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Regulations on the deduction of input VAT according to Circular 219/2013/TT-BTC

Question: Deduction of input VAT for the production and business of non-taxable goods

Company X has sales of non-taxable goods. Can they declare a deduction for input VAT used for the production and business of non-taxable goods?

 

Value Added Tax (VAT) is an indirect tax widely applied in production and business activities. To ensure fairness and transparency, the government has issued many regulations related to the deduction of input VAT. Among them, Circular 219/2013/TT-BTC is one of the important legal documents that specifically regulates the principles of VAT deduction.

General Principle 

According to Clause 1, Article 14 of Circular 219/2013/TT-BTC, the input VAT of goods and services used for the production and business of taxable goods and services can be fully deducted. This means that businesses can deduct the entire amount of VAT paid when purchasing goods and services to serve their main production and business activities.

Special Cases

  • Goods and services used for multiple purposes: When goods and services are used for both taxable and non-taxable activities, businesses are only allowed to deduct the portion of VAT corresponding to the portion of goods and services used for taxable activities.
  • Non-taxable goods and services: According to Article 4 of Circular 219/2013/TT-BTC, some types of goods and services are not subject to VAT. The input VAT of these types of goods and services is usually not deductible, except in some special cases specified in Clause 7, Article 14 of the Circular.
  • Goods and services used for the production and business of goods and services provided to foreign organizations and individuals: The input VAT of this type of goods and services can be fully deducted.
  • Goods and services used for the activities of exploring, prospecting, and developing oil and gas fields: The input VAT of this type of goods and services can be fully deducted until the first day of exploitation or the first day of production.

Allocation of input VAT 

For businesses that have both taxable and non-taxable production and business activities, the allocation of input VAT is very important. Businesses need to separately account for deductible and non-deductible input VAT. In cases where separate accounting is not possible, businesses will apply a proportional allocation method based on revenue.

Conclusion 

Understanding the regulations on the deduction of input VAT is very important for businesses. Circular 219/2013/TT-BTC provides a clear and detailed legal framework for this matter. However, due to the complexity of the regulations, businesses should consult with accounting experts to ensure that their tax declarations and payments are in compliance.

References

  • Clause 1, Article 14 of Circular 219/2013/TT-BTC
  • Clause 7, Article 14 of Circular 219/2013/TT-BTC
  • Article 4 of Circular 219/2013/TT-BTC
  • Tax and accounting websites
  • Tax forums and discussion groups