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The way subject to special excise tax for vehicles that seat fewer than 24 people

On October 28, 2015, the Government issued the Decree No. 108/2015/ND-CP guiding a number of Articles of the Law on Special Excise Duty and the Law on amending the Law on Special Excise Duty, within that, one of the most important contents is on special excise tax for vehicles that seat fewer than 24 people and gasoline manufacturer of goods subject to special excise tax (sells their goods to other resellers.

In particular, in case an importer or manufacturer/assembler of vehicles that seat fewer than 24 people sell them to resellers, for importer of vehicles that seat fewer than 24 people, the taxable price is the selling price imposed by the importer which must not fall below 105% of the import price.

For manufacturer/assembler of vehicles that seat fewer than 24 people, the taxable price is the selling price imposed by the manufacturer which must not fall below 7% of the average selling price imposed by the resellers. The average selling price imposed by the resellers is the selling prices without additional equipment and parts requested by the buyers. In case the selling price imposed by the manufacturer/assembler is lower than 7% of the average selling price imposed by the resellers, the taxable price shall be imposed by the tax authority according to regulations on tax administration.

Besides, the Decree also guides in details the special excise tax for other goods and services.  For goods sold under an installment plan or deferral plan, the taxable price is the original selling price exclusive of installment and deferral interest. Additionally, taxable prices of services are prices imposed by service providers for discotheque, massage, and karaoke business, taxable prices are revenues from activities within the discotheque, massage establishment, karaoke establishment, including revenues from food and drink services and other services…

This Decree takes effect on January 01, 2016.

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