New investment projects of a software company ?

Can a new investment project of a company producing software products enjoy corporate income tax incentives according to the provisions of law ?

Lawyers in Da Nang advise on relevant provisions of law on corporate income tax regarding new investment projects of a company producing software products?

New investment projects:

A new investment project is an investment project implemented for the first time or an investment project independent of an active investment project (Clause 6, Article 3 of the Law on Investment No. 61/2020/QH14 dated June 17, 2020).

New investment projects that enjoy corporate income tax incentives specified in Article 15 and Article 16 of Decree No. 218/2013/ND-CP are: Projects that are granted Investment Certificates for the first time from January 1, 2014 and generate revenue from that project after being granted an Investment Certificate (Clause 3, Article 10, Circular 96/2015/TT-BTC dated June 22, 2015).

Business lines and trade with special investment incentives:

Business lines and trade eligible for investment incentives include: production of information technology products, software, digital content (Point dd Clause 1 Article 16 of the Law on Investment No. 61/2020/QH14 dated June 17, 2020);

Production of software products is a business line and trade with special investment incentives (Clause 1, Article 19, Point 5, Clause I, Section A, Appendix II, Decree No. 31/2021/ND-CP dated March 26, 2021);

Enterprise income from implementing new investment projects, including: producing software products is entitled to incentives for tax rates and tax exemption and tax reduction periods (Clause 7 and Clause 8, Article 1 of the Law amending and supplementing the Law on Corporate Income Tax No. 32/2013/QH13 dated June 19, 2013);

Owner of new investment project:

From the date of issuance of the Enterprise Registration Certificate or other documents of equivalent legal value, the economic organization established by the foreign investor is the investor implementing the investment project according to the provisions of Investment Registration Certificate (Clause 2, Article 22 of the Law on Investment No. 61/2020/QH14 dated June 17, 2020);

Therefore, an investment project that is granted an Investment Registration Certificate for the first time from January 1, 2014 and generates revenue from that project after being granted an Investment Certificate is entitled to corporate income tax incentives prescribed in Article 15 and Article 16 of Decree No. 218/2013/ND-CP./.

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