Proposed regulations on tax refund for biofuel

Đề xuất quy định hoàn thuế đối với xăng sinh học- Ảnh 1. — Ministry of Finance proposes tax refund regulations for biofuel

The Ministry of Finance said that at Point b, Clause 4, Article 8 of the draft Decree detailing the implementation of a number of articles of the Law on Special Consumption Tax (being drafted by the Ministry of Finance), it states:

" For enterprises licensed to produce and blend bio-fuel, the declaration and payment of tax and deduction of special consumption tax are carried out at the local tax authority where the enterprise has its head office. The amount of special consumption tax not yet fully deducted on raw mineral gasoline used to produce and blend bio-fuel is offset against the amount of special consumption tax payable on other goods and services arising in the period. In case after offset, there is still an amount of special consumption tax not yet fully deducted on raw mineral gasoline used to produce and blend bio-fuel, it will be deducted in the next period or refunded according to regulations of the Ministry of Finance. "

Decree No. 14/2019/ND-CP stipulates the refund of special consumption tax that has not been fully deducted by enterprises producing biofuel.

Article 29 of Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance guiding the implementation of a number of articles of the Law on Tax Administration and Decree No. 126/2020/ND-CP detailing a number of articles of the Law on Tax Administration states:

"Article 29. Dossier requesting refund of special consumption tax on bio-fuel

1. Application for refund of state budget revenue according to form No. 01a/DNHT issued with Decree No. 14/2019/ND-CP dated February 1, 2019 of the Government .

2. A copy of the document from the competent state agency on the taxpayer's permission to produce biofuel, submitted with the first special consumption tax refund dossier. "

According to the Ministry of Finance, based on the above draft Decree and inheriting the current regulations that are being implemented stably, it is necessary to regulate the dossier for refunding the amount of special consumption tax that has not been fully deducted by enterprises producing bio-fuel.

Article 5 of the draft Circular proposes regulations on records and procedures for refunding the amount of special consumption tax that has not been fully deducted by enterprises producing bio-fuel as follows:

" 1. For enterprises licensed to produce biofuel, the dossier for settlement of special consumption tax refund is as follows:

a) Request for refund of state budget revenue and offset with other taxes payable (if any).

b) Form 01a/DNHT attached to this Circular.

2. Enterprises producing and blending bio-fuel shall submit a request for refund of the amount of special consumption tax that has not been fully deducted to the local tax authority where the enterprise has its head office for refund settlement according to regulations.

3. The responsibility of the tax authority in handling the dossier for refund of special consumption tax as prescribed in this clause shall be implemented in accordance with the provisions of the law on tax administration.

4. Based on the tax authority's order to refund state budget revenue or the tax authority's order to refund and offset state budget revenue, the State Treasury shall pay the special consumption tax refund on raw mineral gasoline used to produce and blend bio-fuel according to the provisions of Article 5 of Decree No. 11/2020/ND-CP dated January 20, 2020 of the Government regulating administrative procedures in the field of the State Treasury. "

The Ministry of Finance proposes that this regulation take effect from January 1, 2026.

We invite readers to read the full draft and give comments here./.

Source: https://baochinhphu.vn/de-xuat-quy-dinh-hoan-thue-doi-voi-xang-sinh-hoc-102251003153538626.htm