Circular 83/2020/TT-BTC guiding Clause 3, Article 7 of Decision 15/2020/QD-TTg providing for the implementation of policies to support people facing difficulties due to the Covid-19 pandemic issued by the Ministry of Finance

CIRCULAR

ON GUIDELINES FOR CLAUSE 3 ARTICLE 7 OF DECISION NO. 15/2020/QD-TTG DATED APRIL 24, 2020 OF THE PRIME MINISTER ON IMPLEMENTATION OF POLICIES ON ASSISTANCE FOR PEOPLE AFFECTED BY COVID-19 PANDEMIC

Pursuant to the Law on Corporate Income Tax dated June 3, 2008 and Law on amendments to the Law on Corporate Income Tax dated June 19, 2013;

Pursuant to Law on amendments to Laws on Taxation dated November 26, 2014;

Pursuant to the Decree No. 218/2013/ND-CP dated December 26, 2013 on guidelines for certain articles and implementation of the Law on Corporate Income Tax;

Pursuant to the Government's Decree No. 91/2014/ND-CP dated October 1, 2014 on amendments to Decrees on Taxation;

Pursuant to the Government's Decree No. 12/2015/ND-CP dated February 12, 2015 on guidelines for Law on amendments to Laws on taxation and amendments to Decrees on Taxation;

Pursuant to Government’s Decree No. 146/2017/ND-CP dated December 15, 2017 on amendments to the Government’s Decree No. 100/2016/ND-CP dated July 1, 2016 and the Government’s Decree No. 12/2015/ND-CP dated February 12, 2015 of the Government;

Pursuant to Resolution No. 42/NQ-CP dated April 9, 2020 of the Government on measures taken to assist the people affected by COVID-19 pandemic;

Pursuant to Decision No. 15/2020/QD-TTG dated April 24, 2020 of the Prime Minister on implementation of policies on assistance for people affected by COVID-19 pandemic;

Pursuant to Government's Decree No. 87/2017/ND-CP dated July 26, 2017 on functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of the Director of the General Department of Taxation;

The Minister of Finance promulgates a Circular on guidelines for clause 3 Article 7 of Decision No. 15/2020/QD-TTG dated April 24, 2020 of the Prime Minister on implementation of policies on assistance for people affected by COVID-19 pandemic.

Article 1. Scope

This Circular provides guidelines for funding claimed as a deduction when determining corporate taxable income if the funding is provided for street lottery ticket sellers as financial assistance as prescribed in clause 3 Article 7 of Decision No. 15/2020/QD-TTg dated April 24, 2020 of the Prime Minister.

Article 2. Regulated entities

1. Street lottery ticket sellers receiving financial assistance from lottery companies who fully meet all requirements in clause 1 Article 7 of Decision No. 15/2020/QD-TTg dated April 24, 2020 of the Prime Minister.

2. Lottery companies.

3. People’s Committees of provinces and centrally-affiliated cities.

4. Agencies, organizations, and individuals relevant to implementation of Decision No. 15/2020/QD-TTg.

Article 3. Financial assistance provided for street lottery ticket sellers as a deduction when determining corporate taxable income

1. Financial assistance provided for street lottery ticket sellers who fully meet all requirements in clause 1 Article 7 of Decision No. 15/2020/QD-TTg dated April 24, 2020 of the Prime Minister may be claimed as a deduction when determining corporate taxable income of the lottery company if the recipients are eligible and duly complete assistance dossier prescribed clause 2 or clause 3 hereof is submitted.

2. In case of assistance in cash or in kind for street lottery ticket sellers through an agency or organization authorized to raise finance as per the law or assigned by the People’s Committee of province or centrally-affiliated city, an assistance dossier shall consist of:

a) A list of street lottery ticket sellers eligible for receiving financial assistance from lottery companies approved by the President of People’s Committee of province as prescribed in clause 4 Article 8 of Decision No. 15/2020/QD-TTg dated April 24, 2020 of the Prime Minister.

b) A list of street lottery ticket sellers who actually received financial assistance and total value of financial assistance of the lottery company, certified and held accountable by the representative thereof.

c) Invoices or proof of purchase of goods (for assistance in kind) or payment order (for assistance in cash) from April 1, 2020.

3. If the lottery company directly provides financial assistance for street lottery ticket sellers, an assistance dossier shall consist of:

a) A list of street lottery ticket sellers eligible for receiving assistance from lottery companies approved by the President of People’s Committee of province as prescribed in clause 4 Article 8 of Decision No. 15/2020/QD-TTg dated April 24, 2020 of the Prime Minister;

b) Invoices or proof of purchase of goods (for assistance in kind) or payment order (for assistance in cash) from April 1, 2020.

4. Assistance duration, maximum financial assistance for street lottery ticket sellers (including cash and goods/services) claimed as a deduction when determining corporate taxable income in 2020 shall comply with point 4 section II of Resolution No. 42/NQ-CP dated April 9, 2020 of the Government.

5. The legal representative of the lottery company shall take legal liability for accuracy and truthfulness of documents and proof in this Article. Documents and proof prescribed in this Article shall be kept at the company and presented to the tax authorities upon request.

Article 4. Entry in force

1. This Circular comes into force as of November 6, 2020 and applies to the tax calculation period of 2020.

2. Tax authorities shall disseminate and instruct lottery companies to implement this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration./.

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