National Assembly Deputy Mai Van Hai, Provincial Party Committee member, Deputy Head of the National Assembly Delegation of Thanh Hoa province.
Participating in giving comments on Article 3 on taxable income, National Assembly Deputy Mai Van Hai, Provincial Party Committee member, Deputy Head of the National Assembly Delegation of Thanh Hoa province, said that Point g, Clause 2 stipulates other income: "income from business in previous years that was missed and now discovered", so it is recommended to review this regulation to ensure strictness to avoid the situation where enterprises intentionally miss income in business, when discovered, they pay, when not discovered, they do not. Therefore, it is necessary to clarify what is missed revenue and intentionally hiding revenue to evade taxes, if not regulated as in the draft, it will lead to profiteering and taking advantage of policies.
Regarding tax-exempt income, Clause 2, Article 4 stipulates income tax exemption for cooperatives and cooperative unions operating in the fields of agriculture, forestry, fishery, and salt production in areas with difficult or extremely difficult socio -economic conditions, which delegates completely agree with. However, it is proposed to add more subjects exempted from income tax for cooperative groups operating in the fields of agriculture, forestry, fishery, and salt production.
In Clause 8, Article 4, which stipulates funding for technology development, innovation, and digital transformation, delegates agreed and said that this provision will contribute to the effective implementation of Resolution No. 57 of the Politburo on breakthroughs in science and technology (S&T) development, innovation, and national digital transformation. However, delegates suggested that there should be stricter regulations so that enterprises can use the funds for the right purposes of S&T development, innovation, and digital transformation. If they use them for the wrong purposes, they must be strictly handled according to the provisions of law. Furthermore, there should be specific regulations to prevent enterprises from taking advantage of the profit transfer policy to evade taxes.
Commenting on point c, clause 14 on income of public service units from providing public services in areas with particularly difficult socio-economic conditions, the delegate said that in order to create favorable conditions for public service units in mountainous areas to operate, it is necessary to stipulate exemption of corporate income tax for public service units in areas with ethnic minorities and mountainous areas with difficult socio-economic conditions.
Regarding the determination of taxable income, it is stipulated in Clause 3, Article 7: “...In case there is a loss in production and business activities, it can be offset against the loss and taxable income of production and business activities with income chosen by the enterprise (except for income from real estate transfer, investment project transfer, transfer of rights to participate in investment projects, which is not offset against income from production and business activities that are receiving tax incentives)”.
Delegates suggested that it is necessary to carefully consider and evaluate the provisions on loss compensation to create favorable conditions for enterprises to conduct production and business activities, especially enterprises operating in multi-industry production and business, including real estate. But also not to allow enterprises to take advantage of loss compensation to take advantage of State policies.
Delegates suggested creating favorable conditions for businesses, allowing businesses to offset profits from real estate transfers and investment project transfers with losses from other production and business activities. However, strict regulations are needed to prevent businesses from intentionally creating losses in order to reduce taxes from real estate business activities, and there should also be regulations to strictly handle fraudulent acts against businesses that are allowed to offset losses in violation of regulations.
Regarding the establishment of the Science and Technology Development Fund, delegates agreed to establish the Science and Technology Development Fund so that enterprises have a proactive source of funds in developing science and technology, innovation and digital transformation. It is proposed that the law only stipulates the operating principles of the Fund, while the establishment, organization and operation are left to the Government to specify in detail.
Quoc Huong
Source: https://baothanhhoa.vn/dai-bieu-mai-van-hai-doan-dbqh-tinh-thanh-hoa-de-nghi-bo-sung-doi-tuong-duoc-mien-thue-thu-nhap-doi-voi-loai-hinh-to-hop-tac-hoat-dong-trong-linh-vuc-nong-nghiep-lam-nghiep-ngu-nghiep-diem-nghiep-248466.htm
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