Proposed new regulations on depreciation of fixed assets

Draft Circular amending and supplementing Circular No. 45/2013/TT-BTC guiding the management, use and depreciation of fixed assets.

The draft proposes to add Clause 12 to Article 9 of Circular No. 45/2013/TT-BTC on "Principles of depreciation of fixed assets" as follows:

Existing tangible fixed assets that are temporarily not in use and have not yet participated in production and business activities at enterprises with 100% charter capital of enterprises with 100% charter capital held by the State according to Decision No. 1468/QD-TTg dated September 29, 2017 of the Prime Minister approving the "Project to handle shortcomings and weaknesses of a number of projects and enterprises that are behind schedule and ineffective in the Industry and Trade sector": Enterprises are allowed to proactively extend or postpone depreciation during the period of non-use and ensure the principle of depreciation time of fixed assets according to the depreciation time frame as prescribed in this Circular. Enterprises must notify the tax authority directly managing them for monitoring and management.

According to current regulations in Circular No. 45/2013/TT-BTC, the Ministry of Finance stipulates the principles of depreciation of fixed assets (TSCD) as follows:

All existing fixed assets of an enterprise must be depreciated, except for the following fixed assets: Fixed assets that have been fully depreciated but are still being used in production and business activities; Fixed assets that have not been fully depreciated and are lost; Other fixed assets managed by the enterprise but not owned by the enterprise (except for financial leased fixed assets); Fixed assets that are not managed, monitored, or accounted for in the enterprise's accounting books...

Fixed asset depreciation expenses are included in reasonable expenses when calculating corporate income tax in accordance with the provisions of legal documents on corporate income tax.

Fixed assets that have not been fully depreciated are lost or damaged beyond repair, the enterprise shall determine the cause and the responsibility for compensation of the group or individual causing the loss. The enterprise shall use the Financial Reserve Fund to compensate for the difference between the remaining value of the asset and the compensation of the organization or individual causing the loss, the compensation of the insurance agency and the recovered value (if any). In case the Financial Reserve Fund is not sufficient to compensate, the enterprise shall include the difference in the reasonable expenses of the enterprise when determining corporate income tax.

Enterprises leasing fixed assets must depreciate leased fixed assets.

Enterprises leasing fixed assets under financial leasing (referred to as financial leased fixed assets) must depreciate the leased fixed assets as if they were owned by the enterprise according to current regulations. In case at the beginning of the asset lease, the enterprise leasing the financial leased fixed assets commits not to buy back the leased assets in the financial lease contract, the lessee enterprise is allowed to depreciate the financial leased fixed assets according to the lease term in the contract...

Please read the full draft and give your comments here.

Source: https://thoibaonganhang.vn/de-xuat-quy-dinh-moi-ve-trich-khau-hao-tai-san-co-dinh-160979.html