Question:
Our company used to have 100% Vietnamese capital (25 billion VND), with its headquarters located in District 2, Ho Chi Minh City and managed by the District 2 Tax Department. Now, our company is transferring 100% of the capital to a foreign entity and relocating the headquarters to District 1, Ho Chi Minh City. So, I would like to know if our company needs to go through the procedure to transfer tax authority from the District 2 Tax Department to the District 1 Tax Department?
Answer:
Based on Article 15 of Circular No. 95/2016/TT-BTC dated June 28, 2016 by the Ministry of Finance, which provides guidance on tax registration, handling of tax registration information changes, and result notification, the principle is that the company is currently operating with its main headquarters in District 2, Ho Chi Minh City, and is managed by the District 2 Tax Department. Now, the company is relocating its headquarters to District 1, and the District 2 Tax Department will issue a Notification of Taxpayer’s Change of Location (Form 09-MST) as specified in this Circular. The company needs to send one copy of this notification to the taxpayer and one copy to the tax department where the taxpayer is relocating to inform them about the fulfillment of taxpayer’s obligations according to Article 8, Clause 2 of Decree No. 83/2013/ND-CP dated July 22, 2013 by the Government. Therefore, the company should follow the procedures at the Tax Department of the new location based on the Notification of Taxpayer’s Change of Location (Form 09-MST) issued according to Circular No. 95/2016/TT-BTC
