ABLE REVENUE VAT RATE VAT PAYABLE CIT-ABLE REVENUE CIT RATE CIT PAYABLE NET PAYMENT TOTAL FCT PAYABLE
??? 3% ??? 970,000 2% 19,400 950,600 49,400
Question 2.16: Which of the below highlighted numbers are the
contract prices in case the contract prices are quoted on a:
VAT-ABLE REVENUE VAT RATE VAT PAYABLE CIT-ABLE REVENUE CIT RATE CIT PAYABLE NET PAYMENT TOTAL FCT PAYABLE
1,000,000 3% 30,000 970,000 2% 19,400 950,600 49,400
Question 2.17:
A. Tax resident
B. Non-tax resident
C. Tax resident (subject to condition) <whether he is resident of US in 2015
or not>
D. Non-tax resident (subject to condition) <whether he is resident of US in
2015 or not> - both answers are accepted
Question 2.18:
Which of the following incomes would NOT FULLY be subject to Personal Income Tax in VN:
A. Mr A – a Singaporean – currently works as a manager for a Vietnamese EPE. Besides monthly salary,
the Vietnamese EPE also covers tuition fee for his two sons who are studying in University of Nanyang
in Singapore. <Study overseas / University: not exempted>
B. Mr B is an employee of Company A. In this month, Mr B received a per diem being VND2,000,000 for
2 days of his business trip.
G. Mr G is an employee of Company A. During the month, Mr G pays out a lot of cash for his taxi
transportation (for business), entertainment with business partners, air tickets to go to Ho Chi Minh office,
etc. then gets reimbursement from Company A at the month-end (paid via bank together with his
monthly salary) <BIZ-RELATED EXPENSE PIT EXEMPTED>
Question 2.19:
B. Dependent relief – Adopted children over 18 years of age, fully functional for working but
currently not working given on-going university study (i.e. no income)
C. Dependent relief – Adopted children over 18 years of age, fully functional for working but
currently not working given on-going university study (i.e. having income from various sources
amounting to VND1 mil per year) <not clear, you can choose or not, both ok>
E. Dependent relief - Legitimate adoptive Mum who is 50 years old, earning VND10 mil per
month.
G. Voluntary pension fund not exceeding VND12 mil/year. The pension fund is a vonluntary
pension fund in the US (where the expatriate employee is originally based).
<must be VN-based fund>
H. Donations to charitable, humantarian and study encouragement funds (subject to condition)
C A tax credit can be claimed in Vietnam even if Country X does not have
a DTAA with Vietnam, but only up to the amount of personal income tax
payable under the Vietnamese tax regulations on the income
D A tax credit can be claimed in Vietnam for the full amount of the
overseas tax without any conditions or restrictions
Question 2.23:
What is the amount of the deduction Mr Chau can claim against his
taxable income for the above contributions in 2014?
A VND9 million
B VND78 million
C VND24 million
D VND18 million
Question 3.3:
A VND0 million
B VND90 million
C VND81 million
D VND108 million
Question 3.4:
In the calendar year 2018, Huy – despite being a student – has earned more than
VND1 billion of incomes from the following sources:
(1) Huy purchased a lot of lottery tickets and finally won: VND100,000,000;
(2) Huy transfers the right to use his song (composed by himself- not yet registered
anywhere) to a street band: VND50,000,000
(3) Huy receives a brand new Macbook and Iphone Xs Max from his brother –
who came back to Vietnam from Australia for a short holiday: VND100,000,000
(4) Huy’s father transferred an apartment in Ecopark to him as a gift for his
twenties;
(5) Huy is a master in Korean, therefore he acted as a cabin translator in a number
of Korean enterprises’. For each time, he was paid VND100,000,000.
(6) Huy purchased 1,000 stocks of VinGroup at VND200,000 per stock. Now, the
market value of the stocks increases to VND 650,000 per stock. Huy is very happy
because the investment value is now VND450 million more.
PIT is inclusive. Please specify PIT treatment and PIT payable for each case.
Question 3.6
Besides the contract value being USD1 million, Company B also bears
and pays A expenses in connection with A’s expatriate employees
dispatched to Vietnam to perform the accompanied services (amounting
to USD0.1 million)
A USD19 million
B USD13·5 million
C USD16 million
D USD11·5 million
Question 3.15: Lameda Co, a foreign company based in Singapore,
hired space in a bonded warehouse in Vietnam. The storage space was
used for:
– the temporary storage of materials for Lamevie Co, a Vietnamese
company, prior to their further processing by Lamevie Co; and
– the storage of finished goods for other companies in Vietnam prior to
their distribution in Vietnam.
In the case of the finished goods, the costs of transportation from the
bonded warehouse to the distributors’ warehouse in Vietnam was paid
for by the distributors but reimbursed by Lameda Co.
Ms Hoai Pham has two eligible dependants. In 2014, her monthly gross
salary was VND50 million and she was responsible for paying 8% social
insurance and 1·5% health insurance.
A VND4·16 million
B VND4·67 million
C VND6·26 million
D VND5·20 million
Question 3.17:
During QI/2018, Company A’s input and output VAT position are as
follows:
Domestic Export Total input Month
Revenue Revenue VAT (both
activities)
2,000 8,000 1,300 January
6,000 8,000 1,200 February
6,000 4,000 1,000 March
(Unit: VNDmillion)
Assuming Company A applies for refund for its export on a monthly
basis and normal VAT rate is 10% (domestic revenue).
What is the amount of the deduction Mr Chau can claim against his
taxable income for the above contributions in 2014?
A VND0 million
B VND90 million <full 10 months>
C VND81 million
D VND108 million
Question 3.4:
In the calendar year 2018, Huy – despite being a student – has earned more than VND1 billion of
incomes from the following sources:
(1) Huy purchased a lot of lottery tickets and finally won: VND100,000,000;
(2) Huy transfers the right to use his song (composed by himself- not yet registered anywhere) to a
street band: VND50,000,000
(3) Huy receives a brand new Macbook and Iphone Xs Max from his brother – who came back to
Vietnam from Australia for a short holiday: VND100,000,000
(4) Huy’s father transferred an apartment in Ecopark to him as a gift for his twenties;
(5) Huy is a master in Korean, therefore he acted as a cabin translator in a number of Korean
enterprises’. For each time, he was paid VND100,000,000.
(6) Huy purchased 1,000 stocks of VinGroup at VND200,000 per stock. Now, the market value of the
stocks increases to VND 650,000 per stock. Huy is very happy because the investment value is now
VND450 million more.
PIT is inclusive. Please specify PIT treatment and PIT payable for each case.
Besides the contract value being USD1 million, Company B also bears
and pays A expenses in connection with A’s expatriate employees
dispatched to Vietnam to perform the accompanied services (amounting
to USD0.1 million)
A USD19 million
B USD13·5 million
C USD16 million
D USD11·5 million
Question 3.15: Lameda Co, a foreign company based in Singapore,
hired space in a bonded warehouse in Vietnam. The storage space was
used for:
– the temporary storage of materials for Lamevie Co, a Vietnamese
company, prior to their further processing by Lamevie Co; and
– the storage of finished goods for other companies in Vietnam prior to
their distribution in Vietnam.
In the case of the finished goods, the costs of transportation from the
bonded warehouse to the distributors’ warehouse in Vietnam was paid
for by the distributors but reimbursed by Lameda Co.
Ms Hoai Pham has two eligible dependants. In 2014, her monthly gross
salary was VND50 million and she was responsible for paying 8% social
insurance and 1·5% health insurance.
A VND4·16 million
B VND4·67 million
C VND6·26 million
D VND5·20 million
Question 3.17:
During QI/2018, Company A’s input and output VAT position are as follows:
Assuming Company A applies for refund for its export on a monthly basis and normal VAT rate is
10% (domestic revenue). Calculate the input VAT refunded amount for three months.
**** (See VAT refund section on VAT Circular for details)
Jan:
- Allocated Input VAT to Export/Domestic: 1300*0.8=1,040 (Exp) – 260 (domestic)
- Output VAT (Domestic): 2,000*10% = 200 (fully offset against 260 domestic)
Input VAT refunded (export) = 800 (since 1,040>800 = 10% export revenue)
Feb:
- Allocated Input VAT to Export/Domestic: 1200*8/14=685 (Exp) – 515 (domestic)
- Output VAT (Domestic): 6,000*10% = 600 (fully offset against 515 domestic + 85 export)
Input VAT refunded (export) = 685 – 85 = 600 (>300 & <10%Export revenue) refunded
Mar:
- Allocated Input VAT to Export/Domestic: 1000*4/10=400 (Exp) – 600 (domestic)
- Output VAT (Domestic): 6,000*10% = 600 (fully offset against 600 domestic)
Input VAT refunded (export) = 400 (>300 & = 10% export revenue) refunded
ROUND 4 –
UNIVERSITY
(until 1 June)
Step 1 - Choose one (01) of the below box
Step 3 - …
THANK YOU !
GOOD LUCK!
IN TOUCH:
MR. NGUYEN VIET DZUNG
TAX & BUSINESS ADVISORY
PARTNER
NEXIA VIETNAM
DUNG.NGUYEN@NEXIA.VN
NDUNG85@GMAIL.COM
0913.06.24.12
https://
www.facebook.com/nguyen.v.dung.
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